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Miscellaneous - 16 BERRY STREET 4/30/2018 (9)
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I.Ia: ... i ' ►�.r_.J5£c�U.r- sC��hhec�_ Jy]ta��z i art>rn YL r. QY�.�,a ThmO�rb d (TO PLAINTIFF'S ATTORNEY:Please Circle Type OfAction Involved.- TORT MOTOR VEHICLE TORT CONTRACT - EQUITABLE RELIEF OTHER)7—Fil Y -U" .. ... COMMONWEALTH OF MASS,*W` $EfTJ �2 ESSEY,ss. i% !"jSWERIOR.COURT T" tO&ACITONi'E X10:1677� CV 00332 IRAt.iA]aal..Re..f.....rig,e..rat...... ..ion.,...Inc............ ................................................. .Plaintiff(s) .. .... ..... V. 00 Town of North Andover acting by and through its Zoning Board of Appeals > .................... ............... ...................... ................................... L) ... .........Defendant(s) SUMMONS 6 To the above named Defendant: Town of North Andover acting by and through its Zoning Board of Appeals You are hereby summoned and required to serve upon Steven Shane Smith, Esq., of Shannon Law A — 7E� 300 Crown Colon Drive, Suite 504 s s o c T a—t—e—s—, Tn L ;5 plaintiff's nc s attorney,whose address is -Qui )E, MA 0216 6 an answer to the complaint which is herewith served upon you,within 20 days after service of this summons upon you,exclusive of the day of service.If you fail to do so,judgment by default will be taken against you for the relief demanded in the complaint You are also required to file your answer to the complaint in the office of the Clerk of this court at Salem either before service upon plaintiffs attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13 (a),your answer must state as a counterclaim any claim which may you have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff s claim or you will thereafter be barred from making such claim in any other action. Cz. o. WITNESS,JudithFabricant Esquire,at Salem,the 15th day of March in the year of our Lord two thousand 16 o 0 TRUE ATTEST COPY z 6'EPUTY SHERIFF ],TOTES: I. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. When more than one defendant is involved,the names of all defendants should appear in the caption-If a Separate summons is used for each defendant,each should be addressed to the particular defendant Q � (TO PLAINTIF'F'S ATTORNEY:Please Circle Type ofAction Involved.- TORT MOTOR VEHICLE TORT - CONTRACT - EQUITABLE RELIEF COMMONWEALTH OF MASS W, WT1153-2 ESSEX,ss. _ :;SUPERIOR COURT Nc T.1 t4wlt,ACTION CV 00332 Nation ............................................................ .Plaintiff(s) V. Town of North Andover acting by and through its Zoning Board of Appeals ..........Defendant(s) > ...... ..................................................................... ........... ................... .2 SUMMONS CS o To the above named Defendant Town of North Andover acting by and through its Zoning Board of Appeals Steven Shane Smith, Esq., of Shannon Law You are hereby summoned and required to serve upon-S- ASsociates, 300 Crown Colog Drive, Suite 504 answer to the plaintiff's attorney,whose address is Quincy, MA 0216 an o complaint which is herewith served upon you,within 20 days after service of this summons upon you,exclusive of the day of service.If you fail to do so,judgment by default will be taken against you for the relief demanded in the complaint.You are also required to file your answer to the complaint in the office of the Clerk of this court at 0 Salem -either before service upon plaintiff's attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13 (a),your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out ofthe transaction or occurrence that is the subject matter of the plaintiff claim or you will thereafter be barred from making such claim in any other action. WITNESS,Judith Fabricant,Esquire,at Salem,the 15th day of March in the year of our Lord two thousand 16 P, Z WXlerk 0 TRUE ATTEST COPY DEPUTY SHERIFF NOTES: 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. When more than one defendant is involved,the names of all defendants should appear in the caption.rf a separate summons is used for each defendant each should be addressed to the particular defendant. (TO PLAIN='S ATTORNEY:Please Circle Type ofAction Involved. TORT MOTOR VEHICLE TORT CONTRACT - EQUITABLE RELIEF COMMONWEALTH OF MASS,* S,- �12 ESSEX,ss. SUPERIOR COURT —"'ACTION _ .No 1677 CV 00332 National Refrigeration, ..Inc._............ ........... Plaintiff(s) V. C Town of North Andover acting by and through its Zoning Board of Appeals ........I......................................................................................... .................... Defendant(s) SUAMONS To the above named Defendant. Town of North Andover acting by and through its Zoning Board of Appeals You arc hereby summoned and required to serve upon Steven Shane Smith, Esq. , of Shannon Law Associates, Ibb. 30Q Crown Colony Drive, Suite 504 P s attorney,whose address i incy, MA 02169 an answer to the complaint which is herewith served upon you,within 20 days after service of this summons upon you,exclusive of the day of service-If you fail to do so,judgment by default will be taken against you for the relief demanded in the 7" complaint You are also required to Me your answer to the complaint in the office of the Clerk:of this court at o Salem either before service upon plaintiffs attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13 (a),your answer must state as a counterclaim W�claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff claim or you will thereafter be barred from making such claim in any other action. '6 WITNESS,Judith Fabricant,Esquire,at Salem,the 15th day of March in the year of our Lord two thousand 16 o o TRUE ATTEST COPY lerk -3 DEPUTY SHERIFF NOTES: 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. .2. When more than one defendant is involved,the names of all defendants should appear in the caption-If a separate summons is used for each defendant each should be addressed to the particular defendant 0 . 0 DOCKET No.(s) Trial Court of MassachusettCIVIL ACTION s..' COVER SHEAT _ .. L` ':. i`' - ; ' Superior Court Department _ :.` County: Essex ?LAiNTIFF(5) DEFENDANT(S) National Refrigeration,-Inc. Town cf North Andover ' ATTORNEY,FIRM RAME,ADDRESS AND TELEPHONE ATTORNEY (if known) Francis A. STia h-bn, lfl, Esq. 617-479-1313 Shannon.Law Associates, Inc. 300 Crown Colony Drive, Suite 504, Quincy, MA 02169 ` Boardof Bar Oversee*,number, 560651 Origin code and track designation Piace-an x in orlje box only: ❑ 4. F04 District.Court Appeal c.231. s. 97 & 104 (After ® 1. F01 Original Complaint trial) "(X) ❑ 2. F02 Removal to Sup. Ct. C.231, s. 104 ❑ 5.-F05 Reactivated after rescript; relief from . (Before--trial) (F) judgment/Order (Mass. R. Civ.P.60) (X) ❑ 3. F03 Retransfer to Sup, Ct. C.231, s. 102C (X) ❑ 6. E10 Summary Process Appeal (X) TYPE OF ACTION AND TRACK DESIGNATION (See reverse side) CODE NO. TYPE OF ACTION ,(specify) TRACK IS THIS A JURY CASE? CO2 Zonng Appeal c. 40A (F ) ( )Yes (X ' )No The following is a full, itemized and detailed statement of the facts on which plaintiff relies to determine moneylama es. For this form, disregard double or treble dama e claims; indicate sin le damages only. TORT CLAIMS (Attach additional sheets as necessary) A Documented medical expenses to date: 1. Total hospital expenses.................................................................................... $ �J 2. Total Doctor expenses........••............................................... I........I.............I..... $ 3. Total chiropractic expenses..:.................................................I—,...................... $ 4. Total physical therapy expenses.......................................................................... $ 5. Total other expenses (describe)......................................................................... $ Subtotal $ 0.00 B. Documented lost wages and compensation to date... ...........111....... $ C. Documented property damages to date....................................................................... $ D. Reasonably anticipated future medical and hospital expenses.......................................... $ E. Reasonably anticipated lost wages............................................................................. $ r. Other documented items of damages (describe) G. -Brief description of plaintiffs injury, including nature and extent of injury (describe) $ TOTAL $ 0.00 CONTRACT CLAIMS (Attach additional sheets as necessary) Provide a detailed description of claim(s): See attached. TOTAL $ PLEASE IDENTIFY, BY CASE N MBER, N ME AND COUNTY, ANY RELATED ACTICN PENDING� THE SUPERIOR COURT DEPARTMENT ' " Thereby certify that I'ttave' pfled wit th-rrequirements of Rule 5 of the Supreme Judicial Court Uniform Rules on Dispute Resolution (SJC Rule 1:18) r q IruirU ing that I provide my clients with information about courf-connected dispute resolution services and discuss tN advantages and disadvantages of the various methods." Signature of Attorney of Record DATE: March 8, 2016 . r ROTO-6 mtc005-11/99 A.O.S.O 1-2000 C!V[L ACTION COVER SHEET INSTRUCTIONS SELECT CATEGORY THAT BEST DESCRIBES YOUR CASE CONTRACT REAL PROPERTY MISGELLANEOU5 A01 Services,labor and materials (F) C01 Land taking(eminent domain) (F) E02 Appeal from administrative (� A02 Goods sold and derive_red (F) CO2 'Zoning Appeal,G.L. c.40A (F) Agency G.L.c.30A A03 Commercial Paper P CO3 -Dispute concerning title (F) E03 Action against Commonwealth A08 Sale or lease cf real estate (F) C04 Foreclosure of mortgage (X) Municipality,G.L c.25B (A) A`12. Constmotion-Dispute (A). C05 Condominium flan and charges (X) EDS All Arbitration M A99 Other (Specify) (F) C99 Other (Specify) (1) E07 c.112,x.12S (Mary Moe) {X) TORT E08 Appointment of Receiver (X) B03 'Motor Vehicle riegGgence- E�TABLE REMEDIES E09 General contractor bond, personal injury/property damage (F) `D01 Specific performance of contract (A) G.L.c.149,s.29,292 - (A) 604 Other negligence-personal D02 Reach and Apply - (F) E11 Workman's Compensation {X) injury/property damage (F) D06 Contribution or Indemnification (F) E14 Chapter 123A Patition-SDP {X) B05 Products Liability (A) D07 Imposition of Trust (A) E15 Abuse Petition,G.L.c.209A (� B06 Malpractice-medical (A) D08 Minority Stockholder's Suit (A) E16 Auto Surcharge Appeal (X) B07 Malpractice-other(Specify) (A) D10 Accounting (A) E17 Civil Rights Act,G.L c.12,s. 111-1 -(A) BOB :Wrongful death, G.L.c.229•s2A(A) D12 Dissolution of Partnership (F� E18 Foreign Discovery proceeding . (X), B1.5 Defamation (Libel-Slander) (A) D13 Declaratory Judgment G.L.c.231A (A) E96 Prisoner Cases (F) B19 Asbestos (A) D99 - Other-(Specify) (F) E97 Prisoner Habeas Corpus (X) B20 Personal Injury-Slip&Fall (F) E99 Other(Specify) (X} B21 Environmental (A) B22 Employment Discrimination (F) B99 Other (Specify) (F) TRANSFER YOUR SELECTION TO THE FACE SHEET. EXAMPLE: CODE NO. TYPE OF ACTION (SPECIFY) TRACK IS THIS A JURY CASE? B03 Motor Vehicle Negligence-Personal Injury (F) ®Yes ❑ No -SUPERIOR COURT RULE 29 DUTY OF THE PLAINTIFF. The plaintiff or his/her counsel shall set forth,on the face sheet (or attach additional sheets as necessary), a statement specifying in full and itemized detail the facts upon which the plaintiff then relies as constituting money darnages. A copy of such civil action cover sheet, including the statement as to the damages, shall be served on the diefendant to with the complaint. If a statement of money damages,where appropriate is not filed, the Clerk-Magistrate shall transfer the action as provided in Rule 29(5)(C). DUTY OF THE DEFENDANT, Should the defendant believe the statement of damages filed by the plaintiff in any respect inadequate, he or his counsel may file with the answer a statement specifying in reasonable detail the potential damages which may result should the plaintiff prevail. Such statement, if any,shall be served with the answer, A CIVIL ACTION COVER SHEET MUST BE FILED WITH EACH COMP-LAINT, BUFF COLOR PAPER. FA[LURE-TO COMPLETE THIS COVER S[-tEET THOROUGHLY A� UR D.ACC _ATELY MAY RESULT IN DISMISSAL OF THIS ACTION. u CIVIL ACTION COVER SHEET A. TA"C]3MEn'T . Date: March 8, 2016 . Plaintiff: National Refrigeration,Inc: Defendant: Town of North.Andover acting by and through its Zoning Board of Appeals Descrirotion of Claims The Plaintiff appeals the.Notice Of Decision issued by the Zoning Board of Appeals for the Town of North Andover relative to certain plumbing perrmt fees assessed by the Building Department for the Town. of North Andover on a private construction project and seeks a declaratory juclgment, pursuant to-Mass. Gen. L. c. 231A, § 2, that the permit fees assessed by the Building Depar meat are not reasonably proportional to the costs expended by the Building Department in administering the permit process. 5317M4:CACSAVucbmset - COMMONWEALTH OF MASSACHUSETTS Essex, ss Superior Court Department of the Trial Court Civil Action No. 1677 CV 00332 } NATIONAL REFRIGERATION,INC., ) Plaintiff, ) } V. ) VERIFIED COMPLAINT TOWN OF NORTH ANDOVER acting by and ) through its ZONING BOARD OF APPEALS, ) Defendant. ) INTRODUCTION The Plaintiff appeals the Notice Of Decision issued by the Zoning Board of Appeals for the Town of North Andover relative to certain plumbing permit fees assessed by the Building Department for the Town of North Andover on a private construction project and seeks a declaratory judgment,pursuant to Mass. Gen. L. c. 231A, § 2,that the permit fees assessed by the Building Department are not reasonably proportional to the costs expended by the Building Department in administering the permit process. PARTIES 1. The Plaintiff, National Refrigeration, Inc. ("National Refrigeration"), is a Rhode Island corporation authorized to conduct business in the Commonwealth of Massachusetts with a principal place of business at 3600 West Shore Road, Warwick, Rhode Island. 2. The Defendant, Town of North Andover("Town") acting by and through its Zoning Board of Appeals ("Zoning Board of Appeals"), is a duly organized-body politic of the Commonwealth of Massachusetts located at 1600 Osgbod Street,. North Andover,Essex County,Massachusetts. JURISDICTION AN VENUE 3. Pursuant to Mass. Gen. L. c. 40A, § 17, the Superior Court has subject matter jurisdiction over this cause of action for judicial review of decisions issued by a zoning board of appeal. 4. Pursuant to Mass. Gen. L. c. 231A, § 2, the Superior Court has subject matter jurisdiction to hear controversies to determine 'the legality of administrative practices and procedures of any municipal agency or official,which are unlawful or recurring. 5. Pursuant to Mass. Gen.L. c. 40A, § 17, venue is properly placed in this Court as the subject land is situated in Essex County,Massachusetts. FACTS The Project 6. Upon information and belief,the Zoning Board of Appeals, approved a proposal of North Andover Holdings, LLC ("North Andover Holdings"), as owner, to develop and construct the site known as Berry Farms located at 16 Berry~ Street, North Andover, Massachusetts ("Project") into approximately 196 residential units spread tbroughout four(4)buildings and a Clubhouse building. 7. In furtherance of the Project, North Andover Holdings, as owner, entered into a generallpri_me contract ("Contract") with Pilot Construction, Inc. ("Pilot"), as general-contractor, pursuant.to which Pilot agreed to.furnish general contracting services in construction of the Project. - . 2 8. Upon information and belief, the value of Pilot's Contract is approximately $38,737,375.00. 9. On July 22; 2015, in furtherance of its Contract with North Andover Holdings, Pilot, as general contractor, and National Refrigeration, as subcontractor, entered into . a subcontract ("Plumbing Subcontract") pursuant to which National Refrigeration agreed to -furnish construction and construction related services for the plumbing work in construction of the Project. 10. The value of National Refrigeration's Plwnbing Subcontract is $2,140,000.00. The Plumbing Permit Process 11. National Refrigeration, as plumbing subcontractor, applied on five (5) separate occasions to the Building Department for the Town of North Andover ('Building Department") and obtained five (5) separate pe=its to perform the plumbing work at the Project as follows: Building Permit Date Amount 1 09/18/15 19,878.00 2 12/09/15 $18,013.00 3 11/03/15 514,527.00 4 12/09/15 $14,527.00 Clubhouse I 10/06/15 $1,162.00 Total Fees -- $58,107.00 12. The Building Department apparently calculated the $58,107.00 ($38,737,375.00 x 0.015 = $581,060.62 - 10 = $58,106.06) total plumbing permit fees based on the ' total. value of the generallprime Contract work performed by Pilot of $38,737,375,00 rather than the total value of the Plumbing Subcont'act work — performed by National Refrigeration of $2,140,000.00 {$2,140,400.00 x 0.015 — $32,100.00 10=$3 210.00)-i 13, On September 22, 2015, counsel for National Refrigeration, by letter to Gerald Brown("Mr. Brown"), Inspector of Buildings for the Building Department, advised that National Refrigeration had calculated the plumbing permit fees for far less than the total amount quoted by the Building Department and made inquiry as to the methodology in which the Building Department calculated the plumbing permit fees.. 14. On September 23, 2015, Mr. Brown, by way of electronic mail, replied to counsel for National Refrigeration advising the method for which the plumbing permit fees were calculated was based on the total value of the generaUprime Contract work ($38,737,375.00) performed by Pilot rather than the total value of the Plumbing Subcontract work($2,140,000.00)performed by National Refrigeration. 15. From September 18, 2015 through December 9, 2015, in order to comply with its Plumbing Subcontract obligations,National Refrigeration procured five (5) separate plumbing permits for the Proi ect and paid said permit fees under protest The Underlying Zoning Board of Appeal 16. On October 21, 2015, counsel for National Refrigeration, by telephone to Merylle C. Chase ("Ms. Chase"), Department Assistant for the Zoning Board of Appeals, advised of National Refrigeration`s intent to 'appeal. the reasonableness of the plumbing permit fees assessed by the Building Department to compensate the Town for its anticipated regulatory expense and requested the appropriate Zoning Board of Appeals form for which to submit said appeal. The formula for calculating the permit fees is 1/10th of 1.5%of the estimated cost of constrociiora_ .4 17. In response, Ms. Chase 'advised the Zoning Board of Appeals -did not have jurisdiction to hear- National Refrigeration's appeal and directed counsel for National Refrigeration to contact Eric Kfoury ("Mr. Kfoury"), 'Director of Community and Economic Development for the Town. 18. Thereafter on October 21, 2015, counsel for National Refrigeration, by telephone, spoke to Mr. Kfoury whom advised the Zoning Board of Appeals did not have jurisdiction to hear appeals concerning permit fees. 19. Subsequently on October 21, '2015, counsel -for National Refrigeration, by electronic mail to Mr. Kfoury, furnished case law in support of National. Refrigeration's position that the Zoning Board of Appeals had jurisdiction to hear an appeal brought by National Refrigeration. 20. On October 22, 2015, Mr. Kfoury, by telephone, contacted counsel for National Refrigeration after reviewing the case law provided by counsel for National Refrigeration a-ad again advised the-Zoning Board of Appeals did not have jurisdiction to hear an appeal brought by National Refrigeration. 21. On October 26, 2015, pursuant to Mass. Gen. L. c. 143, § 100, National Refrigeration filed an appeal with the Zoning Board of Appeals. 22. On October 27, '2015, pursuant to Mass. Gen. L. c. 143, § 100, National Refrigeration also filed an appeal with the State Building Code Appeals Board of the Board of Building Regulations and Standards for the Commonwealth of Massachusetts („BBR.S"). 23. On October 27, 2015, pursuant to Mass. Gen. L. c. 40, § 22l~, National Refrigeration also-filed an Appeal Of An Inspector's Decision with the Board of State Examiners' of Plumbers and Gas Fitters of the Division of Professional Licensure for the Commonwealth of Massachusetts ("Board of State Examiners"). 24. On November 4, 2015, counsel for the Board of State Examiners, by telephone to counsel for-National Refrigeration advised the Board.of State Examinefs did not have jurisdiction to hear appeals involving fees charged by local cities and towns for permits. 25. .On November*16, 2015, the BBRS returned Naiional Refrigeration's appeal 'form - and advised the BBRS did not have jurisdiction to hear the appeal. 26. On November 20, 2015, Ms. Chase of the Zoning Board of Appeals,by telephone, contacted counsel for National Refrigeration, advising that a hearing date before the Zoning Board of Appeals was scheduled and requested National. Refrigeration resubmit its appeal on a different form under a Finding request. 27. On December 17, 2015, counsel for National Refrigeration, submitted by hand- delivery an Application For- Finding Package to the Zoning Board of Appeals seeking a finding that the permit fees assessed by the Building Department are not r. reasonably proportional to the costs expended by the Building Department it administering the permit process, which Application For Finding Package was also date and time stamped, as received,by the Town Clerk on said date. The Zoning Board of Appeals Hearing and Decision '28. On January 12, 2016, a hearing on National Refrigeration's appeal was conducted before the Zoning Board of Appeals.. 29. Several weeks.after the hearing, the Zoning Board of Appeals issued a Notice Of Decision denying the appeal of National Refrigeration and upholding the decision of Mr. Brown, Inspector of Buildings for the Building Department. A true and accurate copy of the Notice Of Decision issued by the Zoning Board of Appeals is annexed hereto as Exhibit A. 30. The Notice Of Decision was received by the Town Clerk on January 26, 2016 at 4:42 p.m. See Exhibit A with January 26,2016 at 4:42 p.m. date and time stamp. 31. On February 18, 2016, the Notice Of Decision containing the Town Clerk's date and time stamp was delivered to counsel for National Refrigeration, which was twenty-three (23) days after receipt by the .Town Clerk. See Exhibit A with February 18, 2016 date. stamp of Shannon Law Associates, Inc., counsel for National Refrigeration. 32. On February 19, 2016, counsel for National Refrigeration, by letter sent by facsimile and first class mail to Albert P. Manzi, III ("Mr. Manzi"), Chairman for the Zoning Board of Appeals, notified Mr. Manzi of National Refrigeration's objection to the late service of the Notice Of Decision, which was delivered to counsel for National Refrigeration after.&twenty (20) day appeal period set forth within Mass. Gen. L. c. 40A, § 17 had expired, and furnished notice of National Refrigeration's intent to appeal the Notice Of Decision. 33. On February 19,2016, counsel for National Refrigeration simultaneously submitted a copy of the February 19,2016 facsimile letter to Mr. Manzi to the Town Clerk for time date and time stamping and by electronic mail to Ms. Chase of the Zoning Board of Appeals. 34. All conditions precedenttc the maintenance of this action have been performed_ COUNT ONE--APPEAL ORDECISION 35. National Refrigeration realleges the allegations contained M paragraphs 1 through. 34 above as if,fully set forth.herein. 36. The Massachusetts State Building Code authorizes municipalities to establish by approved rules a schedule of fees for building'permits and to require paymentof permit fees in accordance with said schedule. 37. Pursuant to Mass. Gen. L. c. 40, § 22F, a municipal board or officer is empowered to issue a permit and to fix."reasonable" fees for said permit. 38. The Notice Of Decision issued by the Zoning Board of Appeals exceeds the authority of the Zoning Board of Appeals because the Building Department calculated the $58,107.00 total plumbing permit fees based on the total value of the general/prime Contract work ($38,737,375.00) performed by Pilot zather than the total value of the Plumbing Subcontract work ($2,140,000.00) performed by National Refrigeration,. 39. The plumbing permit fees assessed by the Building Department are.not reasonably proportional to the costs expended by the Building Departmeht in administering the permit process for the Town. COUNT TWO--DECLARATORY JUDGMENT 40. National.Refrigeration reaJleges the allegations contained in paragraphs 1 through 39 above as if fully set forth herei9a. - 41. The Building Department quoted permit fees for construction of the plumbing work totaling$58,107.00. 42. The Building Department calculated the $58,107.00 total plumbing permit fees based on thetotal value of the general/prime Contract work ($38,737,375.00) performed by Pilot xather than the total value,of the Plumbing Subcontract work ($2,140,000.00)performed by'National Refrigeration. 43.. From September 18, 2015 through December 9, 2015, in order to comply with its Plumbir3g Subcontract obligations,National Refrigeration procured five (5) separate plumbing permits for the Project and paid said permit fees under protest. . 44. The total plumbing permit fees assessed by the Building Department are not reasonably proportional to the costs expended by the Building Department in administering the permit process. 45. An actual controversy exists between National Refrigeration, as plumbing subcontractor, and the Torun, as municipality, as to the reasonableness of the plumbing permit fees assessed by the Building Department to compensate the Towm for its anticipated regulatory expense, WHEREFORE,the Plaintiff National Refrigeration, Inc. demandsjudgment in its favor as follows: a. As to Count One, annul the Notice Of Decision issued by the Zoning Board of Appeals for the Town of North Andover; b. As to Count Two, enter judgment,pursuant to Mass. Gen. L. c. 231A, § 2, declaring the plumbing permit fees assessed by the Building Department for the Town of North Andover are not reasonably proportional to the costs expended by the Town of North Andover in administering the permit process; 9. C. As to Count.Two, enter judgment,pursuant to Mass. Gen. L. c_231A, § 2, declaring that the Notice of Decision exceeded the authority of the.Zoaaing Board of Appeals for the Town of North Andover d. As to Count Two, enter judgment,pursuant to Mass. Gen. L_ c.231A, §2, declaring that the plumbing permit fees assessed by the Town of North Andover cannot be based on the total cost of constriction but must be calculated based on the actual or reasonable-estimated expenses actually incurred by the Town of North Andover.' administering the plumbing permit process or based on the cost of the work being performed pursuant to the permit being issued,- C' ssued;e. As to Count Two, enter judgment, pursuant to Mass. Gen. L. c. 231A, § 2, declaring that the .Zoning Board of Appeals for the Town of North Andover has jurisdiction to hear appeals concerning the calculation and assessment of plumbing permit fees; and/or f. Such other relief as this Court deems just and proper. 10 - Signed under the pains and penalties of perjury this .* (? day of March,2016.: _ teven Shane Smith: Counsel for National Refrigeration,Inc. NATIO aF TION, INC. By its ttomeys, Date: U ic)lq I T Francis . Sh ! 'rr, III,Esq. BBO # 560651 fa-sharnoTl@sha-n-nr)-nlawaqqc)ciates.com Steven Shane Smith,Esq. BBO # 630713 sssn2ith@shaimonlawassociates.com Shannon Law.Associates,Inc. 300 Crown Colony Drive, Suite 504 Quincy,MA 02169 (617)479-1313 5317:004:complaint .'EXHIBIT . A I Town of NoA Andove>: ZONING BOARD OP APPFAT S f Albert P,NIRr:din,tsquire,Chalrman' Yh IVE Ellen P,h1rcTngre,Yice-Chrur D.Paul Koelr Jr.,Esqulre 04 tyORrry .D llr � FR�{�J Qi(F'jC;[ DongLuEon Aa� 6�`M�Fe :6rayaL ryry tr { IIaaCuscla F .* p L�IO'J� ��D •� �r �� ASS ociatc Members Town Cicrl[Time Stamp Dene3,70w anlhai x o Ngtbmi Wel-velct TOWN 11ur F Alexandria A.Jacobs,Esquire 6Q]t: H 11O ISE R liflUJ�l I QJ Any appeal-shaltbe fled,�vithia(20) days atter the date of filing 04h notice in the office of the Town Clerk, per Mass.Gen„L.dh_40A,§17 NA'l OVAL RMRM GERAITON INC, ) AGGREIM.PARTY ) V ) NORTH AND0'9ER BIIILBIlW'G INSPECTOR } CCER s FEB 18 2016 NOTid-BODEOMON SHANNON LAVI ASSUVRt,G.,;':". ]°ETMON 20157010 I NaRODUCTION: U&North.Andover Zonisb Board of App� held a•pablic heazimg at School Ad uij.is raton Building, at 566 Main Sheet;2loAh_"a07ez,kk on Tuegday,..Janiierxy 12,M6.at'7,30 PM'on The appli-c. on. of Sllmnm Law Associates on behalff of I�a;t OR4 Refrigeration, Inc. fol: mxoper y located at 15 Berzy Street(Mai)106.D hirce1003Z.,1�T-,or(h Aandover,M 01845,' The Petitioner m rcgacstlzzg' a Finding(s) to•appeal flit determination r aade by Noah Andover Bulking Inspectoz also kn-ozl as the ZomngEnforcernent 0fEicez a-ad the Teasonableness of the plpn b g pamlit fees assesses by the Building Inspector to .eaxnpe lsate the Town of North Andover for its anticipated zeglilatory expeue, II. FROCEDUitAL HISTOkY: Legal notices weze sent to all lie certified abutters.prottle-d by the.Town of North Andover, Assessor's office,and were'pvblished.in the Eagle-Tzdune,a gewrs aper of general c4cnl4tiozn lathe TQWIl of North ndoyeT, on 12[2k6f0 and 01/05/2016. The applicaElon:filed X02 . separate regaests for hearuig. The fust znfoznal application was datecl on or about Octgber 26, 2015 aad was cozx#inued by the request of fhe Applj caxx"o the 7anuaty 12,2016 Meetvag.The 2 appli ion'7m-dated,and pr Lis}�ed as f oted herein.-Boih applicatibxis wez e heard canctzrrezlt p att6 January 12,201muting. Tb-on of Not&And over zbN• G BOARD OF APPEALS A.l*t P.hlnna nr,Esquire,Chnirninn Mica P,Mdrtt,re,We-Chair D.Pnul Koch Jr,,Esquire F.NaRTH I Doug Ludgin 'o!�fy °`drag D Allan Clcscia Assoc[ate isiembe�•s � •��' " '� ' Deacydfo onnthal '�_-a ,?'r Tp<Kr Nalhan Wdarelch Alexandria A.Jacobs;Esquire �'3' CHus�� III.BACKGROUND: 16 Bercy•Street(Map 106.DTarcel 0032),Norah Andover,MA. 01845.Petitioners,Shannon Law Associates on behalf of National Refdgeiation,Inc.is recpaesting.a Fiud-iug(a)to appeal the dotermination made by I&Broym and the reasonableness of the plumbing permit fees assessed by the Building Department. IV.EVIDENCE SUBMITED: The Board-takes note of the oral arguments presemted at the public hearing by Attorney Shannon and the documentary evidence thereto for consideration as listed herein and ineolporated by reference herein and takes notice of Massachusetts General Law'and applicable legal authorities thereto. The Building Inspector was not present at the meeting. Town.IVlauager Andrew Maylor was present at the, hearng and requested to be heard which Wvas allowdd by the Chairman. Mr. Maylor offered oral tastimony suggesting that he did not believe the Zoning Board of Appeals was the proper venue for the petition and that the noted Board of Appeal as presented by Attorney Shannon was distinct fi:om the North Andover Zoning Board o£Appeals. \ xocecltu al}y,the petltign submit#ed by Attorney Sbannowwas filed with the Town.outside-of the noted thirty(30)day fling requitement. List of Dodummts Subbitted: Exhibit A—September 22,2015 Letter from Shannon LawAssoo.to NI%Gerald Brown, Ekhibit B—Sept6mb&23,2015 etr a lfrom.Mr.B' ' to Shaanon Law.Assoc.,Town of Noah Andover Building Permit fees,Town of-North Andover Plumbing Permit Fees, North Andover Fee Calculation,Berry Street Project Phtrmbing Permit Fees September 17,2015,October 26,2015 Letter from nannon Law Assoc.to To-vtn of Nora_Andover ZBA, Octobei27,,2015 latter tom Sharazioa Law Assoc,to 130�.d of Appeals babtiUea application to Corarrioncealtli of MA Department of Public Safety. o December 17,2015 Tovwa'ofNorthAndover ZBA application aucl dagi ngntaioir for a Finding. January 11,2616 email R,oan`Thomas Urbelis to Merylle Chase:Re;Natiopal Refrigeration Legal Notice P;TiTrON:2015-019 Ngo 2 of 6 Town nMpgh"laver ZONING BOARD OF APPEALS lubcrf P,Mamd Ill,Esquire,Chairman Ellen P.Mclutyre,viice-Chair µoRTk D.Paul Koch Jr.,Esquire F � Dog Ludgiu �?,+2"` Altan Coscia � � ' Associate hicmhus DencyhloroanfhaiA�� , tr�,.4' Nathan WeInreich y TITRA hT�` J AlexanMa A.Jacobs,Esquuc RSSAcxzusE� October 26,20 L5 Letter from Shannon Law•-to Tovm of North Andover Zoning Board ofApp eals. o January 12,2016 Exbibit l submitted at ZBA meeting by Attoiftey S�awion regarding Permit Fee Calclllat%orr_ LexisNe�ds—Annotated Laws of Massachusetts-Part I Administration of Govemmelit Title XX Public Safety and Good Order-Chapter 1..43 Ibspcction and Regulation of,and Licenses for,Buildings,Elevators and Cinematograpbs§100. State Building Code— Building Code Appeals Board: LexisNa)ds—James M.Knott Sr.vs.Town of Northbridge,State of Massachusetts, APpe4ate Drvision,•W stem District,2005 Mass. pp Div. 135;.20059ass.App,Dn7- IMS°46,November 42,;2005;b6c'ided. Novomber 16,2015,Letter fry the.Commonwealth o Massacliusetts,Deparmaeat of Public Safety,Board of Bbilding Regulations and Standards to Fraiicis Sbatlnon,Ill,Esq. Copy of National Refrigeration Check 41086 Copy of Town.of North Aadover Plumbing Permit#11363 ® Copy of Massacbusei is_Unifoiti Application for a Perlx i t to Pu fkan Plum a Work. Por Buildings 1,2,33;•4&Club House,. I Abutter's list December 15,2015 Letter ofAuthorityfor National Refrigeration o Quitclaim Deed- 'V. eedV. -FINDIN(3S: On or about Septcmbq 18,2015 National Refrigeradon,.Innc• ("National")was ilzformed that $58,107 was the alno•Llnt due for the plumbing permit fees fol:the.project at 16 Eeay Street. On September 22,203.5,the offrce'of Attorney Francis A.ShanaoulU,on behalf of National,by way of a letter to the Building Inspector made-the inquiry advikng thatNational had caLcuiated . the"16mimum Fee"based on the type of construction and awnber of units as well as the fee based on'iUe cost ofpl=Wng copst dption per the Town's publ hed Pl,u nbing Perna Fees, effective as of July 1,2002 and calculated the plumbing pcm*fees fat less fl=the aforesaid fees quoted On September 23;-201:5,-Iva;Brown;by way of electronic maiY,'zeplied advising fihe inathod for which the plumbing peadt fees were calculated,Wbic-E confrIm th plunabinpermit fees are based on the total cost of the Project($38;73 7,375.00), Subcontract cost performed by National.'(tZ;-140,006_06), On.October 26,2015 Attomey Sliarinoa wrote to the Zopi g Board of Appeals stating:.. "Accordingly,Natio t heroby appeals the detemsinatiaa made 3 y Mz.Brown FETRTO1S2bL5 OIO 'Pase3 o£6 t _r�� Town.of Nozdh Andover ZONING BOARD OF APPEALS Albcrt r.illpnh M,Fsquirc,Chairman Ellen P.RItIntyre,Vlce-Chair . • ' ,. D.Poul Koeb Jr.,Esquire t tioRrN 1 DongLudgin Ar13a Cesdk O F Associate ll3embcrs x '� Denc Talo ❑ilial Nuthaa wrinrelcb "n,r„ "` Aleaaadzia A.Jacobs,Esquire. 9SsAC:f4 and the reasonableness of the plumbing permit fees assessed by the Building Department tocomppasat,-the Town for its anticipatedregulatoryexpe ssc% Please docket the aforesaid appeal and advise the undersigned of the docket n-amber and hearing date" According to National's application(footnote 1): "On-October 27,2015,National MHgeratioa simultaneous fo this appeal,filed an.application for appeal Mth the State Buildirlg Code Appeals Board. On November 16,2015,th6 State Buildiul Code Appeals Board retained National Refiigeration's a,ppilicatioufor appeal advising the State Build'in .S Code,A,ppeal$ Board does not havejurisdiction.to bear displrtes concerning pj*orbtbiligperrtiit fees assessed by fine ToWn of Noitli.Andover.” National also describes its appeal as a Request for Fia*g by stating: "Accordingly,Natiolaal tefrigembon hereby appeals the determinadon made by I fr.Brown and requests a Finding that the plumbingpermit fees charged to National ReEgeiaiion are excessive in relation to the BmIding Department's . regulatory espense's." National has not preseated any emdeam that its appeal was fited'with the Office of the Town Clerk Analysis Apparently,National is iavokiag M.G,L.ch.40A, §8 as jurisdiction for this Board to bear its appeal. Pursuant to M G:L.ch.40A,§$,an appeat to the Zoning Board of Appeals may be taken by any person"aggrieved by an order.or decision of fbe iz�speetor of buildings..." MG.L.ch.40A,§IS states inpart "Aar7 agpeal,mder se boa eight to a permit granting authority shall bg taken Yith—tn. filing days from the date of the order or decision which is being appealeci The petitioner shall file a notice of appeal snecifying_tue oourids tbtereof,with the g: or totivrt cle' and a'copy of said.notice,iiioln:diiig date aiiid•tu of idling certified by 1h6 totivn clerl sbaU be•fxleclfortbtwithby tl7edaetciioFte> writhe officer or bo4a Rose:` or der s>on is being appealed,and to the gel grammg autbtority,specifying in the notice grormds for such,appeal-'Sueli officer or board.shall forth lith-1iWmit to the board o£appeals or zoning adzninisUaior all docummts aild papers constituting the record of the casein whichthe gToal is taken."(emphasis supplied) . ' PEiirI01�2Q[5-OI6 Pajo4 nFfi�f Tol noCNorth Andover zoN]Nii BOARD OP APPEALS AlbcrtP,i,Innd III,Esquire,Chalrmwi Ellen P..Mclwyre,Vice-Chair D.NO loch Jr,,Esquire t NoRTy Doug Lud n r, Ts Alba Cuscin F a � Assoeisle Members Deney fl;orpnnllm) Na(hnn Weinreic5 :Alexandria A.Jac*,Esquire �sSxCH13 1. UW9 with the Town Clerk In deciding a e 0 s e under§16 of.£omer M.G.L. Chapter 40A,the Court stated in Greeg1ey v. Zoning Board of Appeals of Frarnin�_bam •350 Mass. 549(1566):. "Tile procedure for obtaining review under§16 is plain and uanaritbiguaus. `A.ny appeal under section thirteen shalt be taken yvitbi-a thirty days...by filling a notice of appeal.,.with the city or row etetV(emphasis supplied).•The#kg of an appeal with someone other than the official designated by tbe.Sfati tte is not art. effective fi- g aild'does not eonfer jurisdiction. Seo Kravits y..Drrect&of the Div, ofEtnployfnW Security,326 Mass.419, 421-422; FstQ v.Director of the tV-'ofE7np10ym6ntSeeurtty,338 Mass, 797. National has not presented evidence that its appeal of MT..Bro Am'S detegn.ivatioa was filed with the Town Clerk at any time,much less within the 30 days($om Septembex 23, 20 15)requiJ;edby law. 2. Witbin 3� 0.dans By September 18,National yeas aware.of the amount of the filing fee. Qn September 23,2015 the Building 7zlspector ccinfumeci y elect gnia-nail,the amOlInt Of the ding fee, T-lis purported"appeal"vias daia-&tober'26;2015,which is beyond the mandated 30 days as stated in GL. ch.404 §15. It is well established that filing the"appeal"beyond 30 days deprives this Boaxd of julisdictxon to matte a decision on the merits•oftlte appal;. See Gallivan v,ZbAiag Bbaid of A ealg of Wellesley,71 Mass.App:Ct. 850,857.(2608}; Connorsy.Annino 460 Mass.790 (201.1.);Miles- Matthias v.Zoning Board of Appeals d*8eekonlc, 84U4ss.App.C`t,778'(2014) Accordingly,this Board does not Have judsdzctxon to decide National's appeal 61Lthe Building inspector's decision. After deliberations, the Board of Appeals datertr>ined to find in favor of the North AAdover Building Inspector upholding the Building Inspector's decision as to plumbing fees. The following regular voting members were preseazt: Albert P.Manzi.III,Ellen F.Mclntyre,D. Paul Koch-Tr,Doug Ludgin and Allan Cuscia. • Pao 5 of 6 PFsTIrION;20f5 O1D Toivu of Notts A ndovtc ZONING BDARD OF APPEALS ruberf P.Manzi III,Esquire,Chairman Ellen P.1<iciotpre,l'lce=CUsh' �oRrH D.Pall Koch Jr.,Esquire V. q bougLudglu = O^j`L4P 46 eM�L AAcu Cuscla F s Associate Membus Dency Nlorglintlwl Nathan Welnrcich �� PnnT.c rr"Ky AIcx-,adda A.Jacobs,Esqutra Ssq�µ�skK' The following Associate members were pre bit Deiaey Morganthal,Alexandria Jacobs and Nathan Weiareich. . D. Paul Koch made a paoti.on to'UP4014 the)nspeetor of Buildings Inspeptj''s decision.dated September 23,2015,and to thereby DENY the z equbsted Eliadi_ug of the patty aggrieved National Refiageration Inc.Allan Cuscia seconded the Motion. Voting in favor of the motion to uphold the Building Inspector's decision as to plumbing fees anato thereby DENY the-requested finding of National kefriger4tioji bac:Albert P.Manzi III, Ellen P.Molatgre,D,PaulI�och Jr,DoW,Ludgin and Allan Cuscia, NORTH ANDOVER ZONINCr BOARD OF APPEALS So Ordered, N ..'th* iiciover i ii g B. arc of App eals Ott P. Manzi I[I, sgt ize>- zausnau E11eti P.McSnfyie,' D.PaulKochJr,,Esquire Allan Cuscia Doug Ludgin. Decision 2015-010 (Finding) Page 6 of 6 PB�IION:2Di5-�l0 - , COMMONWEALTHOF MASSACHUSETTS Essex, ss Superior Court Department of the Trial Court Civil Action No. ' '€ NATIONAL REFRIGERATION,INC., } Plaintiff, ) V. ) TOWN OF NORTH ANDOVER acting by and ) through its ZONING BOARD OF APPEALS, - .) Defendant. ) 'PLAINTEFF'S CORPORATEDZSCLOSTJ STATEMENT Pursuant to Supreme Judicial Court Rule 1:21(b)(ii), the Plaintiff National Refrigeration, Inc. (`National Refrigeration") states that it has no parent corporation and that no publicly held company owns ten percent (10%) or more of National Refrigeration`s stock. NATIDMAT�ORATION,INC. By its att r eys Date: t Francis A. on,III,Esq. BBO# 560651 fashannon@shannonlawassocrates.com Steven Shane Smith,Esq. BBO# 630713 sssmith@shannonlawassociates.com Shannon Law Associates,Tnc. 300 Crown Colony Drive,Suite 504 Quincy;MA 02169 _ (617)479-1313 -5317:004:oorp disclosure DocKETNUMBER Trial Court of Massachusetts CIVIL TRACKING ORDER (STANDING ORDER 1-88) 1677CV00332 The Superior Court t cASE•NAME. Thomas H.Driscoll,Jr., Clerk of Courts National Refdgeration, Inc.vs.Town of North Andover To: Francis A Shannon, III, ESC}. COURT NAME&ADDRESS Shannon Law Associates, Inc. Essex County Supedor Court-Salem 3d0 Crown Colony Drive J.Michael Ruane Judicial Center 56 Federal Street Suite 504- Salem, MA 01970 Quincy, MA 02169-0904 TRACKING ORDER-F -Fast Track You are hereby notified that this case is on the track referenced above as per Superior Court Standing Order 1-88. The order requires that the various stages of litigation described below must be completed not later than the deadlines indicated. STAGES OF LITIGATION DEADLINE SERVED BY FILED BY HEARD BY Service of process made and return filed with the Court 1 t F TIE 06/06/2016Mai X1 _10 Response to the complaint filed (also see MRCP 12) s „ f 07/06/2016 All motions under MRCP 12, 19, and 20 07/06/2016 08/05/2016 -09/06/2016 All motions under MRCP 15 07/06/2016 08/05/2016 09/06/2016 All discovery requests and depositions served and non-expert ` $ despositions completed 01/02/201712 All motions under MRCP 56 02/01/2017 03/03/2017 # 154. Final pre-trial conference held and/or firm trial date set 111/03/2017 Case shall be resolved and judgment � r -�x , Y � 4 a m '0 310 8/2 0 1 8 shall issue b The final pre-trial deadline is not the scheduled date of the conference.You will be notiried of that date at a later time. Counsel for plaintiff must serve this tracking order on defendant before the deadline for Fling return of service. This case is assigned to SALEM SUPERIOR COURT DATE ISSUED ASSISTANT CLERK PHONE 03108!2016 Carlotta Patten (978)625-4800 � J Da�Mima Printed:0"8-20161320:22 .r SOV112M 11=14 L Y PLANNING LAW REQUIREMENTS IN SPECIAL PERMIT AND VARIANCE DECISIONS § 10.07[F] itions up to seven of the city or town clerk."' The purpose of this filing is to limit the period in which appeals may be taken."' to modify a condi Mass. Gen. L. ch. 40A, § 11 requires the granting authorities to file a copy >ard of Appeals,of of the decision and all plans referred to in the decision with the planning board Ms.130 In 1976,the of the city or town."' ontained in a 1973 The filing of the decision constitutes "final action" as that term is used in 13 Mass: Gen. L. ch. 40A, § 9. Unless the decision is filed within 90 days after the ►stantive modifica- ,public hearing,137 the application for a special permit shall be deemed construc- antive amendment Lively granted."' In a variance proceeding, the filing requirement is less rigid. which grants relief Mass. Gen. L. ch. 40A, § 15 merely requires the board of appeals to render a the relevant notice decision and "to act" within 100 days after the filing of the application; there is no parallel requirement for "final action" within the time limit.1' )e of modification: r Df other interested pered by a require- {F] Providing a Copy or Notice of the Decision able procedur`es.133 Mass. Gen. L. ch. 40A, § 11 states that"upon the granting of a variance or special permit, or any extension, modification, or renewal thereof" the granting authority-shall issue a certified copy of its decision to the owner and to the appli- cant, if other than the owner.i40 The statute is silent as to the means and timing days in the office of this,step. In.the event of a denial, the statute does not require the board to provide a copy of the decision to the owner(or applicant other than the owner).Many boards do so as,a courtesy. � Mass. Gen.L. ch. 40A, §§9 and 15 require provision of notice of the deci- !so Tenneco Oil Co.v. sion ".forthwith" to: t . the petitioner, applicant, or appellant;14' Appeals of Mansfield, t1 . par ies•m interest as defined in s authorized by a vagi everyperson present at the hearing who requested that notice be sent to him )' and stated the address to which such notice was to be sent. Building Inspector of zoning board possesses -' ing variance.".Id. The ""The information thereafter becomes a public record. s point.Id.at 714 n.4. 15 Building-Inspector of Attleboro v.Attleboro Landfill, 384 Mass. 109, 111 (1981). when confronted with i36 Failure to file this copy is not fatal error,unless prejudice is demonstrated.Burwick v.Zoning is Cassani v.Planning t ? Bd.of Appeals of Worcester, 1 Mass.App.Ct.739,744-745(1974). much confusion in the `' "'See §10.07[A]. 3 to modify their own 1e See§10.08[A]. iples of administrative a39 Mass.Gen.L.ch.40A,§ 15 does require,as does§9,that filing of the decision occur within of required-plan under t1l 14 days.See§.;10.08[11]. ppeals of Lincoln, 33 190 The certification shall be made by the granting authority,not the city or town clerk. Mass. iee to modify a special r Gen.L.ch.40A; §11. Lal special permit was '4'This may include the owner of the land where he or she is not the petitioner,See Cappuccio Y.Board,of Appeals of Spencer,398 Mass.304,308(1986)('We understand the term`petitioner' under§ 11 to include the property owner of the land affected by the action of the board."). k 315 t�fr Feb. 19. 2016 4:22PM No. 0940 P. 1 s]hlailn info nl ]Latmv As, sa c.i.atles, I nl(ceron i a u February 19,2016 By facsimile(1-978-688-9542) (8 pages) and regular mail Albert P. Manzi,Ill,Esq. Chairman Zoning Board of Appeals Division of Community and Economic Development Town of North Andover 1600 Osgood Street, Suite 2035 North Andover,MA 01845 RE: Notice of Objection To Late Service of Notice of Decision and Notice of Petitioner's Intent To Appeal Decision of Zoning Board of Appeals Petitioner: National Refrigeration,Inc. Owner: North Andover Holdings, LLC Petition No.: 2015-010 Pro el 16 Berry Street North Andover Massachusetts Dear Mr.Manzi: As you may recall, this office represents the Petitioner,National Refrigeration, Inc. ("National Refrigeration")relative t6 the above-referenced petition filed before the North Andover Zoning Board of Appeals. This acknowledges receipt of your Notice Of Decision signed and issued on behalf of the Zoning Board of Appeals,which was received by the Clerk's Offxce'for the Town of North Andover("Town")on January 26, 2016. A copy of the Notice Of Decision with the date stamp by the Town Clerk is enclosed herewith. As you are aware,Mass. Gen.L. c. 40A, § 17 requires any person aggrieved by a decision of the Zoning Board of Appeals to appeal within twenty(20)days of filing the Notice Of Decision with the Town Clerk. Be advised, counsel for National Refrigeration was served with the Notice Of Decision on February 18, 2016, or twenty-three(23)days after receipt by the Town Clerk, which is beyond the appeal period_ Accordingly, National Refrigeration hereby furnishes notice of its objection to the untimely service of the Notice Of Decision upon National Refrigeration and hereby furnishes notice of its intent to appeal said Notice Of Decision issued by the Zoning Board of Appeals. This facsimile transmission and the accompanying documents contain legally privileged And confidential Information. The information is intended only for the use of the recipient(s)named herein. If you are not an intended recipient,you are her6by notified tha"t any.disclosure,copying, distribution or exploitation of,or the taking of any action in reliance ou,the contents of this'facsi NNe is strictly prohibited. if you havo received this facsimile in error,please notit'y us itiunediately by tale hone to arrange for return of the original dochinOW at our expense. 300 Crown Colony Dirtve, Suite 504 0 0xxiuncyr, Massachusetts o2169 • (6q)479-i3x3 0 Fax: (617)479-R253 Feb, 19. 2016 4: 22PM ; . No, 0940 P. 2 Albeij P.Manzi, III, Esq. Chairman Zoning Board of Appeals Division of Community and Economic Development Town of North Andover February 19,2016 Page 2 /Very truly yours, >t� SI,.O,l,,� __Z�, Francis A: Shannon, III FAS/ms enclosure cc: Mr. Jack F.King, Jr.,National Refrigeration, Inc. (by email only) Ms. Joyce Bradshaw,Town Clerk for Town of North Andover Ms.Merylle C. Chase, Zoning Board of Appeals (by email only) 5317:004:02-19hrFAS•ZBA Feb. 19. 2016 . 4:22NM Ift 0940 f'. 3 't'oW of NaCW Andover 2014NG' BOARD OF AP11BAIS AMerl 11.Mani llusqulre,Chalmim RF C UC 17Qen P.A9cLdyre,Vice-clmh, %40 'tit TQt?l CLER VS OF( 'I0F. V.Paul ICacb Jr.,Csanlrc 0f�"'. ,"q�O DougLuagln Allan Cuscla 2.016'JAN 26 PM 41'42 .Acsoctale Alcmbers * TaiYu OdATlna Slamp heneylTarg'anthnt '� b� .«;a' , • 7n1r�i�l()F Nathan Wdrirdelt �'� ^�H all -0 e� k-6i NDQvr Alcxnndclst A.f acobs,gsgwro ('IHti l l� tti'ig Any appal shall be filed Ivithin(20) days ager the date of filing okthi9 notice In the office of the Tdxva Clerk , per Mess,Gen.L.A 40A,§17 NATIONAL RERMGEf RATION INC. ) AGGRE,R A PARTY ) V ) NORTH AND OVER BUMDI NG INSPE,CTOR ) RECI'Ir FEB 18 2016 N60IcE Or Deism SHANNON LAW ASSOC9NR J%e. KUI'iION 2015-010 I 1NMODUCTION: Tbp-North Andover Zotung]Board of-Appeals held a.public•headng at SAhool Adtninisttation . Btyilding,at 566 Main Street,North Andover,MA on Tuesday,_January 12,2016 at 7:30 PM on the applieAtton of Shannon Lav As99ciRtes on behalf of X4.06UA 14f'rigeration,.Tue. for property Ioeated at 1.6 Berry$6,eet(Mar 106.D Parce]0032),Nor(k Andover,MA 01845. The Petitionex is requesting a Finding(s) to appeal the deteiinination made by Notth Andover Building InspAotox also know 1.as the Zoning;Enforcement Officer anal the reasonableness of the plulAbing permit fees assesses by the i3pilding Inspector to eomp®psate the Town of North Andover forits ando, aced l:44atoiy eacpense. U. PR.00RDVF—L.HISTORY! Legal notices were sent to all*6 cerifified abutters provided by the Town of North Andover, Assessor's Office,and w4,e jp i�4shed bn the eagle-Tribune,a newspaper of pneral.6wo'l4ation in the Towno NotrthAndover,Qui 12/29%2p15 ai4 01/05/2016..T4i gpplicatioa:filed two 2 Separate reatuests for hearing. Tie dist infoirnal applitation was'd0ted on or.about October 26, 2015:and was continued by the;kggWt of the Appli_oant to tho,laniary b"tol6 Meeting.The 2"a application was dated,Ani published.zi hbted herein,']Both aliplicatidrtsvvete heard conew:ready at the January 12,2016 treating, Feb. 19. 2016 4: 23PM . • • No. 0940 P. 4 . Tome of North Andover ZONING BOARD OF APPALS Albert P.hlnp31 M,6spirc,Cheh•wgq Rlleu P.Whilyre,Vkc-Chelr P.rnUl Koch Jr.,Gsanlro of as orp�� Daug Ludgln 'p i�_ ti_•. o0 Allnn Cubdx ti 4 �a Assaclale hiewbers Miley Morgnnlhnl '��: ..4p I,, Nathan lVelnrelcb Alexand-ria A Jncobe,L7equirc 4SSACHu5, IM BACKGROUND: 16 Berry Street(Map 106.1)Parce10032),North Andover,MA.,01845 Petitioney ,Shamola . Law Associates on behalf of Not Refrigeration,Inc.is requesting a Findings)to appeal the determination made by 1V -,Brown and the reasonableness of the plumbing permit fees assessed by the Building Department. IV.EVIDENCE SUBMIITZD. The Board fakes note of the oral arguments presented at the public hearing by Attorney Shannon W the documentary evidence thereto for consideration as listed herein and ineorporoted by reference herein and takes notice of Massachusetts General L•aW and applicable legal authorities thereto. The Building Inspector was not present at the meeting. Town,Manager Andrew Maylor was preseiat at the heulag and requested to bo heard which was allowed by the Chairman. Mr. Maylor offered oral testimony suggesting that he did 'not believe the Zoning Board of Appeals was the proper venue for the petition and that the noted Board of Appeal as presented by Attorney Shannon was distinct fzom the North Andover Zoning Boud of A�paals, Frodedurally,the peOft submitted by Attodiey Shannon was filed with the Town outside of the noted thirty(30)day Mingrequitemeut. List of Documents Submitted: • ExhibitA.—September l2,2015 Letter from Shannon Law Assoc.to NIL. Gerald Brown, • Exhibit B—Sepktnbot 23,2015 eindil fiom Mr.Biow'n tb Shannon Law Assoc.,Town of North Andover Building Permit fees,Town of•Noilh Andover Plumbing Permit Fees, North Andover Fee Calculation,Belay Street Project P]tip bing permit Fees September 17,2015,October 26,2015 Utter from Shannon Law.Assoc.to Tovin 6f North Andover ZBA, • October 27,2015 letter from Sh&i bon Law Assoo.to)3oar4 of Appeals i Itl>-tded application to Commonwealth of MA..Depal,�tment of Publlo Safety. - .0 becember 17,2015 tov p of North Andover ZBA application and,documentafion For a. k}nding. .• raauatq11,2016 email from Thomas Urbelis to Merylle Chase:Re;National nal • Legal Notice • Pop 2of6 PBililoN:2015-01b Feb. 19. 2016 4. 23PM No, 0940 P. 5 'down of Nped►Andovee ZONrNGY30ARD OFAP1'MS \l4erl P.AtnnzP III,Gsqulrc,Chalnunn Plleu P.AleLilyre,l4cc-Ghali U.PaulKocliI%,Esqulro of ��ru7M 11 bDug Wgln 3r'E,-41 Allan Cusela o p I AS9o4a1cA1Cmh�re �YQ �* Nnlhau�Vcinrelch �'yss4H� Alexandria A,Jacoba,Esquire • October 26,200 Letter from Shannon Law--to Town of North Andover Zoning Board of Appeals. • January.12,2016 Fxhiblt I subinitted at ZBA meeting i y Attoihey Shannoil regarding Permit Pee Calculation.. • LexisNWs—Annotated Lavas of Massachusetts-Fart I Administagtion of Government Title XX Public Safety and Good Order—Chapter 143 Inspection and Ragiiiation of,and Licenses for,Building%Elevators and Cinematogmphs§100.State Building Code— Building Code Appeals Board, LexisNexis—James X KlAott,Sr.Vs.Tewn bfNorthbridge,State of Massachusetts, A.ppellatoDivision;WestemDistilet,2005 Mass.AppDiv. IJS;,200SMass.App,Dh LIW946,November 0i 2 05;Decided. • November 16,2015,L ,for from"Commonwealth of MossiicWsetts,Depaitinent of Public Safety,Bderd 6f Hilildiug 1ZegulaCions and Standards to Francis Shannon,Ill,Esq • Copy of National Refrigeration Check 41086 • Copy of Town ofNorth Andover klumbiiag Permit#11363 • Copy of IVlassabhitse{ts C7niforrri Application for;a Permit to P6rfbtm plumbing Work. For Buildings 1,233,4&0.16 Douse,, • Abutter's list - • December 15,2015 better ofAuthorltyfor National Refrigeration • QultcWM Deed. V. FINDINGS: On or about September 18,2015 National 1�efiigeration,Inc.("National")was infonned that $58,107 was the amount due for the Awnbingpermit fees for the.projeot at 16 Berry Street, On September 22,20150 the omdo of Attoiddy,Francis A. Shannon III,on behalf of MationA,by wpy of a letter to the Building Ynspecror inade the inquiry advising that MA6nal had calculated the``MinimumFee"based on.the type of constm6tion and number of units as well as the fee based on tlb®cost of plumbing constnAction per the Town's published.Plumbing;Permit Fees, effective as of July 1,2002 aad calculated the plumbing permit fees fax less than the aforesaid feed quoted, On September 23,2015,lvtr,gown,by way of electronic mail,'replkd.advisipg the method for which the plumbing Ri rmit fess weto calculated,'which confirms tho phthAiA peiiriit fees are based on the total cost of die Project($3.8;737,375,00),rather thaulih6 pj6bing Subcontract cost Performed by National.0;1g0,00b.0U), . On October 26,2015 Attorney Sliabnonwrgteto the Zoning Board of Appeals stating:. "Accordingly,Natiowl hereby appeals the determination.grade by W.Brown Peaa 3 off JSE1TTlON ROIS.OIo reb. 19. 1016 4. 24VYI No. U94U �, 6 Town arNatlh Andover ZONING BOARD O) APPEALS Albert P.Alnnzi 111,Esquire.Chsh-man Open P.Mdnq-re,l7ce-Chnir >iS►plH 'D.Pov1 Koch Jr.,12squire Doug Ludgln 3; &W- it If I n WMillan cuse14 �p Assadale Alembers C' Danoyblar¢arillial Nalhnn 1Ychveich �sSAeNu56 Alexandria A.Jacobe,Esquire and.the reasonableness of the plumbing permit fees assessed by the Building Department to compensate the Iown.for its anticipated regulatory expense. Please docket the aforesaid Appeal.and advise the imdersignea ofthe docket number and hearing date." According to National's app]tcatioa(footnote,1): "On October 27,2015,National Refrigeration simultaneous to this appeal,filed an application.for appeal with the State Building Code Appeals Board. On November 16,2015,time State Building Code Appeals Board returned National Refrigeration's app lieatioafor appeal advising the State Building Code Appeals Board does nothave jurisdietioa to heal disputes conceming plumbing per>siit fees assessed.by the 'own of North Andover." National also describes its appeal as a Request for k'inding by stating: 1 "Accordingly,National Reftigerodoa hereby appeals the detetin nation made by tvfr.Brown and requests a Finding that the plumbingpomit:fees charged to National Re,frigeKation are excessive in relation to the Building Department's regulatory expenges." National has not presented any evidence that its appeal was filed with the office of the Town Clerk. Analysis Apparently,Nati6ml is invokiuxg M,61,ch.40A,§8 as jurasd1pdan for ibis Board to hear its appeal. pursuant to M,G.L.cb,40A;§8,an appeal to the Zoning Board of Appeals maybe taken by any person"aggrieved by as oider•ot decision of the inspector of buildings..." NLO.L.ch.40A,§1S statues iapad.- "Art appeal under section eight to a permit granting authority sball be taken within thirty days ifiom the date of the order deoision which is being appealed The pethionershallffle anotiee.of appeal specifyang-the a ouads.tbereof,vuaththe city or loan c1er1�and a copy of said notice,including ditto amid;d4b o f i13pg certified by the to't clergy,shall_h6 filed.�nrthwiih by the 13946&4n with the officer or board whose"order or decision is biting apWblol amid to se permit. granting authority,specifying in the notice grounds for such appeal.tiuclt officer of board shall foitlav th tiansmit tb the boaed of appeals or zoning adrimihistrator all doeuimeots aixd papers constituting t1w record of the case in whichthe appeal is taken."(emphasis supplied) Mage 4 aP¢ pEMION:2015-010 ' Feb, 19. 2016 4:24PM No, 0940 P. 7'. Town of North Andovcr ZONING BOARD OF APPEALSAlberlT.irinnzllll,Gsr)ulrc,Chnh'mnn _ Ellen P,h chlyre,Vlce-Chxh Noary �.PAul lCocUxr„Esquire 9, ' LED ED Doug Y.nngln y._� �.t. goon Cu3elq 'ASsodale M1lcm6crs � bcnw Nolgnn(hn) s: . tib+ Nnlhnn NVeinYdch ���+•:o✓°mag Alexandria A.Jacobs,Esquire s�cNuSk 1. Filiog with the Town Clerk In deciding a case under§16 of£onner M.C11,Chapter 40A,the toiut stated in Qxeele;�y. ,Zbning Board of Appeals of Iratnin¢ha[h,.350 Mass.549(1946): 'Th®procedure for obtaining review under§16 is plain and unambigubus. `Any appeal under section thirteen shall be taken-within thirty days...by Ming a notice of ppppeal ,,,with the city or•town Clerk'-(emphasis supplied),-The fillrig of as appeal with someone otkcr than_the,of1'rcial designated by the.Statute is not.au effective filing and does oot confer jurisdiction. See Kria0 is v.Dir•ectai'of the Div:of Employment Security,326144ss.419,421422;Esrey v. Director of the Div. ofEmployisidh Secui-kc ,338 Miss.7.97. National has not pl:esented evidetwe that its appeal of M,:Brown's determination Was '6'led with the Town Clock at any time,much.less within the 30 days(from Septelnbeir 23, 2015)requited by law: 2. Within 30.dans By September 18,National was aware of the amount of the filing fee, On.Septem.bev 23,2015 the Building luipecf or coriiu7ned,by electi Qnia mail,the amount ofthe filing fee. This purported"app6al”Was dated Mt6bei•'26,201-5,which is beyond the mandated 30 days as stated in G.L. ch.40A, §15. It is well established that filing the"appeal'.beyond 30 days depiives this Board of iuisdic4on to make a deolston on rhe merlts of the appeal, See QallivM v.Zoning Hoard,of Appeals of le '/I Mass.A.pp.t_2t.pof nk,ar,s�'/,(dl1U));�o=%s V.Aimino,4bl)Mass. /yu(dill);Miles- Matthias v.Zoning Board of Appeals Seeko84 Mass.Appkt.,118(2014) Accordingly,this Board does hot have juxisdiction to decide National's appesl bf the Building Inspector's decision. .Atter deliberations, the Board of Appeals det6r.mined to find in favor of the North Andover Building Inspector upholding the Building Inspector's decision as to plumbing fees. The following regular votink meinbers were present: Albeit P.Manzi III,Ellen p.McIntyre,D. Paul loch Jx,Doug Ludgin and Man CUScia. • PsgeS be I ' FL'Tlr[ON:zals-0[o 1r/,l/�' Jeb, 19. 1016 4: 1hrNI No. 0940 f', d ToryII of Nott i AnaoveC I ZbNINC SOAR D OF APPEALS Albert P,Ninnzl III,Csqulrc,Chairman Ellen P.h(cin(yre,\'Ice-Chnh• D,6111 ICaeh Jr.,Csqulrc i µoAYn A.Ilnn CuEclo• � � Assoc]atc nlegihersWRIJInrk M Alexnodrla A jacobe,Vequiro CNu9E�' The following Associate members were present:Dehey Morganthal,Aloxan&,ia Jacobs and Nathan Weinreich. D. Paul Koch made a Motion'to-(tp4old the Inspector of Buildings laspector's decision dated September 23,2015,and to thelgby DhIVY the toquosted Finding of the patty aggrieved National Refrigeration fnc.Allan Cluscia seconded the tliotion. Voting in favor of the motion to upltgld the Building laspect&'s decision as to pXm.Wng fees and to thereby DENY the.iequEested fmding of National Refrigeratioj.Inc:Albeit P..Manzi YII, Ellen P.Mclatyre,D.Paul KoahJr,Dwg.Ludgin and Allan Cusdia. NORTH ANDOVER ZONING BOARD OF APPEALS So Ordered, N thAridov@t' Nt►► I;, A1cc,o Appeals That P. Maiizl Squlrpi.Chahma(i • )alien P,McIntyie;• • D.Paul ICoch Jr,,Esquize Allan Cuscla Doug Ludgin Decision 2015-010 (Finding) Pogo 6 of P4171710N:pis-wo �t���I���4jlrlliP�l����►}���I�,il1,�,11�1��I�I�,�,jf['I+I ° - 7 PITm EY BOWES 02 1P $ 001.360 0001848295 JUN 28 2016 MAILED FROM ZIPCODE02110 URBELIS & FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 Zoning Board of Appeals Town of North Andover 1600 Osgood Street North Andover,MA 01845 a- z �i 7;r 71. UA- FIELDSTEEL, LLJr PjesP%-� i_. FEDERAL STREET 3 R / I� BOSTON,MASSACHUSETTS 02110-1727 2 ®PITNEY BOWES 02 1P $ 001,095 • 0001848295 JUN 01 2016 MAILED FROM ZIPCODE02110 Q V V . Zoning Board of Appeals JUN -6 2016 Town of North Andover 1600 Osgood Street BOARD OF APPEALS North Andover, MA 01845 URBELIS&FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 Telephone 978-475-4552 THOMAS J.URBELIS Telephone 617-338-2200 e-mail tju@uf-law.com Telecopier 617-338-0122 May 31, 2016 Zoning Board of Appeals Town of North Andover 1600 Osgood Street North Andover,MA 01845 RE: National Refrigeration, Inc. v. Town of North Andover Dear Members: Enclosed please find an Affidavit of Robert Kempf. Very truly yours, Tho s J. Urbelis TJU/kmp Enclosure cc: Eric Kfoury (w/enc) I COMMONWEALTH OF MASSACHUSETTS Essex,ss Superior Court Department of the Trial Court Civil Action No. 1677CV00332 } NATIONAL REFRIGERATION,INC., ) Plaintiff, ) V. ) TOWN OF NORTH ANDOVER acting by and ) through its ZONING BOARD OF APPEALS, Defendant. } AFFIDAVIT OF ROBERT KEMPF IN SUPPORT OF NATIONAL REFRIGERATION,INC.'S OPPOSITION TO DEFENDANT TOWN OF NORTH ANDOVER ACTING BY AND THROUGH ITS ZONING BOARD OF APPEALS'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT I,Robert Kempf,being first duly sworn,hereby depose and state as follows: 1. I am of legal age and am a Project Manager for National Refrigeration, Inc. ("National"). 2. I have been employed by National since 2003 and have been a Project Manager since 2006. 3. National is in the business of furnishing and installing plumbing and heating, ventilation,and air-conditioning("HVAC")materials and equipment as a contractor or subcontractor throughout Rhode Island and Massachusetts. 4. My job duties as a Project manager include estimating, calculating bids, job cost analysis,project management,and obtaining permits on behalf of National. 5. 1 have personal knowledge of the facts set forth herein except those matters stated upon information and belief and upon records of regularly conducted business activity,which I believe to be true and accurate. 6. In preparingan estimate for any project where National is providing construction services in a given city or town, I will typically estimate any necessary permit fees by looking at the applicable city's or town's website for any published rates. 7. Typically, Massachusetts cities and towns charge for plumbing or mechanicaUHVAC permits using one of four common methods: a. A flat rate per line item. Here, the permit fee is based on the number and type of fixtures National is to furnish and install and there may be separate charges for the inspection or re-inspection of National's work performed by the city or town. In some cases, each fixture is subject to a flat fee regardless of what type of fixture (for example, boilers and sinks are subject to the same flat fee), and in other cases the per-fixture charge varies based on the type of fixture(i.e., a boiler is subject to one fee while a sink is subject to a different fee). Cities and towns which charge a flat fee per fixture include Andover, Massachusetts, Boston, Massachusetts, Haverhill, Massachusetts, Northborough, Massachusetts, and Westborough, Massachusetts, Exhibits A—E. One city where the fee varies based on the type of fixture being installed is Cambridge, Massachusetts. Exhibit F. Some cities, like Methuen, Massachusetts, blend these two methods. In Methuen, certain types of fixtures carry a specific fee, while all other types of fixtures are subject to flat-fee regardless of the type of fixture. Exhibit G(in residential construction,hot water heaters, backflow preventers and deduct meters are subject to fees between $25.00 and $30.00 per fixture and all other fixtures — sinks, toilets,bathtubs,showers,etc.—are$5.00 per fixture). b. Fee per $1,000.00 for National's cost of work or contract value or a percentage of National's cost to complete a project or contract value. In these cases, National is charged a permit fee based on the cost of National's work or the total value of National's contract. In both cases,the fee is based on a dollar value, or a percentage. If the permit fee is based on National's cost, the fee does not account for. National's overhead and profit. When the fee is based on National's contract value,the fee includes National's overhead and profit. For example, Newton, Massachusetts charges a fee of $20.00 per $1,000.00 of National's cost and requires applicants to include their estimated cost of the job on their permit application. Exhibit H. In Norton, Massachusetts, the permit fee for mechanicaUHVAC work is either a flat fee of $50.00 for residential construction or 1% of National's contract value for commercial construction. Exhibit I. In both cases,the fee is based on either National's cost or National's contract value,not the total cost of all construction being performed by all trades. c. Per inspection fee. A few towns,including Southborough,Massachusetts, calculate permit fees based solely on the number of inspections they conduct of the work performed by National. Exhibit J. d. No fee. In rare instances,towns do not charge a fee for sub-trades such as plumbing and HVAC and, instead,the charges for all permits are included 2 when the general contractor applies for a building permit. In those cases, National still has to apply for permit,but pays no separate fee. 8. Using any of the above-methods, I am able to at least estimate a permit fee for any project by simply following the city or town's method and applying it to the work to-be performed by National. 9. With the exception of North Andover, I have never encountered another City or Town in Massachusetts which has levied the full cost of construction for the entire project against both the general contractor, when applying for a building permit, and each individual sub-trade, when they apply for trade-specific permits, when calculating permit fees. 10. In most instances where National is bidding a project as a subcontractor, National does not know the value of the contract between the general contractor and the project owner and never knows the value of the work being performed by other sub- trades and, therefore, could never accurately estimate a permit fee for the work to be performed by National. 11. In addition, using the method applied by North Andover could produce drastically different permit fees for exactly the same work. For example, if National were contracted to furnish and install 5 hot water heaters in a building that was being constructed in North Andover, our permit fee would be based on the total cost to construct the building. If we were asked to furnish and install the same 5 water heaters in an existing structure in North Andover, the permit fee charged by North Andover would presumably be based on either the value of National's contract or a flat fee for each water heater. In both instances,National is doing exactly the same work,but the permit fee is going to be significantly higher for the new construction project. 12. As a project manager, the ability to estimate a permit fee with some measure of accuracy is critical to my job and to National's ability to submit competitive bids for construction projects. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS 2*DAY OF MAY,2016. if obert Kem roj ect Manager National Refrigeration,Inc. 3 CERTIFICATE OF SERVICE I,the undersigned, hereby certify that I served a true copy of the above document upon the following parry by hand delivery this 26th day of May,2016: Thomas I Urbelis,Esq. Urbelis&Fieldsteel,LLP 155 Federal Street Boston,MA 02110 eis Shannon,III,Esq. Steven Shane Smith,Esq. James N.Worden,Esq. 5317:004:afhd-RK 4 i r Town of Andover 3' o S'x fri 36 Bartlet Street * Andover,MA 01810 —• Plumbing Inspector Richard Danforth (978)623-8305 rdanforth crandoveima.-gov Fax No.: (978)623-8320 Office Hours: 8:00 a.m.-10:00 am. Fees Effective September,2012 ❑NEW:New Construction,Additions,Tenant Fit-ups,New within an existing building ❑RENOVATION:Plumbing within the existing system ❑REPLACEMENT:Removal and replacement of a fixture to the existing piping ALL GAS BOILERS AND RATER HEATERS REQUIRE A PLUMBING PERMIT WATER BEATERS AND OIL BURNERS REQUIRE AN ELECTRICAL PERMIT i RESIDENTIAL PLUMBING FEES New Construction/New Addition to property—up to 3 Units $100 plus$5per fixture New Construction—4 units or more $200 plus$5 per fixture Renovation/Replacement-Existing Fixtures ONLY $50 plus$5 per fixture RESIDENTIAL GAS FEES New Construction/Additions/New Gas line/New Fireplace— $75 plus$5 per appliance up to 3 Units (must include test) New Domestic Construction—4 units or more $150 plus$5 per appliance Renovation/Replacement Existing Appliances ONLY .$50 plus$5 per appliance Replacement Gas Boiler/Furnace/Conversion Burner $50 plus$5 per appliance D Combi units requires a gas and plumbing permit COMMERCIAL PLUMBING FEES New Commercial/Industrial Construction/Tenant Fit-up $200 plus$5 per fixture Commercial—Renovation $100 plus$5 per fixture Commercial Replacement—ExistinFixtures ONLY $100 plus$5 per fixture COMMERCIAL GAS FEES New Commercial/Industrial/Tenant Fit-up $150 plus$5 per appliance Renovation/Replacement— Existing Fixtures ONLY $100 plus$5 per appliance Replacement Gas Boiler/Furnace/Conversion Burner $100 plus$5 per appliance MISCELLANEOUS Capped Sewer Lines $50.00 Re-inspection Fee $50.00 Inspection after hours minimum fee $200.00 Work started without a permit Double Permit Fee Revised:4/7/2016 INSPECTIONAL SERVICES DEPARTMENT TYPE OF"PLICA TION RESCHEDULE FEES Rex 06/19/2015 AMENDMEN f 520.00 Primary fee plus$10.00 per $1,000.00 of the estimated cost of work BOARD OF APPEAL: One-Three family; $150.00 Fee primary Four family and up or Commercial; $150.00 Fee for each violation cited. CHANGES OF OCCUPANCY• 3 Family and under 4 Family and up $50'00 Commercial $50.00 $50.00 DOUBLE FEE: When work has been started without required permit or under valued in the estimated cost. ELECTRUML *When upgrading service or installing new service; 1. $20.00 Application fee plus$.25 amp up to 240 Volts 2. $20.00 Application fee plus$.75 amp over 480 volts *When there is no change in service; $20.00 Application fee plus$1.00 each fixture, Plug or outlet$5.00 all meters approved. When none of the above apply;$20.00 application fee Plus$10.00 per$1,000.00 of the estimated cost. *All State buildings;$20.00 primary plus$10.00 per$1,000 of est cost ELECTRICAL FIRE ALARM. $20.00 Primary fee plus$10.00 per SI,000.00 of the estimated cost of work. ELECTRICAL LOW VOLTAGE $20.00 Primary fee plus$10.00 per$1,000.00 of the estimated cast of work ELECTRICAL TEhROu ARy SEgV= $25.00 Primary fee;$10.00 for each month up to six months then apply aph ELECTRICAL YEARLY-MAINTENANCE: $320 Primary fee, GASMING• $20.00 Primary fee plus$5.00 per appliance meter appliance approved.$.09 per 1000 BTU for all boilers, heaters,famaces,(industrial ovens)furnaces have a fee,of $50.00 each$15.00 primary fee plus$5.00 for each 100 lb.Of gas stored$5.00 primary fee plus$2.50 for each propane/gas heating device. LONG FORM BUILDING(1-3 famt7y)j $50.00 Primary fee plus$10.00 per$1,000.00 of the estimated (Major Alterations) cost of work MICROFILMING• $3.00 per sheet NOMINAL FFE $350.00(Nominal Fee plus Application fee) OFF HOURS APPLICATIONS* $100.00Primary fee.(see counter#3) PLUIVIBIN G,. $20.00 Primary runary fee plus$5.00 each fixture, SHEET METAL• $20.00 Primary fee;$25.00 1"200 lin or s $ 9$;$25.00 for each add[200 lin or sq SHORT FORM BUILDING- $20,00 Primary fee plus$10.00 per$1,000 (Minor Alterations) of the estimated cost of work, SPRINKLER: $20.00 Primary fee plus$1.00 per head. SUBDIVISION/COMBINING LOTS OF LAND $50.00 Primary fee;$100.00 for Subdivisions&Combining lots. TRENCH. $60,00 Primary fee. #signatures(applicant owner,excavator) Valid for six(6)months from today-4 copies required. TZSE OF P��� $50.00 Primary fee. Departments Residents . ....... Visitors Government Forms Calendar FAQ1s Search here ................ .......... Home Departments x Health and Inspections w Construction Fees Construction Fees ........... 2:111AII Print Municipal Ordinance§120-11.Fees.[Amended 1-18-1977 by Doe.5;8-ii-i98ibyDoc.151-l3,6-14-1983byDoc.11o,1-28-1992byDoc23.5-21-2002byDOc75, 7- 24-2015 byDoc 89] Building Permits and Fees. 1.A building Permitis not required for non-structural repairs one thousand($i,000.)for labor and materials.However,notification of the Building Inspection DePartmentby phone ormail prior to starting repairs is mandatoryin order to be sure repairs are madein compliance'With the Massachusetts Building Code.Said-repairs shall consist of only actual out of-pocket costs and disbursements. 2.New construction:Permit application of fifty dollars($50.)for the first 2,000 Plus fourteen dollars($14.)Per one thousand dollars($1,a a o.),or pardon thereat with no maximum.New residential occupancy fee of fifty dollars($50-)to be included at time of building permit issuance. 3.Prior to a building permit being issued for new construction,a site plan must be filed.A site plan review fee of$io a shall be charge and paid. 4.Alterations,additions,and repairs;permit application of fifty dollars($50.)for th e first two thousand dollars($2,000.)plus fourteen dollars($14.)for each additional thousand dollars or portion thereof. 5.Any reinspection shall be subi ect to a fee Of$25. 6.Certificate of occupancy. L Occupancy permits for new homes or complete remodel of existing homes($So.) 2.Temporary occupancy permits:fifty dollars($50.) S.Each additional inspection for occupancy permit where violations are found:twenty dollars($20.) 4.Commercial b ufldings:one hundred dollars($iooj per five(5)years, 7.Certification of buildings will be done in accordance to fees outlined in the Massachusetts State Building Code,and in cases where violations are found,an additional fee of twenty-five dollars($2&)per inspection will be charged. 8.All fees will be doubled in the event work is started before a permits is obtained or permission is granted by the Inspector. 9.Demolition twenty-five dollars($25.)for each floor to be demolished,plus an additional thirty-five($35.)dollars for application fee. io.Removal of Stop Work Orders:fifty dollars($50.) 11.Amusement parks,equipment;tents etc.twenty dollars($20.)per unit iz Requested inspection of existing buildings:ft dollars($50J 13.Foundation Permits: i.Residential foundation$75.00 2.Commercial foundation$0.2o per linear foot 3.Multi-family dwellings,attached:$75.00 per unit. 14.Moving permits. L Dwelling and large structures:two hundred dollars($200.)Minimum 2.less than ten by twenty(lox2o)feet that require use of state,county,or town roads:twenty-five dollars($25.) 15.Signs:twenty-five dollars($25.)plus fifteen dollars($15.)per one thousand or portion thereof after the first one thousand dollars($i,000j 16.Air conditioning,except units included under the original building permit(central air or where structural alterations are required):fifteen dollars($15.)plus ten dollars($10.)per one thousand dollars($1,000)or portion thereof 17.Heating alterations permit application:twenty-five dollars($25.)plus twelve dollars($12.)per one thousand or portion thereof. 18.Change of ownership permit fifty dollars($5o.) 19.Construction trailer and/or emergency mobile home:fifty dollars($5o.)Storage tailerpernift fee:fifty dollars($5o.) 20.Gravel removal permits-fifty dollars($So.) 21.Permitrenewals:twenty-five dollars($25.00) 22-SOlidfuel burning stove permits andchimneypermits;thirty dollars($30.) 23.Zoning verification forbusiness certificates:ten dollars($1o.00) 24.Conformance to zoning affidavit twenty-five dollars($25.00) Electrical Fees: Residentiah New House with 100 Amp Service Total Fee$25o.00 New House with 200 Amp Service Total Fee$250.00 New House with 400 Amp Service Total Fee$25o.00 Dwelling Units New/Remodel Each Unit $125,00 Minimum Electrical Permit $20,00 1-10 Devices $25.00 Additional devices $ 1.00 All appliances for remodel/alterations $20.00 each 100 Amp Service Change includes 1 meter $40.00 200 Amp Service Change includes 1 meter $6o.00 Additional Meters $15.0o each All Sub-panels 1/2 price of service for each panel up to 400A Oil or Gas Heating Systems $50.00 Swimming Pools(Above Ground) $50.00 Swimming Pools(In-Ground) $75.00 Smoke Detectors $50.00 Fire Alarm System $50.00 SeeuritySystem(Residential) $50.00 Siding $50.00 General Repairs Residential or Commercial $50.00 Commercial loo Amp Service-1 Meter $40.00 200 Amp Service-Additional Meters$2o.00 each $50.00 400 Amp Service-Additional Meters$2o.00 each $75.00 6o o Amp Service-Additional Meters$20.00 each $100.00 800 Amp Service-Additional Meters$2o.00 each $125.00 1000 Amp Service-Additional Meters$2o.00 each $150.00 1200 Amp Service-Additional Meters$20.00 each $200.00 1500 Amp Service-Additional Meters$20.00 each $225.00 2000 Amp Service-Additional Meters$2o.00 each $250.00 Temp Service $50.00 Signs $5o.00 each Air Conditioners Condenser&Air Handier $75.00 each Commercial Appliances $50,00 each Motors up to 10 horse power $15.00 each Each additional horse power $ 1.00 Smoke Detectors $So.00 base+$1.00 per device Security System $5o.oo base+$1.00 per device General Repairs $30.00 1-10 Devices $30.00 additional devices $1.00 Transformers: First to Kilowatts orkilovolt-amperes $20.00 Faehadditional kilowattorkilovoltampereupl,000 $1,00 Over 1,000 kilowatts orkilovolt-ampere up to 5,000 $500.00 (includes all integral equipment and appurtences) Over S,000 kilowatts for kilovolt ampere $1,500.00 (includes all integral equipment and appurtences) Carnival,Circus,&Fairs $125.00 Traffic Signals $40.00 perpole Nursing Home Yearly Inspection $50.00 Remodeling Renovations,Repairing orAdditions Same as New Re-inspection Fee $25-00 Yearly Maintenance Permits(Jan.1-Dec 3150 $150.00 Localregulations: L If applications are mailed,allow a minimum of three(3)working days for the permit to be issuedprior to requesting inspection.Please enclose a self- addressed stamped envelope for the return ofthe permit 2.Itis requiredthat electricians be present for any inspection. 3.Service conductors are to be installed in approved raceways. 4.oil burners and gas burners shall have an emergency switch at the burner and outside the fire area and shall also have a firomatic thermal switch. 5.Outdo or signs shall be on separate circuits,approved raceways outside of the building with a service disconnect switch. 6.Installations shall be tested by the electrician for polarization,grounds and proper connection. 7.There shall he no permiit fee for work being done for the city. All fees will be doubled in the event thatwork is started before a permit is obtained or verbal permission is gmntedby the Plumbing/Gas Inspector. Gas Fees: TYPE FEE Replacement hotwater heater $20.00 Residential(Per dwelling unit,plus$5.ooper appliance) $25.00 Commercial(Per unit,plus$20.00 per appliance) $100.00 All elevated gas pressure permits,or appliance 200,00o btu and over i (in addition to unit and applicationchargc) $50.00 f Reinspection fee(for each notice) $30.00 I Plumbing Fees: TYPE FEE Replacement hot water tank $20.00 Residential(Per dwelling unit,plus$1o.00 per fixture) $50.00 Commercial(Per unit,plus$20.00 per fixture) $100.00 Remodel of water or waste piping only $50.00 Cap sewer for demolition $100.00 Piping and treatment of special waste $150.00 (Plus$20.00 each fixture)Stamped drawings required. Reinspection fee(for each notice) $30.00 Commercial or Residential Water Main Backflow Device(+$10,per fixture or device) $50.00 LocalRegulations: i.If applications are sent through the mail,allow a minimum ofthree days for the permitto be issuedbefore starting work.Please call to verify that application has been received andprocessed.Enclose a self-addressed stamped envelopeforthe return ofthe permit If any questions are not answered or information missing,the application will be returned. 2.Requests for inspections shall be made no later than 9:00 a.m.for an inspection appointment on that day. 3.This office shall be notified immediately-when jobs are finished. All fees will be doubled in the event that work is started before a permit is obtained or verbal permission is granted by the Plumbing/Gas Inspector. Town of Northborough Plumbing Fee Schedule Effective: 9-14-2000 f Residential New Construction: Each dwelling unit.....................(First 10 fixtures)$ 100.00 Each additional fixture................................add $ 5.00 Existing Residential: Additions,renovations..................(First fixture) $35.00 Each additional fixture................................add $ 5.00 (When an existing dwelling is completely altered,the fees for new construction apply.) Anysingle fixture.....................................................................$ 35.00 (dishwashers,elec.hot water heaters etc.) Sewer(Public or Private)Conversions/Connections........................... $ 35.00 Commercial—Business -Industrial New Construction or alterations.....................................................$ 100.00 Each additional fixture.......................................add $ 6.00 Repairs requiring only one inspection.............................................$ 50.00 Anything else requiring only one inspection......................................$ 50.00 Please Note: A. A separate plumbing permit shall be filed for each dwelling unit or tenant space. B. Permit fees will be doubled if work is started without a valid plumbing permit. C. All work is to be done in accordance with Massachusetts Plumbing Code. D. A licensed plumber is to be present at the time of a rough inspection(unless otherwise stated by the plumbing inspector). E. If it is necessary for the inspector to re-inspect the property due to defective work, improper materials,code violations or contractor related issues a re-inspection fee of $50.00 will be charged. Permit Fee includes one underground,one rough and one final inspection.Any additional inspections(partial, incomplete,not ready)shall incur a re-inspection fee of$50.00 I:My DocumentsNPlumbing Fees.doc �►+ " S TOWN OF WESTBOROUGH N MASSACHUSETTS m- h 01581 BUILDING DEPARTMENT BUILDNG COMMISSIONER FORBES MUNICIPAL BUILDING ZONING ENFORCEMENT OFFICER 45 WEST MAIN STREET WESTBOROUGH,MA 01581 TIN HTWAY TEL.(508)366-3015 FAX.(508)366-3018 BUILDINGDEPr@TOWN.WESTBOROUGH.MA.US 4 PLUMBING AND GAS FEE SCHEDULE I Type of Work Fee Rate Plumbing Residential New $100.00 plus$20.00 per fixture Residential Alterations,Additions $50.00 plus$10.00 per fixture Residential Replacement Single Fixture $75.00 Commercial New $200.00 plus$20.00 per fixture Commercial Alterations,Additions $200.00 plus$20.00 per fixture Commercial Replacement Single Fixture $100.00 Gas Residential New $100.00 plus$20.00 per fixture Residential Alterations,Additions $50.00 plus$10.00 per fixture Residential Replacement Single Fixture $75.00 Commercial New $200.00 plus$20.00 per fixture Commercial Alterations,Additions $200.00 plus$20.00 per fixture Commercial Replacement Single Fixture $100.00 PERMIT FEE WILL PROVIDE ONE UNDERGROUND; ONE ROUGH AND ONE FINISH INSPECTION. ALL OTHER INSPECTIONS AND RE-INSPECTIONS SHALL BE AT THE RATE OF $40.00 PER INSPECTION.ALL FEES ARE TO BE PAID IN ADVANCE. NOTE: A separate plumbing or gas permit shall be filed for each dwelling unit or tenant space. The fee is DOUBLED if work is started without obtaining a plumbing or gas permit in conformance with the Massachusetts Fuel Gas and Plumbing Codes. A fee of $40.00 will be charged for re-inspection necessitated by faulty or illegal installation or not in accordance with the requirements of Massachusetts codes. Adopted by Board of Selectmen 7/13/2011 All Permit Applications Restaurant Inspections Calendar News City Home Text Size: A A A Search Building/Electric/ Food&Sanitary Zoning Housing Codes&Maps Online Permit About Us Plumbing Permits Program Help Inspectional Services> Building/Electric/Plumbing Permits>Plumbing Fees Building/Electric/ How Can We Help You? Plumbing Permits Plumbing Fees How To Apply b Contractors Section:15.04.010 Established-Work Started Prior to Obtaining Permit: Select your Indust • 'Building Fees- Residents,Tenants,&Students Where work forwhich a permit is required bythis code is started or proceeded Electrical/Wiring Fees Select a Task 1 with,priorto obtaining such permit,the fee specified shall be tripled,but payment Gas Fees of such triple fee shall not relieve any person from fully complying with the requirements of this code in the execution of the work not from any other Mechanical Fees penalties prescribed in this code. I Plumbing Fees City Ordinance 15.08,&15.12 Penalty for Starting WorkPriorto Obtaining - 1 Permit: ��•t Sprinkler Fees Pe Frequently Asked Questions Where work for which a permit is required by Electric Code/Plumbing Code is started or proceeded with,prior to obtaining such permit,the fee specified shall m be tripled,but payment of such triple fee shall not relieve any person from fully Inspectional Services Department Protect Your Home from complying with the requirements of this code In the execution of the work not 831 Massachusetts Avenue Sewer Backups from any other penalties prescribed in this code. Cambridge MA 02139 Phone:617-349-6100 Seethe backwater valve brochure City Ordinance 15.08.020&15.12.020 Co-Work Completed By Others: Fax:617-349-6132 Any person,firm or corporation,other than electrical contractors/plumbing Contact U Make sure your HVAC&AC contractors or public service agencies,who employ one or more Hours Installation does not violate electricians/plumbers permanent to do electrical or plumbing work,may obtain a r the City's Noise Ordinance permit covering the work done by such permanent electrician/plumber for a Monday:8:00am-8;00pm period of time to be determined in each ase.The fee for electrical Tuesday Thursday:8:00am-5:00pm HVAC-AC Install Friday:8:00am-1:00pm work/plumbing work done under such a permit for a period of time to be work done under such permit will be charged In the same manner as If separate permits Counter Hours: had been given for each Job. Monday: 8:00am-930am Performing work without a permit Triple the permit fee Failure to call forflnal 4:30pm-6:30pm Inspection within 5 days of completion-$50.00 Tuesday-Thursday: 8:00am-9:30am 3:30pm-430pm Friday: 8:00am-9:30am- Re-Inspectlon Fee-$50.00 12:00pm-1:OOpm Record Room Hours: Monday: 8:00am-12:00pm 1:00pm-7:00pm Description Fees Tuesday-Thursday: _�. 8:00am-12:OOpm Plumbing 1;00pm-4:30pm -- --- ---— ----- ---------- --- Friday: 8:00am-1:00pm Back Water Valve $25.00 Cross Connection Device-Testable $50.00 Cross Connection Device-Non-Tesable $20.00 Dedicated Gas/OII/Sand System $100.00 ' Dedicated Gray Water System -- -- 4 $100.00 Dedicated Grease System 4 u $50.00 J. Dedicated Special Waste System _I $100.00 i Dedicated Water Recycle System t $100.00 -------____- --------_-..__ I Disconnect/Re-Connect I ^' ----------- - --- - ----- $50 00 ------- EmergencyShower--- - $50.00 --- ------_.---- Eye Wash $50.00 ------------_--- f__-- Fixture-Bathtub,Dishwasher,Drinking Fountain, Include $50.00 for Floor/Area Drain,Food Disposal,Icemaker, in + 5 fixtures, Kitchen Sink,Lavatory,Roof Drain,Mop Sink, Fixture $5.00 for Shower stall Toilet Urinal,Washing Machine Count each I additional fixture Flushing Rim Sink $50.00 Food Prep Sink $50.00 Hand Sink $50.00- Hose Bib -$25.00 Interceptor(Interior)-� �- $50.00 Irrigation Meter �u� $25.00^- Lab Sink $50.00 Pedicare/DentalChalr-I•�-�-•'_.-•-._•_•-.._ ._.. ._ - $25.00 PH Neutralizing Sump_ 550 00` -PH Neutralizing System --- �_._._._,.._.�.._.-• -.-._..� .._.._.__..___.._.____-._._._....,..____,_._._.. ....._....._...._,.__,._.._ i $100.00 -� Safe Water Pan+��y�y_,.....,.,._�--...-_._._....._..__.._.._.._--•_-� 52500-'„• � Sanitary Waste&Vent -$50.00 perfloor- Sewer Ejector _ $50.00 -Solar/Hybrid System �~-'-'_____._.__„_._•__..,_.._._.. $100.00 _Three Bay Sink _-_�_-- I $50.00 i Vacuum Oralnage5ystem -�•^-_-�_..__�-___�,_.._._._._._.� $100.00 Water Filter I $50.00w� Water Heater(electric) $50.00-- Water Heater(gas)� - -- -._..__.^._.. $50.00_- Water Heater(Inderect) $50.00 Water Heater(tankless) _ - $ 0. 5100.00 Water meter ^� - � - $50.00 Water _ Water Piping(New per floor) $50.00 per floor rZterc,cilefflltered V^$50.00 i Description Fees sprinklers up to 5 heads $50.00 over 5 heads plus$2.00 each for additional head Standpipe Valves��^�^ _ 11/2" $40.00&$5.00 each additional _ 21/2"—^----�--� $40.00&$5.00 each additional + Backflow Preventor $50.00 Online Applications and FrequentlyAsked Codes Districts Fees Permits Questions II Codes All District Maps Building Fees Online Permitting Building Electrical Electrical-Wiring Fees II Permits Plumbing FAQ Plumbing and Gas Fees Building Permits Housing FAQ Sanitary Fees Electric Plumbing Gas Sanitary nd Food FAQ Zoning Fees Permits Food Sanitary Permits 0 2016 City of Cambridge,MA Contact Us Disclaimer I Privacy PclIQj Site Map �Ll• ,t� ���� _�#i ;N: +f.�'^: t !3' : � h f �9 d « �`�' � sS" -'r � � J� ��\/ �/,�\F c r ..1 Plum"brn`> Fees. 6a9*ee s i: Residential Residential New Construction 10%of the cost of Building Permit New Appliance-Up to 3 Units $50,+$5 per Appliance Replacement/Addition/Remodel $50+$5 per fixture New Appliance 4 Units or more $75+$5 per Appliance Replacement-Existing Fixtures Only $50+$5 per fixture Replacements-Existing Appliance Only $25+$5 per Appliance Gas Test $30 Hot Water Heater $30 each fixture Hot Water Heater $30 Backflow Preventer $25 each fixture Deduct Meters $25 each fixture Commercial/Industrial Commercial/industrial New Construction 10%of the cost of Building Permit New Appliance/Construction $100+$5 per Appliance Remodeling/Additions/Renovations $100+$5 per fixture Replacements-Existing Appliance only$100=$5 per Appliance Replacement-Existing Fixtures Only $100+$5 per fixture Gas Test $105 Backflow Preventer $50 each fixture Water Heater $75 Vacuum Breakers $50 each fixture -Deduct Meters $50 each fixture Water Heater $50 each fixture Underground Only $50 Miscellaneous Permits Miscellaneous Permits Capped Sewer Lines $50 Relocate Gas Meter or Service $25+$5 per Meter of Service . Pre-Sewer Entry Permit $30 Re-Inspection Fee (Each Inspection) $50 Re-Inspection Fee (Each inspection) $50 Work With No Permit Permit Fee is Doubled Work With No Permit Permit Fee is Doubled 1. Fees are doubled if work precedes issuance of gas or plumbing permit or permission of the inspector. 2. Fees for commercial gas permits covers 5 inspections only. Each additional inspection is$20.00,to be paid prior to the inspection. Phone f City of Newton, Massachusetts 617,796.1060 Inspectional Services Department Fax 1000 Commonwealth Avenue Newton,Massachusetts 02459 617.796.1086 Permit Fee Schedule Effective July 1,2015 The fees for all permits shall be computed at a rate of$20.00 per one thousand ($1,000.00) of estimated construction cost including any fraction thereof, rounded up to the next nearest thousand provided however,that in no event shall the fee be less than the minimum fee set out below. *Rounded up to the next nearest thousand* Permit Fee Building Permits Building Permit(including signs) Per$1,000.00 of construction or fraction thereof $20.00 Demolition Permit Per$1,000.00 of construction or fraction thereof $20.00 Minimum Permit Fee;Residential(1&2 Family) Minimum Fee $50.00 Minimum Permit Fee;Residential(3 Family&Up) Minimum Fee $100.00 Minimum Permit Fee;Commercial Minimum Fee $100.00 Mechanical Permits *MUST INCLUDE THE ESTIMATED COST OF THE JOB ON THE APPLICATION Electrical Permit Per$1,000.00 of construction or fraction thereof $20.00 Plumbing Permit Per$1,000.00 of construction or fraction thereof $20.00 Gas Permit Per$1,000.00 of construction or fraction thereof $20.00 Sheet Metal Permit Per$1,000.00 of construction or fraction thereof $20.00 Sprinkler Permit Per$1,000.00 of construction or fraction thereof $20.00 Minimum Permit Fee;Residential(1&2 Family) Minimum Fee $50.00 Minimum Permit Fee;Residential(3 Family&Up) Minimum Fee $100.00 Minimum Permit Fee;Commercial Minimum Fee $100.00 Other All other work requiring permits Per$1,000.00 of construction or fraction thereof $20.00 Re-Inspection;First re-inspection Flat Rate $50.00 Re-Inspection;Second or subsequent Flat Rate $100.00 re-inspection Certification of use and occupancy;Temporary or Flat Rate $50.00 Partial;per unit,per month Replacement Building Permit Card Flat Rate $25.00 December 15,2015 Town of Norton Building Department 70 East Main Street,Norton MA.02766 Phone: 508-285-0290 - Fax: 508-285-0295 ** FEES ARE NON-REFUNDABLEAND NON- TRANSFERRABLE** Permit Fee Schedule RESIDENTIAL (10 FAMILY) COMMERCIAL New Construction &Additions, $.45 PER SQ.FT.of *Gross 0-$1000.=$100.00, Detach garages&decks floor area. Each $1000.after=$15.00 Accessory structures $.20 per sq.ft.Min Fee$35.00 $.25 per sq.ft.Min Fee$45.00 Accessory structures Under 200 sq.ft.No permit required. must comply with Zoning must comply with Zoning Reconstruct,Alterations or 0-$1000._$50.00, 0-$1000.=$100.00, Repair. (Contract is required) Each $1000, after=$5.00 Each $1000.after=$15.00 New Tenant/Occupancy per 780 0-$1000.=$100.00, CMR 111.0. Each $1000.after=$15.00 Temporary Occupancy per 780 CMR 111.0 $35.00 $50.00 Solid fuel-burning appliance $S5.00 $100.00 Demolition/moving a structure $50.00 each $100.00 each Permanent Sign $35.00 each $100.00 each Temporary sign,Banners& n/a $35.00 Displays Max 30 days Chimney,Fireplaces&Masonry 0-$1000.=$50.00, 0-$1000.=$100.00, Each $1000.after=$5.00 Each $1000.after=$15.00 Mechanical / Sheetmetal $50.00 1%of contract or$100.00 min. Minimum fee unless specified $50.00 $75.00 or 1%of contract Swimming Pools.Above-ground $60.00 In-ground $80.00 $125.00 Trench permit $25.00 $25.00 Building permit Re issue >2-yrs $75.00 $125.00 Carnival,Circus, or Fair. n/a $100.00 TemporaryTent. > 120 sq.ft. $35.00 $100.00 780 CMR-3103. Special permit Foundation Only $ 75.00 $100.00 780 CMR-R106.3.3 780 CMR 107.3.3 Sprinkler/Fire Alarm Systems n/a 1%of contract or$100.00 min. Solar Energy Systems 1%of contract or$50.00 min. 1%of contract or$100.00 min. Zoning Determination Letters $75.00 $125.00 *Re-inspection fee $35.00 $50.00 Working without a permit Double fee Double fee *Gross floor area: Is the sum of the floor areas of the spaces within the building,including basements.Measurements must betaken from the exterior faces of exterior walls.Excludes non-en closed(or non-enclosable)roofed-over areas such as exterior covered walkways,porches,terraces or steps,roof overhangs,and similar features, *Re-inspection:When an inspection is requested and the work is not ready,or it is not acceptable, or not accessible by means of a set of stairs,a re-inspection fee of$35.00 will be charged.This fee is to be paid at the Building Department prior to the re-inspection. Effective date:February 20,2014 Town of Southborough Plumbing/Gas Department Rick Araujo,Plumbing/Gas Inspector Fee Schedule(January 2015) The Permit fee will be based on "per inspection"for the project.The Permit Fee is$52* per inspection as described below. (*includes Technology Fee)There is a 4%Technology Fee that is added to the permit fee,this fee covers our permitting software. Residential j New Single Family $156 includes 3 inspections and Tech Fee Remodel $104 includes 2 inspections and Tech Fee Single Visit $52 includes one inspection and Tech Fee Commercial $156 includes up to 3 inspections and Tech On larger commercial projects additional inspections can be added as needed,speak with the Plumbing/Gas Inspector for more details. Re-inspection Fee is$52 and includes Tech Fee Questions:Contact Plumbing/Gas Inspector at raraujo@southboroughma.com For Inspections Call 508-485-0710-Karen Finelli Administrative Assistant URBELIS&FIELDSTEEL,LLP JUL `5 2016 D 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 BOARD OF APPEALS Telephone 978-475-4552 THOMAS J.URBELIS Telephone 617-338-2200 e-mail tju@uf-law.com Telecopier 617-338-0122 June 28, 2016 Zoning Board of Appeals Town of North Andover 1600 Osgood Street North Andover, MA 01845 RE: National Refrigeration, Inc. v. Town of North Andover Zoning Board of Appeals Dear Members: This case started as an appeal to your Board from a determination by the Building Inspector regarding the dollar amount of plumbing permit fees. You upheld the Inspector and denied the appeal, citing the failure of the plumbing subcontractor to timely appeal to your Board. The subcontractor then appealed your decision to the Superior Court. Enclosed please find a copy of the Superior Court decision which agreed with our arguments and dismissed the lawsuit on the grounds that National Refrigeration, Inc. failed to timely appeal your decision to the Superior Court. National Refrigeration, Inc. has 30 days within which to file a Notice of Appeal to the Massachusetts Appeals Court. As always,please call if you have any questions. Very truly yours, Thoma Urbelis TJU/saf Enclosure cc: Board of Selectmen(w/enc) Andrew Maylor(w/enc) Joyce Bradshaw(w/enc) Eric Kfoury (w/enc) • JAIL .�a ZW6 COMMONWEALTH OF MASSACH%X6 OF APPEALS ESSEX,ss. SUPERIOR COURT CIVIL ACTION NO. 2016-00332-A NATIONAL REFRIGERATION,INC., Plaintiff VS. TOWN OF NORTH ANDOVER, by and through its Zoning Board of Appeals, Defendant MEMORANDUM AND DECISION ON DEFENDANT'S MOTION TO DISMISS PROCEDURAL BACKGROUND This action was commenced by plaintiffNational Refrigeration,Inc.("National Refrigeration") by means of a verified complaint on March 8, 2016. [D. 1]. The complaint contains two counts. Count I is brought under G.L.c.40A,§ 17 and seeks review of a final decision of the Town of North Andover(the"Town")Zoning Board of Appeals ("ZBA"). The ZBA refused to consider, based on alleged untimeliness, National Refrigeration's challenge to the plumbing permit fees it paid to the Town in connection with plumbing services it rendered in connection with a much larger contract to construct approximately 196 residential units in the Town. Count II is framed as a declaratory judgment action,and seeks a declaration about the lawfulness of plumbing permit fees assessed by the Town based upon the total value of the general contract work, only some of which was for plumbing services performed by National Refrigeration. i ' Essentially, National Refrigeration challenges the Town's assessment of plumbing permit fees,pursuant to G.L.c.40,§22F,based on the value of the entire. construction project, as opposed to the value of the plumbing subcontract. Now before the court is the Town's motion to dismiss the complaint in this case. [D.5]. A non-evidentiary hearing was held on May 10,2016 and continued and concluded on May 26, 2016. For reasons discussed below, the Town's motion to dismiss is ALLOWED. FACTUAL BACKGROUND Prior to the events in question in this case, the Town approved a proposal to develop and construct a site in the Town known as Berry Farms(the"project"). The developer entered into a contract with Pilot Construction, Inc. ("Pilot") for general contracting services in construction of the project. The value of the construction work under the contract with Pilot was$38,737,375.00. In July 2015,Pilot engaged National Refrigeration to provide plumbing services for the project. The value of the plumbing subcontract was $2,140,000.00. National Refrigeration applied for and received from the Town five separate plumbing permits. Each of the fees for the 2 R. plumbing permits was calculated as a percentage of the value of the general contract between the developer and Pilot. In total, the permit fees assessed and paid under protest by National Refrigeration totaled$58,107.00.' Afterpayment of the protested plumbing permit fees,questions arose and were discussed between the parties about National Refrigeration's right of judicial review to challenge to the reasonableness of the plumbing permit fees: Eventually,the ZBA scheduled a hearing on National Refrigeration's application for a finding that the plumbing permit fees assessed by the Town were not reasonably proportional to the costs expended by the Town's building department in administering the permit process. The hearing before the ZBA was conducted on January 12, 2016. The ZBA took the matter under advisement at that time. The ZBA filed its written decision with the Town Clerk's Office on January 26, 2016. On its face, the decision stated: "Any appeal shall be filed within(20)days after the date of filing of this notice in the office of the Town Clerk,per Mass. Gen. L. Ch.40A, § 17." The ZBA unanimously 'National Refrigeration suggests in its complaint that if the same percentage was applied against the value of the plumbing subcontract, the total fees for the five permits would be only $3,210.00. [Compl. 112]. The court is not so sure that National Refrigeration's alternative calculation is relevant. If the Town calculated plumbing permit fees based on the value of the plumbing subcontract,rather than the value ofthe general contract,it would not be bound or required to use the same percentages to calculate the permit fees. Undoubtedly, a different and higher percentage would be used by the Town if the considerably lower subcontract value was used to determine the permit fees. 3 j voted to uphold the assessed plumbing permit fees and deny National Refrigeration's request for a finding to the contrary. It does not appear to this court that the ZBA reached the merits of National Refrigeration's challenge to the manner of calculating plumbing permit fees. Rather, the ZBA found two jurisdictional defects in National Refrigeration's application for a finding: (1)National Refrigeration failed to present evidence that a copy of its appeal of the Town's assessed plumbing permit fees was filed(timely or otherwise)with the town clerk,as required by G.L.c.40A, § 15; and (2) National Refrigeration's purported appeal of the plumbing permit fees was not filed within thirty days of the date of the order or decision which is being appealed, as required by G. L. c. 40A, § 15. According to the complaint, counsel for National Refrigeration first received notice of the ZBA's decision on February 18, 2016,twenty-three days after it was filed with the town clerk.' On February 19,2016,National Refrigeration gave notice to the ZBA and the town clerk of its intention to appeal the January 23,2016 decision of the ZBA. This action was filed on March 8, 2016, nineteen days after National Refrigeration's receipt of the ZBA's decision,but forty-two days after the decision 2At the second day of the hearing, the Town presented the court with an affidavit asserting that the town clerk had timely mailed a copy of the ZBA decision to National Refrigeration's counsel.As the court must take as true the allegations in the complaint for purposes of the Town's motion to dismiss,the court does not consider the Town's contention that it timely mailed a copy of the ZBA decision to National Refrigeration,and accepts the allegation in the complaint that the mailing did not occur. 4 had been filed with the town clerk. P. 11. DISCUSSION In considering a motion to dismiss, "the allegations of the complaint, as well as such inferences as may be drawn therefrom in the plaintiffs favor,are to be taken as true." Nader v. Citron, 372 Mass. 96, 98 (1977). In considering a motion to dismiss,the court is bound by the four corners of the complaint, but a"copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes" Mass. R. Civ.P. 10(c). Here,the decision of the ZBA from which judicial review is sought is attached as the only exhibit to the complaint. The Town's motion to dismiss is not the typical challenge to the sufficiency of the factual allegations supporting the charged causes of action. See Iannacchino v. Ford Motor Company, 451 Mass. 623, 636 (2008),Ashcroft v.Iqbal,556 U.S. 662, 678 (2009). Rather, the Town challenges the complaint on jurisdictional grounds, arguing that the.appeal'of the ZBA's decision and the required notice to the town clerk were untimely, preventing this court from reaching and/or considering the merits of the appeal. G. L. c. 40A, § 17 provides in pertinent part: Any person aggrieved by a decision of the board of appeals or any special permit granting authority . . . whether or not previously a parry . . . may appeal to . . . the superior court department in which the land 5 i concerned is situated . . .by bringing an action within twenty days after the decision has been filed in the office of the city or town clerk. Timely commencement of an action under § 17 is a condition of maintaining the Chapter 40A appeal. Pierce v. Board of Appeals of Carver, 369 Mass. 804, 808 (1976). See also Iodice v. City of Newton, 397 Mass. 329, 333 91986) ("§ 17 established that a person aggrieved by a decision of a special permit granting authority must seek review of that decision, if at all,within twenty days of the filing of the decision in question");Cappuccio v. Zoning Board ofAppeals of Spencer,398 Mass. 304,311 (1986) ("That the plaintiffs failed to bring their[§ 17] appeal within this [twenty day] period is uncontested and the Superior Court judge was therefore without jurisdiction to entertain the appeal."). "Timely commencement of the appeal in the Superior Court is a condition of maintaining it, `a condition sine qua non,'and is a requirement this court has `policed in the strongest way."'Id. at 312. The Cappuccio case is instructive and persuasive to this court for its facts,as well as its statement of the applicable law. In that case,the action for judicial review of the board of appeals decision was filed twenty-one days after the decision had been filed with the town clerk. Thus, even a de minimus timeliness violation is not overlooked. Nor does prejudice from the late filing need to be shown. Moreover, the Court in Cappuccio rejected the argument advanced herein,that the failure of the 6 Town to mail a copy of the ZBA decision to National Refrigeration excuses the late filing. The Court acknowledged that§ 15 requires notice of the decision to be mailed forthwith to petitioner/applicant,but refused to extend the appeal period beyond the twenty days provided in § 15 for a failure to comply with the mailing requirement. The Court found that§ 17 specifically provided that the validly of any action shall not be questioned for matters relating to defects of notice such as a failure to mail the ZBA's decision as required by§ 15. Id.at 306-313 ("it is not a denial of due process to impose upon the plaintiffs the responsibility to inquire periodically of the town clerk whether the board's decision has been filed"). The Town also challenges the jurisdiction of this court because National Refrigeration failed to comply with the requirement in§ 17 that provides in pertinent part: "Notice of the action with a copy of the complaint shall be given to such city or town clerk so as to be received within such twenty days." Courts treat the failure to provide the required timely notice to the town clerk in the same way they treat a failure to continence timely a Chapter 40A judicial action. See e.g.Bingham v. City Council ofFitchburg,52 Mass.App.Ct.566,569(200 1)("if the required notice was not received within the twenty days,the appeal should be dismissed"). Nat only was notice to the town clerk not given with the twenty days following filing of the ZBA decision on January 26, 2016, the complaint in this case does not allege that notice 7 L of the filing of the action was provided to the town clerk at the time this action was commenced. The Town alleges that such notice was not given, and National Refrigeration has not alleged to the contrary. The court has considered but is not persuaded by either of National Refrigeration's arguments in opposition to the Town's motion to dismiss. First,the Court in Cappuccio,supra,specifically refused to extend the appeal period to ninety days for the failure to provide the required.mailed notice of the filing of the ZBA decision. Second,the complaint in this case does not plausibly suggest a defense of estoppel, that the Town should be estopped from relying on the twenty-day appeal period because the town clerk failed to mail a copy of the filed ZBA decision. As an initial matter,the failure to file a copy of the complaint in this case with the town clerk when this case was commenced,even if the late commencement of this action was excused, precludes any estoppel argument. Additionally, National Refrigeration has cited four cases involving late commencement of appeals from municipal boards in which estoppel was raised,but rejected by the courts. O'Blenes v. Zoning Board ofAppeals,397 Mass,555,558(1986);Burke v.PlanningBoard of Leicester, 2009 Mass. App. Unpub. LEXIS 711 (2009);McIntyre v. Karll, 23 LCR 14(2015); Calnan v. Planning Board, 63 Mass. App. Ct. 384 (2004). Counsel for .National Refrigeration admitted at the hearing in this cse that he is aware of no case 8 involving an untimely § 17 appeal, or other similar action, in which an estoppel argument has prevailed. Given the hesitancy of courts to recognize estoppel in cases where the jurisdictional filing deadline was missed, this court is not persuaded that this case should proceed further in this court. Thus,the Town's motion to dismiss the complaint will be allowed. The § 17 appeal is untimely and this court lacks jurisdiction to proceed further. The declaratory judgment count is also barred for lack of jurisdiction. See Iodice v. City of Newton,397 Mass. 329, 333 (1986) ("The present [declaratory judgment action] is no less an appeal under c. 40A, § 17, because it takes the form of a G.L. c.231A, declaratory judgment action."). ORDER The Town's motion to dismiss [D. S] is ALLOWED. Both sides to bear their own costs. imothy Q. Feele�fthe Associate Justice SuperiorCo June 27, 2416 9 I r' r URBELIS&FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 Telephone 978-475-4552 THOMAS.I.URBELIS Telephone 617-338-2200 e-mail tjar uf-law.com Telecopier 617-338-0122 June 28, 2016 Zoning Board of Appeals Town of North Andover 1600 Osgood Street North Andover, MA 01845 RE: National Refrigeration, Inc. v. Town of North Andover Zoning Board of Appeals Dear Members: This case started as an appeal to your Board from a determination by the Building Inspector regarding the dollar amount of plumbing permit fees. You upheld the Inspector and denied the appeal, citing the failure of the plumbing subcontractor to timely appeal to your Board. The subcontractor then appealed your decision to the Superior Court. Enclosed please find a copy of the Superior Court decision which agreed with our arguments and dismissed the lawsuit on the grounds that National Refrigeration, Inc. failed to timely appeal your decision to the Superior Court. National Refrigeration, Inc. has 30 days within which to file a Notice of Appeal to the Massachusetts Appeals Court. As always,please call if you have any questions. Very truly yours, Thoma �Urbelis TJU/saf Enclosure cc: Board of Selectmen(w/enc) Andrew Maylor(w/enc) Joyce Bradshaw(w/enc) Eric Kfoury (w/enc) l 1 COMMONWEALTH OF MASSACHUSETTS ESSEX,ss. SUPERIOR COURT CIVIL ACTION NO. 2016-00332-A NATIONAL REFRIGERATION,INC., Plaintiff VS. TOWN OF NORTH ANDOVER, by and through its Zoning Board of Appeals, Defendant MEMORANDUM AND DECISION ON DEFENDANT'S MOTION TO DISMISS PROCEDURAL BACKGROUND This action was commenced by pl ainti ffNational Refrigeration,Inc.("National Refrigeration") by means of a verified complaint on March 8, 2016. [D. 1]. The complaint contains two counts. Count I is brought under G.L.c.40A, § 17 and seeks review of a final decision of the Town of North Andover(the"Town")Zoning Board of Appeals ("ZBA"). The ZBA refused to consider, based on alleged untimeliness, National Refrigeration's challenge to the plumbing permit fees it paid to the Town in connection with plumbing services it rendered in connection with a much larger contract to construct approximately 196 residential units in the: Town. Count II is framed as a declaratory judgment action,and seeks a declaration about the lawfulness V of plumbing permit fees assessed by the Town based upon the total value of the general contract work,only some of which was for plumbing services performed by National Refrigeration, Essentially, National Refrigeration challenges the Town's assessment of plumbing permit fees,pursuant to G.L.c.40,§221 ,based on the value of the entire construction project, as opposed to the value of the plumbing subcontract. Now before the court is the Town's motion to dismiss the complaint in this case. [D.5]. A non-evidentiary hearing was held on May 10,2016 and continued and concluded on May 26, 2016. For reasons discussed below, the Town's motion to dismiss is ALLOWED. FACTUAL BACKGROUND Prior to the events in question in this case, the Town approved a proposal to develop and construct a site in the Town known as Berry Farms(the"project"). The developer entered into a contract with Pilot Construction, Inc. ("Pilot") for general contracting services in construction of the project. The value of the construction work under the contract with Pilot was $38,737,375.00. In July 2015,Pilot engaged National Refrigeration to provide plumbing services for the project. The value of the plumbing subcontract was $2,140,000.00. National Refrigeration applied for and received from the Town five separate plumbing permits. Each of the fees for the 2 i plumbing permits was calculated as a percentage of the value of'the general contract between the developer and Pilot. In total, the permit fees assessed and paid under protest by National Refrigeration totaled $58,107.00.1 After payment ofthe protested plumbing permit fees,questions arose and were discussed between the parties about National Refrigeration's right of judicial review to challenge to the reasonableness of the plumbing permit fees. Eventually,the ZBA scheduled a hearing on National Refrigeration's application for a finding that the plumbing permit fees assessed by the Town were not reasonably proportional to the costs expended by the Town's building department in administering the permit process. The hearing before the ZBA was conducted on January 12, 2016. The ZBA took the matter under advisement at that time. The ZBA filed. its written decision with the Town Clerk's Office on January 26, 2016. On its face,the decision stated: "Any appeal shall be filed within(20)days after the date of filing of this notice in the office of the Town Clerk,per Mass. Gen.L. Ch.40A, § 17." The ZBA unanimously 'National Refrigeration suggests in its complaint that if the same percentage was applied against the value of the plumbing subcontract, the total fees for the five permits would be only $3,210.00. [Compl. 112]. The court is not so sure that National Refrigeration's alternative calculation is relevant. If the Town calculated plumbing permit fees based on the value of the plumbing subcontract,rather than the value of the general contract,it would not be bound or required to use the same percentages to calculate the permit fees. Undoubtedly, a different and higher percentage would be used by the Town if the considerably lower subcontract value was used to determine the permit fees. 3 voted to uphold the assessed plumbing permit fees and deny National Refrigeration's request for a finding to the contrary. It does not appear to this court that the ZBA reached the merits of National Refrigeration's challenge to the manner of calculating plumbing permit fees. Rather,the ZBA found two jurisdictional defects in National Refrigeration's application for a finding: (1)National Refrigeration failed to present evidence that a copy of its appeal of the Town's assessed plumbing permit fees was filed(timely or otherwise)with the town clerk,as required by G.L.c.40A, § 15;and (2)National Refrigeration's purported appeal of the plumbing permit fees was not filed within thirty days of the date of the order or decision which is being appealed, as required by G. L. e. 40A, § 15. According to the complaint, counsel for National Refrigeration first received notice of the ZBA's decision on February 18, 2016, twenty-three days after it was filed with the town clerk.' On February 19,2016,National Refrigeration gave notice to the ZBA and the town clerk of its intention to appeal the January 23,2016 decision of the ZBA. This action was filed on March 8, 2016, nineteen days after National Refrigeration's receipt of the ZBA's decision,but forty-two days after the decision 2At the second day of the hearing,the Town presented the court with an affidavit asserting that the town clerk had timely mailed a copy of the ZBA decision to National Refrigeration's counsel.As the court must take as true the allegations in the complaint for purposes of the Town's motion to dismiss,the court does not consider the Town's contention that it timely mailed a copy of the ZBA decision to National Refrigeration,and accepts the allegation in the complaint that the mailing did not occur. 4 had been filed with the town clerk. [D. 1]. DISCUSSION In considering a motion to dismiss,"the allegations of the complaint, as well as such inferences as may be drawn therefrom in the plaintiffs favor,are to be taken as true." Nader v. Citron, 372 Mass. 96, 98 (1977). In considering a motion to dismiss, the court is bound by the four corners of the complaint, but a"copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes." Mass.R.Civ. P. 10(c). Here,the decision of the ZBA from which judicial review is sought is attached as the only exhibit to the complaint. The Town's motion to dismiss is not the typical challenge to the sufficiency of the factual allegations supporting the charged causes of action. See lannacchino v. Ford Motor Company, 451 Mass. 623,636(2008);Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Rather, the Town challenges the complaint on jurisdictional grounds, arguing that the appealof the ZBA's decision and the required notice to the town clerk were untimely, preventing this court from reaching and/or considering the merits of the appeal. G.L. c. 40A, § 17 provides in pertinent part: Any person aggrieved by a decision of the board of appeals or any special permit granting authority . . . whether or not previously a party . . may appeal to . . .the superior court department in which the land 5 I , concerned is situated. . .by bringing an action within twenty days after the decision has been filed in the office of the city or town clerk. Timely commencement of an action under § 17 is a condition of maintaining the Chapter 40A appeal. Fierce v. Board of Appeals of Carver, 369 Mass. 804, 808 (1976). See also Iodice v. City of Newton, 397 Mass. 329, 333 91986) ("§ 17 established that a person aggrieved by a decision of a special permit granting authority must seek review of that decision, if at all,within twenty days of the filing of the decision in question");Cappuccio v. Zoning Board ofAppeals of Spencer,398 Mass. 304,311 (1986)("That the plaintiffs failed to bring their[§ 17]appeal within this [twenty day] period is uncontested and the Superior Court judge was therefore without jurisdiction to entertain the appeal."). "Timely commencement ofthe appeal in the Superior Court is a condition of maintaining it, `a condition sine qua non,' and is a requirement this court has `policed in the strongest way."'Id. at 312. The Cappuccio case is instructive and persuasive to this court for its facts,as well as its statement of the applicable law. In that case,the action for judicial review of the board of appeals decision was filed twenty-one days after the decision had been filed with the town clerk. Thus, even a de minimus timeliness violation is not overlooked. Nor does prejudice from the late filing need to be shown. Moreover, the Court in Cappuccio rejected the argument advanced herein,that the failure of the 6 r Town to mail a copy of the ZBA decision to National Refrigeration excuses the late filing. The Court acknowledged that§ 15 requires notice of the decision to be mailed forthwith to petitioner/applicant,but refused to extend the appeal period beyond the twenty days provided in § 15 for a failure to comply with the mailing requirement. The Court found that§ 17 specifically provided that the validly of any action shall not be questioned for matters relating to defects of notice such as a failure to mail the ZBA's decision as required by§ 15. Id. at 306-313 ("it is not a denial of due process to impose upon the plaintiffs the responsibility to inquire periodically of the town clerk whether the board's decision has been filed"). The Town also challenges the jurisdiction of this court because National Refrigeration failed to comply with the requirement in § 17 that provides in pertinent part: "Notice of the action with a copy of the complaint shall be given to such city or town clerk so as to be received within such twenty days." Courts treat the failure to provide the required timely notice to the town clerk in the same way they treat a failure to commence timely a Chapter 40A judicial action. See e.g.Bingham v. City Council of Fitchburg,52 Mass.App.Ct.566,569(2001)("if the required notice was not received within the twenty days,the appeal should be dismissed"). Not only was notice to the town clerk not given with the twenty days following filing of the ZBA decision on January 26, 2016, the complaint in this case does not allege that notice 7 i of the filing of the action was provided to the town clerk at the time this action was commenced. The Town alleges that such notice was not given, and National Refrigeration has not alleged to the contrary. The court has considered but is not persuaded by either of National Refrigeration's arguments in opposition to the Town's motion to dismiss. First,the Court in Cappuccio,supra, specifically refused to extend the appeal period to ninety days for the failure to provide the required mailed notice of the filing of the ZBA decision. Second,the complaint in this case does not plausibly suggest a defense of estoppel, that the Town should be estopped from relying on the twenty-day appeal period because the town clerk failed to mail a copy of the filed ZBA decision. As an initial matter,the failure to file a copy of the complaint in this case with the town clerk when this case was commenced,even if the late commencement of this action was excused, precludes any estoppel argument. Additionally, National Refrigeration has cited four cases involving late commencement of appeals from municipal boards in which estoppel was raised,but rejected by the courts. O'Blenes v. Zoning Board ofAppeals,397 Mass.555,558(1986);Burke v.PlanningBoard of Leicester, 2009 Mass. App. Unpub. LEXIS 711 (2009);McIntyre v. Karll,23 LCR 14 (2015); Calnan v. Planning Board, 63 Mass. App. Ct. 384 (2004). Counsel for National Refrigeration admitted at the hearing in this cse that he is aware of no case 8 involving an untimely § 17 appeal, or other similar action, in which an estoppel argument has prevailed. Given the hesitancy of courts to recognize estoppel in cases where the jurisdictional filing deadline was missed, this court is not persuaded that this case should proceed further in this court. Thus,the Town's motion to dismiss the complaint will be allowed. The § 17 appeal is untimely and this court lacks jurisdiction to proceed further. The declaratory judgment count is also barred for lack of jurisdiction. See Iodice v. City of Newton, 397 Mass. 329, 333 (1986) ("The present [declaratory judgment action] is no less an appeal under c.40A, § 17,because it takes the form of a G.L. C. 231A, declaratory judgment action."). ORDER The Town's motion to dismiss [D.S] is.ALLOWED. Both sides to bear their own costs. imothy Q. Feeley Associate Justice f the Superior Co rt June 27, 2016 9 h r � 77, a t DECISION �',t�IhMluf�l4l"4�`, r,�r Ir ... ., ... � ...,. ,.... , ,ul XM � y��i'N� i ,e 4��p;pt�M1u'"`q. 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INTRODUCTION: The North Andover Zoning Board of Appeals held a public hearing at School Administration Building,at 566 Main Street,North Andover,MA on Tuesday,January 12,2016 at 7:30 PM on the application of Shannon Law Associates on behalf of National Refrigeration, Inc. for property located at 16 Berry Street(Map 106.D Parcel 0032),North Andover,MA 01845. The Petitioner is requesting a Finding(s) to appeal the determination made by North Andover Building Inspector also known as the Zoning Enforcement Officer and the reasonableness of the plumbing permit fees assesses by the Building Inspector to compensate the Town of North Andover for its anticipated regulatory expense. Il. PROCEDURAL HISTORY: i Legal notices were sent to all the certified abutters provided by the Town of North Andover, t Assessor's Office,and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on 12/29/2015 and 0.1/05/2016. The application.filed two 2 separate requests for hearing. The first informal application was dated on or about October 26, 2015 and was continued by the request of the applicant to the January 12,2016 Meeting.The 2"' application was dated,and published as noted herein.'Both applications were heard concurrently at the.January 12,2016 meeting. A i i +e i Town of North Andover i ZONING BOARD OF APPEALS Albert P.Manzi in,Esquire,Chairman � Ellen P.McIntyre,Vice-Chair D.Paul Koch Jr.,Esquire o� NORSN,t Doug Ludgin Allan Cuscia Associate Members * i Dency Morganthal °e Nathan weinreieh Alexandria A.Jacobs,EsquireSSACNto - i III.BACKGROUND: i 16 Berry Street(Map 106.D Parcel 0032),North Andover,MA.01845 Petitioners,Shannon Law Associates on behalf of National Refrigeration,Inc.is requesting a Finding(s)to appeal the determination made by Mr.Brown and the reasonableness of the plumbing permit fees assessed by the Building Department. - i i IV.EVIDENCE SUBMITED: i The Board takes note of the oral arguments presented at the public hearing by Attorney Shannon and the documentary evidence thereto for consideration as listed herein and incorporated by reference herein and takes notice of Massachusetts General Law and applicable legal authorities thereto. I The Building Inspector was not present at the meeting. Town Manager Andrew Maylor was present at the hearing and requested to be heard which was allowed by the Chairman. Mr. Maylor offered oral testimony suggesting that he did not believe the Zoning Board of Appeals was the proper venue for the petition and that the noted Board of Appeal as presented by Attorney Shannon was distinct from the North Andover Zoning Board of Appeals. j Procedurally,the petition submitted by Attorney.Shannon was filed with the Town outside of the noted thirty(30)day filing requirement. List of Documents Submitted: • Exhibit A-September 22,2015 Letter from Shannon Law Assoc.to Mr.Gerald Brown. • Exhibit B—September 23,2015 email from Mr.Brown to Shannon Law Assoc.,Town of North Andover Building Permit fees,Town of North Andover Plumbing Permit Fees, North Andover Fee Calculation,Berry Street Project Plumbing Permit Fees September 17,2015,October 26,2015 Letter from Shannon Law Assoc.to Town of North Andover ZBA, • October 27,2015 letter from Shannon Law Assoc.to Board of Appeals included application to Commonwealth of MA.Department of Public Safety. • December 17,2015 Town of North Andover ZBA application and documentation for a Finding. • January 11,2016 email from Thomas Urbelis to Merylle Chase:Re;National Refrigeration. . • Legal Notice Page 2 of 6 i PETMON:2015-010 V-` E 4 i r Town of North Andover ZONING BOARD OF APPEALS i Albert P.Manzi nl,Esquire,Chairman Ellen P.McIntyre,%rice-Chair D.Paul Koch Jr„Esquire Haug Ludgin }? a°," _• 'e btp # Allan Cuscin Associate Members Bency Marganthal q Nathan Weinreich Alexandria A.Jacobs,Esquire Sswcr+u5� • October 26,2015 Letter from Shannon Law—to Town of North Andover Zoning Board of Appeals. t • January 12,2016 Exhibit 1 submitted at ZBA meeting by Attorney Shannon regarding I Permit Fee Calculation. • LexisNexis—Annotated Laws of Massachusetts-Part I Administration of Government Title XX Public Safety and Good Order-Chapter 143 Inspection and Regulation of,and Licenses for,Buildings,Elevators and Cinematographs§100.State Building Code— Building Code Appeals Board. • LexisNexis—James M.Knott,Sr.vs.Town of Northbridge,State of Massachusetts, Appellate Division,Western District,2005 Mass.App Div. 135;.2005 Mass.App. Div. LEXIS 46,November 02,2005,Decided. • November 16,2015,Letter from the Commonwealth of Massachusetts,Department of Public Safety,Board of Building Regulations and Standards to Francis Shannon,III,Esq. • Copy of National Refrigeration Check 41086 • Copy of Town of North Andover Plumbing Permit#11.363 • Copy of Massachusetts Uniform Application for a Permit to Perform Plumbing Work. For Buildings 1,2,3,4&Club House,. • Abutter's list • December 15,2015 Letter of Authority for National Refrigeration • Quitclaim Deed V. FINDINGS: On or about September 18,2015 National Refrigeration,Inc.C National')was informed that $58,107 was the amount due for the plumbing permit fees for the project at.1.6 Berry Street. On September 22,2015,the office of Attorney Francis A.Shannon III,on behalf of National,by way of a letter to the Building Inspector made the inquiry advising that National had calculated the"Minimum Fee"based on the type of construction and number of units as well as the fee based on the cost of plumbing construction per the Town's published Plumbing Permit Fees, effective as of July 1,2002 and calculated the plumbing permit fees far less than the aforesaid fees quoted On September 23,2015,Mr.Brown,.by.way of electronic mail,replied advising the method for which the plumbing permit fees were calculated,which confirms the plumbing permit fees are based on the total cost of the Project($38,737,375.00),rather than the plumbing Subcontract cost performed by National($2,140,000.00), i On October 26,2015 Attorney Shannon wrote to the Zoning Board of Appeals stating: f "Accordingly,National hereby appeals the determination made by Mr.Brown Page 3 of ; PE1T1'iC1K-2065-010 _t E Town of North Andover j ZONING BOARD OF APPEALS Albert P.illaum III,Esquire,Chairman Ellen P.Melntyre,Vice-Chair ORfiH D:Paul Koch Jr,Esquire Doug Ludgin } ,a!° ._•.6'a�pt i Allan Cuseia o 13 Associate Atembers ^e r DeneyMorganthal Nathan Weinreich Alexandria A.Jacobs,Esquire S.KyLai s� and the reasonableness of the plumbing permit fees assessed by the Building Department to compensate the Town for its anticipated regulatory expense. ! Please docket the aforesaid appeal and advise the undersigned of the docket number and hearing date." i According to National's application(footnote 1): "On October 27,2015,National Refrigeration simultaneous to this appeal,filed an application for appeal with the State Building Code Appeals Board. On November 16,2015,the State Building Code Appeals Board returned National Refrigeration's application for appeal advising the State Building Code Appeals Board does not have jurisdiction to hear disputes concerning plumbing permit fees assessed by the Town of North Andover." I National also describes its appeal as a Request for Finding by stating: "Accordingly,National Refrigeration hereby appeals the determination made by Mr.Brown and requests a Finding that the plumbing permit fees charged to National Refrigeration are excessive in relation to the Building Department's regulatory expenses." National has not presented d any evidence that its appeal was filed with the Office of the Town Clerk Analysis Apparently,National is invoking M.G.L.ch.40A,§8 as jurisdiction for this Board to hear its appeal. Pursuant to M.G.L.ch.40A,§8,an appeal to the Zoning Board of Appeals may be taken by any person"aggrieved by an order or decision of the inspector of buildings.. " M.G.L.ch.40A,§15 states in part: "Any appeal tinder section eight to a permit granting authority shall be taken within thirty days from the date of the order or decision which is being appealed. The petitioner shall file a notice of appeal specif�i`ng theeounds thereof with the city or town clerk,and a copy of said notice,including date and time of filing certified by the town clerk,shall be filed forthwith by the petitioner with the officer or board whose order or decision is being appealed,and to the permit granting authority,specifying in the notice grounds for such appeal.Such officer or board shall forthwith transmit to the board of appeals or zoning administrator all documents and papers constituting the record of the ease in which the appeal is taken."(emphasis supplied) Page 4 of6 Pl;r1'I'I0N.20l5.010 ff� i Town of North Andover ZONING BOARD OF APPEALS Albert P-Manzi III,Esquire,Chairman Ellen P.McIntyre,Vice-Chair Nosrrti D.Paul Koeb Jr.,Esquire. GE "Itoqti Doug Ludgin 3t. o`'+ . ". ooc Allan Cuscia p i Associate Members t` w DencyMorganthaf Nathan Weinrtich Alexandria A.Jacobs,Esquire 9SS�eaus�t 1. Filing with the Town Clerk In deciding a case under§16 of former M.G.L.Chapter 40A,the Court stated in Greeley v. ZonWR Board of Appeals of Framin lg lam,350 Mass..549(1966): "The procedure for obtaining review under§16 is plain and unambiguous. `Any appeal under section thirteen shall be taken within thirty days...by filing a notice of appeal ... with the city or town clerk'(emphasis supplied). The filing of an appeal with someone other than the official designated by the statute is not an effective filing and does not confer jurisdiction. See Kravits v. Director of the Div. of Employment Security,326 Mass.419,421-422;Estey v. Director of the Div. of Employment Security,338 Mass. 797. National has not presented evidence that its appeal of Mr.Brown's determination was filed with the Town Clerk at any time,much less within the 30 days(from September 23, 2015)required by law: 2. Within 30 dans By September 18,National was aware of the amount of the-filing fee. On September 23,2015 the Building Inspector confirmed,by electronic mail,the amount of the filing fee. This purported"appeal"was dated October 26,2015,which is beyond the mandated 30 days as stated in G.L.ch.40A,-§15. It is well established that filing the"appeal"beyond 30 days deprives this Board of jurisdiction to make a decision on the merits of the appeal. See Gallivan v.Zoning Board of Appeals of Wellesley,71 Mass.App.Ct.850,857(2008);Connorsy.Annino,460 Mass.790(2011);Miles- Matthias v.Zoning Board of Appeals of Seekonk, 84 Mass.App.Ct.,778(2014) Accordingly,this Board does not have jurisdiction to decide National's appeal of the Building Inspector's decision After deliberations, the Board. of Appeals determined to find in favor of the North Andover Building Inspector upholding the Building Inspector's decision as to plumbing fees. The following regular voting members were present: Albert P.Manzi III,Ellen P.McIntyre,D. Paul Koch Jr,Doug Ludgin and Allan Cuscia. Page 5 of 6 II PETTrlON:2015.010 i Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esquire,Chairman Ellen P.Mclutyre,Viee-Chair A.Paul Koch Jr.,Esquire of wo.T, + bougLudginFy.4t4to- Allan Cuscia Associate Members t DeneyMorgnnthal NathanWeinreich 3y �swrro i Alexandria A.Jacobs,Esquire SsACHue� The following Associate members were present:Deney Morganthal,Alexandria Jacobs and Nathan Weinreich. D. Paul Koch made a motion to uphold the Inspector of Buildings Inspector's decision dated September 23,2015,and to thereby DENY the requested Finding of the party aggrieved National Refrigeration Inc.Allan Cuscia seconded the motion. Voting in favor of the motion to uphold the Building Inspector's decision as to plumbing fees and to thereby DENY the requested finding of National Refrigeration Inc:Albert P.Manzi III, Ellen P.McIntyre,D.Paul Koch Jr,Doug Ludgin and Allan Cuscia. NORTH ANDOVER ZONING BOARD OF APPEALS So Ordered, Nth Andover ning Board of Appeals lbert P. Manzi III,Esquire,Chairman Ellen P.McIntyre, D.Paul Koch Jr.,Esquire, Allan Cuscia Doug Ludgin Decision 2015-010 (Finding) Page 6 of 6 PETfrION:2015-010 Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esquire,Chairman Ellen P.Niel ntyre,Vice-Chair ��•0E}VE0 ,., �, D.Paul Koch Jr.,Esquire f NORrM q {y`.;;t ,,! Doug Ludgin aro`tt,au "6'6�OG Allan Cuscia o - A 2016,JAN 26 PM 4: 42 Associate Members 4 i * _ Town Clerk Time Stamp Dcney Morgauthal • o q > 1 W;t,= 0 �,vr,is t Nathan Weinreich �9SSACHuS�t5 r Alexandria A.Jacobs,Esquire MASS 40R i.H �s�y'�`�i"rt-r I"�C Sr10! USC 1 t Any appeal shall be filed within(20) days after the date of filing of this notice in the office of the Town Clerk, per Mass.Gen.L.ch.40A,§17 NATIONAL REFRIDGERATION INC. ) AGGREIVED PARTY ) V ) NORTH ANDOVER BUILDING INSPECTOR ) NOTICE OF DECISION PETITION 2015-010 I. INTRODUCTION: The North Andover Zoning Board of Appeals held a public hearing at School Administration Building, at 566 Main Street,North Andover, MA on Tuesday, January 12, 2016 at 7:30 PM on the application of Shannon Law Associates on behalf of National Refrigeration, Inc. for property located at 16 Berry Street (Map 106.D Parcel 0032),North Andover, MA 01845. The Petitioner is requesting a Finding(s) to appeal the determination made by North Andover Building Inspector also known as the Zoning Enforcement Officer and the reasonableness of the plumbing permit fees assesses by the Building Inspector to compensate the Town of North Andover for its anticipated regulatory expense. II. PROCEDURAL HISTORY: Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessor's Office,and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover, on 12/29/2015 and 01/05/2016. The application filed two 2 separate requests for hearing. The first informal application was dated on or about October 26, 2015 and was continued by the request of the applicant to the January 12,2016 Meeting.The 2nd application was dated,and published as noted herein. Both applications were heard concurrently at the January 12,2016 meeting. Town of North Andover ' ZONING BOARD OF APPEALS Albert P.Manzi III,Esquire,Chairman Ellen P.McIntyre,Vice-Chair D.Paul Koch Jr.,Esquire f NORTH q Doug Ludgin Allan Cuscia o A Associate Members 40 i Deney Morganthal Nathan Weinreich rsy �Awieo rPP�(5 Alexandria A.Jacobs,Esquire SSACHUSE III. BACKGROUND: 16 Berry Street(Map 106.1)Parcel 0032),North Andover,MA. 01845 Petitioners, Shannon Law Associates on behalf of National Refrigeration,Inc.is requesting a Finding(s)to appeal the determination made by Mr.Brown and the reasonableness of the plumbing permit fees assessed by the Building Department. IV.EVIDENCE SUBMITED: The Board takes note of the oral arguments presented at the public hearing by Attorney Shannon and the documentary evidence thereto for consideration as listed herein and incorporated by reference herein and takes notice of Massachusetts General Law and applicable legal authorities thereto. The Building Inspector was not present at the meeting. Town Manager Andrew Maylor was present at the hearing and requested to be heard which was allowed by the Chairman. Mr. Maylor offered oral testimony suggesting that he did not believe the Zoning Board of Appeals was the proper venue for the petition and that the noted Board of Appeal as presented by Attorney Shannon was distinct from the North Andover Zoning Board of Appeals. Procedurally,the petition submitted by Attorney Shannon was filed with the Town outside of the noted thirty(30)day filing requirement. List of Documents Submitted: a Exhibit A—September 22,2015 Letter from Shannon Law Assoc.to Mr. Gerald Brown. a Exhibit B—September 23,2015 email from Mr. Brown to Shannon Law Assoc.,Town of North Andover Building Permit fees,Town of North Andover Plumbing Permit Fees, North Andover Fee Calculation,Berry Street Project Plumbing Permit Fees September 17,2015, October 26,2015 Letter from Shannon Law Assoc.to Town of North Andover ZBA, a October 27,2015 letter from Shannon Law Assoc.to Board of Appeals included application to Commonwealth of MA.Department of Public Safety. a December 17,2015 Town of North Andover ZBA application and documentation for a Finding. a January 11,2016 email from Thomas Urbelis to Merylle Chase: Re;National Refrigeration. a Legal Notice Page 2 of 6 PETITION:2015-010 Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi 111,Esquire,Chairman Ellen P.McIntyre,Vice-Chair D.Paul Koch Jr.,Esquire aGRTM y Doug Ludgin3 <T,eO a e�- Allan Cuscia o YL A Associate Members Dency Morganthal Nathan weinreich �i °q,T.°•°a'`a5 Alexandria A.Jacobs,Esquire 9SSgeHuS�� • October 26,2015 Letter from Shannon Law—to Town of North Andover Zoning Board of Appeals. • January 12,2016 Exhibit 1 submitted at ZBA meeting by Attorney Shannon regarding Permit Fee Calculation. • LexisNexis Annotated Laws of Massachusetts-Part I Administration of Government Title XX Public Safety and Good Order—Chapter 143 Inspection and Regulation of,and Licenses for,Buildings,Elevators and Cinematographs §100. State Building Code— Building Code Appeals Board. • LexisNexis—James M. Knott, Sr.vs. Town of Northbridge, State of Massachusetts, Appellate Division,Western District,2005 Mass.App Div. 135; 2005 Mass.App. Div. LEXIS 46,November 02,2005,Decided. • November 16,2015,Letter from the Commonwealth of Massachusetts,Department of Public Safety,Board of Building Regulations and Standards to Francis Shannon,III,Esq. • Copy of National Refrigeration Check 41086 • Copy of Town of North Andover Plumbing Permit#11363 • Copy of Massachusetts Uniform Application for a Permit to Perform Plumbing Work. For Buildings 1,2,3,4&Club House,. • Abutter's list • December 15,2015 Letter of Authority for National Refrigeration • Quitclaim Deed V. FINDINGS: On or about September 18,2015 National Refrigeration,Inc. ("National")was informed that $58,107 was the amount due for the plumbing permit fees for the project at 16 Berry Street. On September 22,2015, the office of Attorney Francis A. Shannon III,on behalf of National,by way of a letter to the Building Inspector made the inquiry advising that National had calculated the"Minimum Fee"based on the type of construction and number of units as well as the fee based on the cost of plumbing construction per the Town's published Plumbing Permit Fees, effective as of July 1,2002 and calculated the plumbing permit fees far less than the aforesaid fees quoted. On September 23,2015,Mr.Brown,by way of electronic mail,replied advising the method for which the plumbing permit fees were calculated,which confirms the plumbing permit fees are based on the total cost of the Project($38,737,375.00),rather than the plumbing Subcontract cost performed by National($2,140,000.00), On October 26,2015 Attorney Shannon wrote to the Zoning Board of Appeals stating: "Accordingly,National hereby appeals the determination made by Mr.Brown Page 3 of 6 PETTfION:2015-010 Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi 111,Esquire,Chairman Ellen P.McIntyre,Vice-Chair D.Paul Koch Jr.,Esquire r10RT11 Doug Ludgin F?0`�t�a° I6+6�00� Allan Cuscia Associate Members Deney Morganthal ► Nathan Weinreich Alexandria A.Jacobs,Esquire SSACHt15�� and the reasonableness of the plumbing permit fees assessed by the Building Department to compensate the Town for its anticipated regulatory expense. Please docket the aforesaid appeal and advise the undersigned of the docket number and hearing date." According to National's application(footnote 1): "On October 27,2015,National Refrigeration simultaneous to this appeal, filed an application for appeal with the State Building Code Appeals Board. On November 16,2015,the State Building Code Appeals Board returned National Refrigeration's application for appeal advising the State Building Code Appeals Board does not have jurisdiction to hear disputes concerning plumbing permit fees assessed by the Town of North Andover." National also describes its appeal as a Request for Finding by stating: "Accordingly,National Refrigeration hereby appeals the determination made by Mr.Brown and requests a Finding that the plumbing permit fees charged to National Refrigeration are excessive in relation to the Building Department's regulatory expenses." National has not presented any evidence that its appeal was filed with the Office of the Town Clerk. Analysis Apparently,National is invoking M.G.L. ch. 40A, §8 as jurisdiction for this Board to hear its appeal. Pursuant to M.G.L. ch.40A, §8,an appeal to the Zoning Board of Appeals may be taken by any person"aggrieved by an order or decision of the inspector of buildings ..." M.G.L. ch.40A, §15 states in part: "Any appeal under section eight to a permit granting authority shall be taken within thigy days from the date of the order or decision which is being appealed. The petitioner shall file a notice of appeal specifying the grounds thereof,with the city or town clerk,and a copy of said notice,including date and time of filing certified by the town clerk, shall be filed forthwith by the petitioner with the officer or board whose order or decision is being appealed,and to the permit granting authority,specifying in the notice grounds for such appeal. Such officer or board shall forthwith transmit to the board of appeals or zoning administrator all documents and papers constituting the record of the case in which the appeal is taken."(emphasis supplied) Page 4 of 6� PETITION:2015-010 • Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi Ill,Esquire,Chairman Ellen P.McIntyre,Vice-Chair D.Paul Koch Jr.,Esquire f NORTH q Doug Ludgin 3b.6tiO Allan Cuscia `p Associate Members Deney Morganthal Nathan Weinreich Alexandria A.Jacobs,Esquire �SsgCHUSE� 1. Filing with the Town Clerk In deciding a case under §16 of former M.G.L. Chapter 40A,the Court stated in GreeleY v. Zoning Board of Appeals of Framinlg iam, 350 Mass. 549(1966): "The procedure for obtaining review under§16 is plain and unambiguous. `Any appeal under section thirteen shall be taken within thirty days ...by filing a notice of appeal ... with the city or town clerk'(emphasis supplied). The filing of an appeal with someone other than the official designated by the statute is not an effective filing and does not confer jurisdiction. See Kravits v. Director of the Div. of Employment Security,326 Mass.419,421-422;Estey v. Director of the Div. of Employment Security, 338 Mass. 797. National has not presented evidence that its appeal of Mr.Brown's determination was filed with the Town Clerk at any time,much less within the 30 days(from September 23, 2015)required by law. 2. Within 30 days By September 18,National was aware of the amount of the filing fee. On September 23,2015 the Building Inspector confirmed,by electronic mail,the amount of the filing fee. This purported"appeal"was dated October 26,2015,which is beyond the mandated 30 days as stated in G.L. ch. 40A, §15. It is well established that filing the"appeal"beyond 30 days deprives this Board of jurisdiction to make a decision on the merits of the appeal. See Gallivan v. Zoning Board of Appeals of Wellesley, 71 Mass.App.Ct. 850, 857(2008); Connors v.Annino.460 Mass. 790(2011);Miles- Matthias v.Zoning Board of Appeals of Seekonk, 84 Mass.App.Ct., 778 (2014) Accordingly,this Board does not have jurisdiction to decide National's appeal of the Building Inspector's decision. After deliberations, the Board of Appeals determined to find in favor of the North Andover Building Inspector upholding the Building Inspector's decision as to plumbing fees. The following regular voting members were present: Albert P. Manzi III,Ellen P.McIntyre,D. Paul Koch Jr,Doug Ludgin and Allan Cuscia. Page 5 of 6 PETITION:2015-010 Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esquire,Chairman Ellen P.McIntyre,Vice-Chair D.Paul Koch Jr.,Esquire f NoRTy Doug Ludgin o Allan Cuscia Associate Members s "► Deney Morgauthal ^D 4 y" a Nathan Weinreich D4ATlD rvR qy Alexandria A.Jacobs,Esquire 9SSgCHUSk� The following Associate members were present:Deney Morganthal,Alexandria Jacobs and Nathan Weinreich. D. Paul Koch made a motion to uphold the Inspector of Buildings Inspector's decision dated September 23,2015,and to thereby DENY the requested Finding of the party aggrieved National Refrigeration Inc.Allan Cuscia seconded the motion. Voting in favor of the motion to uphold the Building Inspector's decision as to plumbing fees and to thereby DENY the requested finding of National Refrigeration Inc:Albert P.Manzi III, Ellen P. McIntyre,D. Paul Koch Jr,Doug Ludgin and Allan Cuscia. NORTH ANDOVER ZONING BOARD OF APPEALS So Ordered, jNh dover ning Board of Appeals Manzi III, Esquire,Chairman Ellen P.McIntyre, D. Paul Koch Jr.,Esquire Allan Cuscia Doug Ludgin Decision 2015-010 (Finding) PETITION:2015-010 Page 6 of 6 rJ ..UtJ4 $0.71- m v � hl�allClUClltO�lCll ]LawA�5�t0>�C lt<i3llr�e�,=�E]C11�C.. � - US POSTAGE c OLT -F4R— -CLASS i0)(0)CrOwint Colony1DirP v(e� Sulilte �p� � •�, a a. 91 w µ:t+ :"lam FF2�1M X2169 � ( )iu(u1mCYf Ay[a ,a� i�� 1clhniu« �tit �eS o2n6„ sro,( (o) FF.B 19 2016.. � L9 99 D v Ca Fs,r., Channian D r�._-ning Board of Appeals FEB 23 2016 Divisionof Co nniuriit Find Economics ;fie;elopment Twmn.of North Ando%--r 1600 Osgoc,d Stre er, Suite ?03S BOARD.OF APPEALS North.Ariciaver MA 01845-105? r F APPLICATION ::T. �l +m F m au dl�r�.. x I 1.. I, ...L.. .�. ,, ,�,.,., I1��„•. ,y rt r �., µM ,„ r:.l. ;�:, 4 -. a.i'.:a 1C ,I�;Ik 7. , •. F.:.� s a'F !.. , n � �,.,. ..,��. n �mr^ n.... '.'.n I ”. r � sE:«".� � !; a u' •::.� �. 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Y's .�.i�. {�3 �'., dF+ax>�F-�{' + � y�; d,1.• h a 1' M• .ir., f ^;L w ,y 1, a n -�, ��wr ,� I;>• �-e,�` do OR Ms .yt 5 .r+•4' � r }fig ,yY'' s °r ,sat Y i ;Yr En�cr-ea 61 PERMIT FEE CALCULATION F S h cvi n o n , F—s q . EITHER: I I a ] 1. Percent of Estimated Construction Cost: Cost of Construction $2,140,000.00 Rate Schedule New Building x .015 Subtotal $32,100.00 Rate Schedule New Building - 10 Total $3,210.00 OR 2. Minimum Fee: Building Fixture Nos. Per Fixture Total Fixture $ Building 1 530 $5.50 $2,915.00 Building 2 760 $5.50 $4,180.00 Building 3 613 $5.50 $3,371.50 Building 4 613 $5.50 $3,371.50 Clubhouse 40 $5.50 $220.00 Total 2,556 -- $14,058.00 5317:004:Permit Fee Calculation haununho n Law A qo(6ates, 11int c.. 015 DEC 11 RFS 10 55 T Over it0 ; December 17, 2015 In hand Ms. Merylle C. Chase Department Assistant Zoning Board of Appeals Division of Community and Economic Development Town of North Andover 1600 Osgood Street, Suite 2035 North Andover, MA 01845 RE: Application For Finding of National Refrigeration,Inc. Petitioner: National Refrigeration, Inc. Owner: North Andover Holdings, LLC Prope 16 Berry Street,North Andover, Massachusetts Dear Ms. Chase: As you may recall,this office represents National Refrigeration, Inc. ("National Refrigeration"). As such,please find the enclosed twelve(12) copies(item one below), which have been time stamped by the Clerk for the Town of North Andover,plus the following: 1. Application For Finding Package Of National Refrigeration, Inc.; 2. Shannon Law Associates, Inc.'s check no. 5617, payable to the Town of North Andover in the amount of$291.97 for certified mail postage fees for all persons on the Abutter's List; 3. First Class Mail postage stamps for each Abutter plus two; and 4. Four(4) sets of mailing labels from the Abutter's List plus the applicant. Previously on October 26, 2015, Shannon Law Associates, Inc. issued check no. 5 590,payable to the Town of North Andover in the amount of$100.00 representing the filing fee for National Refrigeration's appeal. Accordingly,please prepare the Legal Advertisement for the enclosed Application For Finding and thereafter furnish same to the undersigned. ,,00 Crown Colony Drive, Suite 504 0 Qu ijncy, Massachusetts oU69 0 (6n,7) 0 ]Fax: (617) 479-1233. Ms. Merylle C. Chase Department Assistant Zoning Board of Appeals Division of Community and Economic Development Town of North Andover December 17, 2015 Page 2 Thank you. Very truly yours, Francis A. Shannon, III FAS/ms enclosures cc: Mr. Jack F. King, Jr.,National Refrigeration, Inc. (by email only) 5317:004:12-171trFAS-ZBA i 551hlatinti 11ont ]Lanw Associates, 11intc, October 26, 2015 By certified mail, return receipt requested Town of North Andover North Andover Zoning Board of Appeals 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 RE: Application For Appeal of National Refrigeration,Inc. Owner: North Andover Holdings, LLC GC: Pilot Construction, Inc. Subcontr.: National Refrigeration, Inc. Parcel ID: 210/106.D-0033-0000.0 Project: Berry Farms 16 Berry Street,North Andover, Massachusetts Dear Sir or Madam: Please be advised,this office represents National Refrigeration, Inc. ("National"), as applicant. This shall serve as National's Application For Appeal relative to the fees assessed by the Building Department for the Town of North Andover("Building Department")relative to the plumbing permits procured by National for plumbing construction services performed or to be performed at the above-referenced Project., As reasons for its Application For Appeal,National sets forth as follows: North Andover Holdings, LLC ("North Andover Holdings"), as owner,entered into a general/prime contract("Contract")with Pilot Construction, Inc. ("Pilot"), as general contractor,pursuant to which Pilot agreed to furnish construction and construction related services for the project known as Berry Farms located at 16 Berry Street,North Andover, Massachusetts ("Project"). Upon information and belief,the value of Pilot's Contract is approximately$38,737,375.00. The Project, which was approved by the Zoning Board of Appeals ("Board"), includes the construction of approximately 196 residential units spread throughout four(4)buildings and the construction of a Clubhouse building. 'National,as applicant,recognizes the Rules And Regulations and January 1,2006 Memorandum of the Zoning Board of Appeals('Board")requires every applicant for any action by the Board shall be made on the official form available from the Board. However,the various forms made available by the Board (Variance,Special Permit,or Finding)do not relate to the type of relief for which the applicant National seeks relief herein. Soo Crown Colony ]Drive, Suite 5,04 0 Quincy, Massachusetts o2116q 0 (6117)479=n5,n3 0 ]Falk.(6117) 479-1233 Town of North Andover North Andover Zoning Board of Appeals i October 26, 2015 Page 2 In furtherance of its Contract with North Andover Holdings, Pilot, as general contractor, and National, as subcontractor, entered into a subcontract("Subcontract") pursuant to which National agreed to furnish construction and construction related services for the plumbing work at the Project. The value of National's,plumbing Subcontract is $2,140,000.00. Thereafter,National, as plumbing subcontractor, applied for the plumbing permits for work at the Project. The Building Department quoted permit fees for the plumbing work totaling$58,107.00, which is allocated as follows: Permit No. Building Amount 11363 1 $9,878.00 2 $18,013.00 3 $14,527.00 4 $14,527.00 Clubhouse $1,162.00 -- Total Fees $58,107.00 The$58,107.00 total plumbing permit fees are based on the total cost of the Project($38,737,375.00),rather than the estimated cost of the plumbing construction work to be performed by National ($2,140,000.00). In order to comply with its Subcontract obligations,National began procuring plumbing permits and paying said fees under protest. On September 22, 2015, this office on behalf of National,by way of letter,made inquiry to Mr. Gerald Brown("Mr. Brown"), Inspector of Buildings for the Building Department, advising National had calculated the "Minimum Fee" based on the type of construction and number of units as well as the fee based on the cost of plumbing construction per the Town's published Plumbing Permit Fees, effective as of July 1, 2002 and calculated the plumbing permit fees far less than the aforesaid fees.quoted. See Exhibit A(September 22, 2015 letter of Shannon Law Associates, Inc. to Mr. Brown). On September 23, 2015, Mr. Brown,by way of electronic mail, replied advising the method for which the plumbing permit fees were calculated, which confirms the plumbing permit fees are based on the total cost of the Project($38,737,375.00), rather than the plumbing Subcontract cost performed by National ($2,140,000.00). See Exhibit B (September 23, 2015 electronic mail and attachment of Mr. Brown to Francis A. Shannon, III). Accordingly,National hereby appeals the determination made by Mr. Brown and the reasonableness of the plumbing permit fees assessed by the Building Department to compensate the Town for its anticipated regulatory expense. Please docket the aforesaid appeal and advise the undersigned of the docket number and hearing date. Also enclosed Town of North Andover North Andover Zoning Board of Appeals October 26, 2015 Page 3 herewith is Shannon Law Associates, Inc.'s check in the amount of$100.00 representing the filing fee for an appeal of an official's decision. Thank you. Very truly yours, Francis A. Shannon, III FAS/ms enclosures cc: Mr. Jack F. King, Jr.,National Refrigeration, Inc. (by email only) Mr. Gerald Brown, Zoning Enforcement Officer, Town of North Andover (by certified mail, return receipt requested) 5317:004:10-261trFAS-ZBA APPLICATION FOR FINDING PACKAGE OF NATIONAL REFRIGERATION, INC. Petitioner: National Refrigeration,Inc. Property Owner: North Andover Holdings, LLC Pro e : 16 Berry Street,North Andover,Massachusetts INDEX Tab Sub-Tab Date Document 1. -- -- Introduction 2: -- 09/23/15 Electronic mail of Gerald Brown,Inspector of Buildings for Town of North Andover, explaining calculation for building permit fees for 16 Berry Street in North Andover 3. -- 12/17/15 Application For A Finding of National Refrigeration,Inc. -- 1. -- Sections Under Which Petition For Finding Is Made -- A. -- Mass. Gen.L. c. 143, § 100 -- B. -- Knott v.Town of Northbridge, 2005 Mass.App. Div. 135 (Western Dist. Nov.2, 2005) -- C. 11/16/15 Letter of Patricia Barry,BBRS Appeals Board Coordinator for Building Code of Appeals Board,to Shannon Law Associates,Inc.returning appeal of National Refrigeration,Inc.to Building Code of Appeals Board for lack of jurisdiction -- 2. -- Description Of Finding Request -- A. 09/18/15 Payment and Plumbing Permit for Building 1 -- B. 12/09/15 Application,Payment,and Plumbing Permit for Building 2 -- C. 11/03/15 Application,Payment, and Plumbing Permit for Building 3 -- D. 12/09/15 Application,Payment, and Plumbing Permit for Building 4 -- E. 10/06/15 Application,Payment, and Plumbing Permit for Clubhouse Building -- F. 09/22/15 Shannon Law Associates,Inc. letter to Gerald Brown,Inspector of Buildings for Town of North Andover,requesting explanation for calculation of plumbing permit fees for 16 Berry Street in North Andover -- G. 09/23/15 Electronic mail of Gerald Brown,Inspector of Buildings for Town of North Andover,explaining calculation for building permit fees for 16. Berry Street in North Andover 4. -- 12/15/15 Abutter's List 5. -- 12/15/15 Letter of Authority for National Refrigeration,Inc. 6. -- 05/01/12 Deeds for 16 Berry Street in North Andover 06/26/15 (Book 12923,Page 102 and Book 14277,Page 28) 5317.004-Package Cover-Index • • i INTRODUCTION National Refrigeration,Inc. ("National Refrigeration"), as petitioner,requests a Finding concerning the reasonableness of the plumbing permit fees charged by the Building Department for the Town of North Andover("Building Department"). National Refrigeration, as plumbing subcontractor, applied for the plumbing penmits for work at the project known as Berry Farms located at 16 Berry Street,North Andover,Massachusetts ("Project"). The Building Department quoted permit fees for the plumbing work totaling $58,107.00,which was paid by National Refrigeration under protest, and is allocated as follows: Permit No. Building Amount 11363 1 $9,878.00 11530 2 $18,013.00 11471 3 $14,527.00 11531 4 $14,527.00 11391 Clubhouse $1,162.00 -- Total Fees $58,107.00 The $58,107.00 total plumbing permit fees charged by the Building Department is excessive. The plumbing permit fees are based on the total cost of the Project($38,737,375.00), rather than the estimated cost of the plumbing construction work to be performed by National Refrigeration($2;140,000.00). Accordingly,National requests a Finding that the plumbing permit fees charged to National Refrigeration by the Building Department are excessive in relation to the Building Department's regulatory expenses.l I On October 26,2015,National Refrigeration filed an appeal with the North Andover Zoning Board of Appeals. Subsequent thereto,the Zoning Board of Appeals requested National Refrigeration submit said appeal through a Finding request. • 2 I i Francis A. Shannon,III, Esq. From: Brown,Gerald <GBrown @townofnorth andover.com> Sept: Wednesday,September 23,2015 11:45 AM To: Francis A.Shannon,III, Esq.;Thomas Urbeiis(tju@uf-law.com) Cc: Kfoury,Eric Subject: National/BerryFarms-Plumbing Fees for Berry Street Project Attachments: 201509230824.pdf Dear Mr,Shannon, In response to your letter received by email on September 22,2015,the fallowing documentation outlines our fee schedule- On cheduleOn page two please refer to part A and B located at the top of the page for the calculation of the building permit fee. On page three please refer to 1. Rate Schedule for New Building located at the top of the page'for the calculation of the plumbing permit fee. On page four is the North Andover Fee Calculation based on the cost of the job for plumbing and electrical. For a job that costs$38,737,375.00 the plumbing fee is$58,106.06 for four residential buildings and one community building. On page five the total fee broken down by building based on the square footage of each. Please be aware that a plumbing permit(#11363)was issued on September 18,2015 in the amount of$9878.00 for Building#1 at 16 Berry Street. Thank you, Gerald Brown Inspector of Buildings Town of North Andover 4 ---Original Message-- From: noreply@townofnorthanfover,com fmailto:noreply(d)townofnor hanfover.comj Sent:Wednesday,September 23,2015 8:24 AM To: Brown,Gerald Subject: Message from"CommDev-Ricoh" This E-mail was sent from"CommDev-Ricoh" (Aficio MP C4502). Scan Date:09.23.2015 08:24:00(-0400) Queries to: noreply@townofnorthanfover.com All email messages and attached content sent from and to this email account are public records unless qualified.as an exemption under the Massachusetts Public Records Law. Visit us online at www.tcwnofnorthandover,com Social Networks . twitter.com/north_andover www,facebook.com/north6ndoverma 1 Shannon Law\ Associates, ][mlc, September 22,2015 By facsimile(1-978-688-9542) (2 pages) and regular mail Mr. Gerald Brown,Inspector of Buildings Town of North Andover Building Department 1600 Osgood Street Building 20, Suite 2035 North Andover,MA 01845 RE: Owner: North Andover Holdings,LLC GC: Pilot Construction,Inc. Sub.: National Refrigeration,Inc. Pjgi Berry Farms Berry Street,North Andover,MA("Project"1 Dear Mr. Brown: This office represents National Refrigeration,Inc. ("NRI"). It is our understanding that NRI has applied for a plumbing permit in connection with the above- referenced Project and was quoted a permit fee of$58,106.00 and that such fee was based on the total cost of the Project,rather than the estimated cost of the construction to be performed by NRI. Our client has calculated the "Minimum Fee"based on the type of construction and number of units as well as the fee based on the cost of plumbing construction per the Town of North Andover's published Plumbing Permit Fees, effective as of July 1,2002 and has calculated permit fees far less than the fee quoted. Kindly advise how your office calculated the permit fee for NRI's proposed plumbing work and the basis of same. This facsimile transmission and the accompanying documents contain legally privileged and confidential information, The information is intended only for the use of the recipient(s)named herein. If you are not an intended recipient,you are hereby notified that any disclosure,copying, distribution or ezploitation of,or the taking of any action in reliance on,the contents of this facsimile is strictly prohibited. If you have received this facsimile in error,please notify us immediately by telephone to arrange for return of the original documents at our expense. Soo Crown tColloiriy Drive, Suite 504 0 Q_uci nc, Massachusetts o216g 0 (617)479-113113 0 Tax: (6x7)9i7q-xZ33 Mr. Gerald Brown,Inspector of Buildings Town of North Andover Building Department September 22,2015 Page 2 Thank you. Very truly yours, I Francis A. Shannon,III FAS/ms cc: Mr. Jack F.King,Jr. (by email only) Thomas J.Urbelis,Esq. (by email only) 5317:004:09-22ltFAS-GB l i I I � � ' A NORTR o TOWN OF NORTH ANDOVER BUILDING PERMIT FEES S�CH.fiE Building Permit Fees exclusive of mechanical and utility,fees A. The estimated cost of new construction shall be based on a cost factor of one hundred twenty five ($125.00)dollars per square foot, B. Estimated construction of additions,alterations,and remodeling shall be the actual contract price. The permit fees shall be twelve dollars($12.00)per thousand based on the estimated costs of construction. C. Copies of actual contract price may be required with building permit application. Fees adopted by the Board of Selectmen: 6-26-2006 Effective 7-1-2006 Miscellaneous Fees Fee Minimum Building Permit Fee $30.00 First$4,000.00 cost(or$12.00)per thousand of estimated construction cost,which ever is greater Certificate of Occupancy—For Existing Structures $100.00 Certificate of Occupancy—New Construction $100.00 (to be paid upon issuance of Building Permit) $50.00 Temporary or Partial Certificate of Use,$50.00 and or Use and Occupancy,per month Chimney/Fireplace—First$1,600.00 cost $30.00 (or$1.2.00)per thousand of estimated construction cost,whichever is greater) Signs $30.00 (or$12.00 per thousand of estimated construction cost,whichever is greater Temporary Construction Sign-6 mos.Permit $50.00 Temporary Construction Trailer—6 mos.Permit $50.00 Reissue of Revoked/Suspended Building Permit $100.00(per time) Extension of Building Permit—6 mos.,two time limit $50.00 Replacement of Building Card $50.00 Demolition Permit $1.00 to$2,000.00 $30.00 (or$12.00 per thousand of estimated demolition cost, whichever is greater Reinspection Fee—Residential Structures $30.00 per trip Reinspection Fee—Commercial,Industrial or Education Structures $30.00 per trip Certificate of Inspection&Certificate of Structures Per Sec Table 106—Restaurants,Bars $100.00 Certificate of Inspection -Lodging +5 Units ea add unit $100.00 $ 10.00 In the event that work is started prior to the issuance of building permit,the permit fee will double Of•,IOflTM 74 :,•; a F; TOWN OF NORTH ANDOVER ' PLUMBING PERMIT FEES Fees adopted by the Board of Selectmen: 6-24-2002 Effective 7-1-2002 I, Rate schedule for New Building,Additions and Alterations(Residential,commercial or Industrial&Education)I/101h of 1.5%of the estimated cost of construction or the minimum fee,whichever is greater. 2. Residential(One(1)permit per building/unit required) Minimum Fee Fixture Fee Single Dwelling $55.00 $5.50 Single Dwelling—Renovation to Existing 25.00 5.50 ea. Single Dwelling—Addition 25.00 5.50 ea. Condominium/Townhouse—Unit 45.00 5.50 ea. Replacement of Existing Fixtures Only 30.00 2.50 ea. Reinspection Fee 30.00 ea. 3. Commercial&Industrial(One(1)permit per building/unit required) Minimum Fee Fixture Fee Large Building $175.00 $5.50 ea. Large or Small Building Divided in Store,Office Office Manufacturing Units,etc. 85.00 5.50 ea. Additions Renovations 85.00 5.50 ea. Reinspecton Fee 30.00 ea.Per trip 4. Miscellaneous Fee Minimum Fee Electric or Gas Hot Water Heaters (Plumbing Replacement Only) $30.00 ea. Residential BackflowPreventers (Lawn Sprinkler&Sprinkler Head for Boiler(s) 25.00 ea. Commercial Backflow Preventers 60.00 ea. Capped Sewer Lines for Demolition 30.00 ea. 5. Special Fees Repair and Maintenance Permit(for condominium(s)Townhouse(s),Commercial,Industrial and Educational),up to two(2) plumbers,(must have licensed plumber on staff). $250.00 per quarter. Log must be kept for inspection when permit is renewed each quarter or as requested by the Plumbing Inspector. Other fees,if not listed,to be determined by the Plumbing Inspector and shall not exceed$250.00. The applicable fee will double when work begins without the proper Plumbing Permit. Enter construction cost for fee cal- North Andover Fee Cakulation Construction Cost 3837:37,375.0:0 $ 464,848.50 Plumbing Fee $ 58,106.06 Gas Fee 100 comm. Electrical Fee $ 58,106.06 Total fees collected $ 581,160.63 BERRY STREET 40B Berry Street Project 9/17/2015 Plumbing Permit Fee Sq. Footage %Sq. Footage $ Fee For of Each Building of Each Building Each Building To Total Based on%of Sq. Ft. Building 1 52824 17% $9,878.00 Building 2 96961 31% $18,013.00 Building 3 76748 25% $14,527.00 Building 4 77506 25% $14,527.00 Clubhouse 5860 2% $1,162.00 &Shed Total 309899 100% $58,107.00 • �i B SHANNON LAW ASSOCIATES INC. 5590 300 CROWN COLONY DR STE 604 QUINCY,MA 02169 53-13/156 3-13/1MA DATE h )z 56504 PAY TO THE ORDER OF rJ 4r-tdn()4 llnlrm, $ St.elf) DOLLAR Bankof America ACH Rfr 011000138 FOR1*9 1)4 NP Ls 11'00 "1 1:0110001381: 0000270541, 26111 • 3 �3 I Page 2 of 4 Date&Time Stamp Application fora FINDING ' 4 AL,7 NORTH ANDOVER BOARD OF APPEALS r i G 1. Petitioner: Name, address and telephone number: � t National Refrigeration, Inc. , 3600 West Shore Road, Warwick, RI 02886 401 737-2000 737-2000 i } 'The petitioner shall be entered on the legal notice and the decision as entered above. !' 2. Owners of Land: Name, Address and Telephone number and number of } years under this ownership: _ F E l ! North Andover Holdings, LLC, clo The Dolben Company„ Tnr. , 150 Presi&-ntial Way.r yi -i SLi P 790, Wnh>>'rn} MA 01801- (41 Q) 239-204() Q a ~.•-.. : l 2012 sale date., t i k Years Owned Land: y s 3. Location of Property: r a. Street: 16 Berry Zoni.ng'District R2 s b. Assessors: Map number 106,D Lot Number: 0000.0 12923 102 c. Registry of Deeds: Book Number Page Number _ I; 4.Zoning Sections under which the petition for the Finding is made. See attached Tab .1. I: C S 1n *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Buileing borre nissioner - f Describe the Finding request: See attached Tab 2. ( k 'The above description shall be used for the purpose of the legal notice and decision. Amore detailed description is required pursuant to the Zoning Board mules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may resutt in a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not Involve addttional Items not Included above. 6a, Difference from Zoning By-LAW requirements: indicate the dimensions that will not meet current Zoning By-Law Requirements, (A and B are in the case of a lot split) F` Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back' Sq.Ft. Sq. Ft. Coverage Feet .Spaces Front Side A Side B Rear A 4 B N/A. ' Page 3 of 4 Application for a FINDING NORTH ANDOVER�ON.ING BOAR® OF APPEALS F 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back - Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Bear N/a. % c. Proposed Lot (S) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear N/A. i % d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft Coverage Feet Spaces Front Side A Side B Rear N/A0/6. 7. a. Existing Buildings: Gr^ulnd Floor NuMher of Total Use of Square feetFloors Sq.feet Building` c N/A. F � - I *Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building. b. Proposed Buildings:- Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* N/A.. 'Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building. _ I 8. Petitioner and Landowner signature (s): Every application for a Finding shall be made on this form which is the official form of the Zoning Board of Appeals, Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application: The dated copy of this appfication received by.the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to compty-with application reclu!ireiaients as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Bcard of this application as incomplet 5tgnatureeizc2 Type above name(s) here Francis A. Shannon, III • 1 SECTIONS UNDER WHICH PETITION FOR FINDING IS MADE Pursuant to Mass. Gen. L. c. 143, § 100,the Zoning Board of Appeals for the Town of North Andover has jurisdiction to hear the Finding request of National Refrigeration, Inc. ("National Refrigeration"), as petitioner. The subject plumbing permits were issued to the petitioner National Refrigeration pursuant to the State Building Code, which authorizes municipalities such as the Town of North Andover to establish by approved rules a schedule of fees for building permits and to require payment of permit fees in accordance with said schedule. Pursuant to Mass. Gen. L. c. 143, § 100, a right of appeal exists to the State Building Code Appeals Board for any person aggrieved by any "interpretation, order,requirement, direction or failure to act" by any local agency charged with the administration or enforcement of the State Building Code or any of its rules and regulations. See Exhibit A(Mass. Gen. L. C. 143, § 100). In Knott v. Town of Northbridge, 2005 Mass. App. Div. 135, 136 (Western Dist. Nov. 2, 2005), a case involving a dispute concerning the fee charged for a building permit,the Appellate Division of the State District Court for the Western District,noted a right of appeal exists to the zoning board of appeals for any person aggrieved by any requirement of any local agency charged with the administration or enforcement of the state building code or any of its rules and regulations. See Exhibit B (Knott decision highlighting relevant section). The applicable statute, Mass. Gen. L. c. 143, § 100, further recognizes the State Building Code Appeals Board "may establish a local board of appeals in a city or town or a regional board of appeal for more than two or more cities or towns consisting of not less than three nor more than five members. The [State Building Code Appeals Board] may require as a condition precedent to appeal to the [State Building Code Appeals Board] that said appeal be first heard by such local or regional board of appeals." See Exhibit A(Mass. Gen. L. c. 143, § 100). Here,the Town of North Andover has established a local Zoning Board of Appeals.' Accordingly,jurisdiction exists within the Zoning Board of Appeals for North Andover to hear National Refrigeration's appeal. 5317:0043ections Finding Made 1 On October 27,2015,National Refrigeration simultaneous to this appeal,filed an application for appeal with the State Building Code Appeals Board. On November 16,2015,the State Building Code Appeals Board returned National Refrigeration's application for appeal advising the State Building Code Appeals Board does not have jurisdiction to hear disputes concerning plumbing permit fees assessed by the Town of North Andover. See Exhibit C(November 16,2015 letter of Patricia Barry,BBRS Appeal Board Coordinator,returning.National Refrigeration's application for appeal). � � ' A Page 1 Lexis. exi Annotated Laws of Massachusetts Copyright©2015 Matthew Bender&Company,Inc., a member of the LexisNexis Group All rights reserved. ***Current through Act 127 of the 2015 Legislative Session PART I ADMINISTRATION OF THE GOVERNMENT TITLE XX PUBLIC SAFETY AND GOOD ORDER Chapter 143 Inspection and Regulation of,and Licenses for,Buildings,Elevators and Cinematographs GO TO MASSACHUSETTS CODE ARCHIVE DIRECTORY ALM GL ch. 143, §100 (2015) §100. State Building Code--Building Code Appeals Board. There shall be in the department of public safety a building code appeals board,hereinafter called the appeals board,to consist of the board established under the provisions of section ninety-three. Whoever is aggrieved by an interpretation,order,requirement,direction or failure to act by any state or local agen- cy or any person or state or local agency charged with the administration or enforcement of the state building code or any of its rules and regulations,except any specialized codes as described in section ninety-six,may within forty-five days after the service of notice thereof appeal from such interpretation,order,requirement,direction,or failure to act to the appeals board.Appeals hereunder shall be on forms provided by the appeals board and shall be accompanied by such fee as said appeals board may determine. The state,city or town officer in charge of the records and all other papers and documents relative to an appeal shall forthwith,upon receipt of a request of the appeals board,transmit such papers and documents constituting such record to the appeals board. An appeal shall stay all proceedings in furtherance of the action or failure to act appealed from unless the state or local agency or any person charged with the administration or enforcement of the state building code or any of its rules and regulations presents evidence that a stay would involve imminent peril of life or property. The chairman of the appeals board may designate any three members of the appeals board to hold any public hear- ing under this section,and to hear testimony and take evidence. The appeals board in hearings conducted under this section shall not be bound by strict rules of evidence prevailing in courts of law or equity. Decisions on appeal shall be made by the three members of the appeals board conducting the public hearing.Every decision shall require the concurrence of at least two of the three members holding the public hearing and the appeals board shall state in writing its findings of fact,its conclusions,reasons for its decision and indicate the vote of each member of the appeals board upon the decision. The chairman shall fix a convenient time and place for a public hearing before said three members. Said hearing shall be held not later than thirty days after the filing of such appeal unless such time is extended by agreement with the appellant.The chairman shall give at least ten days notice of the time and place of said hearing to all interested parties. Any such party may appear in person or by agent or attorney at such hearing.The appeals board shall issue a decision or order reversing,affirming or modifying in whole or in part such interpretation,order or requirement,or postponing the application thereof,within thirty days after such hearing,unless such time is extended by agreement with the appellant. s • The appeals board may grant a variance from any provision of this code in any particular case,may determine the suitability of alternate materials and methods of construction,and may provide reasonable interpretations of the provi- sions of this code;provided,however,that appeals board decisions shall not conflict with the general objectives set forth in section ninety-five. In exercising its powers under this section,the appeals_board may impose limitations both as to time and use,and a continuation of any use.permitted may be conditioned-upon compliance with regulations made and amended from time to time thereafter.A copy of such order or decision of the appeals board shall be sent forthwith by certified mail to all interested parties. A record of all appeals board decisions and of votes thereunder,properly indexed,shall be maintained in the office of the appeals board and shall be open to public inspection at all times during regular business hours. The appeals board may establish a local board of appeals in a city or town or a regional board of appeal for more than two or more cities or towns consisting of not less than three nor more than five members. The appeals board may require as a condition precedent to appeal to the appeals board that said appeal be first heard by such local or regional board of appeals. Such local or regional board of appeals may establish rules for its own procedure and shall have the same powers and duties relative to appeals as the building code appeals board.A copy of any decision by a local board of appeal shall be transmitted to the board within ten days after the rendering of such decision. • e � • i Page 1 ex' ;is. ex: u Analysis As of:Oct 21,2015 James M.Knott,Sr.vs.Town of Northbridge [NO NUMBER IN ORIGINAL] STATE OF MASSACHUSETTS,APPELLATE DIVISION,WESTERN DISTRICT 2005 Mass.App.Div.135;2005 Mass App.Div.LEXIS 46 November 2,2005,Decided PRIOR HISTORY: [**1] Opinion affirming 19 jurisdiction of the district court, the complaint dismissal of plaintiffs complaint. Motion to dismiss specifically.alleged a violation of Mass. Gen. Laws ch. heard in the Uxbridge Division by Losapio,J. 40, § 22F, which did not allow an individual right of Knott v. Inhabitants of Northbridge, 2005 Mass. Sapper. action or jurisdiction to the district court to award LEXIS 175(Mass.Super. Ct.,2005). damages based on the alleged illegality of the fees.The court noted that the purchaser had a right to appeal to the DISPOSITION: Dismissal affirmed. State Building Code Appeals Board under Mass. Gen. Laws ch. 143, § 100 with a review of the Board's CASE SUMMARY: adjudication available only in a superior court under Mass. Gen. Laws ch. 30A, § 14(1). Because no administrative review of the town's permit decisions and PROCEDURAL POSTURE. Plaintiff permit purchaser fee schedules had occurred,the purchaser's complaint had sought review of a decision entered by the Uxbridge to be considered one for declaratory relief under Mass. District Court (Massachusetts), which dismissed his Gen. Laws ch. 2312, § 1, and was properly dismissed complaint, for lack of subject matter jurisdiction, because a superior court, as opposed to the district court, pursuant to defendant town's motion under Mass.R. Civ. . had jurisdiction of such actions under Mass. Gen, Laws P. 12(b)(1).The purchaser sought to recover the alleged ch.231A,§2. difference between the building permit fees charged and the"reasonable cost of issuing"the permits. OUTCOME: The court affirmed the dismissal of the purchaser's action. OVERVIEW: Before filing suit, the purchaser did not seek any available local, administrative, or judicial LexiSNeiis(R)Headnotes determination of the reasonableness of the building permit fees. The court affirmed the dismissal, finding that,while.the purchaser argued that his action was one for money damages under the Mass. Gen.Laws ch.218,§ Page 2 2005 Mass.App.Div.135,*;2005 Mass.App.Div.LEXIS 46,**1 Governments>Local Governments>Licenses the State Building Code legislative or regulatory scheme [HN1]See Mars. Gen.Laws ch.40,§22F. permits either a District Court determination in the fust instance,of the reasonableness of a permit fee,or District Court review of a municipal or agency resolution of that Governments > Legislation > Statutory Remedies & issue. Rights Governments>Local Governments>Licenses [HN21 Nothing in Mass. Gen.Laws ch. 40,§22F,affords Civil Procedure>Jurisdiction>Jurisdictional Sources an individual a right of action for an alleged violation of >Statutory Sources its terms.Nor does the statute vest the District Court with Civil Procedure > Jurisdiction > Subject Matter jurisdiction either to award damages for such violation, Jurisdiction >Jurisdiction Over Actions > Concurrent or, more significantly, to adjudicate the necessary, Jurisdiction preliminary question of the reasonableness of license or [HN5] Pursuant to Mass. Gen. Laws ch. 143, § 58, the permit fees set by the municipality. District Court has concurrent jurisdiction with the Superior Court of proceedings at law only under Mass. Contracts Law>Breach > Causes of Action >Money Gen.Laws ch. 143,§§3-52. Had&Received [HN3]A claim for money bad and received will he only Evidence>Judicial Notice>Domestic Laws where there is money which should not in justice be Governments > Local Governments > Ordinances & retained by the defendant and which in "equity and good Regulations conscience" should be paid to the plaintiff. Tbus, an [HN6] Judicial notice cannot be taken.of municipal action for money had and received is appropriate to ordinances or by-laws. recover a payment made by mistake or money obtained through fraud or misrepresentation. Civil Procedure>Jurisdiction>Jurisdictional Sources >Statutory Sources Administrative Law>Judicial Review>Reviewability> Civil Procedure > Declaratory Judgment Actions > Jurisdiction& Venue State Judgments>General Overview Governments>Local Governments>Licenses [HN7]See Mass. Gen.Laws ch.231A,§1. [HN4]The State Building Code authorizes a municipality to establish "by approved rules" a schedule of fees for building permits, 780 Mass, Code Regs 114.3, and to Civil Procedure > Jurisdiction > Subject Matter require payment of permit fees in accordance with that Jurisdiction > Jurisdiction Over Actions > General schedule. 780 Mass. Code Regs. 114.3.1. A right to Overview appeal to the State Building Code Appeals Board is Civil Procedure > Declaratory Judgment Actions > provided by Mass. Gen. Laws ch. 143, § 100 to any State Judgments>General Overview person aggrieved by an interpretation, order, or Governments>Local Governments>Licenses requirement of any person or state or local agency FHN8] Mass. Gen. Laws ch. 231A, § 1 provides that charged with the administration or enforcement of the declaratory relief may be sought in the Superior Court to state building code or any of its rules and regulations. obtain a determination of the legality of the Underlying the Code and its administrative scheme is the administrative practices and procedures of any municipal, legislative intent to create consistent construction county or state agency or official' which are unlawful standards throughout Massachusetts and to provide both a and recurring. The provisions of ch. 231A have been uniform enforcement procedure and an exclusive appeals properly invoked to determine the validity of the amount procedure. Because the State Building Code Appeals or imposition of municipal and local fees as well as the Board is a state agency within the purview of the necessity and amount of building permits. Administrative Procedures Act, judicial review of any adjudication by the Board as to the reasonableness of Civil Procedure > Justiciability > Exhaustion of permit fees would be available in the Superior Court Remedies>Administrative Remedies pursuant to Mass. Gen.Laws ch.30A,§14(1).Nothing in Civil Procedure > Declaratory Judgment Actions > Page 3 2005 Mass.App.Div.135;*;2005 Mass.App.Div.LEXIS 46,**1 State Judgments>General Overview and approval of such elected board. [HN9]Relief pursuant to the declaratoryjudgment statute may be unavailable where the plaintiff has failed to [HN2]Nothing in the.statute affords an individual aright pursue and exhaust administrative remedies. of action for an alleged violation of its terms.Nor does the statute vest the District Court with jurisdiction either COUNSEL:Henry T.Dunker,for the plaintiff. to award damages for such violation; or, more significantly, to adjudicate the necessary, preliminary David 1.Doneski,for the defendant. question of the reasonableness of license or permit fees set by the municipality.The only case cited by Knott in JUGES: Present LoConto, P.J,, Brennan..& Gardner, support of his [**3] G.L.c.218;.§19 argument,Epstein JJ. v. Executive Secretary of the Board of Selectmen of Sharon, 22 Mass.App: Ci: 13J, 491 N.E.2d 1075(1986j, OPINION BY:Brennan is thus inapposite.The plaintiff therein brought an action in the District.Court to recover payments of municipal OPLVION water charges which exceeded actual usage as measured [*135] Brennan, J. Plaintiff James M. Knott Sr. by the plaintiffs water meter. The right to recover such ("Knott"), paid.a total of$ 2.1,174,00 for two building overpayments was expressly created by G.L:c. 40;§391. permits issued by the defendant The Appeals [*136] Court held that the plaintiff was Town of Northbridge entitled to proceed in the District Court to vindicate that (the "Town"). Based on nothing more than his personal opinion that the dollar amount of the permit fees was specific statutory right to recover money damages.Id. at unreasonable, and without haying first sought any 137. Further, Epstein did not involve any District Court available local, administrative or judicial determination challenge to the legality or reasonableness of the water of that issue Knott filed this action .in the Uxbridge rates established by the defendant: See Flaflev v. Ciiv of District Court to recover the alleged"difference"between Malden, 40 Mass. App, Ct. 38, 660 N.E.2d 704 (1996). the. permit fees charged and the "reasonable cost of (Appeals Court affirmed Superior Court declaratory issuing"the permits_The court allowed the Town's Mass. judErnentas to reasonableness of city water rates); R. Civ: P:, Rule 12(I)(1), motion to dismiss for lack of Morton v. Hanover, 43 Mass.App. Ct. 197, 682 N.E.2d subject matter jurisdiction,and this Dist.Ivfun.Cts,R.A. 889 (1997) (Superior Court suit for declaratory relief to D.A.,Rule 8C,appeal by Knott followed. contest Town water rate surcharge), 1. Knott endeavors to characterize this suit as a _. 2.Nor is there anyrterit in Knott's [**4] contention. straightforward civil action for money damages within that his challenge to the reasonableness of the building the G.L.c. 218, § 19 [**2] statutory jurisdiction of the permit fees amounts to a common law claim for District Courts. .However, his complaint specifically assumpsit or money had and received within the seeks recovery. of the alleged "unlawful portion" of the jurisdiction of the District Courts. [F3hT3] Such a claim building permit fees charged by the Town in what Knott will lie only where there is money which should not in. claims was a violation of[HNI] G_L_c. 40, § '2F: That Justice be retained by the defendant.and which in"equity I statute-provides,in pertinent part- and good conscience"should be paid to the plaintiff,Blue Cross of Massachusetts.Inc V. Travaline 398 Mass,582, Any municipal board or officer 588; 499 N E 2d 1195(1986).Thos an action for money . a license, permit had and received is appropriate to recover a payment. empowered to issue certificate, .._ may, from time to time,fix made by mistake, Cookson Group v. Flynn, 1997 Klass. reasonable fees for all such licenses, App. Div. 173; or money obtained through fraud or permits or certificates issued pursuant to misrepresentation,Evatt v. Willard D.Martin,Inc., 302 statutes or regulations wherein the entire Mass. 414, 417, 19 N.E.2d 729 (1939). Those circumstances are not operative in this case.We note that proceeds of the fee remain witli. such issuing city or town...,provided,however; in Chilton Club v. Commonwealth, 323 ,Plass. 543, 83 that in the case of a. board .or officer N.E.2d 26? (1949), the Supreme Judicial . Court appointed by an.eluted board the firing characterized the petitioners' action to recover meals tax of such fee shallbe subject to the review payments made under protest.and demanded "without 1 € page 4 E 2005 Mass.App,_Div.135,*136;2005 Plass:App.Div.LEXIS 46;**4 warrant of law"as in the nature of a claim for money had practical matter, an attempt to obtain District Court and received.The Court.limited its holding,however, to review and reversal of the Town's ruling.Neither Knott; j the"peculiar facts"of the [**5] case.Id at 549.Chilton nor the Town, has introduced any evidence of Town Clztb is,in.,any event,factually distinguishable from the by=laws. or ordinances relevant to procedures available. present case because there is no question herein as to the for reviewing the Town's permit orders. [MN- 6] Judicial Town's legal right to demand and collect..fees for building _.notice cannot be taken of municipal ordinances or permits. by-laws.Trustees of Sfidmnatine Fathers,Inc.v.Secretary of Adm. &Finance, 369 iMass. 562, 568, 341 N.E.2d 662 .3 Th pern;this case in id ate on#heli fame that (1976);Boulter Bros: Constr. Co. v, Zoning Board of they, were issued to Knott pursuant to ill- 4] the'State Appeals of Alb folk 45#Plass.App: Cr 283; 284 n.2, 697 Building Code v lricl authgr zes a municip it ty to ;' ,y,E.2d 997(1998).We note only that if an appeal of the. .establish "byapproved rules""a schedule of fees for ` Building Inspector's or Board of. Selectmen's permit building permits, 114'.x.,and tosequire payment decision could have been appealed to a local. zoning of permit fees in.:aecordance -with that:' board of appeals, see G.L.c. 40A, § 8 Richardson v. CvfR 114.3.L. A n�fit tp appeal to thei'Stat Buildtn" "; zoning Board of Appeals of Framingham;351_Mass, 375, Code Appeals'Board isprovided_by G.L a 143, 400'0, . 380, 221 NE.2d 396 (1966),- Knott's failure to have anyersen "aggrieved by an intergietarion, order [or] pursued that administrative remedy in compliance with reauiiement i.. [of] any person;or state or local•aeencv the procedural requirements of the applicable Town clrar,ed with the administration or,enfurcement':of the by-law and.G.L.e. 40.4 would have amounted to a waiver state building code of an}'of its rules and.regulattoiis [**8] of his right to judicial review.See Fitch V. Board Underlying.the Code`aad its:administrative scheme was of Appeals of Concord, 55 hiass.:4pa, Ct 748; 753, 774 the Legislative intent to create consistent construction N.E.2d 1107 (2002); Balcam v. Town of Hingham, 41 tandards throughout Itilassachusetts,and to provdde both " Mass.App. Ct.260 263-2'64, 669 XE.2d 461(1996. a uniform enforcement 'procedure and an exclusive appeals procedure. 5hriners' Hospital. for Crippled 4.Given the absence of any administrative review of Children v. Boston Redevelopment Auth., 4 Mass. App. the T'own's permit decisions and fee schedules,the Town. Ct:551,560-561,3531VE.2d 778(1976). [**6] Because correctly argues that Knott is effectively seeking a the State Building Code Appeals Board is a state agency determination of his rights under G:L.c. 40, §22F and within the pun iew of the Administrative Procedures Act, that his complaint must thus be considered one for Rinaldi v.State Building Code Appeals Board, 56,Mass. declaratory relief. Such relief is governed by [HIv7]. App. Ct. 668, 779 NE?d 688 (2002),judicial review of G.L.c.231A,§1;which provides: v any adjudication by the Board as to the reasonableness of permit fees would be available in the Superior Court The supreme judicial court,the superior pursuant to G.L:c. 304, § 14(1) Nothing in the State court, the land court and the probate Building Code legislative or.regulatory scheme permits courts, within their respective either a District Court determination in the first instance, jurisdictions, may on appropriate of the reasonableness of a permit fee, or District Court proceedings make binding declarations of review of a municipal or agency resolution of that issue. right,duty,status and other legal relations sought thereby whether any 1 [TENS] Pursuant to G:L.c. 143, § 58, the consequential judgment or relief is or District Court has concurrent jurisdiction With the could be claimed at law or in equity or not. Superior Court:of proceedings at law only under 3-52 of G.L.c. 143, [ILNS]Section 2 of G.L,c. 23.1A provides that declaratory 4:Included in the appendix is a letter from the Town relief may be sought in the Superior Court "to obtain a Manager to Knott indicating that the fees for the building determination of the legality of the administrative permits would not be waived or reduced, and that no practices and procedures of any municipal, county .or permit would [**7] be issued in the absence of full nate [**91 agency or official" which are unlawful and payment. Knotts complaint in,this [#1371 action for recusing.. The provisions of G.Z.c. 231-4 have been recovery of a portion of the permit.fees paid is,.as a properly invoked to determine the validity of the amount Page 5 2005 Mass.App.Div.135,*137;2005 Mass.App,Div.LEXIS 46,**9 or imposition of municipal and local fees, Emerson exhaust administrative remedies. Goldman v. College v City of Boston, 391 Mass. 415, 462 NE.2d Planning Board of Burlington, 347 Mass. 320, 1098 (1984) (fire protection fees); Silva v. City of Fall 325-326, 197 NE.2d 789 (1964); but see River, 59 Mass. App. Ct. 798, 798 NE.2d 297 (2003) Marlborough Say. Bank v. City of Marlborough, (burial permit fees); Greater Franklin Developers Assn. 45 Mass. App, Ct. 250, 252, 697.NE.2d 143 v. Town of Franklin, 49 Mass. App. Ct. 500, 730 NE.2d (1998). 900 (2000) ("school impact" fees), as well as the [**10] necessity and amount of building permits. Greater 3 This action was filed prior to the August 31, Lawrence Sanitary Dist. v. Town of North Andover, 439 2004 effective date of St. 2004, c. 252, which Mass. 16, 785 N.E.2d 337 (2003); Perini Corp. v, amended G.L.c• 218, §19C to expand the powers Building Inspector of North Andover, 7 Mass. App. Ct and jurisdiction of the District Court with regard 72, 385 NEM 1035(1979).-�At the time this action was to declaratory judgments in civil actions for commenced, the District Court had no declaratory money damages under G.L.c.218,§19. judgment jurisdiction.3 Dismissal affumed. 2 [HN9] Relief pursuant to the declaratory judgment statute may be unavailable, however, So ordered. where the plaintiff has failed to pursue and -�� Cr(\ d 1-1911111aww It-44 D Matt Carlin Charles D,Baker (/ � �� p Commissioner Governor / / Karyn E.Polito Y/Iolo r4n)Azl- 9Wae IF. /6170 5j92 - Richard Crowley Chairman Lieutenant Govemor Thomas Perry Daniel Bennett Vice Chairman Secretary Robert Anderson. vo / Administrator November 16,2015 Francis Shannon,IIT,Esq. Shannon Law Associates,Inc. 300 Crown Colony Drive, Suite 504 Quincy,MA. 02169 Re; Appeal Application for 16 Berry Street,North Andover Dear Mr,Shannon, Please be advised the Building Code Appeals Board has received an application from you in regards to your dispute over a Plumbing Code permit fee from the Town of North Andover. This letter is to inform you that the BBRS Appeals Board does not have the jurisdiction to hear this case so it is being returned to your office today, S' r ly, RECEIVED Patricia Barry BBRS Appeals Board Coordinator NOV 18 205 SHANNON LAW ASSOCIATES, INC. I 2 DESCRIPTION OF FINDING REQUEST National Refrigeration, Inc. ("National Refrigeration"), as petitioner,requests a Finding concerning the reasonableness of the plumbing permit fees charged by the Building Department for the Town of North Andover("Building Department"). For the reasons set forth below,the plumbing permit fees charged by the Building Department are excessive and based on the total cost of the construction project rather than the plumbing subcontract cost performed by National Refrigeration. Accordingly,National Refrigeration requests a Finding that the plumbing permit fees charged to National Refrigeration are excessive in relation to the Building Department's regulatory expenses. By way of background,North Andover Holdings,LLC ("North Andover Holdings"), as owner, entered into a general/prime contract("Contract")with Pilot Construction, Inc. ("Pilot"), as general contractor,pursuant to which Pilot agreed to furnish construction and construction related services for the project known as Berry Farms located at 16 Berry Street,North Andover, Massachusetts ("Project"). Upon information and belief,the value of Pilot's Contract is approximately$38,737,375.00. The Project,which was approved by the Zoning Board of Appeals for the Town of North Andover, includes the construction of approximately 196 residential units spread throughout four(4)buildings and the construction of a Clubhouse building. In furtherance of its Contract with North Andover Holdings, Pilot, as general contractor, and National Refrigeration, as subcontractor, entered into a subcontract("Subcontract")pursuant to which National Refrigeration agreed to furnish construction and construction related services for the plumbing work at the Project. The value of National Refrigeration's plumbing Subcontract is $2,140,000.00. Thereafter,National Refrigeration, as plumbing subcontractor, applied for the plumbing permits for work at the Project. The Building Department quoted permit fees for the plumbing work totaling$58,107.00,which is.allocated as follows:' Permit No. Building Amount 11363 1 $9,878.00 11530 2 $18,013.00 11471 3 $14,527.00 11531 4 $14,527.00 11391 Clubhouse $1,162.00 -- Total Fees $58,107.00 The $58,107.00 total plumbing permit fees are based on the total cost of the Project ($38,737,375.00),rather than the estimated cost of the plumbing construction work to be performed by National Refrigeration($2,140,000.00). In order to comply with its Subcontract 'The respective Application For A Permit To Perform Plumbing work,payment of National Refrigeration, and Permit For Plumbing issued by the Town of North Andover are annexed hereto as Exhibit A(Building 1),Exhibit B (Building 2),Exhibit C(Building 3),Exhibit D(Building 4),and Exhibit E(Clubhouse). i obligations,National Refrigeration began procuring plumbing permits and paying said fees under protest. On September 22, 2015, Shannon Law Associates, Inc., as counsel for National Refrigeration,by way of letter,made inquiry to Mr. Gerald Brown("Mr. Brown"), Inspector of Buildings for the Building Department, advising National Refrigeration had calculated the "Minimum Fee" based on the type of construction and number of units as well as the fee based on the cost of plumbing construction per the Town's published Plumbing Permit Fees, effective as of July 1, 2002 and calculated the plumbing permit fees far less than the aforesaid fees quoted. See Exhibit F (September 22,2015 letter of Shannon Law Associates, Inc. to Mr. Brown). On September 23, 2015, Mr. Brown,by way of electronic mail,replied advising the method for which the plumbing permit fees were calculated,which confirms the plumbing permit fees are based on the total cost of the Project($38,737,375.00),rather than the plumbing Subcontract cost performed by National Refrigeration($2,140,000.00). See Exhibit G (September 23, 2015 electronic mail and attachment of Mr. Brown to Francis A. Shannon, III). Accordingly,National Refrigeration hereby appeals the determination made by Mr. Brown and requests a Finding that the plumbing permit fees charged to National Refrigeration are excessive in relation to the Building Department's regulatory expenses. 5317:004:Finding Request � � A r iOndArFRLGERATION INC.. 41 086 y Record#; 28470. Check#: 41'086 Date:. "11712015 Description: Permit-Bldg Amount: 9,878.. Vendor#: 0 Payee: Town of North Andover Address: CHECK DATE CONTROL NUMBER _..:..- --- ---- T-O.T.ALS_I> -- - ---- ---- - - -- .......... _........ . ...- - c- :.yt:;.c._,..:;.aoC�"'�. e „ rA -;Bei x e, , �f7 tia•_• ,cvi. :s(1.c(T.l�:i�]�feT�3Rr�dortl.TdIT�YASd:Y,-a: a . ,rcfP.l3�T("�\i4T_!�:tin711;ff71�a=TS' o`.=:� — 41086 r � /REFRGERATIC7I�,--I?�C SAWANDER CONST911MON DEPARTMENT 3600 WEST.SHORE ROAD:•WiaRWICKRI 028&6-5038 5-,515/2313 go�)737-2000. PAY EXACTLY AE THOUSAND:EIGHT HUN.DRED.SEVENTY-EIGHT DOLLARS DATE :CONTROL NO. AMOUNT TD-THE 8., - _ .. _ _. +9 ORDER of 0.911712015 78-00 Town of North Andover d Memp:. PLG Permit-Bldg:1 aurHOR17 URE /&P/I REFRIGERATION; INC. 410&6 Record#, 28470 Chec_k#: 41086 Date: 0911712015 Description: PLG Permit-Bldg 1 Amount: 91878400 Vendor#: 0 Payee.: Town of North Andover Address: CHECKDATE CONTROLNUMSER TOTALS 32338077-PDF 6.9-44SC -- _ a 3463 1 o��,oRTr,�ti TOWN OF NORTH ANDOVER . * PERMIT FOR PLUMBING �4S`S4CHU �!This certifthat /. i . �` ............................. ........................ .....f.........-....�..'.. ..1 r.......................... ..:.... ..G r has permission to perform.. \ r� ^'.... :'::^ .-...%�ai,-/7 1 4 `� plumbing in the buildings oi.. - j.fc,�t (:�.............. .. . at... —r.... ......................... ....>'No h Andover,Mass. /.. Fee.... 7,�t......Lic. No. / I'L? PLUMBING INSPECTOR Check# ��' • B MASSACHUSETTS UNIFORM APPLICATION FOR A PERMIT TO PERFORM.PLUMBING WORK — CITY — f. ,_ - ------I MA DATE -- - _ f PERMIT# JOBSITE ADDRESSOWNER'S NAME ,_-, _ OWNER ADDRESS -_23:LS�_' � _.S_k-- �'1—� _/ TEL[- ]FAXL,_._..__ I TYPE OR OCCUPANCY TYPE COMMERCIAL Q EDUCATIONAL © RESIDENTIAL PRINT CLEARLY NEW.9 RENOVATION:Q REPLACEMENT:0 PLANS SUBMITTED: YESjo N0.0 FIXTURES-1 FLOOR- BSM i 2 3 4 5 6 7 8 9 ill ii 12 13 14 . BATHTUB ^_J _..i 1,J __ I :` [ CROSS CONNECTION DEVICE DEDICATED SPECIAL WASTE SYSTEM _—J —._J J—I !`l J.+_J —� l------_I DEDICATED GASIOIUSAND SYSTEM I ! • ,___I :— —f—_J __ _i :.,_,-_I —_i _I__—I ._.__:.I_—I I —__-_! ---DEDICATED-GREASESPSTEM —J —...._ 1 —J ___-1--- DEDICATED GRAY WATER SYSTEM DEDICATED WATER RECYCLE SYSTEM ! i J __ _—. .._..._.I._..— — —J _..__! .......J=== DISHWASHER --_I �J IJ _L_l __�1l J . ! ._.___.i: J 1_.-._J L=.�_.1 DRINKING FOUNTAIN FOOD DISPOSER -— - -! �- t - -i.(, i_—�I �_ _—i.._....._l ..__._i I .-1_--� --,-----I —! FLOORIAREA DRAIN INTERCEPTOR INTERIOR KITCHEN SINK LAVATORY --!all am -1 ROOF DRAIN SHOWER.STALC -' I J -' SERVICE/MOP SINK Ta1LEi __.:...1: ! LaJ URINAL WASHING MACHINE CONNECTION =1511-1 . J.__ '` WATER HEATER ALL TYPES . : .:J _ _L1 LJ ___!_-:...__1 WATER PIPING . — J _- __ ._.I -' - ! - -- l -—I ...... r - • J+. I t 1 - - ---- - — INSURANCE COVERAGE; - -- - - I have a current liability insurance policy or its substantial equivalent.which meets the requiremEnts of MGL Ch.942. YES NO IF YOU CHECKED YES,PLEASE INDICATE THE TYPE-OF COVERAGE BY CHECKING THE APPROPRIATE BOX BELOW LIABILITY INSURANCE POLICY Q OTHER TYPE OF INDEMNITY 0 BOND E OWNER'S INSURANCE'WAIVER:I am aware that the.licensee does not have the Insurance coverage required by Chapter 142 of the Massachusetts General Laws,,and that my signature on this permit application waives this requirement, CHECK ONE ONLY; OWNER D AGENT 0 SIGNATURE OF OWNER OR AGENT I hereby certify that all of the details and Information I have submitted or entered regarding this application are true and accurata to the best of my knowledge and that all plumbing work and installations performed under The permItIssued for this application vrill be In compliance W14 all PertinenPprovisfonof tha Massachusells State Plumbing Code and Chapter 142 of the General Laws. PLUMBER'S NAME LICENSE# _(., �5(�`. SIGNATURE MPO JPO CORPORATION[X#QPARTNERSHIP #F____]j :• COMPANY NAME . � . ? d _I ADDRESS STATE --� ZIP TEL FAX --L:_'� l CELL EMAIL �_ -L� -- - - -- ------- !�'LOY?•(Z6-MIGEUTION, INC. 41422 CHECK DATE CONTROL NUMBER. - TOTALS 41422 ✓ CL ��REF.RIGERAT GNI JNC. SANTANDEA CONSTRUCTION D.EPARTbtENT' 3600 WEST SFIORE ROAD,•1dAR1VICK,RI,029SG=503$ 5-7515/231.3 (JQ l)9J7-2001) PAY ( ch ( 5 Ce I� /1 b 1-esLN. -0 I[ Cts S 1 r,� 1y> _ DATE ,- CONTROL NO*� AMOUNT TO THE _ LE% ORDER OF.. - .. = as : offaY '�, idDue T. AUTHO NkTURE �o —MIN I a&G fiClIiREFRIGERAMM INC. 41422 CHECK DATE CONTROL NUMBER TOTALS 32338077 PDF?6-9.74 5. 3 I � UK is ! IL f i u th ir ` i � } ;: ! c� ! l , Audi T.lot C ► t Ein jv, r�v a na .c1 Ai- MOW( .! a 9tr �s I d5 W I Ci MASSACHUSETTS UNIFORM APPLICATION FOR A PERMIT TO PERFORM PLUMBING WORK CITY _J11 f. _ MA DATE ;._ -� PERMIT# JOBSITE ADDRESS OWNZ R'S NAME_ ,,, - POWNER ADDRESS L2 3_LS`_'���r_:S_k_�(2_ ?� v TEL:_Y_----- -- FAX�--_-� TYPE OR OCCUPANCYTYPE COMMERCIAL.[) EDUCATIONAL Q RESIDENT1ALIR PRINT CLEARLY NEW:�. RENOVATION:Q REPLACEMENT:[_1 PLANS SUBMITTED. YESO NOD FIXTURES-4 FLOOR--+ BSM i 2 1 3 4 5 6 7 a 9 10 ti 12 13 14. BATHTUB __1 CROSS CONNECTION DEVICE —I DEDICATED SPECIAL WASTE SYSTEM __J-__I -.__J __I ^_I _-__J.____. _I I I I 1 DEDICATED GASIOIL/SANDSYSTEM _I ....�_I ^! -J -_I ! ._.._.J —1 —I I __.._._J_� _I _____! DEDICATEE GREASESYSTEM—--J--.--.-1.._....._I --J —J ------J -- I - -I -J ---I -- I - --1--I -J _=71- - DEDICATED GRAY WATER SYSTEM —J I ___! _! _ -_J _____I __-I DEDICATED WATER RECYCLE SYSTEM It I .__...J _— _- - DISHWASHER DRINKING FOUNTAIN __J FOOD DISPOSER _.__...1 J _� J ._L -- _-•--!.- ___-! _-. --- ___i __! __-I.._.-__J ._-._ _.._ FLOOR/AREA DRAIN I_.[� .1._. __.I --_J I===_ INTERCEPTOR INTERIOR .—i _-I -_. I ---- --1— - -----J ---_- — --I --_-I----1 _ __j ____' KITCHEN SINK _-1-L--* - -.ti. .-I.-- I _J .-J -_J LAVATORY _.- ..I _ �sJl _- _ _ •__-' --•-! ___-, _:_' -_I _.__.J.--.__.J _..-.-.- •:-•_J ROOF DRAIN -...1 __-) -__l ____j SHOWER STALL. -J ( . .FET, SERVICE I MOP SINK J _----_ _r_1 ------- TOILET ----. . .41x1 . .I J URINAL WASHING MACHINE CONNECTION WATER'HEATERALL TYPES _ :1 F: . .... : _J _--_I .I _-__--=--J --------1==== WATER PIPING 1 _�: i - __._J== l I _.. —1 —.i _t O T HER i INSURANCE.COVERAGE:. I have a current liability insurance policy or Its substantial equivalent which meets the requirements of MGL Ch.142, YES( NO []_l IF YOU CHECKED YES,PLEASE INDICATE THE TYPE OF COVERAGE BY CHECKING THE APPROPRIATE BOX BELOW LIABILITY INSURANCE POLICY Cl OTHER TYPE OF INDEMNITY Q BOND[� OWNER'S INSURANCE WAIVER:I am aware that the licensee does not have the Insurance coverage required by Chapter 442 of the Massachusetts General Laws,and that my signature on this permit application waives.this requirement. CHECK ONE.ONLY: OWNER AGENT [� SIGNATURE OF OWNER OR AGENT I hereby certify that altof the details and Information I have submitted or entered regarding this appllcalion era true and accurate to the best of my knowledge and.that all:plumbing work and Installations performed,under the permit Issued for this application will be In compliance vAt4 all Pertinentprovlslbn of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. PLUMBER'S NAME _.._ _. s D. v. .... .............-_---�LICENSE# _.! SIGNATURE MPo JP .[�J, CORPORATION[9# PARTNERSHIP (# LLC_C}_1#= COMPANY NAME ADDRESS _! CITY___ Jt S -�-i�- TATE ZIP (�_ .. ._. -_ --I TEL {fits - FAX =-�--2 2..� CELL� EMAIL AC1ZlIh?aAE}~RIGEltAT14N, INC. 41246 Record#..,, 29890 4 Check#: 41246 Date:. 1:0/261201.5 Description: Bldg 3-PLG Permit Amount: 14,527.00 Vendor-#: 0 Payee: Town of North Andover Address: CHECK DATE CONTROL NUMBER TOTALS 41246 ✓1� FRIGERATION, II�I'C SANTANDER CONSTRUCTION DEPARTMENT 3600 TYEST SHORE ROAD-WARWICK,RI 02896-5036 5-751512313 (401)'737-2000 PAY EXACTLY FOURTEEN THOUSAND FIVE HUNDRED TWENTY-SEVEN DOLLARS DATE CONTROL NO. AMOUNT TO THE ORDER OF 1012612015 j '14,527:00 Town of North Andover Memo: Bldg 3-PLG Permit LITHO IZE SIGNfTRE ,� REFRIGERATION,INC 412.46 Record#: 29.890. Check#. 41246 Date: 1012.612015 Description: Bldg 3-PLG Permit Amount: 14,527..00 Vendor#:- 0 Payee:: Town of North Andover Address: CHECK DATE CONTROL NUMBER TOTALS {0- , 32338()77.PDF 6-9-14SC ' ...... i�.ate....��-���-,!••••/S 471 Of °gyp PERMIT FOR PLUMBING `SSACHUSF. L) - This certifies that..... .n....a....... ........... `..... ... has permission to perform....'�� .: ~•y .............. plumbing in the buildings of....................... ............................... ........... .... t North Andover,Mass. at. .. ..................................... ;.. ....... Fe.....y. !... .. Llc.No. .................... .` ... .........PLUMBING INSPECTOR............... Check • . D MASSACHUSETTS UNIFORM APPLICATION FORA PERMIT TO PERFORM PLUMBING WORK - _ CITY '._ �. - — _I MA DATE ..-_ - - ` PERMIT# II OWNERSNAME JOSSITE ADDRESS _- 4r e4_ �. = -` -.J OWNER ADDRESS - _LS�!{j;,: S k - `''' - ' 1 u= , : TEL -- - ---I FAX TYPE OR. OCCUPANCY TYPE COMMERCIAL Q EDUCATIONAL El RESIDENTIAL PRINT CLEARLY NEW. RENOVATION:El REPLACEMENT: PLANS SUBMITTED: YE8§3 NOCI_J� FIXTURES I FLOOR- 8SM 1. 2 3 4 5 6 7 8 9 10 ii 12 13 14 BATHTUB --I I t i .-Ex - J TI CROSS CONNECTION DEVICE —_j DEDICATED SPECIAL WASTE SYSTEM = DEDICATED GAS/OIUSAND SYSTEM i ------! ..._�J -! —J ..._.__i . .._.,.J —-C EDICATEO GREASESYSTEM :__=_J=I -- DEDICATED GRAY WATER SYSTEM: —J ( ._ —! - J _--___I ! —_I _--1 .........J —J —._J DEDICATED WATER RECYCLE SYSTEM ! _1 --___J ___i ^__.._I_._-__, _f ,__-; _•._-_-I :—J _1 DISHWASHER DRINKING FOUNTAIN F-- AE--D -- 1 -: --_--' - - --!T-J -- - -J-- 1 F000 DISPOSER ---___J FIT _l -' --- _ . __ --_J _-- ; --! :-_--.-' •--____i —J _—I _...-- --___J FLOOR 1 AREA DRAIN i Lw—' INTERCEPTOR INTERIOR __ ! ----I ..�J .—._.. ^: --_! -•_--I _--- —i --I ---_I_.—I __; __ J KITCHEN SINK _--I _ .2 I --_J--! ___J LAVATORY ROOF DRAIN __..J —1 �I ! _—! . l--1 i I �-1 . _J SHOWER STALL SERVICE/MOP SINK TOILET J .'Z ?i - 431 J _ URINAL WASHING.MACHINE CONNECTION _.__.1 ._ WATER HEATERALL TYPES WATER PIPING OTHER - --� ----J •-•--•' � --� ----- , l , --.-j EU 1 -.. ..7-1 ----1 - --•I ......-.i_..---I--I ---J INSURANCE COVERAGE: - -- - - -- -- -- I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL Ch.142, YESO NO IF YOU CHECKED YES,PLEASE INDICATE THE TYPE OF COVERAGE BY CHECKING THE APPROPRIATE BOX BELOW LIABILITY INSURANCE POLICY OTHERTYPE OF INDEMNITY Q BOND OWNER'S INSURANCE WAIVER:I am aware that the licensee does not have the Insurance coverage required by Chapter 142.01'the Massachusetts General Laws,and that my signature on this permit application waives this requirement. CHECK 0-NE ONLY: OWNER Lj AGENT -J SIGNATURE OF OWNER OR AGENT I hereby certify that 611 of the details and Information I have submitted or entered regarding this application are true and accurate to the best of myknowiedge and that all plumbing work and Installations performed under the permit issued for.th!s application Brill be in compliance will?all Peninentpravislon of the Massachusetts State,Plumbing Code and Chapter 142 of the General,Laws. PLUMBER'S NAME srn,r__.D._. _'_�. .:_.: .:..._.:__—..__I LICENSE# _t.J� { SIGNATURE MPO JP ._! CORPORATION Ot PARTNERSHIPEj#•,_;__•.-.___j:LLC #; COMPANY NAME _:._: %s'�.ti � .?< . ' i_I ADDRESS CITY-- - z .L.._d_:..- --'SPATETEL _ z5 ZIP --U ' -- —� 4` _ I - - FAX -- -2 CELLF-: .11 J a 1 c> s--c" ! {{ _?'YEZ &WhEFRIGERATION, INC.,,t = _ 41423 Record#: 319.79 Check#. 41423 Date: 12/08/2015 Description: Permit-PLG-B.idg 4 Amount: 14,527.0.0 Vendor#:. 0 Payee: Town of North Andover Address: CHECK DATE CONTROL NUMBER. TOTALS � - -.-._.____._.__.._.__.._...._.___...._._.___..r._..__..._. lar: w,Ur=m1 ,.=ice• .<.?,,. -,,,lurmms-n.r*T.',t_,R7�'i:m,Tmll.- - 41423 C7 �REFRIG.ERATIO:N, INC. sANTANDER CONSTRUCTION DT P .RTMEIP t 36 0D WEST SHORE RCA(7_ WARWICK,Rl.0289615038: 5-75151.2313 W01 737-2000 _.. EXACTLY F0. RTEEN THOUSAND FIVE HUNDRED TWENTY.-SEVEN DOLLARS PAY . •. DATE�'- '. GONTROLNO.- AMOUNT. . - 12/08/2015 ORDER OF - . - *14,527.00- _...._ Town of North Andover Lr<sway = Memo' Permit PLG Bldg 4 T. RIZEDSIGNAr aoEs -/&M rREFRIGERATIMJNC. 41423 Recordr#: 31979 Check#: 41423 Date: 12108/201.5 Description: permit-PLG-Bldg 4. Amount: 14;527.00 Vendor#:. 0 Payee: Town of North Andover Address: CHECK DATE CONTROL NUMBER - TOTALS 32338077_PDF 6-9-14SC �''t Si MM�Illl aWN 0� s� y �SAt15f�out r s h- ' peuntss�on too `[�: = f ' IlC4VEx x Y 4 w`" 5: E MASSACHUSETTS UNIFORM APPLICATION FORA PERMIT TO PERFORM PLUMBING WORK CITY Nno#- /tel au MA [?ATE �: _ _ _ PERMIX# JOBSITE ADDRESS _ .4rre�� y,It�sS_� OWNER'S NAME OWNER ADDRESS ._ _LS�. a:_ .Sk =_h�+ _fUu TELI.- -- JFK TYPE OR OCCUPANCY TYPE COMMERCIAL EDUCATIONAL Q RESIDENTIAL PRINT CLEARLY NEW � RENOVATION: REPLACEMENT:0 PLANS SUBMITTED:: YES,0 NO FIXTURES 7 FLOOR- OEM 1 2 3 45 6 7 8 9 iD 11 12' 130 BATHTUB _—! —__-'. CROSS CONNECTION DEVICE __I DEDICATED SPECIAL WASTE SYSTEM. —i DEDICATED_GASKALlSAND SYSTEM —_I ! -::._I . —_I _—_.1 : --i ____! DEDICATED GREASE SYSTEM —J -- DEDICATED GRAY WATER SYSTEM DEDICATED WATER RECYCLE SYSTEM ! __—.i .-_._.J —� :—•_--i —_J -- ---! -----i -. 1 _-I --! DISHWASHER _.._._ILDj ___.7 _J DRINKING FOUNTAIN FOOD DISPOSER __-! ----I -__-- -_-__1_— _ ' —1 --------- FLOOR]AREA __..-.FLOORIAREA DRAIN __—I-. _1_—__-! :._—I _-1—_-(—__J _-� __-1--I INTERCEPTOR INTERIOR —I ___-1 .�_J •-- — —__i -•___I -- ._I_—! _.—I__ J �; KITCHEN SINK I_-1 LAVATORY ROOF DRAIN SHOWER STALL SERVICE/MOP SINK - J --! - --- : -._._.-' - ! ....- 1 -_! —i ;: --•1 TOILET --___--! r'"[I—J =1= URINAL WASHING MACHINE CONNECTION WATER HEATERALL TYPES _.l __ _I ---------J ._-__l —__I ---!_-..--_I:_-- —=J ---J--------! •---1---1 _---! _-----1 WATER PIPING .I .—J OTHER J INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent which meets therequirements of MGL Ch.142. YES NO 01 IF YOU CHECKED YES,PLEASE INDICATE THE TYPE OF COVERAGE BY CHECKING THE APPROPRIATE BOX BELOW LIABILITY INSURANCE POLICY 0 OTHER TYPE OF INDEMNITY[] BOND[] OWNER'S INSURANCE WAIVER:I am aware that the licensee does-not have the Insurance coverage required by Chapter 142 of the Massachusetts General Laws,and that my signature on this permit.application waives this requirement, CHECK ONE ONLY: OWNER ...I AGENT (] SIGNATURE OF OWNER OR AGENT I hereby certify that all of the details and information 1 have submitted or entered regarding this application are true and accurate to the best of my knowledge and that all plumbing work and Installations performed under the permit Issued.for this application will be in compliance tvH4 alt Pertinent provision of the Massachusetts State.Plumbing Code and Chapter 142 of"the.Ganeral Laws. —1 J^ f PLUMBER'S NAME .-_ _ 1 , D, _�U I LICENSE# _I. f�( _i SIGNATURE MPO JP'Lj CORPORATION 2#QPARTNERSHIP;]#=LLC COMPANY NAME _ ADDRESS a CITY STATE �--� ZIP ��� TEL FAX -4= �_ .�_i CELL EMAIL f`CI O??a REFR.IG ERAT10N., INC 41131 s Record#: 29120 Check#: 41131 Date: 1010512015 Description.: PLG Permit Amount: 1.162.00 Vendor#: 0 Payee: Tpwn of North Andover Address: CHECK DATE CONTgOLNUMBER TOTALS -tjnr, - 41131. _ r - ✓ C CVI a VRE�RIGERATION, YI C, sRNT4NDER CONSTRUCTION D EPARTl4Il IIT :.-.3600 WESTSHORE:ROAD WARWICK Ri 01895.5033 $,7595/2313 -. hDl)737 2000 - PAY:- EXACTLY ON'E THOUSAND ONE HUNDRED SIXTY TWO DOLLARS - DATE.' CONTROLNO: AMOUNT. - TO THE *11.62.00 CMPR OF 10/05/2015 - Town of North Andover. Memo' PLG Permtf .. - :... AW HORIZED N RE./ )Yd&0y,AEFRIGERATl0N,INC. 41131 Record#: 29120 Check#: 41131 Date: 1010512015 Description: PLG Permit Amount: 11.62.00 Vendo.r##: -0 Payee: Town of North. Andover Address CHECK DATE CONTROL NUMBER - - TOTALS: 3233907T RDF 6-9-145 Date..`. %_j. .�!.` ......, '1 X391 of NaATh��a TOWN OF NORTH ANDOVER PERMIT FOR PLUABING �SsA Hoe � This certifies that.... ....................... :...! .::.—................ ................................... has permission to perform.. plumbing in the buildings of ................................. .......... ... ... .......................... at i. .........-�:. '. .: . 5'1::... : 4. A sz-.....t....., NoAh Andover,Mass. Fee IA . ......Lic. No' . .i.` 1 t ... ................................................................................. Jr` PLUMBING INSPECTOR Check# Il • 0 Shlaurunlcon ]Lalyv\ AssolcctLaltrces, ][iniac, September 22,2015 By facsimile(1-978-688-9542)(2 pages) and regular mail Mr. Gerald Brown,Inspector of Buildings Town of North Andover Building Department 1600 Osgood Street Building 20,Suite 2035 North Andover,MA 01845 RE: Owner; North Andover Holdings,LLC CC: Pilot Construction,Inc. Sub.: National Refrigeration,Inc, Pro'ect: Berry Farms Berry Street.North Andover,MA("Project") Dear Mr.Brown: This office represents National Refrigeration,Inc. (WRP . It is our understanding that NRI has applied for a plumbing permit iu connection with the above- referenced Proj ect and was quoted a pemait fee of$58,106.00 and that such fee was based on the total cost of the Project,rather than the estimated cost of the construction to be performed by NRI. Our client has calculated the"Minimum Fee"based on the type of construction and number of units as well as the fee based on the cost of plumbing construction per the Town of North Andover's published Plumbing Permit Fees,effective as of July 1,2002 and has calculated permit fees far less than the fee quoted, Kindly advise how your office calculated the permit fee for NRTs proposed plumbing work and the basis of same, This facsimile transmission and the accompanying documents contain legally privileged and confidential information. The information Is intended only for the use of the recipient(s)named .herein. If you are not an intended recipient,you are hereby notified that any disclosure,copying, distribution or exploitation of,or the taking of any action in reliance on,the contents of this facsimile is strictly prohibited. If you have received this facsimile in error,please notify.us immediately by telephone to arrange for return of the original documents at our expense. phi~ Town Colony Drive,Suite 504 0 0&ncy,Massachusetts o-169 0 (617)479-1313 8 Fax,OxJ)419-l'-133 Mr. Geiald Brown,Inspector of Buildings Town of North Andover Building Department September 22,2015 Page 2 Thank you. Very truly yours, Francis A, Shannon,II / FAS/ms cc: Mr.Jack F.King,Jr, (by email only) Thomas J.Urbelis,Esq, (by email only) 5317;004:09-2210AS-GB. P1 Communication Result Report ( Sep, 22, 2015 4-25PM ) ' z - Date/Time, Sep, 22r 2015 4:24PM file Page No, Mode Desh nation Pg(S) Result Not Sent ----------------------------------------------------------------------------------------------------- 0888 Memory TX 197866895421 P, 2 OK ---------------------------------------------------------------------------------------------------- Reason for error .y E. 1 Han¢ up or line fail E. 2) Busy E. 3 No a n s w c r E. 4 No facsimllc connection E. 5 Exceeded max. E—mall size E. 6 Destination does not support IP—Fax shaxwon Law AssociAteg'Inc.- Septemba22,2015 ' By&W-1.(1-77"U-9542)(2 pages)dndregah-" hlc Garold A'—.'ingr_alor ofJduild'iapp TowuofHorthArdoveBu0dingDcpartman ' 1600 Osgood street Baildhrg2D,SIiL02035 bl-hAn&vc,WAOL145 M. Oew"r•. No>tbAndaverlkl•IiW U-C OG PDotCanetmatipq fm. SIb: NatlonaLRrtdguntlon,hn. Prolew Bcsy rams StTxeu North.Audover.WA M^P ext9 Dem 1dr.]dro6v: 7hleaffiaoepraeals NpflopalRn6dge Ilm,fue.('Ngly.ht+aar ' uadragpdisglhatNltI6az ppplirdloraplumbiog pa�ltmrmar#loo wDhlSc shave• . refaM ud PmJxt mdrrni quotedap:mithc efS51,106.00mdlhatmrh-fn wu hood • oo tho lutol wstoft>xPmjat,nthu 0uaihcali- . 'radafthe moslrocfipntobe peffimedby NHL. 'i OarWirathm ealonLtrd We R.1m'mum Pee"based on the type afmaihootian and numhaofup0s uwaU rs Wn Cee bssed m theoosl of plunbiag W+shuatimspec 0¢ Town aMarthA.6vee,puhll6r01..hing P—it Feat e&dve ss of laly 1,2002 W hu aLculeted psndtieale,Jea fl..the fm gootcd. Tandy oasis,]ww yow office cdoWaled tho pnmitftobot 2>xGproposed phvrW aw>�udIhabw, af....,.. o.".mnb...ad rh"ega.r,gnr dee"nuer ee"hl.hnlq ra3dgJ ud e..w.v ll.e,=.n..as.r.r®nh"hb.—'«lyava..u.rwndp=-.4 c1-Inwd .de1W117;2 d = d = 1-177-1-- u Rtimp. 31 r uckNuRtirypoW31rah.. ).dOulW .m0—"lymmmbtur _ bT I nh brrJendtle.eNlW d.�ahLe.r . y"o a..va Gl.,..y ne{vq 6ulm yoi rr Qyl"cy,AI>esa�o"c.oa6p (6q)479•,3'5• (&JJ+99 u G Francis A. Shannon,III, Esq. From: Brown,Gerald <GBrown@townofnorthandover.com> Sent: Wednesday,September 23,2015 11:45 AM To: Francis A.Shannon,III, Esq.;Thomas Urbelis(tju@uf-law.com) Cc: Kfoury,Eric Subject: National/BerryFarms-Plumbing Fees for Berry Street Project Attachments: 201509230824.pdf Dear Mr.Shannon, In response to your letter received by email on September 22,2015,the following documentation outlines our fee schedule. On page two please refer to part A and B located at the top of the page for the calculation of the building permit fee. .On page three please refer to 1. Rate Schedule for New Building located at the top of the page for the calculation of the plumbing permit fee. On page four is the North Andover Fee Calculation based on the cost of the job for plumbing and electrical. For a job that costs$38,737,375.00 the plumbing fee is$58,106.06 for four residential buildings and one community building. On page five the total fee broken down by building based on the square footage of each. Please be aware that a plumbing permit(#11363)was issued on September 18,2015 in the amount of$9878.00 for Building#1 at 16 Berry Street. Thank you, Gerald Brown Inspector of Buildings Town of North Andover ----Original Message---- From: noreply@townofnorthanfover.com [maHto:noreply@townofnort hanfover.coml Sent:Wednesday,September 23,2015 8:24 AM To: Brown,Gerald Subject:Message from"CommDev-Ricoh" This E-mail was sent from"CommDev-Ricoh"(Aficio MP C4502). Scan Date:09.23.2015 08:24:00(-0400) Queries to: noreply@townofnorthanfover.com All email messages and attached content sent from and to this email account are public records unless qualified.as an exemption under the Massachusetts Public Records Law. Visit us online at www.townofnorthandover.com Social Networks twitter.com/north_andover www.facebook.com/northandoverma 1 09 hlaununio n �L�arpv A\5 scolccilalt en,, Inc,, September 22,2015 By facsimile(1-978-688-9542)(2 pages)and regular mail Mr.Gerald Brown,Inspector of Buildings Town of North Andover Building Department 1600 Osgood Street Building 20,Suite 2035 North Andover,MA.01845 RB: Owner: North Andover Holdings,LLC GC: Pilot Construction,Inc, Sub,: National Refrigeration,Inc. Prosect: Berry Farms Berry Street,North Andover,MA("Prosect'1 Dear lAr.Brown: This office repz'eseiits National Refrigeration,Inc, ("NRI"). It is our understanding that NRI has applied for a plumbing permit in connection with the above- referenced Project and was quoted a permit fee of$58,106,00 and that such fee was based on the total cost of the Project,rather than the estimated cost of the construction to be performed by NRI. Our client has calculated the"Minimum Fee"based on the type of construction and number of units as well as the fee based on the cost cf plumbing construction per the Town of North Andover's published Plumbing Permit Fees,effective as of July 1,2002 and has calculated permit fees fax less than the fee quoted. Kindly advise how your office calculated the permit fee for NRI's proposed plumbing work and the basis of same. This facsimile transmission and the accompanying documents contain legally privileged and confideatW information. The information is intended only for the use of the recipients)named heroin.If you are not an intended recipient,you are hereby notified that any disclosure,copying, distribution or exploitation of,orthe tnldng of any action in reliance on,the contents of this facsimile is strictly prohibited, If you have received this facsimile in error,please notify us immediately by ' telephone to arrange for return of Eke original documents at our a ease. goo Crown Colony DAve,sixite Sod o gxxincy,Massachusetts oli&).®(617)479'1313 Q Fax.(617)479-x9- I TOWN OF NORTH ANDOVER BUILDING PERMIT FEES Building Permit Fees exclusive of mechanical and utility fees A. The estimated cost of new construction shall be based on a cost factor of one hundred twenty five ($125.00)dollars per square foot. B. Estimated construction of additions,alterations,and remodeling shall be the actual contract price. The permit fees shall be twelve dollars($12.D0)per thousand based on the estimated costs of construction. C. Copies of actual contract price may be required with building permit application. Fees adopted by the Board of Selectmen• 6-26-2006 ,Effective 7-1-2006 Miscellaneous Fees Fee Minimum Building Permit Fee $30.00 First$4,000.00 cost(or$12.00)per thousand of estimated construction cost which ever is greater Certificate of Occupancy—For Existing Structures $100.00 Certificate of Occupancy—New Constriction $100.00 (to be paid upon issuance of Building Permit) $50.00 Temporary or Partial Certificate of Use,$50.00 and or Use and Occupancy,per month Chimney/Fireplace—First$1,000.00 cost $30.00 (or$12.00)per thousand of estimated construction cost,whichever is greater) Signs $30.00 I (or$12.00 per thousand of estimated construction cost,whichever is greater Temporary Construction Sign—6 mos.Permit $50.00 Temporary Construction Trailer—6 mos.Permit $50.00 Reissue of Revoked/Suspended Building Permit $100.00(per time) Extension of Building Permit—6 mos,two time limit $50.00 Replacement of Building Card $50.00 Demolition Permit $1.00 to$2,000.00 $30.00 (or$12.00 per thousand of estimated demolition cost, whichever is greater ReinspectioaFee—Residential Structures $30.00 per trip Reinspection Fee—Commercial,Industrial or Education Structures $30.00 per trip Certificate of Inspection&Certificate of Structures Per Sec Table 106—Restaurants,Bars $100.00 Certificate of Inspection -Lodging +5 Units ea add unit $100.00 $ 10.00 In the event thntwork is started prior to the issuance of building permit,the permit foe will double • TOWN OF NORTH ANDOVER ,SfXCXlfit4 y PLUMBING PERMIT FEES Fees adopted by the Board of Selectmen; 6-24-2002 Effective 7-1-2002 1, Rate schedule for New Building,Additions and Alterations(Residential,commercial or Industrial&Education)1/10'h of 1.5%of the estimated cost of construction or the minimum fee,whichever is greater, 2. Residential(One(I)permit per building/unit required) Minimum Fee Fixture Fee Single Dwelling $55.00 $5.50 Single Dwelling—Renovation to Existing 25,00 5.50 ea. Single Dwelling—Addition 25:00 5.50 ea. Condominium/Townhouse—Unit 45.00 5.50 ea. Replacement of Existing Fixtures Only 30.00 2.50 ea. Reinspection Fee 30.00 ea. 3. Commercial&Industrial(One(1)permit per building/unit,required) Minimum Fee Fixture Fee Large Building $175.00 $5.50 ea. Large or Small Building Divided in Store,Office Office Manufacturing Units,etc. 85.00 5.50 ea, Additions Renovations 85.00 5.50 ea. Reinspecton Fee 30.00 ea.Per trip 4, Miscellaneous Fee Minimum Fee Electric or Gas Hot Water Heaters (Plumbing Replacement Only) $30.00 ea. Residential BackflowPreventers (Lawn Sprinkler&Sprinkler Head for Boiler(s) 25.00 ea. Commercial Backflow Preventers 60,00 ea, Capped Sewer Lines for Demolition 30.00 ea, 5, Special Fees Repair andMaintenance Permit(for condominium(s)Townhouse(s),Commercial,Industrial and Educational),up to two.(2) plumbers,(must have Iicensed plumber on staff). $250.00 per quarter. Log must be kept for inspection when permit is renewed each quarter or as requested by the Plumbing Inspector, Other fees,if not listed,to be determined by the Plumbing Inspector and shall not exceed$250.00. The applicable fee will double when work begins without the proper Plumbing Permit, Enter construction cost for fee cal- North Andover Fee Calculation Construction Cost $ 464,848.50 Plumbing Fee $ 58,106.06 Gas Fee 100 comm: Electrical Fee $ 58,106.06 Total fees collected $ 581,160.63 BERRY STREET 40B Berry Street Project 9/17/2015 Plumbing Permit Fee Sq.Footage %Sq.Footage $Fee For of Each Building of Each Building Each Building To Total Based on%of 5q.Ft. Building 1 52824 17% $9,878.00 Building 2 96961 31% $18,013.00 Building 3 76748 25% $14,527.00 Building 4 77506 25% $14,527,00 Clubhouse 5860 2% $1,162,00 &Shed Total 309899 100% $58,107.00 i - i � � a Abbiterio:AWer( )9oi1WngOepL(' t Conservation( ) Zoning ROwREMEmr_• u.GL 46A.Sedbif 119ats in pan TArGel inin.—U as usul a rrs,chalxe shag rrr-the px9oner abAters,aanats ofrand iftUty wqp leon am pubicar pfwte."and abi.ltrslu atpiUm win - lhies Mujrxd(70�text of lhepmpafty rneaf tha.pxLLaneras that'appxar a,_u,e iraxrecEm appfuti� to<&st not wlhs[arA>r9that lhz lard afvrysud,.wmersiaated»anyhrr.�y'ar lo-rm,tlw�annr.3 i_ board or Ow cfr,ort"n,and Ug Fannng"of every alw:trq:cEy orimtn.' .. SubYeef P,'oaerltc � AlAP. PARCEL Name Address 106:D 33 North Andover,LLC 16 Berry Street NorWAndover,MA 01345 f Abutters Properties Map Parcel Name Address 106.D 30 Beniamin:Fer-num 397 Farnum Street North Andowr,.MA,01845 1.06.D 31 Benjamin Famum 397 Famum Street North Andover,MA 01845 106.1) 38 Robert&Joan Houghton: 44 Ash Street North Andover,..MA 01845 106:1) 39 Keith Thompson 1:42 Berry.Street Nprlh.Andover,MA 01845 10G:D 41 Robin Cotombosian 21 Ash Street North Andover,:MA 01845 106.1) 42 Nancy Houghton 24 West.Bradstreet Road North Andover,MA 01845 106,D 45 John Hagerty 1,874 Turnpike Street North Andover,MA 01845 106,1) 46 Stonewall Plaza,LLC 325 North Main Street#15B Middleton,MA 61949 106.1) 47 Jean Prouk 1812 Turnpike Street. North Andover,MA.01845 106:1) 58 Nancy Houghton 24 West Bradstreet Road North Andover,MA.01845 106:D 63-76 Denise GOOD 76 Compas6,Point Road North Andover,jMA 01845 1D6,.D 63-78 Annette Imprescia 78 Compass Point Road North Andover,MA 01845 106.D 63-80 JamesWlliams 80 Compass Point Road Narth.Andover,MA 0.18:45 106.1D 63-82 Beverly Murphy 82 Compass Point Road North,Andover,MA 01845, 106.D 63-84 Danny Pelache 84 Compass Point Road North Andover,MA 01845 106:D 63-86 Michael Yoshio Iviamura 86 Compass.Point Road North Andover,MA 01845 106..D 63-88 Pedro Youssef 88 Compass Point Road North Andover,MA 01.845 106.D 63-90 Chlh Hui Chang 90 Compass Point Road North Andover,MA 0:1845 1066D 63-92 Matthaw:Guidi 92 Compass Point Road North Andover,MA 01845 tmb 63-94 John Webber 94.Compass Point Road North Andover,MA 01845 100.D 63-96 Donald Choi 96 Compass Point Road North Andover,MA 01845 106:D 63=98 Eric Hilman: 98 Compass Point Road North.Andover;MA 01845 106.D 63-100 Joseph Lavery 100 Compass Po'intRoad North Andover,MA 61845 106:D 68 Steven.James Wiles 89 Windsor Lane North Andover,MA 01845 106.D 69 Willie.Joe:Edviards 90 Wndsor Lane North Andover,MA 01845 106:D 70 Matthew Carpenter 72 Windsor Lane North Andover,MA 01`845 106.0 71 Edward Zablocki 60 Windsor Lane North Andover,MA 01845 1.06.1) _ 72 Kelly Weeder: 48 Windsor Lane Noilh.Andover'MA 01848- 106.D 73' Thomas Royce 36 Windsor Lana North Andover,MA 01845 106.1 74 Jeffrey Moon 1.41 Berry Street North Andover,MA 01845 I 106.D 75 Terrance Landers 129 Berry Street NorthAndover,MA 01845 107.6 i Benjamin Farnum 426 Famum Street North Andover,MA 01845 107.6 20 Daniel Gill 10 Colonial Avenue North Andover,MA 01845` 107.8 21 Spar&Spindle Girt Scout PO Box 1'Oi0 Middleton,MA.01949 10.7.6 '23, A.C.Builders 60 Beechwood Drive North Andover,MA 01845 107.8 77' Qing He 1845 Turnpike Street North Andover,MA' 01845 107.6. 80. Health Care Reit,Inc. 4500 Dorf Street Toledo,OH 46315-404 107.6 95 John C.Famum Estate 426 Famum.Street North Andover MA 0.1846 i.w'B 96 John C Farnum.Estate 426 Famum Street North Andover,MA 01845 : 107.6 171 Forest View Homeowners Assoc_ 49 Garnett ircle North Andover,MA 01845 108.0 44 Commonwealth of MA Depart.of Enviromental.Management 100 Cambridge Street Boston,MA,02114 I _ Date 12il5 ciz Page 1 of 1 This certifies that th-e ham6S appearing on the records ar the Msew:sors Offi0e 05 of � � ar Certified b _ tutee �qtr, � � 5 z CHAAIlC4k ®IVTRA4;Y01S�' December 15 2015 TownofNorth Andover- -0i North Andover Zoning Board of Appeals a r�L c 1600 Osgood Street Building 20, Suite 2-3)6 North Andover,MA 01845 RE: Letter of Authoritv for.National Refri. eratiori, Inc, V -` Dear Sir or Madam: L7 connection with the application for finding submitted by National _ Refrigeration,Inc. ("National Refrigeration")to the North Andover Zoning r Board of Appeals relative to 16 Berry Street,Noith.Andover,Massachusetts, mayvai . please accept this correspondence as National Refrigeration's letter of authority for Shannon Law Associates hie..to represent National Refrigeration before the Zoning Board of Appeals in connection with the hearing for same. y i� ack F. Senior V e President Wi» xa +bra' x^.S.4" ''�' Wt, E - < r � r ti AIR CONDITIONING T. SHI=ET NI�TAL � PLUMBING � HEAT ING • 6 Bk 12923 P9102 -12126 05-01-2012 a`1 41 =$6n MASSACHUSETTS STATE EXCISE TAX Essex Horth Registry Date: 05-01-2012 1 01:36pe Ctl;: 174 Dost., 12126 Fee: $4YW2.00 Cots: S1Y075000.00 0 a x ouittiacim Web 60 z WE, (i) Margaret J. Fiore, Trustee of Berry Street Trust u/d/t dated August 7, 1981 and recorded with the Essex North Registry of Deeds (the "Re is "} at Book 1524, Page 97, as amended by Trustee's Certificate and First Amendment to the Berry Street Trust, dated May 9, 2006, and recorded with the Registry at Book 10177,Page 74 and further amended by Trustee's Certificate and Second Amendment, dated December 16,2009,and recorded with the Registry at Book 11882, Page 180 (collectively the "Trust") having a mailing address of 16 Berry Street, North Andover, Massachusetts 01845, and (ii)Diane Petrosino of Windham, MA;Lisa Fox of ti Harvard, MA; Janet Ansaldi of Wenham, MA; V.James Fiore of Bradford, MA; and Steven Y3 Fiore ofNorth Andover,MA,being all of the beneficiaries of the Tnist for consideration paid and in full consideration of One Miffion Seventy Five Thousand and no/100($1,075,000.00)Dollars z 0 Q grant to NORTH ANDOVER HOLDINGS, LLC, a Massachusetts limited liability company of 0 231 Sutton Street,Suite 113,North Andover,Essex County,Massachusetts with quitclaim covenants w 0 a See Attachment"A" BEING A PORTION OF THE PREMISES described in a deed dated August 7, 1981 to the Trust from Frank G.Fiore,Jr.,et ux recorded with the Registry at Book 1524,page 103. Bk 12923 Pg103 #12126 i Then personally appeared the above witness our hands and seals,this„e day of April,2012. rnamerJ .W'dwe PoTeos;wo ;.rr•,resmd and did acknowledge the foregoing insir►xment to be his/her free. Berry Street Trotuct and deed before me. BC Y M�y Fiore rustee Diane Petrosino V. Qt;.4v� pr-6n personally appeared the qd A a dtd ;.Lisa Fox V.J es Fiore as of oresaid and did acknowledge foregoing instrument to behi&%er f act and deed before me, Steven Fiore KERRY L CURLEYAns dt Thea personally appeared the above Wary PU61it ' ���� �to t0-01iKy������ Then personally appeared the above. .-<<.aid and did acknowledge the S- 3l• Zo f 3 named �A�tT ur (' ;.;ng instriunent to be his/her Ecce as aforesaid and did acknowledge thie act and deed before me. foregoing instrument to be his/her free Commonwealth of Massachusetts act and deed before me. On this day of April,2012,before me,the undersigned notary public,personally appeared Margaret I Fiore,Trustee of Berry Street Trust;proved to me through satisfactory evidence of identification,which were (K., r,•�-L_ ,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that said person signed it voluntarily for its stated purpose. A? Nokaiy Puk, My Commission Expires: QASIORr � t���i�� n:Y T `/r��%V ii L a°-ON Bk 12323 Pg103A #12126 Commonwealth of Massachusetts ss. On this ) day of April,2012,before me,the undersigned notary public,personally appeared Diane Petrosino;proved to me through satisfactory evidence of identification,which were -6-Nt1i ,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that said person signed it voluntarily for its stated purpose. i Notary Nblic My Commission Expires: S- 3r--A� /3 Commonwealth of Massachusetts ss. On this day of April,2012,before me, the undersigned notary public,personally ap ared Lisa Fox;proved to me through satisfactory evidence of identification,which were 1 Zje, A u2 _ ,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that said person si ed it voluntarily for its stated purpose. //�� �6 otary 7P My Commission Expires: `+++� Tp{1 rrir� 014 a:'. ��' I""0k `iP• Commonwealth of Massachusetts - ;�� •}x= O% 4) 6 C� qy� 4n this day of April,2012,before me,the undersigned notary public,personally, appeared V.lames Fiore;proved to me through satisfactory evidence of identification,which were M►,J Ta V4.e— ,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that said person signed it voluntarily for its stated purpose. Notary PII 11C `„+ttttuwttyrgf� My Commission Expires: 5- 3(-acyl 3 ORt v'..........Fr = :� < CC* II Bk 12923 Pg103B #12126 Commonwealth of Massachusetts Ie�G�,e mss. On this -3 4 day of April,2012,before me,the undersigned notary public,personally appeared Steven Fiore;proved to me through satisfactory evidence of identification,which were_ rwc, ,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that said person signed it voluntarily for its stated purpose. l 'r/—j 6'� d� ulryrrri Notary Public ���.� •{ L; CV ra,, My Commission Expires: R< Commonwealth of Massachusetts ss. On this -3,p day of April,2012,before me,the undersigned notary public,personally appeared Janet Ansaldi;proved to me through satisfactory evidence of identification,which were eKl~ 7s 04-e-- ,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that said person signed it voluntarily for its stated purpose. Notary Publ c ��ti�n,nruu'►rrri My Commission Expires: 'S--3+-2-0( � ��� � L. C� '�•y, r � _ =ylri g w ;•y�= Bk 12923 Pg103C #12126 ATTACHMENT"A" A parcel of land shown as Lots 1-9, inclusive,Parcels A&B and the Roadway to be known as Framar Way, all on or off Berry Street and/or Fern Street, in the Town of North Andover, Commonwealth of Massachusetts, shown on Sheet C2.1 on a set of plans entitled "Definitive Subdivision Plan, Farmer Way,Off Berry Street,North Andover, MA",dated August,2011, 2000, Revised on October 27,2011, November 21, 2011 and December 22, 2011 (the "Plans"). Said Plans to be filed at the Essex North District Registry of Deeds,herewith.. Said parcel being more fully described as follows: BEGINNING AT A POINT on a stonewall on the westerly sideline of Fern Street, said point being the easterly most point of the parcel,said point being 7.32'northwesterly from a Drillhole in the stonewall, as shown on said above referenced plan;thence N 85°45'03"W and 59.44 feet to a point;thence S 84°25'26"W and 113.92 feet to a point;thence S 84°25'26"W and 26.63 feet to a point;,thence S 4840'50"W and 104.77 feet to a point;thence Thence, along a non-tangent curve to the left having a radius of 200.00 feet, .a central angle of 11°35'18",a tangent length of 20.29 feet,.the long chord of which bears S 10°12'10"E for a distance of 40.38 feet with a radial line in of 85°3529"E and a radial line out of S 74°00'11"W for an arc length of 40.45 feet to a point; S 1905949"E and 108.13 feet to a point;thence Thence, along a tangent curve to the left with a radius of 28.00 feet, a tangent length of 28.00 feet, a central angle of 90°00'00", the radius of which bears N 74°00'11"E, the chord of which bears S 60059'49"E for a distance of 39.60 feet;Thence along the arc of said curve for a distance of 43.98 feet to a point on a stonewall on the northerly sideline of Berry Street;the last seven courses by land now or formerly of Margret Fiore;thence S 74900'11"W and 340.08 feet to a point;thence Thence, along a tangent curve to the right with a radius of 100.00 feet, a tangent length of 30.24 feet,a central angle of 3303859", the radius of which bears N 15°5949"W and the chord of which bears N 89°10'20"W for a distance of 57.89 feet; Thence along the are of said curve for a distance of 58.73 feet to a point; N 72°20'50" W and 559.20 feet to a point, the last three courses along a stonewall on the northerly sideline of Berry Street;thence i Bk 12923 Pg103D #12126 N 17°39'10"E and 215.73 feet to a point;thence S 72°20'50"E and 357.37 feet to a point;thence S 27°51'06"W and 49.06 feet to a point;thence S 62008'54"E and 152.79 feet to a point;thence N 27°51'06"E and 49.06 feet to a point;thence N 23°28'33"E and 41.75 feet to a point;thence S 62°12'05"E and 31.29 feet to a point;thence N 80°15'18"E and 33.95 feet to a point;thence N 70°12'01"E and 13,41 feet to a point;thence N 70012'01"E and 84.98 feet to a point;thence N 51 020'59"E and 30.14 feet to a point;thence N 01'57'58"E and 52.86 feet to a point;thence N 17005'38"W and 31.55 feet to a point;thence N 44°51'54"W and 68.61 feet to a point;thence N 82"19'3 6"W and 44.18 feet to a point;thence S 64014'32"W and 26.03 feet to a point;thence N 37°23'16"W and 446.15 feet to a point;thence N 31°03'27"E and 54.30 feet to a point;thence N 7905929"E and 131.98 feet to a point;thence N 31033'46"E and 168.98 feet to a point on a stonewall on the westerly sideline of Fern Street the last twenty courses by LOT 12(remaining land now or formerly of Margret Fiore);thence S 23°20'36"E and 78.56 feet along a stonewall to a point;thence S 18°31'29"E and 63.26 feet along a stonewall to a point;thence Bk 12923 Pg103E #12126 S 03°4I'l2"E and 31.97 feet along a stonewall to a point;thence S 16°04'00"W and 21.69 feet along a stonewall to a point;thence S 38°00'38"W and 18.57 feet along a stonewall to a point;thence S 59°52'56"E and 41.96 feet along a stonewall to a point;thence S 64°23'01"E and 53.01 feet along a stonewall to a point;thence S 67°04'09"E and 18.16 feet along a stonewall to a point;thence S 55°23`39"E and 15.74 feet along a stonewall to a drill hole;thence S 50055'36"E and 11.95 feet along a stonewall to a point;thence S 30°05'53"E and 26.66 feet along a stonewall to.a-drill hole;thence S 40°05'41"E and 42.96 feet along a stonewall to a point;thence S 44005'14"E and 55.74 feet along a stonewall to a drill hole;thence S 48°23'31"E and 63.82 feet along a stonewall to a drill hole;thence S 56016'12"E and 52.66 feet along a stonewall to a drill hole;thence S 56"1612"E and 10.52 feet along a stonewall to a drill hole;thence S 59°35'15"E and 20.84;feet along a stonewall to a point;thence S 53°41'39"E and 72.09 feet along a stonewall to a drill hole;thence S 40°18'32"E and 38.64 feet along a stonewall to a point;thence S 36°43'11"E and 33.52 feet along a stonewall to a drill hole;thence S 26012'47"E and 36.67 feet along a stonewall to a drill hole;thence S 42037'07"E and 41.36 feet along a stonewall to a drill hole;thence S 53050'19"E and 39.96 feet to the POINT OF BEGINNING. CONTAINING:379,880 square feet or 8.72 acres of land,more or less. Meaning and intending to convey, and hereby conveying,all of the property shown on the Plans,with the exception of Lots 10, 11 and 12. i ' Bk 1.4277 P928 *15371 06-26-2015 a 01 n,?4P nASSACHJSETTS STATE EXCISE TAX Essex North Resistra Data: 06-26-2315 a 01:04am Ct14: 209 Do,_4: 15371 Fee' $5P549.52 Cons: $11216Y666.00 r (Quitclaim 313eeb u WE, (i) Margaret J. Fiore, Trustee of Berry Street Trust u/d/t dated ALgust7, 9 andrecorded with the Essex North Registry of Deeds (the "Registry") at Booke 97, as amended by Trustee's Certificate and First Amendment to the Berry Street Trust, dated May 9, 2006, and recorded with the Registry at Book 10177, Page 74 and further amended by Trustee's Certificate and Second Amendment,dated December 16, 2009,and recorded with the Registry at }- Book 11882, Page 180 (collectively the "Trust") having a mailing address of 3 English Commons, Topsfield, MA, and (ii) Diane Petrosino of Windham, MA; Lisa For of Harvard, MA; Janet Ansaldi of Wenbam, MA; V. James Fiore of Bradford, MA; and Steven Fiore of 044 North Andover,MA,being all of the beneficiaries of the Trust for consideration paid, and in full consideration of One Million Two Hundred Sixteen Thousand Six Hundred Sixty Six and no/100($1,216,666)Dollars z 0 Q grant to NORTH ANDOVER HOLDINGS,LLC, a Massachusetts limited liability company of U 231 Sutton Street,Suite 1B,North Andover,Essex County,Massachusetts 0 ..i with quitclaim covenants LU CL O W See Attachment"A" a BEING A PORTION OF THE PREMISES described in a deed dated August 7, 1981 to the Trust from Frank G.Fiore,Jr_,et ux recorded with the Registry at Book 1524,page 103. I (KO577659,2) • Bk 11@77 Pg29 #15371 ----- — n- - - - — Witness our hands and seals,this day of June,2015. Berry Street Trust By: Marg et J.Fiore,Trustee iane Petrosino N V,1\ Lisa Fox V.James Fiore Steven Fiore et Ans di Commonwealth of Massachusetts �sSe�C ss. On this �.'qday of June,2015,before me,the undersigned notary public,personally appeared Margaret J.Fiore,Trustee of Berry Street Trust;proved to me through satisfactory evidence of identification,which were Mn to be the person whose name is signed on the preceding or attached document and acknowledged to me that said person signed it voluntarily for its stated purpose. KERRY L. CURLEY (Votary Public Commonwealth of Mossachuser Pu to My Commission Expires My Commissionires: Ma 154 2020 {0577659.2) • Bk 11077, Pg30 #15371 Commonwealth of Massachusetts On this �Lday of June,2015,before me,the undersigned notary public,personally appeared Diane Petrosino;proved to me through satisfactory evidence of identification,which were M A DeL4ce s Lr 4 e—,aas c--- ,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that said person signed it voluntarily for its stated purpose. KERRY L. .CURLEY Notary Public Commonwealth of Messechusetts My Commission Expires May 15; 2020 Notary Pu lic My Commission Expires: Commonwealth of Massachusetts On this 9-4 6, day of June,2015,before me,the undersigned notary public,personally appeared Lisa Fox;proved to me through satisfactory evidence of identification,which were W A tD kL ve k'c E.'=W,-�!Q to be the person whose name is signed on the preceding or attached document,and acknowledged to me that said person signed it voluntarily for its stated purpose. KERRY L. .CURLEY WNotary Public Commonwealth of MassachusettsMy Commission Expires May 15, 2020 Notary Public My Commission Expires: Commonwealth of Massachusetts On this A q'L day of June,2015,before me,the undersigned notary public personally appeared V.James Fiore;proved to me through satisfactory evidence of identification,which were AIA a E',vea s to be the person whose name is signed on the preceding or attached document,and acknowledged to nie that.said person signed it voluntarily for its stated purpose. KERRY L. CURLEY Notary Public Commonwealth of Massachusetts C My Commission Expires May 15, 2020 Notary Pub is My Commission Expires: tK6S776592} Bk 177 Pg31 #15371 Commonwealth of Massachusetts On this 11-1 Aday of June,2015,before me,the undersigned notary public personally appeared Steven Fiore;proved to me through satisfactory evidence of identification,which were_ M K D sx.J-a L.ire nes e ,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that said person signed it voluntarily for its stated purpose. KERRY L. CURLEY ILI Notary Public commonweaHh of Massochusetts A My Commission Expires May 15, 2020 Notary W/ My Commission Expires: Commonwealth of Massachusetts On this day of June,2015,before me,the undersigned notary public,personally appeared Janet Ansaldi;proved to me through satisfactory evidence of identification,which were. v►arA 6Q,\dGe s gs 6- ,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that said person signed it voluntarily for its stated purpose. KERRY L. CURLEY * Notary Public Commonwealth of Massachusetts My Commission Expires May 15, 2020 Notary Pu is My Commission Expires: I fK0577659.2) Bk 11077 Pg32 #15371 ATTACHMENT A A parcel of land shown as Lot 12 (a k.a Remaining Land) on Berry Street and Salem Turnpike, in the Town of North Andover, Commonwealth of Massachusetts, shown on Sheet C2.1 of a set of plans entitled"Definitive Subdivision Plan, Farmer Way, Off Berry Street,North Andover,MA',dated August,2011,Revised on October 27,2011,November 21, 2011 and December 22,2011 (the"Plans"),filed at the Essex North District Registry of Deeds as Plan No. 16683. Containing 762,670 s.f. of laud,more or less, according to the' Plans. Said Lot 12,being more fully described as follows:. BEGINNING AT A POINT,said point being the southwesterly comer of the lot located on the northerly sideline of Salem Turnpike (Rt-114), and at land now or formerly of the Spar & Spindle Girl Scout Council. Thence, along a non-tangent curve to the left having a radius of 3429.46 feet by the Northerly sideline of Salem Turnpike,a central angle of 04°51'37", a tangent length of 145.54 feet,the long chord of which bears S 46°23'35"E for a distance of 290.83 feet with a radial line in of N 46102'14"E and a radial line out of S 41°10'37"W for an arc length of 290.91 feet to a point; S 72°20'50"E and 318.00 feet by the northerly sideline of Berry Street to apoint;thence N 17'39'10"E and 215.73 feet by Lot 1 to a point;thence S 72020'50"E and 357.37 feet by Lots 1 thru 3 to a point;thence S 27°51'06"W and 49.06 feet by Lot 3 to a point;thence S 62°08'54"E and 152.79 feet by Lots 3 &4 to a point;thence N 27051'06" E and 49.06 feet by Lot 4 to a point;thence N 23°28'33"E and 41.75 feet to a point;thence S 62°12'05"E and 31.29 feet to a point;thence N 80"15'18"E and 33.95 feet to a point,;thence N 70°12'01"E and 13.41 feet the last 4 courses by Lot 5 to a point;thence N 70012'01"E and 84.99 feet by Lot 6 and Parc.A to a point;thence N 51120'59"E and 30.14 feet by Parc.A to a point;thence (KQ577659-21 Bk 41277 Pg33 #15371 N Ol°57'58"E and 52.86 feet to apoi-nt-thence N 17005'38"W and 31.55 feet to a point;thence N 44°51'54"W and 68.61 feet to a point;thence N 82°19'36"W and 44.18 feet to a point;thence S 64014'32" W and 26.03 feet to a point;thence N 372316"W and 446.15 feet to a point;thence N 31°03'27"E and 54.30 feet to a point;thence N 79°59'29"E and 131.98 feet to a point,the last 8 courses by Lot 7; thence N 31033'46" E and 168.98 feet by Lot 8 to a point on the westerly sideline of tern St;thence N 23°20'36"W and 9.48 feet along a stonewall to a point;thence N 259729" W and 92-82 feet along a stonewall to apoint;thence N 22°58'02"W and 40.74 feet along a stonewall to a point;thence N 07°55'33" W and 44.23 feet along a stonewall to a point;thence N 05°5831"E and 17.46 feet along a stonewall to a point;thence N 10°44'21"E and 66.29 feet along a stonewall to a point;thence N 05'0'8'27"'E and 24.59 feet along a stonewall to a point;thence N 12°08'26"W and 69.04 feet along a stonewall to a point;thence N 1915'50"W and 39.51 feet along a stonewall a point, the last 9 courses by said sideline of Fern St.;thence S 53°28'24"W and 56.01 feet along a stonewall to apoint;thence S 56013'41" W and 30.37 feet along the centerline of a ditch to a point;thence S 64°31'51" W and 10.%feet along the centerline of a ditch to a point;thence S 68'57'01 W and 27.77 feet along the centerline of a ditch to a point;thence (K05776592) i Bk 477 Pg34 #15371 S 57°07'07" W and 36.46 feet along the centerline of a ditch to a point;thence S 52°5715" W and 47.19 feet along the centerline of a ditch to a point;thence S 42°24'07" W and 43.23 feet along the centerline of a ditch to a point;thence S 25°23'34" W and 37.33 feet along the centerline of ditch to a point;thence S 06°17'26"E and 49.05 feet along the centerline of a ditch to a point;thence S 53°21'23"E and 24.77 feet along the centerline of a ditch to a point;thence S 10°09'42"W and 29.00 feet along the centerline of a ditch to a point;thence S 20°07'02"W and 21.19 feet along the centerline of a ditch to a point;thence S 18°38'41"W and 42.97 feet along the centerline of a ditch to a point;thence S 22°42'53"W and 46.33 feet along the centerline of a ditch to a point;thence S 24°16'03"W and 46.58 feet along the centerline of a ditch to a point;thence S 20°36'27"W and 32.34 feet along the centerline of a ditch to a point;thence S 12°57'50"W and 57.57 feet along the centerline of a ditch to a point; thence N 27°35'08"W and 87.99 feet along the centerline of a ditch to a point;thence N 49°20'07" W and 32.01 feet along the centerline of a ditch to a point;thence N 68°54'11"W and 23.74 feet along the centerline of a ditch to a point;thence N 78°35'52"W and 45.96 feet along the centerline of a ditch to a point;thence N 77°41'57" W and 30.55 feet along the centerline of a ditch to a point;thence S 59023'04" W and 43.22 feet along the centerline of a ditch to a point;thence S 52°34'00"W and 45.25 feet along the centerline of a ditch to a point;thence N 43°37'01" W and 32.18 feet along the centerline of a ditch to a point;thence N 17°01'22" W and 40.99 feet along the centerline of a ditch to a point;thence (K0577659.2) Bk 77 Pg35 #15371 N 24008'06" W and 81.04 feet along the centerline of a ditch a point,the last 26 courses being by land now or formerly of the John C.Famum Estate;thence S 52'027'16" W and 8.17 feet to a Drill Hole in a stone wall; thence S 5202716"Wand 88.60 feet along a stonewall to a Drill Hole;thence S 56°41'26"W and 57.56 feet along a stonewall to a Drill Hole;thence S 48°42'14"W and 90.75 feet along a stonewall to a Drill Hole;thence S 60°00'09"W and 35.65 feet along a stonewall to a Drill Hole;thence S 66028'56" W and 39.94 feet along a stonewall to a Drill Hole;thence S 79"34'11" W and 78.55 feet along a stonewall to a Drill Hole at an intersection of walls;thence S 50017'54"W and 86.03 feet along a stonewall to a Drill Hole;thence S 53041'23" W and 59.01 feet along a stonewall to an intersection of walls, the last 9 courses being by land now or formerly of the John C.Farnum Estate;thence S 36°3.8'33" E and 24.42 feet along a stone wall to a point;thence S 20°52'30" E and 141.46 feet to a point;thence S 06°22'29"E and 155.01 feet to a point;thence S 87°47'19"W and 70.38 feet to the POINT OF BEGINNING,the last 4 courses by land now or formerly of the Spar&Spindle Girl Scout Council . CONTAINING: 762,670 square feet or 17.51 acres of land,more or less. {KO5776592} �rfit ,1''Ilii'=Mill illth,1111liq ;. i nM�� Ema:► led �o BOARD OF APPEALS G.k�o U►'� '� � nZJ R 3ln nm URBEL[S&FIELDSTEEL, LLP ISS FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 To: Zoning Board of Appeals Town of North Andover 1600 Osgood Street North Andover MA 01845 Wi I0W � BOARD OF APPEALS URBELIS&FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 To: Zoning Board of Appeals Town of North Andover 1600 Osgood Street North Andover MA 01845 URBELIS&FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 TxoMns J.IJRBELIS Telephone 978-475-4552 e-mail tju@uf-law.com Telephone 617-338-2200 L 0 w Telecopier 617-338-0122 `S u V May 24,2016 MAY 2 7 2016 FedEx BOARD OF APPEALS Clerk, Civil Business Essex Superior Court 56 Federal Street Salem,MA 01970 RE: NATIONAL REFRIGERATION,INC.V.TOWN OF NORTH ANDOVER CIVIL ACTION No. 1677CV00332 ..Dear Clerk: Enclosed for filing please find: 1. Affidavit of Merylle Chase 2. Affidavit of Eric J. Kfoury Please bring these Affidavits to the attention.of Judge Feeley who has a further hearing on this matter scheduled for May 26. Very truly yours, Thomas J. rbelis TJU/kmp Enclosure cc: Francis Shannon,III,Esq. (w/enc)(FedEx) Zoning Board of Appeals(w/enc) Eric Kfoury(w/enc) CERTIFICATE OF SERVICE I,Thomas J.Urbelis,hereby certify.that I forwarded a true copy of the foregoing by overnight mail,via Federal Express to: Francis Shannon,III, Esq. 300 Crown"Colony Dtive Suite 504 Quncy,MA_02`169 o Date: May 24,2016 Thomas J Uivelis sAwp5Mwork\n-andove\national refrigera6oaker ificate of service.doa - COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. TRIAL COURT SUPERIOR COURT DEPT. Civil Action No. 1677CV00332 NATIONAL REFRIGERATION,INC., Plaintiff V. TOWN OF NORTH ANDOVER acting by and through its ZONING BOARD OF APPEALS, Defendant AFFIDAVIT OF MERYLLE C. CHASE I, Merylle Chase, state under oath as follows: 1. I am the Department Assistant for the Zoning Board of Appeals for the Town of North Andover,Massachusetts. 2. On January 26, 2016 Zoning Board Decision#2015-010 was filed at the North Andover Town Clerk's Office. 3. On January 27, 2016 I mailed the attached correspondence(along with Decision #2015-010)to Shannon Law Offices on behalf of National Refrigeration,Inc. 4. On February 16,2016,the day after the appeal period expired, I mailed said Decision to abutters and again to Shannon Law Offices. Signed under the pains and penalties of perjury this.� day of May,2016. rn'U. Merylle d. Chase I Dear Shannon Law Associates on behalf of National Refrigeration,Inc. Date January 26,2016 As you know the Zoning Board issued a decision for the following permit Name of Applicant: Shannon Law Associates on behalf of National Refrigeration,Inc. For the Location of Premises:16 Berry Street(Map 106.D Parcel 0032),North Andover, MA 01845 (1-Finding) Your 20-day period will have passed at midnight:February 15,2016 1. Once the appeal period has passed,please pick up your-attested true copy of the Zoning Board's decision(s)at the Town Clerk's office located at 1600 Osgood Street, North Andover,MA 01845 2. Also Pick up your signed Mylar at the Town Clerk's office located at 1600 Osgood Street, North Andover,MA 01845 3. Please bring the Town Clerk's attested true copy of the decision(s)&the signed Mylar to the North Essex Registry of Deeds,354 Merrimack Street 3'd floor entrance C Lawrence,MA 01843(phone:978-683-2745),as the decision and Mylar must be filed at the Registry of Deeds as soon as possible. 4. Once items#1,#2 and#3 are complete please bring the following to the Zoning Department which is located at,1600 Osgood Street Bide 20 Suite 2035,North Andover MA 01845: a. Bring a copy of the recorded attested true decis€on(s) b, Two(2)paper copies of the recorded Mylar plans c. The registry of Deeds recelp� 5. Failure to file the Attested True Decisions and the signed Mylar with the Registry of Deeds will result in your inability to exercise your special permit and/or variance and your inability to obtain a permit with the Building Department. Building Inspectors Office Hours are typically from 8:00-10:00 and 1:00-2:00. If you have any questions or concerns,please feel free to call 978-688-9541 or fax 978-658-9642,Monday,Wednesday&Thursday 8;00 to 4:30 PM,Tuesday 8:00-6:00 and Friday 8;00-12;00. 20 DAY/APPEALLETTER I COMMONWEALTH OF MASSACHUSETTS ESSEX,ss. TRIAL COURT SUPERIOR COURT DEPT. Civil Action No. 1677CV00332 NATIONAL REFRIGERATION,INC., Plaintiff V. TOWN OF NORTH ANDOVER acting by and through its ZONING BOARD OF APPEALS, Defendant AFFIDAVIT OF ERIC J.KFOURY I, Eric J. Kfoury, state under oath as follows: 1. I am the Director of the Community and Economic Development Division (hereinafter the CEDD)for the Town of North Andover,Massachusetts. 2. The CEDD includes the Town of North Andover Building Department,which oversees all building, electrical,plumbing and gas permitting issues. 3. The CEDD conducted a limited examination of Plumbing Permit fees and calculation methods of thirty(30)Massachusetts communities located within the geographic area surrounding the Town of North Andover,which is included in this AFFIDAVIT as Exhibit A. 4. The methodologies of the Plumbing Permit fee calculations utilized by the thirty (30) communities are described in the memorandum titled"Memorandum in Support of the Affidavit of Eric J. Kfoury" and dated May 19, 2016,which is included in this AFFIDAVIT as Exhibit B. I 5. As indicated and described in Exhibits A and B of this AFFIDAVIT,the Massachusetts communities of Boxford, Gloucester,Hamilton,Marblehead,Methuen, Middleton,North Reading, and Peabody use fee calculation methods that are directly comparable to North Andover's Plumbing Permit fee calculation method. The average fee of these eight(8) communities, including North Andover, is $76,616. 6. The seven(7)communities that abut North Andover are Andover,Boxford, Haverhill,Lawrence,Methuen,Middleton and North Reading. As indicated in Exhibit A of this AFFIDAVIT,the average Plumbing Permit fee of these abutting communities plus North Andover is $57,436. 7. As indicated in Exhibit A of this AFFIDAVIT,the average fee of the thirty(30) communities, including North Andover,is$45,015. Signed under the pains and penalties of perjury this day of May,2016. Eric J.KfAy �7 e--41 2 EXHIB. 11 ITA TOWN FORMULA FEE TOTAL Amesbury $65/per unit plus$15/fixture* $33,320 Andover $200/per unit plus$5/fixture $46,060 �oxf d' L 6 =3 $1D00 on e Ximptod4-V if value of`#t ltfin` f` Y 77, 83 Chelmsford $60/unit plus$8/fixture $22,736 Danvers $100/unit plus$5/fixture $26,460 Dracut $150/unit $29,400 Georgetown $35/unit plus$6/fixture plus 10% $15,092 Groveland .$100 plus$7/fixture $33,320 axniltara . , 1fl fat 1 $1000f1611estlrnated e6st`4.7baiiditt17r rte 4 $77 483 lus2adttronfOO Haverhill $100/unit plus$20/fixture $47,040 Ipswich $75 for first 5 fixtures plus$15/additional fixture $20,580 Lawrence $60/unit plus$10/fixture $25,480 Lowell $75/unit for 15Y 5 fixtures plus$8/additional fixture $17,836 arlbeliead '16 Merrimac Merrimac $125/unit plus$20/fixture $51,940 Qthuen $egnntrig iay'3.,20151Ob/ofillecos4 ttieurldrg Fe mtt{$464;64$) $4b 485 id Leto: 1fl for V.,X1000 an esttrated value.oftiutiding s . . X77 4.83 ��us$2Jaddtttcartal$1.040•,... Newbury $75/unit plus$5/fixture $21,560 Newbu yport $30/unit plus.$60 for 2 inspections/unit plus$10/fixture $31,360 .en� _ � �_, ,�-'�.�'`°" Nor#h Andtouer t x 1 10thfof l 5°°o he estiimatedzcostsofconstruction $ 8, Up oath Rea -0021 x etotal cost ofcont stcu taon as ima�ten on the BOB d}ng Permit Abad =v = $2/$1fl00 o tf�e estimatocf t-cist, cohstr aofian s de#ern it ed i3s h>b_' $�7i 775 n�pectoti of Building Rowley $125/unit plus$5/fixture $31,360 Salem** $60/unit plus$20/fixture $39,200 Salisbury $50/unit plus$10/fixture $23,520 . Saugus $125/unit plus$15/fixture $45,080 Topsfielcl $100/unit plus$7/fixture $29,204 Tyngsborough $150 for 1"fixture plus$10/additional fixture(s) $41,160 West Newbury $100/unit plus$7/fixture $29,204 Assumptions: 1. If multi-family is not specifically called out,Commercial fee is applied. 2. Base fee is applied per unit and a total of 7 fixtures per unit is used to calculate fee. 3. Total building cost estimate is$38,737,375. 4. Total plumbing cost is$2,140,000 based on National Refrigeration, Notes: 1. Before May 15,2016,Methuen was 1/10th of 1%of total cost.on Building Permit($38,737). 2. North Andover's fee can be calculated in different ways with the same results. For example,it could match North Reading's method by reading".0015 x the total cost of construction as written on the Building Permit". It could read"$1.50/$1000 of total estimated building cost"to follow the method used by Boxford,Gloucester, Hamilton,Marblehead,Middleton and Peabody. Finally,it could utilize Methuen's calculation method by reading "12.5%of the cost of the Building Permit". . *Along with the individual plumbing permit fee sheets for the 30 communities obtained on-line,a copy of North Andover's Plumbing Application is included as part of this exhibit to provide an understanding of what constitutes"fixture". **Salem fees are not posted on-line. This information was obtained via phone call between Eric Kfoury and Dennis Ross, Salem's Plumbing Inspector. MASSACHUSETTS UNIFORM APPLICATION FOR A PERMIT TO PERFORM PLUMBING WORK - CITY _ _ _ MA DATEPERMIT# JOBSITE ADDRESS OWNER`S NAME OWNER ADDRESS . _-- _ _ TEL FAX TYPE OR OCCUPANCY TYPE COMMERCIAL El EDUCATIONAL © RESIDENTIAL El PRINT CLEARLY NEW:F-1 RENOVATION:FJ REPLACEMENT:El PLANS SUBMITTED: YES F-1 NO(] FIXTURES I FLOOR- BSM 1 2 3 4 5 67 8 9 10 11 12 13 14 BATHTUB CROSS CONNECTION DEVICE EE E DEDICATED SPECIAL WASTE SYSTEM _ DEDICATED GAS(OIUSAND SYSTEM DEDICATED GREASE SYSTEM DEDICATED GRAY WATER SYSTEM _ _ - DEDICATED WATER RECYCLE SYSTEM DISHWASHER DRINKING FOUNTAIN _. -. _ ___.--` -_ _-__-- __.._. __ _ ___.. ._...... ------- FOOD DISPOSER FLOOR l AREA DRAIN INTERCEPTOR(INTERIOR) - KITCHEN SINK LAVATORY I --- - - - ROOF DRAIN SHOWER STALL SERVICE/MOP SINK __. ._ _..._ ___-, __-• __� __-- TOILET URINAL 1 - WASHING MACHINE CONNECTION WATER HEATER ALL TYPES _ i _ WATER PIPING J - OTHER ............... t I I INSURANCE COVERAGE: I have a current IlabilltZinsurance policy or Its substantial equivalent which meets the requirements of MGL Ch.142. YES NO IF YOU CHECKED YES,PLEASE INDICATE THE TYPE OF COVERAGE BY CHECKING THE APPROPRIATE BOX BELOW LIABILITY INSURANCE POLICY OTHER TYPE OF INDEMNITY BOND OWNER'S INSURANCE WAIVER:I am aware thatthe licensee does not have the insurance coverage required by Chapter 142 of the Massachusetts General Laws,and that my signature on this permit application waives this requirement. CHECK ONE ONLY: OWNER 0 AGENT SIGNATURE OF OWNER OR AGENT I hereby certify that all of the detatfs and Information I have submitted or entered regarding this application are true and accurate to the best of my knowledge and that ail plumbing work and Installations performed under the permit issued for this application will be in compliance with all Pertinent provision of the Massachusetts State Plumbing Code and Chapter 142 of the General laws. PLUMBER'S NAME .._ ._ _......_... . _...__ LICENSE# SIGNATURE MPF-1 JPEl CORPORATION[# PARTNERSHIP( #[ LLC 0# COMPANY NAME LADDRESS CITY ........ TEL -- __ _._....__............,._.._..-._ FAX CELL EMAIL --- y INSPECTIONAL SERVICES FEES (Sept. 2011) All fees doubled if work is started without a permit. BUILDING: Minimum Permit Fee= $50.00 Re-inspection Fee= $30.00 per • Residential/Commercial Remodeling, movinq a structure, roof, siding,windows $10. per$1 K • New Construction-Residential: $10. per$1 K based on$110.00 per sq.ft. heated and$70.per sg,ft. unheated • Sheds (Accessory Structure) up to 192 sq.ft. $50. • Sheds(Accessory Structure) more than 192 sq.ft.based on$70.per sq.ft. unheated • Decks $.45 per sq.ft. • New Construction-Commercial/Industrial $10. per$1 K • Building Permit Replacement $25. • Temporary Structure $50. • Demolition-Residential $50. • Demolition-Other $80. • Foundation $50. • Occupancy Cert.-Residential $40. • Occupancy Cert.- Other $50. • Photovoltaic Solar Panels-Residential $50. • Photovoltaic Solar Panels-Other $10. per$1 k • Sheet Metal $75. per unit • Signs $50. • Solid Fuel Stoves&Fireplaces $50. • Swimming Pool-above, private $100. • Swimming Pool-below, private $150. • Swimming Pool-public&semi-public below $150. PLUMBING&GAS: Residential Minimum Permit Fee: $55.I permit+$10. per fixture Commercial.Minimum Permit Fee: $65.1 permit+$15. per fixture Re-inspection Fee: $30. per • Hot water heater $70. ($35. plumbing&$35.gas) TURN OVER FOR ELECTRICAL FEES -� ELECTRIC: Residential Minimum Permit Fee: $50. not to exceed$300. Commercial Minimum Permit Fee: $80. Re-inspection Fee: $30. per Commercial Fees are based on$80.for the 1 st$1 K,then$20. per additional$1 K thereafter This list below is priced at the RESIDENTIAL OUTLET PRICE, which is$50.for the 1 st ten outlets,then$3.per outlet thereafter UNLESS otherwise listed: This list is for OTHER RESIDENTIAL WORK NOT considered an outlet and is priced in • lighting outlets addition to any outlets you may have. • lighting fixtures • generator $50. ceiling fans • dishwashers temp. service $50. • GAS dryers • air conditioner $50. • 110V electric dryers(220V electric dryers are$50.1 hydro-massage tub/hot tub $50. • switches • swimmingpool $80. • 110V pellet stove oil burner $50. solar panels,wind turbines • garbage disposal 80.flat fee -* recessed lights . water heaters $50. • refrigerators gas burners $50. • 110V stoves((220V stoves are$50.) heat pump $50. • fire alarm .$50. This list below is for COMMERCIAL WORK priced at home security $50. $80.for the 1 st$1 k,then$20. per additional $1 k thereafter carbon monoxide $50. UNLESS otherwise listed: wire NEW HOME or complete re-wire of existing home $300. • generator • data wiring Above-ground service is$50.for the first 100& emergency lights/batter units 200 amps.,then$50. per additional amp. temp. service • air conditioner Below-ground service is$80.for the first 100& heat pump 200 amps.,then$50. per additional amp. • carnival-$100.flat fee • water heater • gas burner • telecom wiring • signs-$80.flat fee • fire alarm • home security • carbon monoxide • solar panels/wind turbines o�{ Town of Andover -= P� 36 Bartlet Street Andover,MA 01810 Plumbing Inspector Richard Danforth (978)623-8305 rdanforth ,andoverma.gov Fax No.: (978)623-8320 Office Hours: 8:00 a.m. - 10:00 a.m. Fees Effective September,2012 ❑NEW:New Construction,Additions,Tenant Fit-ups,New within an existing building ❑RENOVATION: Plumbing within the existing system ❑REPLACEMENT:Removal and replacement of a fixture to the existing piping ALL GAS BOILERS AND WATER HEATERS REQUIRE A PLUMBING PERMIT WATER HEATERS AND OIL BURNERS REQUIRE AN ELECTRICAL PERMIT RESIDENTIAL PLUMBING FEES New Construction/New Addition to property-up to 3 Units $100 plus$5 per fixture New Construction-4 units or more $200 plus$5 per fixture Renovation/Replacement-Existing Fixtures ONLY $50 plus$5 per fixture RESIDENTIAL GAS FEES New Construction/Additions/New Gas line/New Fireplace- $75 plus$5 per appliance up to 3 Units (must include test) New Domestic Construction-4 units or more $150 plus$5 per appliance Renovation/Replacement Existing Appliances ONLY $50 plus $5 per appliance Replacement Gas Boiler/Furnace/Conversion Burner $50 p1lis $5 per appliance ➢ Combi units requires a gas and plumbing permit COMMERCIAL PLUMBING FEES New Commercial!Industrial Construction/Tenant Fit-up $200 plus$5 per fixture Commercial-Renovation $100plus$5 er fixture Commercial Replacement Existing Fixtures ONLY $100 plus$5 per fixture COMMERCIAL GAS FEES New.Commercial/Industrial/Tenant Fit-up $150 plus$5 per appliance Renovation/Replacement- Existing Fixtures ONLY $100 lus$5perappliance Replacement Gas Boiler/Furnace/Conversion Burner $100 plus$5 per appliance MISCELLANEOUS Capped Sewer Lines $50.00 Re-inspection Fee $50.00 Inspection after hours minimum fee $200.00 Work started without a permit Double Permit Fee Revised: 4/7/2016 OF BO oaP•O � 9 .•��4ay,:: sgCHvS� TOWN OF BOXFORD PLUMBING & GAS PERMIT FEE'S (EFFECTIVE APRIL 1ST; 2015) NEW RESIDENTIAL& COMMERCIAL $10.00 FOR THE FIRST$1000.00 AND $2.00 FOR EACH ADDITIONAL $1000.00 ON ESTIMATED VALUE OF BUILDING PLUMBING: $85.00 plus $5.00 per fixture GAS: $85.00 plus $5.00 per fixture ----- ---- -------------- 85.00 GENERATOR INSTALLATION------------------ ----- --- $ REPLACEMENT OF WATER HEATERS & BOILERS -------------------------$100.00 Combination plumbing & gas one fixture replacement REPLACEMENT OF APPLIANCES----------------$85.00 each ---------------------------------------------- MINIMUM FEE----------------------- 85.00 $ REINSPECTION PER TRIP PRE-PAID------------------------------- -----------$50.00 !. :IV, Search i � ti � � .*' � fir: y-+ �••,�; � � F •' �yPrrnkl•Contad i RSS�z ,zr 1��,{�,r'L" .,t�3''1 !� y _ � [y-ir' - � �✓ , y.!�'J •e* � L �z_.i � �' Engage your community-.connect to news, events and information you care about. View more information.. sign in y ��}jYl Lam.�. ��V�1 V»res. ��.rt ^I�I iLrILI Building Code Information You are here: Homes Town Departments>Building Inspector>Fees Fees Fees Inspection Information Building Permit Fees Licenses Permit Cost Online Permits New&Existing Structures; $25 New Construction,Additions,Alterations l Minimum Fee for Residential Projects 75 minimum fee for commercial _ $ /industrial projects • $12 per$1,000 of estimated cost of project ' Demolition Permit $25 Minimum Fee ti • $12 per$1,000 of estimated cost of project .Foundation Permit Only $12 per$1,000 Occupancy Permit $50 residential • $100 commercial Wood/Coal/Pellet Stove $25 Work started without a permit will be charged double the regular fee. Re-inspection of work not ready or not up to code requirements will be charged a$25 fee in advance. , rr + /�jii 74 Miscellaneous Permits Permit Cost Sign Permits 16 square feet$50 17-36 square feet$75 • 37-59 square feet$100 • 60 square feet$150 Yard Sale $5 per day Temporary Structures $50 Carnivals $100 Real Estate Signs(Yearly) $150 Grandfather Lot Fee $300 Plumbing&Gas Permit Fees Effective January 29, 2002 Gas Permits Permit Cask Hot Water Tank $15 New Residential Structures • $40 for first fixture • '$6 for each additional fixture Existing Residential Structures • $40 for first fixture • $6 for each additional fixture New Commercial Structures • $60 for first fixture • $8 for each additional fixture Existing Commercial Structures $60.00 for first fixture $8.00 for each additional fixture Plumbing Permits Permit Cost Single Fixtures $25 Hot Water Tanks $15 New Residential Structures $40 for first fixture • $6 for each additional Existing Residential Structures . $40 for first fixture • $6 for each additional Commercial &industrial • $60 for first fixture • $8 for each additional fixture Sewer-Related Permit $25 Outdoor Irrigation Systems $40 Electrical Permit Fees Effective October 1,2003 Residential Electrical Permit Fees Permit Cost New Structures $120 New Structures: Homeowner's Permit Fee $240 Existing Structures(for any job requiring more than $80 one inspection) Existing Structures: Homeowner's Permit Fee $160 *Minimum Fee For Residential Permit $40 *Minimum Fee For Residential Permit: Homeowner $80 Note:*Minimum fee for residential permit includes service change,temporary service,or miscellaneous wiring requiring one inspection. Does not include jobs requiring more than one inspection. The maximum fee for any residential permit, other than for new dwellings,shall be$80 and$160 for homeowner's. Commercial Electrical Permit Fees Permit Cost New Structure Fee 1%of total cost of electrical work *Existing Structure $80 Minimum fee or 1%of electrical cost if over $10,000 Yearly Maintenance Permit Fee $200 Minimum Fee $40 Includes jobs requiring only one inspection. i Note: *Existing structure includes jobs requiring more than one inspection. Contact Please call 978-250-5225 if you need help pricing a permit. Town of Chelmsford,MA I SO Billerica Rd. I Chelmsford,MA 01824 I Ph:978-250-5201 1 Fx:978-250-5252 Site Map I Accessibility I Translate I Copyright Notice I Disclaimer I Powered by CivicPlus PLUMBING & GAS PERMIT FEES (as of 5/23/06) RESIDENTIAL (1- & 2-Family) New Structures $50.00 plus $ 5.00 for each fixture (Including Additions) Remodel =$25.00 plus $ 5.00 for each fixture Replace Water Heater = Plumbing $10.00 Gas $10.06 Replace Water Tank = Plumbing $10.00 Gas $10.00 COMMERCIAL New Structures (Including Additions) Non Residential = $150..00 plus $10.00 for each fixture Residential T $100.00 plus $ 5.00 for each fixture (Multiple Dwellings) Remodel = $100.00 up to 3 fixtures plus $ 5.00 per fixture after 3 Replace Water Heater = Plumbing $15.00 Gas $15.00 Replace Water.Tank Plumbing $15.00 Gas $15.00 PENALTIES Permit fees gill be doubled when work is commenced without first obtaining the. required permit. RE-INSPECTION FEE _ $30..00 A re-inspection fee will be assessed i TOWN OF DANVERS when the work to be inspected is not DEPARTMENT OF CODE ADMINISTRATION in compliance with the applicable code � r irement(s} and/or the .cork is PETER D.SAKEI.AKOS eQtX Plumbing&Gas Inspector incomplete and necessitates an I additional inspection. 1 Town Nall Mice Hours: Mon-Wed.8-9,1-2,4-5 1 Sylvan Street Thurs. 8-9,1-2,5-7,.30 fDanvers;MA 01923 Friday 6-9 (978)777-0001 x3109 FAX:(978)762.0264 yEMAIL:psakeiakos@mail.danvers-ma.org {� Town of Dracut e Building f Zoning Department 62 Arlington St. Tel: (978)454-0603 Dracut,MA 01826 Fag: (978)937-9885 PLUMBING PERMIT FEES 2/4/2015 ALL RENOVATIONS&RENOVATIONS-RESIDENTIAL— 1 to 3 fixtures . $50 (Each additional fixture$10) NEW HOMES(Two baths) $150 (Each additional bath$50) APARTMENTS/CONDOMINIUMS/MULTIFAMILY $150/unit. COMMERCIAL/INDUSTRIAL- 1 to 8 fixtures $150 plus$30 (Each additional fixture $10 each) per insp. COMMERCIAL REMODELING— 1 to 5 fixtures $150 plus$30 per insp. SINGLE REPLACEMENT HOT WATER TANK/BOILER $30 BACK FLOW PREVENTER $50 SEWER CONNECTION INSPECTION $35 GAS PFRAW FEES RESIDENTIAL- 1 to 3 fixtures $50 (Each additional fixture$6) SINGLE REPLACEMENT $40 COMMERCIAL/INDUSTRIAL- 1 to 4 fixtures $150 plus (Each additional fixture$6) $30!insp. OTHER REINSPECTION FEE $50 WORK STARTED BEFORE OBTAINING PERMIT Fee doubled I GEORGMWN BUILD DEPARTMENT off: <%Z 1 Library Street, Geo q tae a 11�assacbusetts 01833 tel. (978) 352-573 ssR; °�� 8. (978) 352-5725 PLUMBING/GAS PERMIT FEE SCHEDULE PLUMBING NEW CONSTRUCTION / RENOVATIONS RESIDENTIAL and COMMERCIAL $35.00 AND $6.00 per fixture PLUS 10%. RE-INSPECTION FEE -. $50.00 PLUS 10%. GAS NEW CONSTRUCTION / RENOVATIONS RESIDENTIAL and COMMERCIAL $35.00 AND $6.00 per fixture PLUS 10%. WATER HEATER (also requires a plumbing permit ). $35.00 AND $6.00 per fixture PLUS 10%. RE-INSPECTION FEE $50.00 PLUS 10%. The PLUS 10%fee is calculated to the next whole dollar. Projects started without permits will be charged a fine double the permit fee. i Licenses and Insurance Certificates must be on file. If a re-inspection is necessary due to code violations or work not ready on a requested inspection, a re-inspection fee will be charged. CITY OF GLOUCESTER INSPECTIONAL SERVICES * * 3 Porro ROAD-GLOUCESTER MA 01930 PHONE 978-281-9774 FAX 978-282-3036 A�RgTE� PLUMBING,GAS &MECHANICAL FEES PLUMBING FEES BASED ON A BUILDING PERMIT: $3.00 per thousand on the total cost of construction. Minimum Fee Residential: $30.00 Minimum Fee Commercial: $50.00 WHEN NO BUILDING PERMIT IS REQUIRED: PLUMBING FEES One and Two-Family: $50.00 permit fee plus $20.00 per fixture Three or more Family: $100.00 permit fee plus $ 50.00 per fixture Commercial: $100.00 permit fee plus $ 50.00 per fixture INSTALLATION OF A BOILER $100.00 INSTALLATION OF A RESIDENTIAL HOT WATER TANK $100.00 NOTE. Any plumbing work other than to a 1 or 2-family dwelling(or accessory use there be)shall be classified as commercial use. GAS PERMIT FEES RESIDENTIAL: $50.00 permit fee plus $20.00 per fixture COMMERCIAL: $100.00 permit fee plus $ 40.00 per fixture INSTALLATION OF GAS BOILER(ONLY) NO CHARGE W/PLUMBING PERMIT INSTALLATION OF GAS HOT WATER HEATER(ONLY)NO CHARGE W/PLUMBING PERMIT MECHANICAL PERMIT FEES $50.00 PER UNIT RE-INSPECTIION FEE: $50.00 WORK WITHOUT PERMIT: 3X FEE �[iov� .EY To= o.f Grovekitd �d o ✓✓✓ afdView er a,Ten MSG 13 Ashcroft Terrace Grovefui4 W,4 01834 Tef- 978-372-1575 Plumbing and Gas Permit Schedule Residential Plumbing&Gas New-Remodeling • $50.00 plus$7.00 per fixture • Replacement water heaters and boilers $25.00 each(same type of equipment) • Flue type to direct vent or power vent is a new installation Commercial Plumbing&Gas New-Remodeling • $100.00 plus$7.00 per fixture • Replacement water heaters and boilers $40.00 each(same type of equipment) • Flue type to direct vent or power vent is a new installation Reinspection of$50.00 will be charged Work started without permit for plumbing or gas fee will be doubled _Town of Hamilton Plumbing/Gas Inspector Michael Twomey Office: 978-468=5585 PLUMBING PERMIT FEES New construction, additions & remodeling work requiring a Building Permit, the plumbing fee shall be: (Plumbing permit fees are, at most times, paid by the building contractor.) • $10.00 on the first$1, 000.00 of total estimated cost of building permit • $2.00 for each additional$1,000.00 Replacement Fees (FLAT FEE-DO NOT ADD $10.00}: Hot Water Tank $ 50.00 Backflow Preventer $ 35.00 Water Piping $35.00 Misc.Replacement fixtures: $35.00 each Re-Inspection Fee: $25.00 GAS PERMIT FEES New construction where a Building Permit is Required: $ 75.00 Flat Fee New gas installation or change to/from Bottled Gas:$50.00 Furnace: $50.00 Heating Boiler: $50.00 Water Heater: $ 50.00 Gas Generator $ 50.00 Pool Heater: $35.00 Vented/Unvented Room Heater: $35.00 Misc. Replacement Appliances: $35.00 Re-Inspection Fee:. $25.00 Departments Residents Visitors Government Forms Calendar FAQ'S 'Search here Go Home»Departments»Health and Inspections»Construction Fees Construction Fees E-mail Print Municipal Ordinance§i2o-11.Fees.[Amended 1-18-1977 by Doe.5;8-1i-i981 by Doc.151-B,6-14-1983 by Doc.110,1-28-1992 by Doc 23.5-21-2002 by DOC 75, 7- 24-2015 by Doc 891 Building Permits and Fees. 1. A building permit is not required for non-structural repairs one thousand($1,000.)for labor and materials.However,notification of the Building Inspection Department by phone or mail prior to starling repairs is mandatory in order to be sure repairs are made in compliance with the Massachusetts Building Code.Said repairs shall consist of only actual out-of-pocket costs and disbursements. 2.New construction:permit application of fifty dollars($5o.)for the first 2,000 plus fourteen dollars($14.)per one thousand dollars($1,000.),or portion thereof,with no maximum.New residential occupancy fee of fifty dollars($50.)to be included at tune of building permit issuance. 3.Prior to a building permit being issued for new construction,a site plan must be filed.A site plan review fee of$loo shall be charge and paid 4.Alterations,additions,and repairs:permit application of fifty dollars($5o.)for the first two thousand dollars($2,000.)plus fourteen dollars($14.)for each additional thousand dollars or portion thereof. 5.Any reinspection shall be subject to a fee of$25. 6.Certificate of occupancy. i.Occupancy permits for new homes or complete remodel of existing homes($50.) 2.Temporary occupancy permits:fifty dollars($5o.) 3.Each additional inspection for occupancy permit where violations are found:twenty dollars($20.) 4.Commercial buildings:one hundred dollars($ioo.)per five(5)years. y.Certification of buildings will be done in accordance to fees outlined in the Massachusetts State Building Code,and in cases where violations are found,an additional fee of twenty-five dollars($25.)per inspection will be charged. 8.All fees will be doubled in the event work is started before a permits is obtained or permission is granted by the Inspector. 9.Demolition:twenty-five dollars($25.)for each floor to be demolished,plus an additional thirty-five($35.)dollars for application fee. 1o.Removal of Stop Work Orders:fifty dollars($50.) 11.Amusement parks,equipment,tents etc.twenty dollars($2o.)per unit 12.Requested inspection of existing buildings:fifty dollars($50.) 13.Foundation Permits: 1.Residential foundation$75.o0 2.Commercial foundation $0.20 per linear foot 3.Multi-fanuly dwellings,attached:$75.00 per unit. 14.Moving permits. i.Dwelling and large structures:two hundred dollars($200.)minimum 2.Less than ten by twenty(iox2o)feet that require use of state,county,or town roads:twenty-five dollars($25.) 15.Signs:twenty-five dollars($25.)plus fifteen dollars($15.)per one thousand or portion thereof after the first one thousand dollars($1,000.) 16.Air conditioning,except units included under the original building permit(central air orwhere structural alterations are required):fifteen dollars($15.)plus ten dollars($1o.)per one thousand dollars($1,000)or portion thereof. 17.Heating alterations permit application:twenty-five dollars($25.)plus twelve dollars($12.)per one thousand or portion thereof 18.Change of ownership permit;fifty dollars($50.) 19.Construction trailer and/or emergencymobile home:fifty dollars($5o.)Storage trailer permit fee:fifty dollars($5o.) 2o.Gravel removal permits:fifty dollars($50.) 21.Permit renewals:twenty-five dollars($25.00) 22.Solid fuel burning stove permits and chimney permits:thirty dollars($30.) 23.Zoning verification for business certificates:ten dollars($1o.00) 24.Conformance to zoning affidavit:twenty-five dollars($25.00) Electrical Fees: Residential: New House with ioo Amp Service Total Fee$250.00 New House with Zoo Amp Service Total Fee$250.00 New House with 40o Amp Service Total Fee$250.00 Dwelling Units New/Remodel Each Unit $125.00 Minimum Electrical Permit $20.00 i-io Devices $25.00 Additional devices $ 1.00 All appliances for remodel/alterations $20.00 each loo Amp Service Change includes 1 meter $40.00 20o Amp Service Change includes i meter $6o.00 Additional Meters $15.00 each All Sub-panels 1/2 price of service for each panel up to 40oA Oil or Gas Heating Systems $50.00 Swimming Pools(Above Ground) $50.00 Swimming Pools(In-Ground) $75.00 Smoke Detectors $50.00 Fire Alarm System $50.00 Security System(Residential) $50.00 Siding $50.00 General Repairs Residential or Commercial $50.00 Commercial loo Amp Service-1 Meter $40.00 20o Amp Service-Additional Meters$2o.00 each $50.00 40oAmp Service-Additional Meters$2o.00each $75.00 600Amp Service-Additional Meters$20.00each $100.00 Soo Amp Service-Additional Meters$20.00 each $125.00 l000 Amp Service-Additional Meters$20.00 each $150.00 12oo Amp Service-Additional Meters$2o.00 each $200.00 15oo Amp Service-Additional Meters$2o.00 each $225.00 20oo Amp Service-Additional Meters$2o.00 each $250.00 Temp Service $50.00 Signs $50.00 each Air Conditioners Condenser&Air Handler $75.0o each Commercial Appliances $5o.00 each Motors up to 10 horse power $15.00 each Each additional horsepower $ 1.00 Smoke Detectors $5o.00 base+$1.00 per device Security System $5o.00 base+$1.00 per device General Repairs $30.00 1-10 Devices $30.00 additional devices $ 1.00 Transformers: First 10 Kilowatts or kilovolt-amperes $20.00 Each additional kilowatt or kilovolt ampere up 1,000 $ 1.00 Over 1,000 kilowatts orkilovolt-ampere upto 5,000 $500.00 (includes all integral equipment and appurtences) Over 5,000 kilowatts for kilovolt-ampere $1,500.00 (includes all integral equipment and appurtences) Carnival,Circus,&Fairs $125.00 Traffic Signals $40.00 per pole Nursing Home Yearly Inspection $50.00 Remodeling Renovations,Repairing or Additions Same as New Re-inspection Fee $25.00 Yearly Maintenance Permits(Jan.1-Dee 31st) $150.00 Local regulations: 1. If applications are mailed,allow a minimum of three(3)working days for the permitto be issued prior to requesting inspection.Please enclose a self- addressed stamped envelope for the return of the permit i 2:It is required that electricians be present for any inspection. 3.Service conductors are to be installed in approved raceways. 4.oil burners and gas burners shall have an emergency switch at the burner and outside the fire area and shall also have a firomatic thermal switch. 5.Outdoor signs shall be on separate circuits,approved raceways outside of the building with a service disconnect switch. 6.Installations shall be tested by the electrician for polarization,grounds and proper connection. 7.There shall be no permit fee for work being done for the city. All fees will be doubled in the event that work is started before a permit is obtained or verbal permission is granted by the Plumbing/Gas Inspector. Gas Fees: TYPE FEE Replacement hot water heater $20.00 Residential(Per dwelling unit,plus$5.doper appliance) $25.00 Commercial(Per unit,plus$20.00 per appliance) $100.00 All elevatedgas pressure permits,or appliance 200,000 btu and over (in addition to unit and application charge) $50.00 Reinspection fee(for each notice) $30.00 Plumbing Fees: TYPE FEE Replacement hot water tank $20.00 Residential(Perdwelling unit,plus$1o.00 per fixture) $50.00 Commercial(Per unit,plus$2o.00 per fixture) $100.00 Remodel of water or waste piping only $50.00 Cap sewer for demolition $100.00 Piping and treatment of special waste $150.00 (plus$2o.00 each fixture)Stamped drawings required. Reinspection fee(for each notice) $30.00 Commercial or Residential Water Main Backflow Device (+$1o.per fixture or device) $50.00 Local Regulations: 1.If applications are sent through the mail,allow a minimum of three days for the permit to be issued before starting work.Please call to verify that application has been received and processed.Enclose a self-addressed stamped envelope for the return of the permit If any questions are not answered or information missing,the application will be returned. 2.Requests for inspections shall be made no later than 9:oo a.m.for an inspection appointment on that day. 3.This office shall be notified immediately when jobs are finished. All fees will be doubled in the event that work is started before a permit is obtained or verbal permission is granted by the Plumbing/Gas Inspector. NEW PERMIT FEES INCREASE—BUILDING—PLUMBING& GAS BUILDING Construction Value Proposed $045,000 $ 50.00 $5,001.00-$10,000.00 $100.00 Over$10,000.00 $ 10.001$1000.00 Replacement Permit $ 25.00 Re-inspection $30.00 Certificate of Occupancy $ 35.00 Periodic Inspection Assembly Use $75.00 (annual) Multi-Family Dwellings $ 75.00+$2.00/Dwelling Unit(periodic) PLUMBING& GAS Plumbin_h Proposed 0—5 Fixtures $ 75.00 Over 5 Fixtures $ 15.00/Fixture Gas $40.00/Fixture ® WORK COMMENCED WITHOUT FIRST OBTAINING A PERMIT SHALL BE SUBJECT TO TRIPLE FEES. �Nori1+, DyerSta OplcFo 4owaa - MPermd Applicatbns- ^' Cxl6xl.� �+ryoflawrencecomlpermtappl anons.aspx ��p - 'I .. Baa... .. T .. z w x • � � -� I,: . i 1. aa� j 4 rM)lt_tJ�rtR®�. AEPLiC.ATTON ' i� Efhndeey .� , Hebfru�tL.tmoq.5tyheahon,farfl'TwpAadeoalSei+tamdyatweuE - ', ..:- 'I ®.,�P 11 F ily pdf '� tlmm iEPPz`' n of lout`6n ro,v�� dh aJR -htp Appll N pdf - 1 a_u'p7ccS G Y�' 1 NYE esc"3'•u�,ei29kStign B B6o d pdE d t r+ e s i n 4gmmc }f[TluiBf�71ANA GAS [[ ypvul,enedl,eAererz •�6 - $81P.aimrtpim�.arpmfffi1¢, ` .9�(fiy,M�Nt a¢H r' S,warGpfnt� L`tim .40 Z . I afo> G>u � .4$�amrtp4a'.�/��Iw78'LLme �,=nu xk hgtte" .- NaWarorlShct � 'SSolaa � i of jyp&,N "' Gnrsuie/V.nYsdlto'6m He4uq. o$I _eKwt bea she^ k5 .7 e®,e�- x ?Cw a -.' }$aooF9us8iabupqlWacenPhsgobjq_ryoHlV - 1 St +vl ct Gaiover40003$Bli. -Sbo.boPde3wbofnterLad�mYial roaQ000B14 $tlni r 5 ]Aon J , � SABm. d ' :4a� ' �Lfrafn-Penmb E9saopl�$zGoapvBrtma . ,�, �. `,s:—;t' o ;iii• onday,May 23,2016 09:03 AM � Development Services Fees "US tore $30/unit ~` 2-5 fixtures $50/unit For each additional fixture over 5 add $8 Commercial(Main Pipe Size) 1.00" $30/unit 135" $35/unit 1.50" $45/unit 2.00" - $55/unit . 2.50" $60/unit 3.00" $65/unit 4.00" $70/unit Over 4.00" $80/unit Add per fixture $9 New/Re lace Commercial Meter $70 Re-inspection $50 Plumbing Permits Residential 1 fixture $35/unit 2-5 fixtures $60/unit For each additional fixture add $8 Other 1 fixture $40/unit 2-5 fixtures $75/unit For each additional fixture add $8 I Re-Inspection $50 Sheet Metal Work Permits Residential(based on cost of construction per unit) Up to$5,000 in Construction Cost $50 Per$1,000 or fraction thereof over$5,000 add $12 Commercial (based on cost of construction per unit) Up to$5,000 in Construction Cost $75 Per$1,000 or fraction thereof over$5,000 add $12 Re-Inspection $50 i Development Services•City of Lowell•375 Merrimack Street•Lowell,MA 01852 9 978.674.4144 10 News I Calendar I Contact Us m Harbor Picture by Rob Kipp, spirit of'76 Picture by Nick Fader Town Living In Town 'Gown Visiting& Government Marble Serviccs Business Town H story Print Page I Email Page You are here: Home>Town Government>Board of Selectmen>Public Safety>Building Department> Building Plumbing and Gas Plumbing and Gas Plumbing and Gas Wiring Massachusetts State Plumbing permits are issued to licensed plumbers.Apolications for Contact Building Code permits are filed with the plumbing inspector. Rich Baldacci Marblehead Zoning By- Building Commissioner Law Failure to obtain a required permit prior to commencement of work Email Buildind Inspection Permit Applications will result in a fee of three times the applicable fee. Bradford Smith Fees-When a building permit is required Sttr Seai�iiPlumbing and Gas Inspector ;{ A plumbing permit fee of$2.00 per thousand of total estimated cost �E Mrinst�ion is consolidated with the building permit.fee of$10.00 per$1,000 for a total fee of$12.00 per$1,000, arrived at as followsMary Alley Municipal Building: 7 Widger Rd ' $10.00 per$1,000 for Building Permit Marblehead, MA 01945 $2.00 per$1,000 for Plumbing Permit 781-639-9151 The fee is paid by the general contractor or homeowner when a fax 781-631-2617 building permit is issued. Office Hours •` Fees-When a building permit is not required Monday-Friday7:30 AM-9 AM Town of Marblehead . Remodel kitchen or bath: $30.00 plus$5.00 per fixture Abbot Hall 188 Washington Street • Replace pipes: $30.00 Marblehead,MA 01945 . Hot Water Tank: $30.00 781-631-0000 781-631-8571 fax • Any other miscellaneous: $30.00 • Return inspection: $40.00 Gas permits are available to licensed gas fitters.Applications for a gas permit may be filed with the plumbing inspector. Failure to obtain a required permit prior to commencement of work will result in a fee of three times the applicable fee. Fees • Remodel: $30.00 • Hot Water Tank: $30.00 • Boilers: $50.00 • Any other miscellaneous: $30.00 • Return inspection: $40.00 Accessibility I Copyright Notices I Powered by CivicPlus Town of Merrimac-Plumbing and Gas Permit Fees Page 1 GAS FEE SCHEDULE: New Installation and addition of gas piping to building in R4 Use Group. Fees as of 2/1/2011 Application: $ 50.00 Plus,for each fixture of device: $ 10.00 Minimum for single fixture of device for existing gas service in R4 Use Group: $ 40.00 Minimum for piping in existing gas service in R4 Use Group: $ 40.00 Propane Gas service in R4 Use Group: $ 40.00 Replace meter in existing gas service in R4 Use Group: $ 45.00 New/Replacement Water Heater in R4 Use Groups: $ 40.00 Commercial Buildings and Structures (all except R4 Use Groups) Application: $ 125.00 Plus,for each fixture or device: $ 20.00 In certain Construction Control projects,the calculated permit fee shall be determined as a percentage of the overall projected cost of the project: (as also with Commercial Structures) PLUMBING FEE SCHEDULE: New installation/Addition/Remodel to building in R4 Use Group: Application: $ 50.00 Plus,for each fixture or device:: $ 10.00 Minimum for single fixture of device for existing plumbing service in R4 Use Group: $ 40.00 Minimum for piping in existing plumbing service in R4 Use Group: $ 40.00 New/Replacement Water Heater in R4 Use Groups: $ 40.00 Commercial Buildings and Structures(all except R4 Use Group) Appl#eats v � lam Sewer and Water Hookup for manufactured housing(mobile home) $ 75.00 Re-Inspection Fee(plumbing or gas,each instance): $ 45.00 Failure to Apply for Permit:Permits shall be obtained prior to the start of work.Penalty for commencing work without a valid permit is double the calculated fee. Plumber shall be present for all scheduled inspections, unless this requirement is otherwise waived by the Merrimac Plumbing and Gas Inspector. �• ,ei ;,�':. � i3.r tS. �_ y,�,,,. .. a� -Tv r- 'kz°�fir` � `�':.'. .�, w c Residential Residential New Construction 10%of the cost of Building Permit New Appliance-Up to 3 Units $50+$5 per Appliance Replacement/Addition/Remodel $50+$5 per fixture New Appliance 4 Units or more $75+$5 per Appliance Replacement-Existing Fixtures Only $50 +$5 per fixture Replacements-Existing Appliance Only $25+$5 per Appliance Gas Test $30 Hot Water Heater $30 each fixture Hot Water Heater $30 Backflow Preventer $25 each fixture Deduct Meters $25 each fixture Commercial/industrial Commercial/Industrial New Construction 10%of the cost of Building Permit New Appliance/Construction $100+$5 per Appliance Remodeling/Additions/Renovations $100+$5 per fixture Replacements-Existing Appliance only$100=$5 per Appliance Replacement-Existing Fixtures Only $100+$5 per fixture Gas Test _ $105 Backflow Preventer $50 each fixture Water Heater $75 Vacuum Breakers $5,0 each fixture Deduct Meters $50 each fixture Water Heater, $50 each fixture Underground Only $50 Miscellaneous Permits Miscellaneous Permits Capped Sewer Lines $50 Relocate Gas Meter or Service $25+$5 per Meter of Service Pre-Sewer Entry Permit $30 Re-Inspection Fee (Each Inspection) '$50 Re-Inspection Fee (Each inspection) $50 Work With No Permit Permit Fee is Doubled Work With No Permit Permit Fee is Doubled 1. Fees are doubled if work precedes issuance of gas or plumbing permit or permission of the inspector. 2. Fees for commercial gas permits covers 5.inspections only. Each additional inspection is$2o.00;to be paid prior to the inspection. u, � t l!a-�' �w,?�` `;, 'm`� �c�'y Y�.a} �S z:7p ti- ''S'�'-e�` :.0 f ;`PF£ xz '. it- z�• - "say ,r?+an.';�a,. ',r„ - x ��. � .r �r�,51I%� � �;�� d � � >,.�+� � °Y ,. � r, `2r' . ,�x �J i T� t� �� ,"'��t �'"t •F n ? _ �� x *bn'.;.'P.�'.. '"._ �.. r..r �,F._._ f._ i:.. ..._,...".,..,...,i. Y'. F T ' i✓1 `h "F 4 A ( t i .'�'.. .,. ... �e._ .,,.. ,...e.e........ ,. _... • Minimum Fee $25 • New Construction $12/$1000 estimated cost' • Additions&Alterations $12/$1000 estimated cost • Swimming Pools $12/$1000 estimated cost • Permit to Raze Structures $12/$1000 estimated cost • Moving Permits-Dwell. & Lg. Bldgs. $12/$1000 estimated cost • Moving Permits-Less than 10x 20 $12/$1000 estimated cost • Sign Permit $12/$1000 estimated cost Air Conditioning $12/$1000 estimated cost • Chimney/Fireplace\Wood-Pellet Stove $12/$1000 estimated cost • Temporary Tent $50 • Temporary Trailer $100 • Temporary Construction Sign $25 • Wood Stove Installation $35 per installation • Release to Stop Work Order $100 • Residential Fence Permit $25 • Commercial Fence Permit $50 • Re-Inspection Fee $50- pay prior to insp. • Certificate of Occupancy-Residential $50/Unit-at time.of permit: • Certificate of Occupancy-Commercial $100/Unit-at time of permit • Building Permit Renewals $30/6 months—limit of 2 • Duplicate Building Card- $25 • Copies of Certified Plot Plans $5 per copy • Zoning Clearance for New Business $25 • Zoning Affidavit $50 • Work with No Permit $300/Day** **As per section X-G of Comprehensive Zoning Ordinance City of Methuen Plumbing & Gas Permits Plumbing Fees Gas Fees Residential Residential New Construction 1/10 Of 1%of total cost on bldg $25.00 plus$5/Appliance—Up to 3 ermit Units Replacement/Addition/Remodel $25.00 Plus$5.00 per fixture New Appliance Hot Water Heater . $12.50 each . $50.00 plus$5/Appliance—4 or More Units Backflow Preventers $10.00 each Fixture Replacements $10.00 plus$5/Appliance Vacuum Breakers $10.00 each Fixture Deduct Meters $10.00 each Fixture Water Heater $12.50 each Commercial 1 Industrial Commercial / Industrial eur p o 's s "NI " fton bl y NewAppliance $65.00 plus$5/Appliance y Remodeling "1/1-6 Of 1%of total cost on bldg per it Replacements $40.00 plus$5/fixture(existing only) Replacements $50.00 plus$5/Appliance Backflow Preventers $50.00 each Fixture Vacuum Breakers $50.00 each Fixture Water Heaters $75.00 each Deduct Meters $50.00 each Fixture Water Heaters $50.00 each Fixture Underground Only $50.00 Miscellaneous Permits Miscellaneous Permits Capped Sewer Lines $25.00 Pre-Sewer Entry Permit $20.00 Re-inspection Fee $25.00 each inspection Re-Inspection Fee $25.00 1. Fees are doubled if work precedes issuance of gas or plumbing permit or permission of the inspector. 2. Fees for commercial gas permits covers 5 inspections only. Each additional inspection is$20.00, to be paid prior to the inspection. Town of Middleton Office of the Inspector of Buildings 195 North Main Street Middleton,978-777-2850 Massachusetts 01949 FAX 978-774-0718 www.townofmiddleton.org The latest RS Means Commercial&Residential Cost Data will be used to determine costs of construction when necessary. PLUMBING PERMIT FEES �� � MI1IN STA gggw !R RESIDENTIAL $50.00 COMMERCIAL $75.00 $10.00 FOR THE FIRST$1,000.00 AND$2.00 FOR EACH ADDITIONAL$1,000.00 ON ESTIMATED VALUE OF BUILDING. $10.00 FOR THE FIRST$1,000.00 AND$2.00 FOR EACH ADDITIONAL$1,000.00 ON ESTIMATED VALUE OF BUILDING. APPLIANCES $50.00- � HOTWATER HEATER-ELECTRIC $50.00 RE-INSPECTION* $50.00 PERMIT TAKEOVER $50.00 GAS PERMIT FEES NEW RESIDENTIAL BUILDINGS-(INCLUDING ADDITIONS) MINIMUM- 1-3 FIXTURES $50.00 EACH ADDITIONAL FIXTURE $10.00 EACH NEW COMMERCIAL BUILDINGS-(INcLUDING ADDITIONS) MINIMUM- 1-3 FIXTURES $75.00 EACH ADDITIONAL FIXTURE $10.00 EACH �`"" ._. -.— �•' } a�.-3 a . r # ii:wry 'v�€` ;a_. -� - REPLACEMENT/CHANGE GAS BOTTLE $50.00 ONE APPLIANCE $50.00 iAS FURNACE $50.00 GAS DRYER $50.00 sAS BAILER*** $25.00 GAS STOVE/RANGE $50.00 HOT WATER HEATER*** $25.00 GAS FIREPLACE $50.00 2E-INSPECTION* $40.00/PER TRIP** PERMIT TAKEOVER $50.00 *A RE-INSPECTION FEE WILL BE ASSESSED FOR WORK NOT BEING COMPLETE OR FOR NOT PASSING INSPECTION. **PAYMENT BY CHECK MADE PAYABLE TO: THE TOWN OF MIDDLETON IS DUE PRIOR TO OR AT THE TIME OF REINSPECTION ***GAS BOILERS AND WATER HEATERS ALSO REQUIRE A PLUMBING PERMIT$25.00. ANY WORK STARTED WITHOUT OBTAINING A PERMIT WILL BE SUBJECT TO A FINE AND DOUBLE FEE **********GARBAGE DISPOSALS ARE NOT ALLOWED********** Town Of Newbury Office of Inspectional Services Tel:978-465-0862 X309 Fax:978-465-3064 RESIDENTIAL Electric Plumbing —Gas Permit.Fees Effective 7/1/2011 "COMMERCIAL Rates will be Determined at the Time of Application" ELECTRICALMIRING PERMITS Single-Inspection $75.00 New/Updated Service $75.00 Septic Pump Installation $75.00 Swimming Pool (Above Ground) $75.00 Swimming Pool(In Ground) $150.00 Remodel(1 Room) $150.00 Remodel (Multi-Room) $250.00 Remodel (Entire House) $400.00 Addition $250.00 New Dwelling $400.00 PLUMBING PERMITS Flat Permit Fee (excludes Fixture Fees) $75.00 Fixture Fee $5.00/each GAS PERMITS Flat Permit Fee (excludes Fixture Fees $75.00 Fixture Fee $5.00/each Each application, regardless of how it is submitted,must include proof of the applicable license(s)AND a copy of Workmen's Compensation/Liability Insurance with Town of Newbury listed as the Certificate Holder. 4/6/2016 Gas and Plumbing Permit Fees Newburyport MA 's Ar Search I f UY Of Massachusetts �y�, c `y ABOUT NEWBURYPORT GOVERNMENT DEPARTMENTS RESIDENTS BUSINESSES VISITORS About Newburyport Government Departments Residents Businesses Visitors L- Links Home ) Inspectional Services ) Gas and Plumbing Permit Fees Select Language V a Powered by Google Translate Electrical Permit Fees Gas and Plumbing Permit Fees Gas and Plumbing Permit Fees Eclat Send by®mail Massachusetts ElectricalCod® Massachusetts Plumbing Code Gas Permit: Residential Fee: $20.00 Inspection Fee: $30.00 Appliance Fee: $5.00 nt�ctr>tf® Replace Hot Water Heater: 30:00 Address: Ga` ertrat� , Inspectional Services s'�` Qmrl� sE p 00 `inspection Fee: $30.00 60 Pleasant St Lower Level Appliance Fee: $10.00 Newburyport,MA 01950 Replace Hot Water Heater: $40.00 Phone: (978)465-4405 Fax: (978)465-4452 t Plumbing Permit Residential: $20.00 Inspection Fee: $30.00 Charge For Each Fixture: $5.00 Replacement Hot.Water Heater: $30.00 Phambin Perm`It�Fee�Corr�rn�:rclaL$3A#O:OA Iris Lection Fee.,l$30 00� of Ar Minl�i✓l�,M . ?.Charg1 For,Eaoh tEixtlarie k$=10«dat=,A Replacement Hot Water Heater: $40.00 hHn•//udnnu nih rnfncu.h..........a,..,..,, __.:...,c___. __._ ___.. .. - i NO°tM Oft•. 1H 3?r!a ,.n'• O� i TOWN OF NORTH ANDOVER AcHust " PLUMBING PERMIT FEES S Fees adopted by the Board of Selectmen: 6-24-2002 Effective 7-1-2002 1. Rate schedule for New Building,Additions and Alterations(Residential,commercial or Industrial&Education) 1/10''of 1.5%of the estimated cost of construction or the minimum fee,whichever is greater. 2. Residential(One(1)permit per building/unit required) Minimum Fee Fixture Fee Single Dwelling $55.00 $5:50 Single Dwelling—Renovation to Existing 25.00 5.50 ea: Single Dwelling—Addition 25.00 5.50 ea. Condominium/Townhouse—Unit 45.00 5.50 ea. Replacement of Existing Fixtures Only 30.00 2.50 ea. Reinspection Fee 30.00 ea: 3. Commercial&Industrial(One(1)permit per building/unit required) Minimum Fee Fixture Fee Large Building $175.00 $5.50 ea. Large or Small Building Divided in Store,Office Office Manufacturing Units,etc. 85.00 5.50 ea. Additions Renovations 85.00 5.50 ea. Reinspecton Fee 30.00 ea.Per trip 4. Miscellaneous Fee Minimum Fee Electric or Gas Hot Water Heaters (Plumbing Replacement Only) $30.00 ea. Residential BackflowPreventers (Lawn Sprinkler&Sprinkler Head for Boiler(s) 25.00 ea. Commercial Backflow Preventers 60.00 ea. Capped Sewer Lines for Demolition 30.00 ea. 5. Special Fees Repair and Maintenance Permit(for condominium(s)Townhouse(s),Commercial,Industrial and Educational),up to two(2) plumbers,(must have licensed plumber on staff). $250.00 per quarter. Log must be kept for inspection when permit is renewed each quarter or as requested by the Plumbing Inspector. Other fees,if not listed,to be determined by the Plumbing Inspector and shall not exceed$250.00. The applicable fee will double when work begins without the proper Plumbing Permit. 1u DSM TOWN OF NORTH ANDOVER BUILDING PERMIT PEES Building Permit Fees exclusive of mechanical and utility fees A. The estimated cost of new construction shall be based on a cost factor of one hundred twenty five ($125.00)dollars per square foot. B. Estimated construction of additions,alterations,and remodeling shall be the actual contract price. The permit fees shall be twelve dollars($12.00)per thousand based on the estimated costs of construction. C. Copies of actual contract price may be required with building permit application. Fees adopted by the Board of Selectmen: 6-26-2006 Effective 7-1-2006 Miscellaneous Fees Fee Minimum Building Permit Fee $30.00 First$4,000.00 cost(or$12.00)per thousand of estimated construction cost,which ever is greater Certificate of Occupancy—For Existing Structures $100.00 Certificate of Occupancy—New Construction $100.00 (to be paid upon issuance of Building Permit) $50.00 Temporary or Partial Certificate of Use,$50.00 and or Use and Occupancy,per month Chimney/Fireplace—First$1,000.00 cost - $30.00 (or$12.00)per thousand of estimated construction cost,whichever is greater} Signs $30.00 (or$12.00 per thousand of estimated construction cost,whichever is greater Temporary Construction Sign—6 mos.Permit $50.00 Temporary Construction Trailer—6 mos.Permit $50.00 Reissue of Revoked/Suspended Building Permit $100.00(per time) Extension of Building Permit—6 mos.,two time limit $50.00 Replacement of Building Card $50.00 Demolition Permit, $1.00 to$2,000.00 $30.00 (or$12.00 per thousand of estimated demolition cost, whichever is greater Reinspection Fee—Residential Structures $30.00 per trip Reinspection Fee—Commercial,Industrial or Education Structures $30.00 per trip Certificate of Inspection&Certificate of Structures Per Sec Table 106—Restaurants,Bars $100.00 Certificate of Inspection -Lodging +5 Units ea add unit $100.00 $ 10.00 In the event that work is started prior to the issuance of building permit,the permit fee will double TOWN OF NORTH READING PLUMBING PERMIT FEES RESIDENTIAL A. New construction & additions: .0021 x the total cost of construction as written on the building permit. Minimum $50.00 B. Renovations or Alterations: Minimum $30.00, plus $8.00 per fixture over one. COMMERCIAL A. New construction: .0021 x the total cost of construction as written on the building permit. Minimum $75.00. B. Addition and Alteration: Minimum $50.00, plus $8.00 per fixture over one. C. Piping Change: Including drain, water, shower valves, backflow $30.00 D. Water heater replacement: Electric or tank less $40.00 i r 1 City of Peabody Permit fees Building permit fees: 1. R-4 use group, single–and–two family dwellings: a. New construction and additions—$14.00 per$1,000.00 or any fraction thereof, rounded off to the next thousand dollars of estimated cost of construction as determined by the inspector of buildings,with a minimum fee of$50.00 . b.Alterations and repairs—$10.00 per$1,000.00 or any fraction thereof rounded off to the next thousand dollars of estimated cost of construction as determined by the inspector of buildings, with a minimum fee of$50.00 (Fifty)dollars. c. All other use groups, $14.00 per$1,000.00 dollars or any fraction thereof, rounded off to the next thousand dollars of the estimated cost of construction as determined by the inspector of Buildings with a minimum fee of$100.00. 2. Occupancy permit—$100.00 dollars. 3.Temporary occupancy permit—$50.00. 4. Re-inspection fee$50.00. 5. Any work commenced without a permit is subject to twice the schedule fee. 6. Fees are not refundable. Fire suppression and alarm fees: 1. R-4 Use group, single-and two-family dwellings(new construction, additions and alterations— $2.00 dollars per$1,000.00 or any fraction thereof, rounded off to the next thousand dollars of estimated.cost..of.construction as determined by the inspector of.buildings with.a minimum fee of $50.00. 2. All other use groups—$2.00 per$1,000.00 or any fraction thereof, rounded off to the next thousand dollars of the estimated cost of construction as determined by the inspector of buildings with a minimum fee of$100.00. Electrical.permit fees: 1. R-4 Use group,single-and two-family dwellings(new construction, additions and alterations)— $3.00 per$1,000.00 dollars or any fraction thereof, rounded off to the next thousand dollars of estimated cost of construction as determined by the inspector of buildings with a minimum fee of $50.00. 2.All other use groups—$3.00 per$1,000.00) or any fraction thereof, rounded off to the next thousand dollars of the estimated cost of construction as determined by the inspector of buildings with a minimum fee of$100.00. 3. Installation or change of service per meter: a. R-4 Use group, single-and two-family dwellings with a minimum of$50.00. b.All other use groups, 200A or less—$20.00 with a minimum of$100.00. c. Commercial and industrial over 200A—$25.00 with a minimum of$100.00. d.Temp Service, $50.00. 4. Installation of alarms: a. R-4 Use groups, single-and two-family dwellings—$50.00. b.All other use groups—$100.00. 5. Communications: a. R-4 Use group, single-and two-family dwellings$50.00 b.All other use groups $100.00, c, Smoke detectors—$50.00. e. Sidewall—$25.00. f. Swimming pools—$50.00. g. Signs—,$100.00. h. Blanket permits: For commercial and industrial blanket permits, the fee is based on the average number of employees of the applicant for the preceding six months and are as follows: ➢ Less than$100.00 employees-$200.00, ➢ 100 to 300 employees—$400.00. ➢ More than 300 employees—$500.00. L Re-inspection fee per inspection—$50.00. j. Underground utilities per lot—$20.00 dollars with a minimum of$100.00. k. Motors: ➢ $5.00 each, R-4 Use group, $50.00 minimum. ➢ All other use groups have a minimum of$100.00, I. Electric heat: ➢ $5.00,each baseboard unit, R-4 Use group,single-and two-family dwellings, minimum of$50.00. ➢ All other use groups—$100,00. i i Plumbing fees: 1. R-4 Use group, single-and two-family dwellings (new construction, additions and alterations)— $2.00 per$1,000.00 or any fraction thereof, rounded off to the next thousand dollars of estimated cost of construction as determined by the inspector of buildings with a minimum fee of$50.00. 2.All other use groups—$2.00 dollars per$1,000.00 dollars or any fraction thereof, rounded off to the next thousand dollars of the estimated cost of construction as determined by the inspector of buildings with a minimum fee of$100.00. 3. Re-inspection fee—$50.00 dollars per re-inspection. Gas fees: 1. R-4 Use group, single-and two-family dwellings (new construction, additions and alterations)— $2.00 per$1,000.00 or any fraction thereof, rounded off to the next thousand dollars of estimated cost of construction as determined by the inspector of buildings with a minimum fee of$50.00. 2.All other use groups—$2.00 per$1,000.00 dollars or any fraction thereof, rounded off to the next thousand dollars of the estimated cost of construction as determined by the inspector of buildings with a minimum fee of$100.00. 3. Fumaces/boilers/conversion burners: a. R-4 use group, single-and two-family dwellings—$25.00. b.All other use groups to be determined by inlet size. c. Rooftop units—$100.00 each. d. Re-inspection fee—$50.00 per re-inspection. Irrigation systems 1. Residential water meter$50.00 2. Commercial water meter$100.00 - -- TOWN OF ROWLEY INSPECTION DEPARTMENT FEES revised 1/30/2012 Minimum Fees: Residential: New Construction&Renovations $10 per$1000 Residential:$75.00 Commercial: New Construction &Renovations $12 per$1000* Commercial: SwimmingPools:Above Ground&In Ground $150.00 $10 per$1,000 cost of construction Demolition $10 per$1,000 cost of demolition .a Solid Fuel Burning Appliance, Chimney and Fireplace $75.00 m Certificate of Occupancy $75.00 Lost Permit Card $75.00 Re-inspection Fee $75.00 Extend Existing Building Permit $75.00 Work started without a permit or occupied without a Cert,of Occ. Fee doubled *cost of construction based on $120/sf heated and $70/sf unheated Residential: Minimum Fee:$75.00 $10 per$1000 cost of mechanical work t Commercial: Minimum Fee:$150.00 $12 per$1000 U cost of mechanical work Re-inspection Fee $75.00 Residential NEW $1.50 per$1000* CONSTRUCTION Commercial $2.00 per$1000* *cost of construction based on .$120/sf heated and $70/sf unheated RENOVATIONS Residential $150.00 (including additions) Commercial $200.00 L U ABOVE GROUND SWIMMING POOLS $75.00 W INGROUND SWIMMING POOLS $100.00 SOLITARY ITEMS INCLUDING: $75.00** *dishwasher •water heater *security *sink disposal •burner/boiler *power on approval **if more than one item,price forrenovation will apply;thisfee *hot tubs *service change *temporary service is not to be added to renovation fee *septic pump *sub panel ore-inspection Residential: new construction and/or renovation $90.00 each unit plus$5 each fixture Commercial:new construction and/or renovation $125.00 each unit plus$5 each fixture EWater heaters and/or boilers(non-gas powered) 95.00 n a Minimum fee 75.00 Re-inspection (if more than 2 inspections required) 75.00 Residential: new construction and/or renovation $90.00 each unit plus$5 each fixture Commercial: new construction and/or renovation $125.00 each unit plus$5 each fixture Gas Water heaters and/or boilers 100.00* Minimum fee 75.00 Re-inspection (if more than 2 inspections required) 75.00 *This fee covers both the plumbing and gas permits TOWN OF SALISBURY EFFECTIVE 9/8/2015 ELECTRICAL FEES RESIDENTIAL COMMERCIAL 1&2 Fam.Only Renovation Minimum/Single Inspxn $65 upgrade/redevice $75 Construction under a Building Permit(Reqs rough&finish inspection) New $25/$1000 Elec.Job Cost $375 Does not incl.Service Addition $225 Does not incl,service $25/$1000 Elec.lob Cost Remodel/Alteration $75 per room $25/$1000 Elec.job Cost Construction not under a Building Permit(Reqs rough&finish inspection) All $8/$1000 Elec.Job Cost $10/$1000 Elec.Job Cost Service New/Temp/Change $50 per 100amp $75. per 100amp Pool Above Ground $75 t11a In Ground $125 $150 Solar Per panel $10 ... ._. . $10/$1000. Re Inspection $50 $60 NOTES *Job Cost basis requires a copy of contract *Room=Major Rooms i.e.;bath,kitchen,bedroom,den/living not incl.closets,mech.Rooms,attic storage,etc. *Electrical Inspector shall make determination of fee classification PLUMBING /GAS FEES RESIDENTIAL COMMERCIAL Minimum Fee $75 $90 New Construction, Renovation& $75 plus $90 plus Replacement: $10.00 per fixture $10.00 per fixture Apartments/Condos $50 per unit plus Separate Permit per unit $10.00 per fixture f Replacement Water Heaters $50 plumbing/gas $75 plumbing/gas Reinspection Fee: $50 $60 Inspections:Tuesdays&Thursdays 9:00 AM Call anytime during regular office hours to Schedule 978-462-7839 PLUMBING AND GAS PERMT•FEES •RESIDENTIAL a PLUMBING&GAS(existing): Remodeling Work: $10.00 per fixture Plus$25.00 permit fee Water Heater(electric): $10.00 per fixture plus$20.,00-'p&rmit fee Water Heateras (g &plumbing): ��. $40.00 petmit fee PLUMBING&GAS—(new work): Water Heater: $10.00 per fixture plus$25.00 permit fee Soifer,Roof-Top Unit, $10.00 per fixture Heaters,Etc. plus$25.00 permit fee. COMMERCIAL PLUMBING&GAS: New: X1.5.00 per fixture plus$125.00 permit fee Remodeling Work: $15.00 per fixture Plus$75.00 permit fee Penalties: Permit fees shall be Doubled when work has Started without a permit. Demolition: $50.00 t Re-inspection Fee: $50.00, New Cross Connection Plan Review: 1 '/-2; $30.00 2%z&up 2: $50.00 Y*'N Town of 2ropsfieff PLUMBING/GAS PERMIT FEE SCHEDULE 4 as of July 1,2009 PLUMBING New Construction Residential 75.00 plus 7.00 per appliance Commercial 100.00 plus 7.00 per appliance Replacement Fixture 50.00 New Boiler 50.00 Tankless Water Heater 50.00 Boiler Mate 50.00 Water Filter 50.00 Water Heater 50.00 *Re-inspection Fee 50.00 GAS New Construction Residential 75.00 plus 7.00 per appliance Commercial 100.00 plus 7.00 per appliance New Service 50.00 Conversion Burner 50.00 Hot air Gas Furnance 50.00 - Swimming Pool Heater - 5000 - Gas Piping 50.00 Appliances 50.00 Water Heater 50.00 (also requires a plumbing permit) *Re-inspection Fee 50.00 Genual Notes: Projects started without permits will be charged a late filing fee equal to the permit fee. No rebates or refunds once permits have been issued unless an error is made by the Inspectional Services Department in calculating the fee. Construction cost calculated to the next whole thousand. (ie: $10,200=$11,000) License and Insurance Certificates must be on file. *Reinspection necessary due to code violations or work not ready on a requested inspection will be subject to a re-inspection fee. Town of Tyngsborough M. at.�t�� Building Department PLUMBING& GAS PERMIT FEES **PRICES EFFECTIVE JANUARY 1,2012 AS APPROVED BY THE TYNGSBOROUGH BOARD OF SELECTMEN ON MAY 9,2011** Residential Plumbing Fee Gas Fee 1 to 5 fixtures $80.00 $60.00 Each additional fixture $10.00 each $10.00 each Remodel or renovation(up to 5 fixtures) $50.00 $30.00 Each additional fixture $10.00 each $10.00 each Water heater replacement $20.00 $30.00 Commercial: Includes condos, apartments,stores,garages, restaurants, etc. up to three (3)inspections per permit. Plumbing Fee Gas Fee First fixture $150.00 $150.00 Each additional fixture $10.00 each $10.00 each Remodel or renovation(up to 5 fixtures) $100.00 $100.00 Each additional fixture $10.00 each $10.00 each MPORTANT NOTES: a Work started without a permit will incur double the fee. • All fees paid for permits are Non-Refundable • A copy of a valid Plumber's and/or Gas Fitter's License must be included with the permit application. • If re-inspections are required due to violations revealed at the time of inspection,a $25.00 fee will be paid in advance of the next inspection. +a TV sQ Town of Vest Newbury PLUMBING/GAS PERMIT FEE SCHEDULE as of July 1,2009 jas.9;�f" u l .PLUMBING New Construction/Renovations Residential 75.00 plus 7.00 per fixture Commercial 100.00 plus 7.00 per fixture Replacement Fixture 50.00 New Boiler 50.00 Tankless Water Heater 50.00 Boiler Mate 50.00 Water Filter 50.00 .Water Heater 50,00 *Re-inspection Fee 50.00 GAS New Construction/Renovation Residential 75.00 plus 7.00 per fixture Commercial 100.00 plus 7.00 per fixture New Service 50.00 Conversion Burner 50.00 Hot Air Gas Furnance 50,00 Swimming P6611-Heater 50.00 Gas Piping 50.00 Appliances 50.00 Water Heater 50.00 (also requires a plumbing permit) *Re-inspection Fee 50.00 GeneralNotes: Projects started without permits will be charged a late filing fee equal to the permit fee. No rebates or refunds once permits have been issued unless an error is made by the Inspectional Services Department in calculating the fee. Construction cost calculated to the next whole thousand. (ie: $10,200=$11,000) License and Insurance Certificates must be on file. *Reinspection necessary due to code violations or work not ready on a requested inspection will be subject to a re-inspection fee. EXHIBIT B COMMUNITY and ECONOMIC DEVELOPMENT DIVISION Building (onservation Health Planning Stevens Estate Zoning MEMORANDUM IN SUPPORT OF THE AFFIDAVIT OF ERIC J. KFOURY To: Thomas Urbelis,Town Counsel From: Eric J. Kfoury Date: May 19,2016 Re: NATIONAL REFRIGERATION, INC.,v.TOWN OF NORTH ANDOVER acting by and through its ZONING BOARD OF APPEALS,TRIAL COURT-SUPERIOR COURT DEPT.Civil Action No. 1677CV00332 The Community and Economic Development Division conducted a limited examination of Plumbing Permit fees and calculation methods of thirty(30) Massachusetts communities(including North Andover) located within the geographic area surrounding the Town of North Andover. Within these 30 communities,there are two(2) basic methodologies used to calculate Plumbing Permit fees. The first methodology is based on a "per unit/per fixture".formula(hereinafter called the"Per Unit Method). The second,which is utilized by the Town of North Andover, is based on a percentage of total building cost(hereinafter called the Percentage Method), While there are different ways to equate the fee utilizing the Percentage Method,the basic premise is that there is a certain percentage of cost associated with plumbing within the total building cost to which a fee is then assigned. Communities do this to assure an arm-length determination of plumbing costs as opposed to taking,on faith,what an individual plumber or plumbing business says its costs are for a particular project. This is wholly in line in with how many communities determine the actual cost of construction for the total project, (e.g., North Andover applies a$125 per square foot cost to building construction to determine the total building cost as that figure was a fairly standard assumption within the construction industry at the time the fee schedule was set). Specifically,four(4)of the seven(7)communities that abut North Andover(and nine(9)of the 30 communities examined) use the Percentage Method. These communities have set the plumbing cost to equate to ten percent(10%)of the total building cost. From this 10%,each.community then determines a cost factor to cover their expected overhead to administer and implement the permitting processes. This cost factor differs but can easily be communicated as a percentage of the plumbing cost. For instance, in Gloucester it is 3%;in North Reading it is 2.1%;in Boxford, Hamilton, Marblehead, Middleton and Peabody it is 2%;in North Andover it is 1.5%;and in Methuen it is 1.2%. It is important to note that this formula can be equated in different ways. Again,Gloucester says"$3 per thousand on the total cost of construction", but this could easily read as"1/10th of 3.0%of the estimated cost of construction",which matches the equation formula that North Andover utilizes. II! 1 COMMUNITY and ECONOMIC DEVELOPMENT DIVISION Building (onservation Health Planning Stevens Estate Zoning North Reading's plumbing permit fee sheet reads: ".0021 x the total cost of construction as written on the building permit",which can be read as"1/10th of 2.1%of the estimated cost of construction as written on the Building Permit". While Methuen now simply reads: "10%of the cost of Building Permit", as recent as last Friday(May 14th)its formula was"1/10 of 1%of total cost on bldg permit",the same format as North Andover. [Note:this change increased Methuen's fee from$38,737 up to $46,485:] Clearly; North Andover could have made its Plumbing Permit fee to read "$1:50 per$1000 of the total cost of construction"or":0015 x the total cost of construction as written on the Building Permit"and the actual fee would be the same. Either way,the point is that North Andover is not alone in how it calculates its Plumbing Permit fees. 2 °. y LEGAL id" y III I'r4NI 55I w e': L E G A L tlly IV ���,VII y"'kV,kl�lry �NdII d f u :. •.s ��.: , ,:,".. ", y� M�A4� t.";�� rel i.: �°� „+c. a„.: X11. riuu wR;n ^yti .. .k^^i lid�ly vj.r�,.it•� � R*: + ' h.:N y,,. .. , ,, n.: a -:.. P •.,. '� ...,:.� .:hhr�P� i„w#� .:. �,,.:..:t ..,,... �r S '"6 1; � +,. �. .. �i......., : ..n: 4 .k,"�x,,: ,I ?: �M :, .. .';:', ::�:: ,.1 s. :. �� '„:�: t,v� N,.': „y a r.r. ,^:I ...a. I A ar'�:. .`;f I 61 ,F@,•:. ,.w': `:IM 6' 1a � :�; d.,. ,.�;. 1. ,� r:�. � m. ,:.:. �, y i luy r,n ,cs -"r�”,J,.��yd+ R,,x 4w�„*,w.*"�M,, a � rF"r & .,:Hr � ,I.r::,,h1�i .v ,; h:;.A,i .rG�'. i.{,�„ - rye ,+.,:• y� .:j'x li y� .g'.,t••,,;'I Town of North Andover ZONING BOARD OF APPEALS NORTH Albert P.Manzi III,Esq.Chaim an t,... ,6 qti Ellen P.McIntyre,Vice Chairman 3 e Associate Members Richard J.Byers,Esq.Clerk A Michael P.Liporto D.Paul Koch Jr.,Esq. i �* Doug Ludgin Allan Cuscia Deney Morganthal�q�no�� 9 4 �SSACHUs�t Zoning Enforcement Offcer Gerald A.Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday, January 12, 2016, at 7:30 PM to all parties interested in the petition of Shannon Law Associates on behalf of National Refrigeration, Inc., for property located at 16 Berry Street (Map 106.1), Parcels 0032). North Andover,MA 01845 in the R-3 Zoning District. The Petitioner is requesting a Finding(s) to appeal the determination made by Mr. Brown and the reasonableness of the plumbing permit fees assesses by the Building Department to compensate the Town of North Andover for its anticipated regulatory expense. Pursuant to Mass. Gen. L. C. 40, § 22F &Mass. Gen. L. c. 143 § 100. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: Date of first publication Date of second publication {00084696;v)} i 1/14/2016 Public Notices y t Home Thursday,January 14, 2016 TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS NOTICE IS TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Town Hall at 120 Main Street, North Andover, MA on Tuesday, January 12, 2016, at 7:30 PM to all parties interested in the petition of Shannon Law Associates on behalf of National Refrigeration, Inc., for property located at 16 Berry Street (Map 106.D, Parcels 0032). North Andover, MA 01845 in the R-3 Zoning District.The Petitioner is requesting a Finding(s) to appeal the determination made by Mr. Brown and the reasonableness of the plumbing permit fees assesses by the Building Department to compensate the Town of North Andover for its anticipated regulatory expense. Pursuant to Mass, Gen. L. C. 40, § 22F & Mass. Gen. L. c. 143 § 100. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman ET -- 12/29/15, 1/5/16 Appeared in: Eagle-Tribune on 12/29/2015 and 01/05/2016 t 93 Printer-friendly version ,<E-mail to a friend Horne i Privacy Policy ( Terms of Use ( About Us I Contact Us ©Copyright 2001-2016 Legacy.com All Rights Reserved WJ/mamyputiiabtices_co dRMieNoticewp7PagL=PublicNotoe&Aold=3990QT/ 1/1 • Town of North Andover • • ZONING BOARD OF APPEALS �10RTM Albert P.Manzi II1,Esq.Chairman 't r g.. Ellen P.McIntyre,Vice-Chairman 3 ^''•° °e Associate Members Richard J.Byers,Esq.Clerk y v Michael P.Liporto D.Paul Koch Jr.,Esq. �,; {* Doug Ludgin Allan Cuscia * '*. �� --a Deney Morganthal SSACHUSEZomig Enforcement Officer Gerald A.Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Town Hall at 120 Main Street,North Andover, MA on Tuesday, January 12, 2016, at 7:30 PM to all parties interested in the petition of Shannon Law Associates on behalf of National Refrigeration, Inc., for property located at 16 Berry Street (Map 106.1), Parcels 0032). North Andover, MA 01845 in the R-3 Zoning District. The Petitioner is requesting a Finding(s) to appeal the determination made by Mr. Brown and the reasonableness of the plumbing permit fees assesses by the Building Department to compensate the Town of North Andover for its anticipated regulatory expense. Pursuant to Mass. Gen. L. C. 40, § 22F &Mass. Gen. L. c. 143 § 100. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert.P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: Date of first publication Date of second publication {00084696;v 1 J Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi 111,Esq.Chairman °E �os b ttie Associate Members El1enP.McIntyre,Vice-Chairman o�°_�a Michael P.Upor-to Itichard J.Byers,Esq.Clerk ` " Douglas Ludgin D.Paid Koch Jr.,Fsq. s Deney Morganthal Allan Cuscia " °Ao° �4` Zoning Er forceruent Q#icer ��SSACHUsry Gerald A.Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the North Andover Town Hall, 120 Main Street, North Andover,MA on Thursday, January 24, 2013 at 7:30 pm to all parties interested in the petition of North Andover Holdings,LLC for property located at 16 Berry Street/Riding Academy Preserve, North Andover,MA (Map 1.06.1),Parcel 0032). This application is pursuant to M.G.L. Chapter 40B, Section 21 for a Comprehensive Permit for construction of 240 newly constructed housing units, 60 of these units will be affordable units that will be made available to low-moderate income applicants located on 26.86 acres. These units will be rented to moderate-income,who meet the eligibility guidelines established by the Massachusetts Housing Finance Agency,(MassHousing). The said premise affected is property within the R-3 zoning district. Plans are available for review at the office of the Zoning Board of Appeals at 1600 Osgood Street, Suite 2035, North Andover,MA, Office Hours: Monday, Wednesday, and Thursday from 8:00 am - 4:00 pm Tuesday from 8:00 am 5:30 pm Friday 8:00 am— 11:30 am By order of the Board of Appeals Albert P. Manzi Ill, Esq., Chairman Publislted in the)Eagle Tribune on: January 1.0,2013 January 17,2013 ' • - r CERTIFIED MA!,L,. RECEIPT C13 (Domestic Ln = For delivery information visit our website at vwww.usps.coma cc A r9 CO Postage $ �v O Certified Fee t l� r j, Return Receipt Fee Q erw c 0 (Endorsement Required) 2 O �:Y Restricted Delivery Fee p (Endorsement Required) Lrl r1 Total Postage&Fees s C �. Sent To rq p Street --Apt.No.; .Chip-luz.Chang.------------------------------------ r- or PO Box No. 90 Compass Point Road . .......:..... -------- - --------- ................................ cty scare,z�P+4 North Andover;MA 01845 Certified Mail Provides: ■ A mailing receipt - ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Maile or Priority Mails,. ■ Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide prooffof delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPSe postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee;'or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". r If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. ' PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ' ■ Print X your name and address on the reverse �/ �—"'� uIDelivery so that we can return the card to you. B. Received by(Printed Name) C.Date ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? C1 Yes If YES,enter delivery address below: ©No Chih-Hui Chang 90 Compass Point Road 3. Service Type North Andover,MA 01845 0 Certified Mail® O Priority Mail Express' 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail E3 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes' 2. Article Number 7 014 015 0 0001 4 818 4538 (transfer from service IabeQ DC Farm 3811 -hd"9MR r)--ti,Rc+nm P—iM :STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4® in this box" Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover,Ma 01845 1.5. Postal CERTIFIED M (Domestic MOM Only,No Insurance Coverage Provided) For delivery information visit our��bsite at www.usps.come r1 M Postage $ a OZ/ /Q � o Certified Fee / t �� v 11Ostmark r RReceipt Fee 1 H e OCD � (Endorsement Required) Restncted Delivery Fee ` 6 0 (Endorsement Required) Cp 0 Total Postage&Fees Sent Toru + Jeffrey Moori ------------------------------- r3 Street,Apt. I �` No" orPoeoxno. 141 rBerryStreet ----------- -------- --------------- OV,Stae,zt +a over, MA- 1845- - PS For i Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: , ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. ' PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 •mPLE',i'E THIS SECTION COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A.Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse XAA .) I d Idlizz', 11Addressee so that we can return the card to you. Recei y(Pri ed Name) C.bate of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 11 13 Yes If YES,enter delivery address below: ❑No i Jeffrey Moon 141 Berry Street s. ServiceType North Andover,MA 01845 ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number - — (Transfer from service label) j I;7012 i-1010 0001 10 51 4631 � UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover,Ma 01845 Postal CERTIFIED MAILT. RECEIPT ti (DOMeStic Mail Only;No Insure-ape Covibrage Provided) 0 For delivery information visit our website at www.usPS-COMOD N O Postage $ p D5 .F, rq Certified Fee p/(� Sr-1 I r r^ rReturn Receipt Fee /t O (Endorsement Required) Vel,r �Restricted Delivery Fee C3 (Endorsement Required) r=1SUS P 5/ O Total Postage&Fees $ . ra f1J Sent To � Ro_bin Colomb_osian p Street,l7pElVo.; 2l Ash street N or PO Box No. City,State,ZlP+4 —'NOrtff AfldMer,MA-0,t'8-4'5----------------- _11 11S qpp gpvprqp fir 1iqtrtjc6vT-q Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your maiiolece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Maile ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 SENDER: • •N COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete; rA. alture item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Priv d Name) -of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Robin Colombosian 21 Ash Street North Andover, MA 01 845 a. service Type O Certified Mail ❑Express Mail ❑Registered E3 Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number I' 70121 1010 0001 1051 7021 (Transfer from service labeo UNITED STATES POSTAL SERVICE First-Class Mail . Postage&Fees Paid USPS Permit No.G-10 Sender: Please print your name, address, and ZIP+4 in this box• Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01845 • CERTIFIED MAILT. RECEIPT Qr ! (Domestic MaY Only;No Insurance Coverage Provided)� CO Postage $ ER Certified Fee v�—a Postmark O M Return Receipt Fee ¢' Here M (Endorsement Required) T p C3 Restricted Delivery Fee JAN -5 2016 T C3 (Endorsement Required) Ln r-1 Total Postage&Fees $ e i . �. Sent To r-q -----------------------Nranoy-H*ghton.................................... p Street,Apt.No.; r- or PO Box No. = 24--- ,st.BXadstreet-Road-------- _ City State,ziP+a. North Andover; MA 01,845 I Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept byrthe Postal Service for two years . Important Reminders: -�. ■ Certified Mail may ONLY be combined with First-Class Maile or Priority Maile. s Certified Mail is not available for any class of international mail. I 'la ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. s For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPSe postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee,or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". - ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. 7 IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3600,August 2006(Reverse)PSN 7530-02-000-9047 ..r.'Y'''..: , 8.r. COMPLETE •N COMPLETE.THIS SECTION ON ■ Complete items 1,2,and 3.Also complete A. Signature ' item 4 if Restricted Delivery is desired. X ❑Agent il Print your name and address on the reverse dressee so that we can return the card to you. K�.c.lv'dby(Printed Na C. D elivery ■ Attach this card to the back of the mailpiece, or on.the front if space permits. 1. Article Addressed to: D. Is delivery address differer��rQtij item' ❑Yes If YES,enter delivery address below: D No Nancy Houghton 24 West Bradstreet Road North Andover, MA 01845 3. service Type ❑Certified Mail CI Express Mail 0 Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number F;; ?014 ' 2120 0000 8228 7442 C (ransfer,from service label) _. UNITED STATES POSTAL SERVICE First-glass Mall Postage&Fees Paid USPS r Permit Na:a-10 • Sender: Please print your name, address,and ZIP+4 In this box° Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01845 Postal (DomesticCERTIFIED MAILT. RECEIPT M No Insurance Coverage Provided) M U1 i K ., r-9 Postage $ Y-V qD Certified Fee -C tP C3 Return Receipt Fee J C O (Endorsement Required) r� U []• f Restricted Delivery Fee \ �� O (Endorsement Required) r-1 �sPs--I- M Total Postage&Fees s r--3 N sent To kseph avery ht .--j-------------l0-�-omass-Point-Road oint-Roam-------p See,Apt - or PO Box No. City,State,ZIP+4 Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the P'bstal Servipe for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee;a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail,receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". s If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 I SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sign ' item 4 if Restricted Delivery is desired, X ❑,Agent ■ Print your name and address on the reverse d ❑Ad ressee so that we can return the card to you. B Recei a by(Printedame) elivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. )` 1. Article Addressed to: D. Is delivery address di Brent from item 1? ❑Yes If YES,enter delivery address below: ❑No I Joseph Lavery I 100 Compass Point Road 1 North Andover, MA 01845 3. Service Type O Certified Mail ❑Express Mali ❑Registered 0 Return Receipt for Merebgridise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number -- - - r- --- - - - --- -) (Transfer from service fabei). ?012 1010 0001 12 51 4 310 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender.: Please print your name, address, and ZIP+4 in this box • Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01845 I.S. Postal CERTIFIED (Domestic Mail Only; fU ..x For delivery information visit our website at www.usps.come Lf N r9 `• t-r) M Postage $ Certified Fee j t Return RetuReceipt Fee O (Endorsement Required) Ierffj0l;� Restricted Delivery Fee c �� r3 (Endorsement Required) r9 M Total Postage&Fees U$pS/ r9 ft1 Sent To John Hagerty:Q _ ' 3FreeF.At:T7o.i--------- -- re-- ef - N or PoBox No. 1�7 'I`nrnplke ciy,"siaie,ZrP ---- Nofth-Andover,SIA-©�845 Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years ' Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 COMPLETE • ■ Complete items 1,2,and 3.Also complete A. Signa re item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse1 L]Addressee so that we can return the card to you. B. Received by(Printed Na e) Date of Delivery i Attach this card to the back of the mailpiece, or on the front if space permits.. _ (r D. Is,delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No I I .John Hagerty 1874 Turnpike Street North Andover,.MA 01845 3. Service Type 13 Certified Mall ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑InsuredUail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) Cl Yes 2. Article Number f — 17 ` " -— — -- -- (transfer from service label) 7 012 1010 0 0 01 105 - 05 - _ 4 2 3 j UNITED STATES POSTAL SERVICE First-Class Mail 1 Postage&Fees Paid USPS Permit No.G-10 • Sender:Please print your name, address, and ZIP+4 In this box • Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 203 North Andover, Ma 0184 I.S. Postal (DomesticCERTIFIED MAIL. RECEIPT Only, Provided) cc For delivery information visit our website at www.usps.come 43 OFFICIAL rR CO Postage $ e O VER � Certified Fee �., C3 Return Receipt Fee (y p X4 (Endorsement Required)Restricted Delivery Fee p (Endorsement Required)LrI� Total Postage&Fees $ Sent To r-9 0 Street,Ajit.RY, Imbert"&"JofitTt40ugirtan-------------- r- or PO Box No. city,State,ziP,a"4�#f�13I1 Shit'et ------------------------------------- 845 Certified Mail Provides: ■ A mailing receipt ■ Aunique identifier for�ourmailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: r ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE.COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. _ ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate'return receipt,a USPS®postmark on your Certified Mail receipt is required. r ■ For an additional.fee, delivery may be restricted to the addressee,or addressee's authorized,agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". e If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on .the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 ■ Complete items 1,2,and 3.Also complete `ANSI n ture - s item 4 if Restricted Delivery is desired. 0'Agent ■ Print your name and address on the reverse rltla Addressee so that we can return the card to you. Received by(Printed Na ) c. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits., D.is delivery address different from item 1? ❑,Yes I-.Article Addressed.to: If YES;enter delivery address'. ddress below: ❑No Robert&Joan Houghton 44 Ash Street 3. Service Type North Andover;MA 01845 ❑certified snail 13 Ex Mail ❑Registered ❑Return Receipt for Merchandise 1 Cl.Insured Mail ❑C.O.D. 4.,Restricted Delivery7,(Extra Fee) 0 Yes z Article Nuriitier7014.y 0150 0001 4 818 4484 (transfer from service'7abeq, •--------• - UNITED STATES POSTAL SEr:9fCE First-Class Mail Postage&Fees Paid I USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box• Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Rola 01845 I r Postal (DomesticCERTIFIED MAILT. RECEIPT ru For delivery Information visit our website at www.usps.-COM@ 1.� L I _ M Postage $ r� Certified Fee M Return Receipt Fee Postm O (Endorsement Required) MMHe1re GT Ok CRestricted Delivery Fee �O O (Endorsement Required) r-9 C3 Total Postage&Fees $ Sent To - ru r-9 -----------------------e/a.FrancisA..Shanns�nlrlIl,Esc}._____ C:3 Street, pt. o.; or PO Box No. Shannon'Law 'Associates, Inc. ---•--------------------•-•---•----r. City,State,z�P+a 300 Crown Colony Drive;Surte 504 Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Maile or Priority Maile. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPSe postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement'Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking.If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000.9047 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete �' A` Siture item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse X 1 ❑Addressee so that we can return the card to you. B. RKeived b ed Name) C.Dat of Delivery ■ Attach this card to the back of the mailpiece, 1 or on the front if space permits. 1. Article Addressed to: M-Is delivery address different from item 1? ❑ s Jf YES,enter delivery address below: ❑No 1 National Refrigeration, Inc. c/o Francis A. Shannon,III, Esq. Shannon Law Associates,Inc. 3. Service Type 300 Crown Colony Drive,Suite 504 ❑certified Mail 11 Express Mail ❑Registered ❑Return Receipt for Merchandise Ouincv,MA 02169 ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes (Trarise ;Mir.; X7012 1010 0001 1051 4266 UNITED STATES POSTAL SERVICE First Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover.Ma 0186" 11311;Ili 111.1i11IfiI]111$1 111lf1111 :li, Postal CERTIFIED MAIL. RECEIPT Q. (Domestic Mail Only; Ln „ S -ol OFFICIAL USE ro Postage $ CertifiedFee QV�fZ Return Receipt Fee T i r O (Endorsement Required) X O Restricted Delivery Fee N 5 201r r r r3 (Endorsement Required) U „- Ln ■ Complete items o Total Postage&Fees $ item 4 if Restric 1:1 Agent ■ Print your name sent r° Willie Joe Edwards o Addressee so that we can r street,apt.No.; ' ' I to o elive - ■ Attach this card I, Windsor sane [very or on the front if city sra�a z�P+a c�rCh Andover M X1-845 ------------------•-•--- E]Yes 1. Article Addressed 1 E 0 No • ��. J Willie Joe Edwards 90 Windsor Lane North Andover,MA 01845 3. service Type 13 Certified Mail" 0 Priority Mail Express- 13 Registered 13 Return Receipt for Merchandise ❑Insured Mall 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) p Yes 2. Article Number 7014 . 0150 0DD1 4818 459D (Transfer from service taboo Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years -t. Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail ■ Certified Mail is not available for any class of international mail. t ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt maybe requested toprovide proof,of delivery.To obtain Return Receipt service,please complete and attach a Return UNITED STATES POSTAL SERVICE First-Class Mail - Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4®in this box• Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover,Ma 01845 Postal CERTIFIED MAILT. RECEIPT r' (Domestic Mail Only�iWf Insurance Coverage Provided) Ln F in O Postage $ p c7'�: Certified Fee r= CD`�J( y rq 5 X116°tea O Return Receipt Fee M (Endorsement Required) L 0 Restricted Delivery Fee O (Endorsement Required) PS r� a Total Postage&Fees $ a Sent To .. a ----------------------�f EnvirOu�xtexltl_Mana ement ____ _-_ Street,Apt.No.; ------------- F, or PoeoxNo. 100 Cambridge Street ary,State,Z/P+4BOA09, MA 021 12 Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Maile or Priority Mail®. ■ Certified Mail is not available for any class of international mall. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a`Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee..Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking..If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02.000.9047 SECTIONSENDER: COMPLETE THIS SECTION COMPLETE THIS ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. S' lure item 4 if Restricted Delivery is desired. X ❑Agent Print your name and.address on the reverse ❑Ad ressee .iso that we can return the card to you. B. Received by(P&dd Nam4 1 C. e o Delivery INAttach this card to the back of the mailpiece, n v I or on the front if space permits. (((J!! D. Is delivery address different from item 1? []'Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No ommonwealth of MA Department of Environmental Management, 100 Cambridge Street Boston,MA 02114 . 3. service Type ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4, Restricted Delivery?(Extra Fee) ❑Yes 2 Article--N mber —— - - - (Trarisfef from=serv/ce/abet) 70 ;2.,I�€]�fl 104y; 1051 4587 UNITED STATES POSTAL.SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box• Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01845 . .- I fll�fl llltifrl 11 11111! f ! it',1111ti + 1! 11 it,li I � �#I 1 1 i� 111'1.!' t"lip U.S. Postal Service" ■ ' D ■ ■ Domestic M For delivery lnformi�tion,visiCour website at www.usps.corn". 777 F I C I A L U S-E ru ru Postage $ 9 Certified Fee 0 P os M Return Receipt Fee C 4D C3 (Endorsement Required) ? J L C3 �QN Restricted Delivery Fee C3 (Endorsement Required) ru r-1 Total Postage&Fees s, usPC . rti Sent To rq ------ - — — saeeraapcfvv., --,-36�Wndsor Lane : ------------------ or PO Box No. North Andover, MA 01845 --------------- Cif-,State,ZPP+4 - - . Certified Mail service provides the following benefits: j ■A Certified Mail receipt(this portion of the mailpiece;include applicable postage to Certified Mail label). cover the return receipt service fee;and ■A unique identifier for your mailpiece. endorse the mailpiece"Return Receipt ,. ■Electronic verification of delivery or attempted Requested,"or see a retail associate for delivery. assistance.For an electronic return receipt, t ■A record of delivery(including the recipient's see a retail associate for assistance.To signature)that is retained by the Postal receive a duplicate return receipt,present Service®for a specified period. this USPS®-postmarked Certified Mail receipt to the retail associate,who will Important Reminders: provide a duplicate return receipt for no •You may purchase Certified Mail service with additional fee. First-Class Mail®,First-Class Package Restricted delivery service,which provides ' Service,on Priority MailO service. delivery to the addressee specified by name, ■Certified Mali service is notavailable for or to the addressee's authorized agent. international mail. Include applicable postage to cover the •Insurance coverage is not available for restricted delivery fee and endorse the purchase with Certified Mail service.However, mailpiece"Restricted Delivery,"or see a the purchase of Certified Mail service does not retail associate for assistance. change the insurance coverage automatically ■To ensure that your Certified Mail receipt is 2 included with certain Priority Mail items. accepted as legal proof of mailing,it should 1' ■For an additional fee,you may request the bear a USPS postmark.If you would like a following services: postmark on this Certified Mail receipt,please't -Return receipt service,which provides you present your Certified Mail item at a Post with a record of delivery(including the Office"for postmarking.If you don't need a recipient's signature).You can request a postmark on this Certified Mail receipt,detach-, hardcopy return receipt or an electronic the barcoded portion of this label,affix it to the I version.For a hardcopy return receipt, mailpiece,apply appropriate postage,and complete PS Form 3811,Domestic Return deposit the mailpiece. Receipt attach PS Form 3811 to your IMPORTANT:Save this receipt for your records. PS Forth 3800,July 2014(Reverse)PSN 7530-02.0009047 SENDER" COMPLETE THIS StCTION CO MPLETE T141S SECTION ON DEL IVERY ■ Complete items 1,2,and 3.Also complete A. S' at re item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse" ` Addressee so that we can return the cardA g, ed by(Prin a Name) C. atIf Delivery ■ Attach this card to the back. 9lsiic k or on the front if space PAR �r� .� ".'. D. I e ivery address ifferent from item 1 Yes 1. Article Addressed to: Q 9 Zd16 If YES,enter delivery a ress elow: El No T �p�Y Thomas RoyceQ 36 Windsor Lane €1S '�� North Andover, MA 01845 S rvicerype Certified Mail® ❑Priority Mail Express` Re tered El Return Receipt for Merchandise 13I red Mail ❑Collect on Delivery 4. R tricted Delivery?(Extra Fee) ❑Yes 2. Article Number -- . =— (Transfer from service Iabeq 1 -7 0I Yi 212 0 U 0 O 0. 622bi 7 37 L _,_ . PS Fnrm 3811 ii iiv 9(113 r)nmastire Ratnrn Raraint UNITED STATES POSTAL SERVICE First Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4®in this box" Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01 845 Postal MAIL.CERTIFIED Coverage r9 For delivery Information vW our web3ite at www.usps.come . p A* Ln O Postage $ 6 / (�� r9 Certffled Fee r—1 r_ C Pos ark IM Return Roe *pt Fee tp Ch O O (Endorsement Requ red) \ a, 0~ C �. Restricted Delivery Fee 8666 p (Endorsement Required) rq O Total Postage&Fees $ rq � ser;tro Health Care Reit, Inc. ---- - � Street Apt No.; :5b6-borr Street or PO Box No. Crty State,ZIP; ...To ed�;f�I f3� = ��................::.. Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the-Postal SiD vice for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Maile or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For. valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return' Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPSe postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"RestrictedDelivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry.- PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 1 COMPLETE •N COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete Ai7z ,16� item 4if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. a eiv ( ' t c.7-7*V ■ Attach this card to the back of the mailpiece, or on the front ff space permits. D. Is delivery address different frop item 1. n Yes 1. Article Addressed to: If YES,enter delivery addre below: ❑No Healthcare Reit,Inc. 4500 Don Street 3. Service Type Toledo, OH 46315-404 ❑certified Mau ❑Express Mau ❑Registered Q Return Receipt for Merchandise ❑Insured Mail .❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number — - (Transfer from service label) ` 11 ; i 7 012 111010 1 0 0 01 1 51 4 617 ..... -nnaa 1 ` UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees_ Paid USPS Permit No.G-10 • Sender: Please print your name,address, and ZIP+4 in this box • Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover,-Ma 01845 illll�llrl}�}}}a!!}}1I+11��11i,1�l:��}},111Il�ll��!}llll�ijij}l�Il Postal CERTIFIED MAIL. RECEIPT Ln (Domestic Mail Only;No Insurance Coverage Provided) Ln b!91te at For delivery information visilrbbi,we 6. FICINL UrlY co Postage $ '4� p,IJvOVER Certified Fee 4 O 0 Return Receipt Fee ✓OP�o ark (Endorsement Required) 5 rens Ch Restricted Delivery Fee C3 (Endorsement Required)Ln �sPs a`p ''R Total Postage&Fees s O Sentra Donald Choi - ----- --•-------- a or PO apr.N. 96 Compass Point Road r- or PO Box No. PS Form 3800,Auqust 2006 See Reverse for Instructions c�iy siaie,-ziP+a_...____.�or�fi`An"tTover;•NIA-�71"845..._._.__. Certified Mail Provides: ■ Amailing receipt r ■ A unique identifier for your mailpiece ■ A record of delivery kept by th§PostaVgbrvice for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Maila,. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. ror valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof'of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. _ IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02.000-9047 COMPLETE THIS SECT16N ON DELIVER ■ Complete items 1,2,and 3.Also complete A. Signatu ' item 4 if Restricted Delivery is desired. _ X A- D Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you, B. Received by(Printed Name) C. Dat of D ivery ■ Attach this card to the back of the mailpiece, a R / / or on the front if space permits. d D. Is delivery address different from item 1? ❑Y01- 1. Article Addressed to: If YES,enter delivery address below: M No Donald Choi 96 Compass Point Road 3. Service Type North Andover,MA 01 845 ❑Certified Mail® 13 Priority Mail Express' ❑Registered ❑Return Receipt for Merchandise O Insured Mail E3 Collect on Delivery 4. Restricted Delivery?(Extra Fee) p Yes 2. Article Number 7 014 0150 00111 4 818 4545 (Transfer from service labeq PS Form 3811,July 2013 Domestic Return Receipt n ` UNITED STATED &LZ tVICE First-Class Mail Postage&Fees Paid USPS ', ,' .1 6 Permit No.G-10 • Sender: Please print your name, address, and ZIP+40 in this box* Town of North Andover . Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01845 €IltsIt iIpil'is}lls' }g} ll ' fii igpippi i ! fiat Ef`1t I iiia I1� i'I }i' }�' ll 8 ;'i I.S. Postal CERTIFIED MAIL,. RECEIPTp (DomesticOnly; -r For delivery information visit our website at wwvv.usps.conn�p r-:1 OFFICIAL USCE Postage $ DYER Certified Fee 3 1rq 0 C:3 Post taAc " Return Receipt Fee �' (Endorsement Required) T Her Restricted Delivery Fee AN-5 2016 0 CJ (Endorsement Required) Q ca l U1 . � Total Postage&Fees Sent To Matthew Carpenter. . . . p srraer.Wit.iva.; ---72-Wi6dortane N or PO Box No. cry sieie;z�P+4--------No+t4•-Andover;-MA-41.84.5--=----:--. Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your maMpiece -, ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. c ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece,"Return Receipt Requested".To receive a fee waiver for a duplicate return rece}pt,a USPS®postmark on your Certified Mail receipt is required. r-_ ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. J IMPORTANT:Save this receipt and present it when making an inquiry. I PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 COMPLETE • ON ■ Complete items 1,2,and 3.Also complete . ignature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse t ❑Addressee so that we can return the card to you. 13 eceived by(Printed Name) C. D 4of pelivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1 11 1. Article Addressed to: D. Is delivery address different from item 1. 13Y s If YES,enter delivery address below: ❑No Matthew Carpenter 72 Windsor Lane North Andover,MA 01 845 3. Service Type ❑Certified Mail® ❑Priority Mail Express' ❑Registered ❑Return Receipt for Merchandise ' -- - ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label 7D14 0.150 0001 4818 4460 j DC Gnrrrf 3f211 -ii"�mz rinmec}in Rc+nrn Rcrcin+ UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid �4 USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4®in this box" Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01845 iJill'i11lijiliti11111 Jli„)Ilii1.�,11„i11�� Postal U (Domestic Mail Only; rn r For delivery information visit our website at vvww.usps.coma o F .,_ —L USE O Postage $ Certified Fee q � Postrc Return Receipt Fee INAA�� CC 2.017,." j (Endorsement Required) SSI\ —J " Restricted Delivery Fee 0 (Endorsement Required) 4. Total Postage&Fees W J r Sent To Steven James Wiles Freer t."°•. g VVmdsor Lane �- or PO Box No. cry State.ZIP+4--------Nurd1 rAnd-o-vel;MAO 1845------------ PS Form 3800j August 2006See Reverse for Instructions Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years "I r Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Maile or Priority Mail& ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. . . ■ For an additional fee,a Return Receipt may be requested to provide proof of, delivery.To obtain Return Receipt service,please complete and attach a Return. Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt,is required. ■ For an additional fee, delivery may be restricted to the addressee`or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry.- ' PS.Forrn 3800,August 2006(Reverse)PSN 7530-02-000-9047 IsEkD'EWCOMPLETE THIS SECTIONBMPLET^HIS'$FCTION ON DEVVERY ■ Complete items 1,2,and 3.Also complete A. Signatur _ item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse ✓� Addresse( so that we can return the card to you. B. Receiv by(Printed Name) C. Date of Deliver) ■ Attach this card to the back of the mailpiece, or on the front if space permits. _ D. Is delivery-adc�es ferent from item 1? ❑Yes 1. Article Addressed to: If YES,/��r a iv Nr�Ss below: ©No 4 - CD Steven James Wiles \ `a 89 Windsor Lane ; 3. Service, 'pe S S� , North Andover,MA 01845 - E3 Certif etl•Ma� 'Pxiority Mail Express- Registered ❑Return Receipt for Merchandise - ❑Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) p Yes 2. Article Number 7014 0150 000], 4818 X552 (Transfer from service/abed PS Form 3811,July 2013 Domestic Return Receipt UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4® in this box* Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01845 Postal CERTIFIED MAILD RECEIPT -n Domestic T1 =I- For delivery informaflon,visitpur website at www.usps.com9. OFFICIA1 U Postage $ i L4 C Certified Fee Return Receipt Fee �� JN =� e A,(Endorsement Required) y '£ Hera Restricted DeliveryFee (Endorsement Required) -9 Total Postage&Fees s' - Li Sent To Jean ProuIx sieer&aP�nio--------I8r2-Tiirripike StM f-----------------=------- or PO Box No. -` tor+h--Afrdo�er;-MA fl}$45-------------- --------------------------itState, IP+ _ - Certified Mail service provides the following benefits: ■A Certified Mail receipt(this portion of the mailpiece;include applicable postage to Certified Mail label). cover the return receipt service fee;and ■A unique identifier for your mailpiece. endorse the mailpiece"Return Receipt ■Electronic verification of delivery or attempted Requested,"or see a retail associate for delivery. assistance.For an electronic return receipt, ■A record of delivery(including the recipient's see a retd'il associate for assistance.To signature)that is retained by the Postal receive a duplicate return receipt,present Service®for a specified period. this USPS®-postmarked Certified Mail Important Reminders: receipt to the retail associate,who will ■You may purchase Certified Mail service with provide a duplicate return receipt for no additicnal fee. First-Class Mail®,First-Class Package Restricted delivery service,which provides- Service®,or Priority Mail®service' delivery to theaddressee specified by name, ■Certified Mail service is not available for or to the addressee's authorized agent. > International mail. Include applicable postage to cover the ■Insurance coverage is notavailable for restricted delivery fee and endorse the i purchase with Certified Mail service.However, mailpiece"Restricted Delivery,'or see a the purchase of Certified Mail service does not retail associate for assistance. change the insurance coverage automatically ■To ensure that your Certified Mail receipt is included with certain Priority Mail items. accepted as legal proof of mailing,it should ■For an additional fee,you may request the bear a USPS postmark.If you would like a following services: postmark on this Certified Mail receipt,please t -Return receipt service,which provides you present your Certified Mail item at a Post with a record of delivery(including the Office—for postmarking.If you don't need a =_ recipient's signature).You can request a postmark on this Certified Mail receipt,detach-, hardcopy return receipt or an electronic the barcoded portion of this label,affix it to the; version.For a hardcopy return receipt, mailpiece,apply appropriate postage,and I complete PS Form 3811,Domestic Return deposit the mailpiece. Receipt,'attach PS Form 3811 to your IMPORTANT:Save this receipt for your records. PS Form 3800,July 2014(Reverse)PSN 7530-02-000.9047 'ENDER: COMPLETE THIS SECTION 1.Complete'items 1,2,arid.3.Also complete.`" A• Sig 'tur f item 4 if Restricted Delivery is desired. ,,1 0 Agent a Print your name and address on the reverse X ❑Addressee so that we can.return the card to you. Printe ame C. Dat of De' ery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery ad re ifferent frorA item 1? ❑Y& Article Addressed to: 0) If YES,enter dell address below: ❑No W in Jean Proulx cn w�' 1812 Turnpike Street �'t 3. SerIcerype.�, North Andover, MA 01845. �� ❑Certi' '' C1 Express Mail i x'M� ' d 0 Return Receipt for Merchandise - - nsured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes L Article Number 7014 2120 0000 8228 7435 (transfer from service label) _ 'S Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154c UNITED STATI§§!N'Bk4 ERVICE First-Class Mail Postage& Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01 845 Postal CERTIFIED MAILT. RECEIPT :0 (Domestic Mail Only;No Insurance Coverage Provided)For-delivery information visit our website at www.usps.com(gon - A L _�_ a Postage $ a C ��R �O / 7 a Certified FeeL4-5 ZI Return Receipt Fee tPJt16r9'� m (Endorsement Required) Restricted Delivery Fee ^ (Endorsement Required) Total Postage&Fees s I. Sent To Kelly Weeder a re ;a Stet,Apt.No. 48-Wi 7cT§'&'L-arie----------------------•------ +- or PO Box No. City,State.ZlP+4 -Nort1T A-nddvel;-MA--0-1-&45'----------- PS Form :r. August 2006 See Reverse for Instructions Certified Mail Provides: ■ A mailing receipt i ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: - r - ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Maile. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof'of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece,"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receiptis required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. ;-3 IMPORTANT:Save this receipt and present it when making an inquiry."' PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 ' ° I COMPLETESENDER sCO i I i ■ Complete items 1,2,and 3.Also complete A. ignature item 4 if Restricted Delivery is desired. 0 Agent w Print your name and address on the reverse X - 0 Addressee so that we Can return the Card to you. B. eceived by(Printed Name) C. Date of Deliven ■ Attach this card to the back of the mailpiece, l�L I— `G,l� or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Kelly Weeder 48 Windsor Lane North Andover, MA 01845 3. Service Type ❑Certified Mail® 13 Priority Mail Exprese Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 17 Yes 2. Article Number (Transfer from service label) 7 014 .0150 0001 4 818 4583 PS Form 3811,July 2013 Domestic Return Receipfi ;,."NITEt STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid P. USPS Permit No.G-10 • Sender: Please print yoor nime, address, and ZIP+48 in this box* Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01845 III'I I it!I I it 111111 is I It'll! Postal (DomesticCERTIFIED MAILT. RECEIPT • ,,ak-No lqsurance Coverage Provided) 7. For delivery Information visit our website at www.usps.come >7 o0 [AFI Or Postage $ t. - pr Certified Fee Jj� its a _ A -5 Mn W Return Receipt Fee CO 7 (Endorsement Required) Restricted Delivery Fee (Endorsement Required) (J`OPS f n Total Postage&FeesLs 79 - - - 7 Jr- sent To Edward Za—bldOj a -----------64-WiRsor Lane----•------------------------ � Street Apt.No.; �L, or PO Box No. North-An _m:, M 41845-___ -------- ------- City State,ZIP+4 PS Form :00 August 2006 See Reverse for Instructions Certified Mail Provides: ■ A mailing receipt In, ■ A unique identifier for your mailpiece • ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Maile or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". 1- 0 If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry.- PS nquiry.PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 • • ■ Complete items 1,2,and 3.Also complete ., A lignature item 4'if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse 13 Addressee so that we can return the card to you. B. Received y(Priv Name) C. Date o Delivery ■ Attach this card to the back of the mailpiece, I_r-. r� )� `!Q�l. or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 13 No Edward Zablocki 60 Windsor Lane North Andover, MA 01845 s. service type O Certified Mail® D Priority Mail Express'" ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number.. ?014 1015 0 0001 4 818 4569 (Transfer from service label) Ps Form 3811,July 2013 Domestic Return Receipt UNITED STATES ' VICE First-Class Mail � ��,:01 Postage&Fees Paid USPS �. Permit No.G-10 • Sender_ Please print your name, address, and ZIP+48 in this box• Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover. Ma 01845 tis11111"111'����1��,i��'j ll�'''� fist ��l �t X111)1041111)1 wml Wd 11 DWI!)I 11,1 Postal CERTIFIED MAILT. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information v1a1tvL-.,4websfte at www.usps.comar r aOFFICIAL Postage $ 149 _R O Certified Fee p Return Receipt Fee Postma ZI (Endorsement Required) JAN -5 2u 1 r m Restricted Delivery Fee rD :3 (Endorsement Required) n Total Postage&Fees is Rs 7 rSent To -th_Thompson-------------------------- - Street, -----------142 Berry Street - � or PO Boz No. - PS Form Ciry :0r 00. Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal,%ervice for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Maile or Priority Mail®. ■ Certified Mail is not available for any class of international mail. -. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee{or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail. receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry.,l PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 ek S-ENDER: COMPLETE THIS SECTION • o a • ■ Complete Items 1,2,and 3.Also complete A. Signature item;4 if Restricted Delivery is desired. �— ❑Agent ■ Print your name and address on the reverX se 0 Addressee so that we can return the card to you. P.Peceived by(Printed me) C. Date of Delivery III Attach this card to the back of the mailpiece, �[Y� �'/ e` , _t* or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Keith Thompson 142 Berry Street North Andover, MA 01845 3. Service Type E3 Certified Mail® 0 Priority Mail Express- 11 Registered 13 Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (transfer from service Label} 'n14 b150 00111 4 818 4453 :IS Form 3811,July 2013 Domestic Return Receipt UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 Sender: Please print your name, address, and ZIP+40 in this box• Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01845 ili:3}31114 ibiq,gj111{!`I}11)sl1i i);11))!; =t`{lil[�li'1�l' U.S. Postal ServiceTM CERTIFIED MAILT. RECEIPT v (Domestic MaH Only;Npjnsuragce Coverage Provided) For delivery Information visit our website at www.usps.come :3 Postage $ v� Certified Fee Post =1 Return Receipt Fee �MRFylgre(p =1 (Endorsement Required) /,�LU�U 't 7 Restricted Delivery Fee Cp (Endorsement Required) A ::3 Total Total Postage&Fees. � u Sent To John Webber ------ -- -------- ------- or PO a.' �J "compass P'5 -Road- ` or PO Box No. - City State,ziP+4 -North-Ando-ver,-IM-A-00-945------------ 3800,August 2006 See Reverse for In tructions Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpibce �• ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3600,August 2006(Reverse)PSN 7530-02-000-9047 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY I Complete items 1,2, and 3.Also complete Ai nature item 4 if Restricted Delivery is desired. 19,Agent I Print your name and address on the,.1r9) Addressee so that we can return the card toy �B Recf ived by(P'n Name) C.Pat �f Delivery I Attach this card to the back of th I or on the front if space permits. ow Is delivery address d4drenUro item ? Yes Article Addressed to: if YES,enter deli address, ow: 0 No dw John Webber 4 �/t4414 94 Compass Point Road North Andover, MA 01845 Xnegistered iceType';� _ ertified Mail �❑eExpress Mail O Return Receipt,for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes !. Article Number4Z4 - f : • j�l I: (Transfer from serv/ce label) ?012 101 01 1051 1432? 1 1S Form 3811. February 2004 Domestic Return Receipt 102595-o2-M-154( UNITED 8TATES.,?3 p1L;.$ERVICE First-Class Mail """``"' Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01845 F1il14!!!Il�i�4,il�i�i1114_}i!la�lt�411.}iF3�tsl Fl;l i�iF�3t1�i.11jSg .o CERTIFIED o RECEIPT clD Domestic Mail Only Ir m •• ru ru Postage $ OO��R .M,g Oji Certified Fee C3 (C' Postmark C3 Return Receipt Fee g �g M (Endorsement Required) �, �v cp p Restricted Delivery Fee C3 (Endorsement Required) �y ru r-1 Total Postage&Fees . 79 ru Sent To Eric - r,'13 SortreaPO BtBAox pLNo.No., 98 Compass Point Road - cry sial®,_Yr ---`---1Vort�i-Aridover, MA 01845 Certified Mail service provides the following benefits: ■A certified Mail receipt(this portion of the mailpiece;include applicable postage to Certified Mail label). cover the return receipt service fee;and ■A unique identifier for your mailpiece. endorse the mailpiece"Return Receipt ■Electronic verification of delivery pr attempted Requested;'or see a retail associate for delivery. assistance.For an electronic return receipt,'. ■A record of delivery(including the recipient's see a retail associate for assistance.To signature)that is retained by the Postal receive a duplicate return receipt,present` Service®for a specified period. this USPS®-postmarked Certified Mail receipt to the retail associate,who will Important Reminders: provide a duplicate return receipt for no ■You may purchase Certified Mail service with additional fee. "1 1 First-Class Mail®,First-Class Package Restricted delivery service,which provides Service ,or Priority Mail service. delivery to the addressee specified by name, I •Certified Mail service is not available for or to the addressee's authorized agent. International mail. Include applicable postage to cover the ■Insurance coverage is notavailable for restricted delivery fee and endorse the purchase with Certified Mail service.However, mailpiece"Restricted Delivery;'or see a the purchase of Certified Mail service does not retail associate for assistance. change the insurance coverage automatically ■To ensure that your Certified Mail receipt is included with certain Priority Mail items. accepted as legal proof of mailing,it should ■For an additional fee,you may request the bear a USPS postmark.If you would like a following services: postmark on this Certified Mail receipt,please-i -Return receipt service,which provides you present your Certified Mail item at a Post with a record of delivery(including the Office-for postmarking.If you don't need a recipient's signature).You can request a postmark on this Certified Mail receipt,detach hardcopy return receipt or an electronic the barcoded portion of this label,affix it to the; version.For a hardcopy return receipt, mailpiece,apply appropriate postage,and complete PS Form 3811,Domestic Return deposit the mailpiece. Receipt attach PS Form 3811 to your IMPORTANT:Save this receipt for your retards. Ps Form 3800,July 2014(Reverse)PSN 7530-02.000-9047 dl ■ Complete items 1,2, and 3.Also complete A. Sig t item 4 if Restricted Delivery is desired. ent ■ Print your name and address on the reverse X dressee so that we can return the card to you. �8 B ji d 'Printed C. ate eliv ■ Attach this card to the back of the cP or on the front if space permits, �I, G D, Is.delivery address different from item ? Yes I. Article Addressed to: b � If YES,enter delivery address below: ❑No <!rl 6, Eric Hilman d�+;, 98 Compass Point Road Qt7 Nd QL S rvice Type North Andover, MA 01845 Certified Mail ❑Express Mali ❑ egistered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes Article Number h� 7214 2120 0000 822:8 7398 (Transfer from service label) IS Form 3811, February 2004 Domestic Return Receipt _ 102595-02-M-1540 it UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender Please print your name, address, and ZIP+4 in this box • Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01845 1-d'1111I,3� U.S. Postal Service-r. CERTIFIED MAI�,T. RECEIPT r (Domestic Mail Only;No lWsurancecoverage Provided)� n For delivery Information visit our website at www.usps.come r �.. U S n Postage $ Certified Fee D.N U 0 w Postm Return Receipt Fee Here j (Endorsement Required) c/q�` O Restricted Delivery Fee �P S` =1 (Endorsement Required) A a MI6 c„ 7Total Postage&Fees $ a U Sent To Terrance Landers Street,Apt.No.; --------------- ----------------------------- or PO Box No. 129 Berry Street Ciry State:zrP+a'___Noi tli Andover;n ---------------- PS Form :00 August 2006 See Reverse for Instructions Certified Mail Provides: ■ A mailing receipt ti ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Maile or Priority Maile. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received y(Printed Name) C. Dixte ofoDelivery 0 Attach this card to the back of the mailpiece, or on the front if space permits, /(O D, Is delivery address different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No r I Terrance Landers 129 Berry Street North Andover, MA 01845 s. service Type Certified Mail 1:1 Express Mail ❑Registered ❑Return Receipt.for'Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2: Article Number , , r`; ;ly.`1"�`- Tt T t - (Transfer from service label) 7 012 1010 0001 10 51 4594 'S Form 3811, February 2004 c Domestic Return Receipt ��� 102595-02-M-1540 i UNITED STATES;' 3-T1K,9_9RVICEI First-Class Mail 1 Postage&Fees t ''a USPS „~ " Tai ' ,6, Permit No. G-10 , 5 - • Sender: Please print your name, address, and'Z1P+4 in this box • Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01845 I�3FiftllllI1111diii'dlll.11 jl�l.t l'� �IrllIFlll l 1 'I I111 . Postal CERTIFIED oRECEIPT fU Domestic Mail Only For delivery information,visit our website at www.usps.comO. 1�- cp OFFICIAL ru r Postage $ a149 x co Certified Fee Q Return Receipt Fee JAN -P&He() _ C3 (Endorsement Required) UX re QO Restricted Delivery Fee = (EndorsementRequlred) M rq Total Postage&Fees rU Sent To X ___ ___ - Nancy Houghton Street&ApL No,.-----*----------- -----=-�-----'�-•-----'-•--'--'---'--:..`-"--, � 24 West Bradstreet Road ti or PO Box No. - aty,Stale.ZlP+4 - -Ndith ffd0V- 1G Mf7 Grg 5 PS Form :.0 Certified Mail service provides the following benefits: •A Certified Mail receipt(this portion of the mailpiece;include applicable postage to Certified Mail label), cover the return receipt service fee;and •A unique identifier for your mailpiec@. endorse the mailpiece"Return Receipt •Electronic verification of delivery or attempted ' Requested,"or see a retail associate for , delivery. assistance.For an electronic return receipt,_ •A record of delivery(Including the recipient's see a retail associate for assistance.To signature)that is retained by the Postal receive a duplicate return receipt,present Service®for a specified period. this USPS®-postmarked Certified Mail receipt to the retail associate,who will Important Reminders: provide a duplicate return receipt for no ■You may purchase Certified Mail service with additional fee. 'i First-Class Melia,First-Class Package -Restricted delivery service,which provides ServiceO,or Priority Maii service. delivery to the addressee specified by name, ■Certified Mail service is notavailable for or to the addressee's authorized agent. international mail. Include applicable postage to cover the t`J •Insurance coverage is notavailable for restricted delivery fee and endorse the purchase with Certified Mail service.However, mailpiece"Restricted Delivery,"or see a " the purchase of Certified Mail service does not retail associate for assistance. change the insurance coverage automatically ■To ensure that your Certified Mail receipt is included with certain Priority Mail items. accepted as legal proof of mailing,it should ■For an additional fee,you may request the bear a USPS postmark.If you would like a f following services: postmark on this Certified Mail receipt,please Return receipt service,which provides you present your Certified Mail item at a Post with a record of delivery(including the Office-for postmarking.If you don't need a recipient's signature).You can request a postmark on this Certified Mail receipt,detach, hardcopy return receipt or an electronic the barcoded portion of this label,affix it to thea version.For a hardcopy return receipt, mailpiece,apply appropriate postage,and , complete PS Form 3811,Domestic Return deposit the mailpiece. Receipt attach PS Form 3811 to your IMPm1TANr Save this receipt for your records. PS Form 3800,July 2014(Reve+se)PSN 7530-0&000.9047 �nern,-R-riesmctea veiivery-is aeslrea. � 07' ■ Pript your name.and address on the reverse X ( ❑Addresse so that we can return the card to you. deceived by(Printed Name atliven ■ Attach this card to the back of the mailpiece, or.on the front if space permits. D. Is.delivery address different from iters 1? 0 Yes 1. Article Addressed to: If YES,enter delivery,address below: ❑ No Nancy Houghton 24 West Bradstreet Road 3: ,Servide Type North Andover, MA 01845 0 certified Mail ❑ Express Mail ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O,D. 4. Restricted Delivery?(Extra Fee) []Yes 2-,Article Number_ [ ansfer 7 014 0150 0001 4 818 4491 fifrom service labs!) I)s Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1541 UNITED STATES POSTAL SERVICE First-Class Mail Postage&'Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in.this box • Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Mia 01845 Postal CERTIFIED o RECEIPT Domestic Mail Only C3 = For delivery information,visit our website at wwwwspsxoW.N ru ruPostage $ n Q �'� Certified Fee ! cA3 D 4 Pos Tr p ReturnmRecelPt Fee 0 M (Endorsement Required) 42 .9 I-s �� O 0 Restricted Delivery.Fee Cb 0 (Endorsement Required) ti � 5! ra Total Postage&Fees � ru Sent To Matthew Guidi O P or Box No.. 92 Compass Point Road or PO PS Form 3300,July 2014 See Reverse for Instructions �` cns sia�B-ziP�-------North Andover,7v7A-(�1-���---•�-•--'- Certified Mail service provides the following benefits: ■A Certified Mail receipt(this portion of the mailpiece;include applicable postage to Certified Mail label). cover the return receipt service fee;and ■A unique identifier for your mailpiece. endorse the mailpiece"Return Receipt rt. ■Electronic verification of delivery or attempted Requested,"or see a retail associate for delivery. assistance.For an electronic return receipt, in A record of delivery(including the recipient's see a retail associate for assistance.To signature)that is retained by the Postal receive a duplicate return receipt,present Service®for a specified period. this USPS®-postmarked Certified Mail Important Reminders: receipt to the retail associate,who will 1 provide a duplicate return receipt for no ■You may purchase Certified Mail service with additional fee. First-Class Mail®,First-Class Package -Restricted delivery service,which provides ' Service ,or Priority MailO service. delivery to the addressee specified by name, ■Certified Mail service is notavailable for or to the addressee's authorized agent. 7 international mail. Include applicable postage to cover the •Insurance coverage is not available for restricted delivery fee and endorse the purchase with Certified Mail service.However, mailpiece"Restricted Delivery,"or see a the purchase of Certified Mail service does not retail associate for assistance. change the insurance coverage automatically ■To ensure that your Certified Mail receipt is '- included with certain Priority Mail items. accepted as legal proof of mailing,it should i_T ■ For an additional fee,you may request the bear a USPS postmark.If you would like a i- following services: postmark on this Certified Mail receipt,please -Return receipt service,which provides you present your Certified Mail item at a Post with a record of delivery(including the Office""for postmarking.If you don't need a recipient's signature).You can request a postmark on this Certified Mail receipt,detach, hardcopy return receipt or an electronic the barcoded portion of this label,affix itto the version.For a hardcopy return receipt, mailpiece,apply appropriate postage,and complete PS Form 3811,Domestic Return deposit the mailplece. Receipt attach PS Form 3811 to your IMPORTANT.Save this receipt for your records. Ps Form 3800,July 2014(Reverse)PSN 7530-02.000-9047 Town of North Andover a„ neopostlf Zoning Board of Appeals 01/0512016 1600 Osgood Street-Suite 20Y 'u $06.792 North Andover, Ma 01 R45 III 11111111111111111. 7014 2120 0000 8228 7404 ZIP 01845 041L10235393 • 9' �xr oint WM ,v raaXi -0i5.. .::5E -3,a. .0rtt02",:Lfi.6 11t!. 2 RETURN TO SENDER �3°1 UNCLAIMED gf{ :'[s .`tYA-� ��� i�al�ld�(�iz,11R�1'4i�19e�e1�e1�d9;`s'�E91'4c1�11��.�1ae���a�18e1�1R?� 3N11 U3�00 SENDER:COMPLETE THIS SECTION COMPLETE THIS ON ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee Date of Delivery so that we can return the card to you. B...Received by(Printed Name) C. I ■Attach this card to the back of the mailpiece, or on the front if space permits. DfJs delivery address different from item i? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: 11 No I = I MattYuVv Guidi 92 Compass Point Road North Andover,MA 01845 3. service Type ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. I - 4. Restricted Delivery?(Extra Fee) ❑Yes h 12.Article Number I -i. -. ,. _. (Transfer from service label) i 7014-.212 D _DDD 0 8228 7 4 D 4 t y I PS Form 3811.February 2004 Domestic Return Receipt 102595.02-M-1540;I Town of North Andover ZONING BOARD OF APPEALS pORT/r Albert P.Mann III,Esq.Chairman Ellen P.McIntyre,Yrcr-Cbairman A.rsociattMemlxss Richard J.Byers,Esq.Clerk y p Michael P.Liporto D.Paul Koch Jr.,Esq. « Z * Doug Ludgin Allan Cusaa "mss„°o Deney Morganthal �SSACHUSEZoning Enforrement Officer Gerald A.Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday, January 12, 2016, at 7:30 PM to all parties interested in the petition of Shannon Law Associates on behalf of National Refrigeration, Inc., for property located at 16 Berry Street (Map 106.1), Parcels 0032). North Andover,MA 01845 in the R-3 Zoning District. The Petitioner is requesting a Finding(s) to appeal the determination made by Mr. Brown and the reasonableness of the plumbing permit fees assesses by the Building Department to compensate the Town of North Andover for its anticipated regulatory expense. Pursuant to Mass. Gen. L. C. 40, § 22F & Mass. Gen. L. c. 143 § 100. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: Date of first publication Date of second publication {00084696;v 1} Postal o (vomestic mail only,No insurance Coverage Provided) U • A/ nI&acQ� :3 Postage $ a a � Certified Fee . �Ye' CO �/ Return Receipt Fee j (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage&Fees $ a ::4i L11 Sent To Denise Gullotto a - - -HfR60--ad-------------------- � street,Apt.No.; fis-Compass T'o or PO Box No. _tet,. - city staie:Z/P+4 ---Nmt -AndoYeT;MA-- ' PS Form :ir August 2006 See Reverse for Instructions Certified Mail ProvLdes: =; ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders. ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO,INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece,"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7630-02-000-9047 neopostm W< 01105/2016 0 Town of North And - o $06.79- Zoning Board of Al I ill ill 11 1111 1600 Osgood Stree' IZIP 01845 North Andover,Ma 7012 10111 0001 1051 4280 041L10235393 Deni . 6C JS�tiFo oad ndov r, °A 01$45 j RETURN TO SENDER -i U N C°L.Al ME 0 .y NSLE TO FORWARD y- BC 01845184:599 `1421-2395'1-0'5—:3S s 1 .er�l�,���3111j ilf�`1`9111A°a°c!°1�1�1�'1,°"1�11i1"ai�a111h c-4 �' n .� q SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature ' item 4 if Restricted Delivery is desired. X ❑Agent -- ■ Print your name and address on the reverse Addressee so that we can return the card to you. B.Received by(Panted Name) C.Date of Delivery Iii Attach this card to the back of the mailpiece, or on the front if space permits. • D.Is delivery address different from item 17 ❑Yes i 1,',Article Addressed to: If YES,enter delivery address below: ❑No Denise Gullotto 76 Compass Point Road North Andover,IIIA 01845 3. Service Type ❑Certified Mail O Express Mail 1 ❑Registered ❑Return Receipt for Merchandise Insured Mail ❑C.O.D. f I i Restricted Delivery? y ) -- ❑Yes 2. Article Number 28o 1010 13001 i II ; f d (transfer from service fabeO {t { PSForm 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Town of North Andover ZONING BOARD OF APPEALS NORTy Albert P.Manzi III,Esq.Chairman oett�.o .e 9 yo Ellen P.McIntyre,Vice-Cbeirmair of AstoiiateRlemGers Richard J.Byers,Esq.Clerk A Michael P_Liporto s 00 D.Paul Koch Jr.,Esq. f ; Doug Ludgin Allan Cuscia " `e•a---�-„� * Deney Morganthal ACHU5 S� Zong Errforremeat Officer Gerald A.Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover; MA on Tuesday, January 12, 2016, at 7:30 PM to all parties interested in the petition of Shannon Law Associates on behalf of National Refrigeration, Inc., for property located at 16 Berry Street (Map 106.D, Parcels 0032). North Andover,MA 01845 in the R-3 Zoning District. The Petitioner is requesting a Finding(s) to appeal the determination made by Mr. Brown and the reasonableness of the plumbing permit fees assesses by the Building Department to compensate the Town of North Andover for its anticipated regulatory expense. Pursuant to Mass. Gen. L. C. 40, § 22F &Mass. Gen. L. c. 143 § 100. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: Date of first publication Date of second publication {00084696;v 1} U.S. Postal Service-r. s r� (Domestic . Insurance Coverage Ln =I- For delivery information visit our website at www.usps.com's m � Postage $ Certified Fee rq Return Receipt Fee Here C3 (Endorsement Required) Restricted Delivery Fee p (Endorsement Required) JAN — 5 NIP ul rq Total Postage&Fees $ O = Sent To 'a A netts-I pr eia .................... O Street,Apt.No.; ----- - r` or PO Box No. 78 Compass Point Road city sraie,ziP+a. North Andover, MA 01845 i Certified Mail Provides: ■ A mailing receipt .- ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: v ■ Certified Mail may ONLY be combined with First-Class Maile or Priority Mail®. ■ Certified Mail is not available for any class of international mail. .2- NO NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof'of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. tJ IMPORTANT:Save this receipt and present it when making an inquiry. ` PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 I ov,,n of North Andover neopost-W Zoning Board of Appeals 01105/2016 1600 Osgood Street-Suite 2035 'a $06.792 North AiWover, Ma 01845 ZIP 01845_ 7014 0150 0001 4818 4514 ,• 041L10235 93 xFru A P. c a "nt Road bis 5E j. 0:2 0:—L 3_6 RC 1 URN TO SE NAVE F UNCLAIMED UNABLE TO FORWARD ci� 1111!ll1l1llli#idill y, I l31,41( 1:9i1'i3 1111@MiII h - i X - L—j gent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C.Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits, D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to If YES,enter delivery address below: ❑No Annette Imprescia 78 Compass Point Road 3. Service Type I North Andover,MA 01845 ❑Certified Mail® ❑Priority Mail Express' Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery - 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number, (Transfer from seNlce label) ?[114 015 0 0 0 01 4 818 4 514 r PS Form 381 f,July 2013 Domestic Return Receipt Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.Cbainnan o`�p%oerN lien P.McIntyre,Vice-Chairman 3? 'i''- °< Associale A2emhers Richard J.Byers,l;sq.Clerk A Michael P.Liporto D.Paul Koch Jr.,Esq. ; - Doug Ludgin Allan Cuscia +,;w^.o..�,^'y• Deney Morganthal �SSACHUSE� Zoning Enforcement Officer Gerald A.Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday, January 12, 2016, at 7:30 PM to all parties interested in the petition of Shannon Law Associates on behalf of National Refrigeration, Inc., for property located at 16 Berry Street (Map 106.1), Parcels 0032). North Andover,MA 01845 in the R-3 Zoning District. The Petitioner is requesting a Finding(s) to appeal the determination made by Mr. Brown and the reasonableness of the plumbing permit fees assesses by the Building Department to compensate the Town of North Andover for its anticipated regulatory expense. Pursuant to Mass. Gen. L. C. 40, § 22F &Mass. Gen. L. c. 143 § 100. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: Date of first publication Date of second publication {00084696;v1} Postal Service'" CERTIFIED o r Domestic Mail Only r? ru For delivery in—formation,visit our website at www.usps.come. M .-D Certified Mill Feq� vov ER M $ 0! / fU Extra Services&Fees(check box,add ❑Return Receipt(hardcopy) $ CP Q ❑Return Receipt(electronic) $ f-- /q p�pos�ark ,p C3 ❑Certified Mail Restricted Delivery $ t� N'H�r. E]Adult Signature Required $ o ❑Adult Signature Restricted Delivery$ Z r- Postage ri $ <- USPS U7 Total Posta a and F -- - �79 L'1 Sent To 111 ers rD 0 Street -Dir 1ve.'""""""' - ----North-A4idouer,.MA-01$_45--------------------- City,State,ZIP+4a- PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Certified Mail service provides the following benefits: ■A receipt(this portion of the Certified Mail labeq. for an electronic return receipt,see a retail ■A unique identifier for your mailpiece. associate for assistance.To receive a duplicate ■Electronic verification of delivery or attemptedrCtum receiptfor no additional fee,present this delivery. USPS®-postmarked Certified Mail receipt to the, ■A record of delivery(Including the recipient's retail associate. signature)that is retained by the Postal Service"' Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent Important Reminders Adult signature service,which requires the ■You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mail®,First-Class Package Service®, available at retaiq. or Priority Mail®service. -Adult signature restricted delivery service,which ■Certified Mail service is notavailable for requires the signee to be at least 21 years of age.. international mail. and provides delivery to the addressee specified ■Insurance coverage is notavailable for purchase by name,or to the addressee's authorized agent with Certified Mag service.However,the purchase (not available at retail). of Certified Mail service does not change the ■To ensure that your Certified Mail receipt is Insurance coverage automatically Included with accepted as legal proof of mailing,it should bear a, certain Priority Mail items. USPS postmark.If you would like a postmark on ■For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office'for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion., of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply _ You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Rehm Receipt;attach PS Form 3811 to your mailpiece; IMPORfAUR Save this receipt for your records. Ps Forth 3800,April 2015(Reverse)PSN 7530-02-000-9047 CERTIFIED MA 11 neopost'W 01/05/2016 Town of North Andover o ��6.79� Zoning Board of Appeals 1600 Osgood Street-Suite 2035 ?' ZIP 01845 7015 1520 D0D1 2363 4127 North Andover, Ma 01845 _ _ _ , , _ _ _ _ _ 041L102353.93 r A. C. Builders 60 Beechwood Drive North Andover,MA 01845 ANK :141Xiz 0.15 75.E 3 €e'sI16/---6 �1 RE7itRN TO SENDER ti=p -_ _ I U 4 ka$L'i TG FORWARD 9a CC_ 0f184S164"8a9 *1421-0294Bs-e5-38 ,4 E- 0,23 DI 01845 X10.4-8 r111f4'111111,111u11111�4111,111.�d ,11141 3NII 031100 SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON OELI!ER�Y� 1 0 Complete items 1,2,and 3. A. Signature 1 ■ Print your name and address on the reverse x ❑Ads I so that we can return the card to you. i ■ Attach this card to the back of the mailpiece, B.Received by(Printed Name) C.Date of D` I or on the front if space permits. \ ' 1. Article Addressed to: D.Is delivery address different from Item 1? E3 Yes �• �y If.YES,enter delivery address below: ❑No A.C.Builders. 60 Beechwood Drive i North Andover,MA 01845 I � I i I l I'll 111 I'I l I'I l I'I I I I II II I I II I II I II'I I I I III O0 Adult Adult Signature Restricted Delivery ❑Registered Mailet ted 9590 9403 0923'5223 1803 92 o Certified Mail®Certified Certilied Mail Restricted Delivery ❑ etum Receipt for 0 ColleGt on Delivery I t " - --I_.2__Article:Numher?ransf.r irnm ep,vien lnhell — .- O Collect on Delivery Restricted Delivery ❑Signature Merchandise ed Mail ❑Signature Confirmation 7015 152❑ 'b001'' 236 3 412 7 ;'ed Mail Restr cted Delivery Restricted Delivery $500) PS Form 3811,July 2015 PSN 7530-02-ODD-9053 Domestic Return Receipt Town of North Andover ZONING BOARD OF APPEALS pORTH Albert P.Manzi 111,Esq.Chdrmano Wit.... ..- Ellen P.McIntyre,1,iaLbnirman of AssaaateMembers Richard).Byers,Esq.Clerk s v Michael P.Liporto D.Paul Koch Jr.,Esq. K = a ; Doug Ludgin Allan Cuscia _•� =- ' ' Deney Morganthal �SSweHuSE� Zoning Enfomement Offuer Gerald A.Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday, January 12, 2016, at 7:30 PM to all parties interested in the petition of Shannon Law Associates on behalf of National Refrigeration, Inc., for property located at 16 Berry Street (Map 106.D, Parcels 0032). North Andover, MA 01845 in the R-3 Zoning District. The Petitioner is requesting a Finding(s) to appeal the determination made by Mr. Brown and the reasonableness of the plumbing permit fees assesses by the Building Department to compensate the Town of North Andover for its anticipated regulatory expense. Pursuant to Mass. Gen. L. C. 40, § 22F &Mass. Gen. L. c. 143 § 100. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: Date of first publication ' Date of second publication {00084696;vll Postal Only;CERTIFIED MAICTAREdEIPT (Domestic Mail For delivery information visit our website at www.usps.come r ' r OFFICIAL 0 Postage $ rH (, a Certified Fee 3 �C Z 0 Postrr(ark a C(t Fl& Return Receipt Fee rT j (Endorsement Required) Restricted Delivery Fee ` o� n (Endorsement Required) c46,66-5t,g�0 I Total Postage&Fees 7 2- Sent To 3sir"eeF-Awe 43'N&-th'Aiidowr'I4oldings;-L--LC------------------ or PO City State,Z 4 -St4:e-eA-------------------------------------------------- North Andover, MA Ol 845 Certified Mail Provideg�_. ._X-' ■ A mailing receipt -41 ■ Aunique identifier for your mailpiece I ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. ; IMPORTANT:Save this receipt and present it when making.an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 Town of North-Andover ` neoposGm Zoning Board of Appeals 01/05/2016 06.79° 1600 Osgood Street-Suite 2035 North Andover,Ma 01845 1 ZIP 01845 7014 0150 0001 4818 4 7 041L10235393 i 33 North A over Holdings,LLC 1.6 Berry reet North dover,MA_01 R45 - I WIXYE 015 SE 1 � t31/1 j'1F 1 i R'ETSJ'Pthi 'rL SeWbER - _•. ILC: 428fia'S304L93 *' 521.-5�1��?-t35-3`3 �� IrsXT 'I tIIIIf4lIIII lit III II!I1 IIIIli tit!11.sl it l Ilim1x.111 v: .r i ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent X ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C.Date of Delivery ■Attach this card to the back of the mailpiece, or on the front if space permits. DIs delivery address different from item 1? 0 Yes D. i 1. Article Addressed to: If YES,enter delivery address below: O No i c 33 North Andover Holdings,LLC + i .1,6 e�Street 3. Service Type .i North-Andover,MA 01845 ❑Certified Man 0 Express Mail ❑Registered ❑Return Receipt for Merchandise - 11Insured Mail -1 C.O.D. i �- - 4. Restricted Delivery?(Extra Fee) •.•,�. El yes 2:Article Numbep �.� (Transfer,from service laBel) f 7 14 015 0 0001 4 818 4477 'I i PS Form 5811.February 2004 Domestic Return Receipt P 102595-02-M-1540 f Town of North Andover ZONING BOARD OF APPEALS V►ORTF{ Albert P.Manzi I11,Esq.Cbairrnan Ellen P.McIntyre,Vice-Clmirman 3r " oe AssoeiateMembers Richard J.Byers,E,sq. Clerk A Michael P.Liporto D.Paul Koch Jr.,Esq. * Doug Ludgin Allan Cuscia Deney Morganthal ACHU5Ett2 Zoning Enforcement Oficer Gerald A.Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday, January 12, 2016, at 7:30 PM to all parties interested in the petition of Shannon Law Associates on behalf of National Refrigeration, Inc., for property located at 16 Berry Street (Map 106.1), Parcels 0032). North Andover,MA 01845 in the R-3 Zoning District. The Petitioner is requesting a Finding(s) to appeal the determination made by Mr. Brown and the reasonableness of the plumbing permit fees assesses by the Building Department to compensate the Town of North Andover for its anticipated regulatory expense. Pursuant to Mass. Gen. L. C. 40, § 22F &Mass. Gen. L. c. 143 § 100. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: Date of first publication Date of second publication (00084696;v1) Postal CERTIFIED IVIA�L. RECEIPT (Domestic Mail Only,No Insurance Coverage Provided)n n n r - a A L ti . n Postage $ t ANOU Certified Fee O O. ,sostmark fip Return Receipt Fee here j (Endorsement Required) f Restricted Delivery Fee (P (Endorsement Required) 4z) 7 Total Postage&Fees j 9666+� 9 U Sent To .Qing He.,. - - ------------------------------ =------ - ' street apt.". 1845 Turnpike Street or PO Box No. Ciry Siate,-ziP+4ort Andover;NIA-01.845 - PS Form :00 August 2006 See Reverse for Instructions Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additionat fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02.000-9047 - CERTIFIED MAIL. ai:' Wj ' F+ neopost-W Town of North Ai P.1 3:L 01/05/2016 -a $06.79° Zoning Board of;Ott, 1600 OsgoodStNJ;P. r _� North Andover. Ma.O _ti2 1010 00011051 4655 i ZIP 01845 0411_10235393 Qing He — - - — - - 1845 Turnpike S eet i•3�T p11345.�#0:6 -�N U /25/ 6 North Andove , MA 018, RETVRN 'TES SENDUR No MAID WEBTACLE UNABLE T4 FORWARD yµ RX URN TO SENDER .v'� _ iz *PII��EI�I�l��i111�1���IL�IisPi�(�i�fi�HI��fMQ„fl{�RIII�IAIIJ�I11��1U 01 3d013ANa 40 dol 1v U�OUS ROV-1d JSENDER:comPLETE THIS SECTION f ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ElAgent ■ Print your name and address on the reverse ❑Addressee so that We can return the Card t0 you. B.Received by(Printed Name) C.Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D.Is delivery address different from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Qing He 1845 Turnpike Street I h 3. Service Type North Andover,MA 01845 ❑certified Mail p express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number I (Transfer from service labeq 7 012 1010 0001 10 51 4655 ._I PS Form 3811,February 2004 Domestic Return Receipt iu2595•02-M-1540 j Town of North Andover ZONING BOARD OF APPEALS tAORTit Albert P.Manzi III,Esq.Chairman oft«moo ,�1tio Ellen P.McIntyre,Via-Cbaonnaa Arsoarate Mewlyn Richard J.Byers,Esq.Clerk s A Michael P.Liporto D.Paul Koch Jr.,Esq. * i « ; Doug Ludgin Allan Cuscia Deney Morganthal ass^eHUSEt Zoaiag Eafo--va Off— Gerald A.Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday, January 12, 2016, at 7:30 PM to all parties interested in the petition of Shannon Law Associates on behalf of National Refrigeration, Inc., for property located at 16 Berry Street (Map 106.13, Parcels 0032). North Andover,MA 01845 in the R-3 Zoning District. The Petitioner is requesting a Finding(s) to appeal the determination made by Mr. Brown and the reasonableness of the plumbing permit fees assesses by the Building Department to compensate the Town of North Andover for its anticipated regulatory expense. Pursuant to Mass. Gen. L. C. 40, § 22F &Mass. Gen. L. c. 143 § 100. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: Date of first publication Date of second publication {00084696;v1} Town of North Andover 16 neoposvwoning Board of Appeals r 1600 Osgood Street-Suite 2035 01!05/0® $06.79 5 2016 North Andover,Ma 0 8 a 70.14_ 2120 Ua00 8228 7428 ZIP 01845 -041L10235393 " 10 'Mcf t Roaf ;- 0 i X3 r 015 DE 1 RC TURN 70 SENDER 1 U NCL AxME'D 3 iii%'r&i.6i_.= TO FORWARD � I' 8C: 318451.04,B99 '166970-2482-0-1-35 4 e SENDER:COMPLETE THIS SECTION COMPLETE rHIS SECTION ON DELIVERY t ■ Complete items 1,2,and 3.Also complete A.Signature -- J item 4 if Restricted Delivery is desired. El ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. ■Attach this card to the back of the mailpiece, B Received by(Printed Name) C.Date of Delivery or on the front if space permits. V 1.Article Addressed to- D.Is delivery address different from Item 17 ❑Yes If YES,enter delivery address below: ❑No 1?b i7 Ae ice Type !• r(n�'q�91 t� rtifiedMailo ❑Priority Mail Express- ' 7�� egistered ❑Return Receipt for Merchandise .r JJJ l/ IIIJJ I IIYY ❑Insured Mail ❑Collect on Delivery 7 - - 4. Restricted Delivery?(Extra Fee) ❑Yes i ' 2. Article Number Wlq1 doo0 +�• i -• (Transfer from serwce la6eq ✓-D f PS Form 3811,July 2013 Domestic Return Receipt Town of North Andover ZONING BOARD OF APPEALS NORTry Albert P.Manzi III,Esq.Chairman Ellen P.McIntyre, Vict Cfiainnan '° °� Associate Members Richard J.Byers,Esq.Clerk F y ~ - p Michael P.Uporto D.Paul Koch Jr.,Esq. Doug Ludgin Allan Cuscia * '4•« - • '� r Deney Morganthal ACNuSEt Zoning Enforcement Officer Gerald A.Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday, January 12, 2016, at 7:30 PM to all parties interested in the petition of Shannon Law Associates on behalf of National Refrigeration, Inc., for property located at 16 Berry Street (Map 106.1), Parcels 0032). North Andover,MA 01845 in the R-3 Zoning District. The Petitioner is requesting a Finding(s) to appeal the determination made by Mr. Brown and the reasonableness of the plumbing permit fees assesses by the Building Department to compensate the Town of North Andover for its anticipated regulatory expense. Pursuant to Mass. Gen. L. C. 40, § 22F &Mass. Gen. L. c. 143 § 100. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: Date of first publication Date of second publication {00084696;vI I Postal (Domestic Mail Only;No Insurance Coverage Provided) J3 -For—delivery Information visit our website at www.usps.come � Postage $ o Certified Fee Postma p 7 Return Receipt Fee 7 (Endorsement Required) yf Here J� qp • A Restricted Delivery Fee 6 Cry (Endorsement Required) a �S g�6 7 Total Postage&Fees $ - - a U Sent To Spar& Spindle Girl Scout � 5°rApt-N. P. 1 ---------- or PPO O Box No. 1 0• BOX 10 1 City,State,ZlP+4 """""""""'""" PS Form 3800,August rr. See Reverse for Instructions Certified Mail Provide ..� ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mailo. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested"_To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 ZENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY . Complete items 1,2, and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Deliver) ■ Attach this card to the.back of the mailpiece, or on the front if space permits. I. Article Addressed to: - D. Is,delivery address different from item 1? 0yes If YES,enter delivery address below: ❑No Spar & Spindle Girl Scout P. 0. Box 1010 3. Service Type Middleton, MA 01949 p certified Mail ❑Express mail O Registered ❑Return Receipt for Merchandise ❑Insured.Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee), ❑Yes 2 Article Number _ r*- L}6 D D (Transfer from service.label) 70 12 1010 D DDD 1 „1051 - _ :IS Form 3811, February 2004`- Domestio.Return.Receipt 102595-02-M-154 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender:Please print your name, address, and ZIP+4 In this box • Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 203 North Andover, Ma 01844 i CERTIFIED neopost� D 1/0512016 Zoning Board of App .:Town of North Andoi11311: 1 o $06.79° 1600 Osgood Street-S t: - \ ''�' ZIP 09$45 North Andover: iV{a Old 5'�+ �012_1010 0001 1051 4600 0491-10235393 I Spar& Spindle Girl Scout P. O.Box 1010 Middleton,MA 01949 Y NI X2 E,, @15-4'6 0 2a16 ... RETURN TO SENDER 116.aiL= TO FORWARD SORT IN MAN'UAL OWLY 'W-0 AUTOMATION 815' �3997 �ldlt,{ti f��l if illi�l ii�Flk�1771 511.1� �11 �d� l� � �' � t ii��11 I•� � tt 1 � , e Town of North Andover ZONING BOARD OF APPEALS �10RTH Albert P.Manzi III,Esq.Cbainaan o�tt.ec ,aANo Ellen P.McIntyre,Via-Cbainnan 3? �6'� �'' oe AssadateAlewlws Richard J.Byers,Esq.Clerk A Michael P.Uporto D.Paul Koch Jr.,Esq. Doug hudgin Allan Cuscia * '<•^-- - ' Deney Morganthal 9SSACHUSE�II Zoiring Eafomemeat Officer Gerald A.Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday, January 12, 2016, at 7:30 PM to all parties interested in the petition of Shannon Law Associates on behalf of National Refrigeration, Inc., for property located at 16 Berry Street (Map 106.1), Parcels 0032). North Andover,MA 01845 in the R-3 Zoning District. The Petitioner is requesting a Finding(s) to appeal the determination made by Mr. Brown and the reasonableness of the plumbing permit fees assesses by the Building Department to compensate the Town of North Andover for its anticipated regulatory expense. Pursuant to Mass. Gen. L. C. 40, § 22F & Mass. Gen. L. c. 143 § 100. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: Date of first publication Date of second publication {00084696; 1} Town of North Andover &fr $ tr T0RJ N.1A i-Q.1 Zoning Board of Appeals 1600 Osgood Street-Suite 203 7: a 1" 1.1 1_ North Andover, Ma 01845 s �, u���s600eas i :LL n 02169 6� ,^ ?. �4'9�y3 A.C fl �� ,^F_:3 ti�.::..:i.:"..:i, l�lFlll l}�tt�J��ij!!fl'f��l�tlt�ltill}Illl�lj}t 11��F131t�71illl�i} f : f 'Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi Ill,Esquire,Chairman RZQ �jQ i Ellen P.McIntyre,Vice-Chair ,; i µoitTh �:�1;�;I CLEWS S 1 FF1CF. I D.Pani Koch Jr.,Esgyire Ot .o qjj Doug Ludgi Alan Cnscia o 2016 JAN 26 PM 4: 42 Associate Members Town Clerk Time Stamp Deney Morganthal a:: T 0ti! ! 0 I Nathan 1Veinreich5.o►T' �' �lcORIH ANI))OVER Alexandria A.Jacobs,Esquire �SS�eHoseSpvt TS An appeal shall.be filed within 20 Y PP � ) � days after the date of filing of this notice in the office of the Town Clerk, per Mass.Gen-L.ch.40A,§17 NATIONAL REFRIDGERATION INC. ) AGGREIVED PARTY V ) NORTH ANDOVER BUILDING INSPECTOR ) NOTICE OF DECISION_ PETITION 20157010 1. INTRODUCTION: The North Andover Zoning Board of Appeals held a public hearing at School Administration Building, at 566 Main Street,North Andover, MA on Tuesday,January 12,2016 at 7:30 PM on the application of Shannon Law Associates on behalf of National Refrigeration, Inc. for property located at 16 Berry Street(Map 106.1)Parcel 0032), North Andover, MA 01845. The Petitioner is requesting a Finding(s) to appeal the determination made by North Andover Building Inspector also known as the Zoning;Enforcement Officer and the reasonableness of the plumbing permit fees assesses by the Building Inspector to compensate the Town of North Andover for its anticipated regulatory expense. ' II. PROCEDURAL HISTORY: Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessor's Office,and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on 12/29/2015 and 01/05/2016. The application,filed two 2 separate requests for hearing. The fust informal application was dated on or about October 26, 2015 and was continued by the request of the applicant to the January 12,2016 Meeting.The 2' application was dated,and published as noted herein.'Both applications were heard concurrently at the January 12,2016 meeting. Town of North Andover ` ZONING BOARD OF APPEALS Albert P.Manzi III,Esquire,Chairman Ellen P.McIntyre,Vice-Chair pOH7N D.Paul Koch.lr.,Esquire Of en �ti i Doug Ludgin 3? �!`;�� ♦°'s OpL Allan Cu3cia - A Wr Associate Members � Dency Morganthal Nathan weinreich �' ^•*=a►'' (°' Alexandria A.Jacobs,Esquire �SsrCIRUSES III. BACKGROUND: 16 Beny Street(Map 106.D Parcel 0032),North Andover,MA. 01845 Petitioners,Shannon Law Associates on behalf of National Refrigeration,Inc. is requesting a Finding(s)to appeal the determination made by Mr.Brown and the reasonableness of the plumbing permit fees assessed by the Building Department. IV.EVIDENCE SUBMITED: The Board takes note of the oral arguments presented at the public hearing by Attorney Shannon and the documentary evidence thereto for consideration as listed herein and incorporated by reference herein and takes notice of Massachusetts General Law and applicable legal authorities thereto. The Building Inspector was not present at the meeting. Town,Manager Andrew Maylor was present at the hearing and requested to be-heard which was allowed by the Chairman. Mr. Maylor offered oral testimony suggesting that he did not believe the Zoning Board of Appeals was the proper venue for the petition and that the noted Board of Appeal as presented by Attorney Shannon was distinct from the North Andover Zoning Board of Appeals. Procedurally;the petition submitted by Attorney Shannon was filed with the Town outside of the noted thirty(30)day filing requirement. List of Documents Submitted: • Exhibit A—September 22,2015 Letter from Shannon Law Assoc. to Mr. Gerald Brown. • Exhibit B—September.23,2015 email from Mr.Brown to Shannon Law Assoc.,Town of North Andover Building Permit fees, Town ofNorth Andover Plumbing Permit Fees, North Andover Fee Calculation,Berry Street Project Plumbing Permit Fees September 17,2015,October 26,2015 Letter fiom Shannon Law Assoc.to Town of North Andover ZBA, • October 27,2015 letter from Shannon Law Assoc.to Board of Appeals included application to Commonwealth of MA.Department of Public Safety. • December 17,2015 Town of North Andover ZBA application and documentation for a Finding. • January 11,2016 email fiom Thomas Urbelis to Merylle Chase:Re;National Refrigeration. • Legal Notice Page 2 of 6 PETITION:2015-010 I i i L Town of North Andover ' ZONING BOARD OF"PEALS Albert P.Manzi 111,Esquire,Chairman Ellen P.Melutyre,\Ice-Chair D.Paul Koch Jr„Esquire pf Doug Ludgin r b'4p_ 4 hOO Allan Cuscia F p Associate Members # Peaty Morgaathal NathanVVelnreich Alexandria A.Jacobs,Esquire �SSwct+U Ii i • October 26,2015 Letter from Shannon Law—to Town of North Andover Zoning Board i of Appeals. • January 12,2016 Exhibit 1 submitted at ZBA meeting by Attorney Shannon regarding Permit Fee Calculation. • LexiSNexis—Annotated Laws of Massachusetts-Part I Administration of Government Title XX Public Safety and Good Order—Chapter 143 Inspection and Regulation of,and Licenses for,Buildings,Elevators and Cinematographs§100. State Building Code— Building Code Appeals Board. • LexisNexis—James M. Knott,Sr.vs.Town of Northbridge, State of Massachusetts, Appellate Division,Western District,2005 Mass.App Div. 135;.2005 Mass.App, Div LEXIS 46,November 02,2005;Decided. • November 16,2015,Letter from the Commonwealth of Massachusetts,Department of Public Safety,Board of Building Regulations and Standards to Francis Shannon,III,Esq. • Copy of National Refrigeration Check 41086 • Copy of Town of North Andover Plumbing Permit#11363 • Copy of Massachusetts Uniform Application for a Permit to Perform Plumbing Work. For Buildings 1,2,3,4&Club House,. • Abutter's list a December 15,2015 Letter of Authority for National Refrigeration Quitclaim Deed V. FINDINGS: On or about September 18,2015 National Refrigeration,Inc.("National")was informed that $58,107 was,the amount due for the plumbing permit fees for the project.at 16 Berry Street. On September 22,2015,the office of Attorney Francis A. Shannon III,on behalf of National,by way of a letter to the Building Inspector made the inquiry advising that National had calculated the"Minimum Fee"based on the type of construction and number of units as well as the fee based on the cost of plumbing construction per the Town's published Plumbing Permit Fees, effective as of July 1,2002 and calculated the plumbing permit fees far less than the aforesaid fees quoted. On September 23,2015,Mr.Brown,by way of electronic mail,'replied advising the method for which the plumbing permit fees were calculated,which confirms the plumbing permit fees are based on the total cost of the Project($38,737,375.00),rather than the plumbing Subcontract cost performed by National($2;140,000.00), On October 26,2015 Attorney Shannon wrote to the Zoning Board of Appeals stating: "Accordingly,National hereby appeals the determination made by Mr.Brown Page 3 of PETITION:2015-010 i I Town of North Andover ZONING BOARD OF APPEALS Alberf P.Manzi III,Esquire.Chairman Ellen P.McIntyre,Vice-Chair D.Paul Koch Jr.,Esquire of wa oT~ ~v Doug Ludgin 3+ .4;v • o� Allan Cuschk ti Associate Members * Dency Morganthal Nnthnn Weinreich Alexandria A.Jacobs,Esquire SSwcNusF and the reasonableness of the plumbing permit fees assessed by the Building Department to compensate the Town for its anticipated regulatory expense. Please docket the aforesaid appeal and advise the undersigned of the docket number and hearing date." I According to National's application(footnote 1): "On October 27,2015,National Refrigeration simultaneoits to this appeal;filed- an application for appeal with the State Building Code Appeals Board. On November 16,2015,the State Building Code Appeals Board returned National Refrigeration's application for appeal advising the State Building Code Appeals Board does not have_jurisdiction to hear disputes concerning plumbing permit fees assessed by the Town of North Andover." National also describes its appeal as a Request for Finding by stating: "Accordingly,National Refrigeration hereby appeals the determination made by Mr.Brown and requests a Finding that the plumbingpermit fees charged to National Refrigeration are excessive in relation to the Building Department's regulatory expenses." National has not presented any evidence that its appeal was filed with the Office of the Town Clerk. Analysis Apparently,National is invoking M.G.L.ch.40A,§8 as jurisdiction for this Board to hear its appeal. Pursuant to M.G.L.ch.40A, §8,an appeal to the Zoning Board of Appeals may be taken by any person"aggrieved by an.order or decision of the inspector of buildings M.G_L_ch.40A, §15 states in part: "Ally appeal under section eight to a permit granting authority shall be taken within thirty days from the date of the order or decision which is being appealed_ The petitioner shall file a notice of appeal specifying the grounds thereof,with the city or town clerk,and a copy of said notice,including date and time of filing certified by the town clerk,shall be filed forthwith by the petitioner with the officer or board whose order or decision is being appealed,and to the permit granting authority,specifying in the notice grounds for such appeal. Such officer or board shall forthwith transmit to the board of appeals or zoning administrator all documents and papers constituting the record of the case in which the appeal is taken."(emphasis supplied) Page 4 or6 PE MON=2015-010 ,f ii 1 t Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esquire,Chairman Ellen P.McIntyre,Vice-Chair D.Paul Koch Jr.,Esquire f powTy Doug Ludgin Allan Cuscia F p Assuciate Members w e Deney AlorganthulPte+ • Nathan Wclnrelch P+TIM Alexandria A.Jacobs,Esquire �sswe►+usEt 1. Filing with the Town Clerk In deciding a case under'§16 of former M.G.L. Chapter 40A,the Court stated in Greeley v Zoning Board of Appeals of Framingham 350 Mass. 549(1966): "The procedure for obtaining review under§16 is plain and unambiguous. `Any appeal-under section thirteen shall.betaken within thirty days .—, by filing a notice of appeal ... with the city or town clerk'(emphasis supplied). The filing of an appeal with someone other than the.official designated by the statute is not an effective filing and does not confer jurisdiction. See Kravits v. Director of the Div. of Employment Security,326 Mass. 419,421-422;Estey v. Director of the Div. of Employment Security,338 Mass. 797. National has not presented evidence that its appeal of Mr.Brown's determination was filed with the Town Clerk at any time,much less within the 30 days(from September 23, 2015)required by law. 2. Within 30.days By September 18,National was aware of the amount of the filing fee. On September 23,2015 the Building Inspector confirmed,by electronic mail,the amount of the filing fee. This purported"appeal"was dated October 26,2015,which is beyond the mandated 30 days as stated in G.L. ch.40A, §15. It is well established that filing the"appeal"beyond 30 days deprives this Board of jurisdiction to make a decision on the merits of the appeal. See Gallivan v. Zoning Board of Appeals of Wellesley,71 Mass.App.Ct. 850, 857(2008);Connors v.Annino,460 Mass. 790(2011);Miles- Matthias v.Zoning Board of Appeals of Seekonk, 84 Mass.App.Ct., 778(2014) Accordingly,this Board does not have jurisdiction to decide National's appeal of the Building Inspector's decision. After deliberations, the Board of Appeals determined to find in favor of the North Andover Building Inspector upholding the Building Inspector's decision as to plumbing fees. The following regular voting members were present: Albert P.Manzi I1I,Ellen P.McIntyre,D. Paul Koch Jr,Doug Ludgin and Allan Cuscia. Page 5 of 6 PETITION:2015-010 q d I Town of North Andover ZONING BOARD OF APPEALS Albert P.Nlanzi 111,Esquire,Chairman Ellen P.McIntyre,Vice-Cbair D.Paul Koch Jr.,Esquire of NO nr�~'io boug Ludgin 3? 4�:, �_ • o� Allan Cuscia - Associate btemhcrs x Deney Morganthal Nathan Wcinrcieh Alexandria A.Jacobs,Esquire SsACHus� The following Associate members were present:Deney Morganthal,Alexandria Jacobs and Nathan Weinreich. D. Paul Koch made a motion to uphold the Inspector of Buildings Inspector's decision dated September 23,2015, and to thereby DENY the requested Finding of the party aggrieved National Refrigeration Inc.Allan Cuscia seconded the motion. Voting in favor of the motion to 'uphold the Building Inspector's decision as to plumbing fees and to thereby DENY the requested finding of National.Refrigeration Inc: Albert P. Manzi III, Ellen P.McIntyre,D.Paul Koch Jr,Doug Ludgin and Allan Cuscia. NORTH ANDOVER ZONING BOARD OF APPEALS So Ordered, N , th Andover nuig Board of Appeals lbert P. Manzi III,Esquire,.Chairman Ellen P. McIntyre, D.Paul Koch Jr.,Esquire Allan Cuscia Doug Ludgin Decision 2015-010 (Finding) Page 6 of 6 PErMON:2015-010 Town of North Andover Zoning Board of Appeals =x two 1600 Osgood Street-Suite 2035 $0499 k ."FFR'"fes US POSTAGE North Andover,Ma 01845 FIRST-CLASS +.'`'� h J62S0008°02469 C Spar& Spindle Girl Scout P. O.Box 1010 Middleton:MA rg 15 7E 1. a , : ./,,�_/J.s. ATTEMPTED -t INOT KNOWN I01"A B L E TO FORWARD { SC. 01845104899 *1621-05334-16-44 3 �.�8 ��►�;�s 1lilill611i1111i11i� 11loil,il,l,ii11f9i1i,1i � iiolllafi'tiil i c Town of North Andover i ZONING BOARD OF APPEALS Albert P.Manzi 111,Esquire,Chairman Ellen P.McIntyre,Vice-Chair rte D.Paul xocp Jr.,Esquire ziOttTi, to i CLERK'S OFFICE. Doug Ludgin .+�,•'�`•�+°r y�q s AIIanCuscia C p 2016 JAN 26 PH 4: 42 Associate Members g ;� Town Clerk Time Stamp Deney Morganthal Nathan Weinreich Alexandria A.Jacobs,Esquire 1SsweHUSeS NORN i1hUS E 1 1 i Any appeal shall be filed within(20) days after the date of filing of this notice in the office of the Town Clerk, per Mass.Gen.L.ch.40A,§17 NATIONAL REFRIDGERATION INC. ) AGGREIVED PARTY I V ) NORTH ANDOVER BUILDING INSPECTOR ) NOTICE OF DECISION PETITION 2015-010 1. INTRODUCTION: The North Andover Zoning Board of Appeals held a public hearing at School Administration Building, at 566 Main Street,North Andover, MA on Tuesday, January 12,2016 at 7:30 PM on the application of Shannon Law Associates on behalf of National Refrigeration, Inc. for property located at 16 Berry Street (Map 106.D Parcel 0032), North Andover, NIA 01845. The-Petitioner is requesting a Finding(s) to appeal the determination made by North Andover 'Building Inspector also known as the Zoning Enforcement Officer and the reasonableness of the plumbing permit fees assesses by the Building Inspector to compensate the Town of North Andover for its anticipated regulatory expense. II. PROCEDURAL,HISTORY: Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessor's Office, and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on 12/29/2015 and 01/05/2016. The application.filed two 2 separate requests for hearing. The first informal application was dated on or about October 26, 2015 and was continued by the request of the applicant to the January 12,2016 Meeting.The 2nd application was dated,and'published as noted herein.-Both applications were heard concurrently at the January 12,2016 meeting. Uv\ T6wn of North Andover ZONING BOARD OF APPEALS Albert P.Manz!QI,Esquire,Chairman Ellen P.McIntyre,Vice-Chair D.Paul Koch.lr.,Esquire o4 No or~ 7ti Doug Ludginr �•` ` w�. ooL Allan Cuscia 9 Associate Members Deney Morganthal * ". sr... + Nathan weinreich •.7.0� � Alexandria A.Jacobs,Esquire 9SswCHO III. BACKGROUND: 16 Berry Street(Map 106.13 Parcel 0032),North Andover,MA. 01845 Petitioners,Shannon Law Associates on behalf of National Refrigeration,Inc. is requesting a Finding(s)to appeal the determination made by Mr.Brown and the reasonableness of the plumbing permit fees assessed by the Building Department. IV.EVIDENCE SUBMITED: The Board takes note of the oral arguments presented at the public hearing by Attorney Shannon and the documentary evidence thereto for consideration as listed herein and incorporated by reference herein and takes notice of Massachusetts General Law and applicable legal authorities thereto. The Building Inspector was not present at the meeting. Town-Manager Andrew Maylor was present at the hearing and requested to be heard which was allowed by the Chairman. Mr. Maylor offered oral testimony suggesting that he did not believe the Zoning Board of Appeals was the proper venue for the petition and that the noted Board of Appeal as presented by Attorney Shannon was distinct from the North Andover Zoning Board of Appeals. Procedurally,the petition submitted by Attorney Shannon was filed with the Town outside of the noted thirty(30)day filing requirement. List of Documents Submitted: • Exhibit A—September 22,2015 Letter from Shannon Law Assoc.to Mr. Gerald Brown. • Exhibit B—September 23,2015 email from Mr. Brown to Shannon Law Assoc.,Town of North Andover Building Permit fees,Town of North Andover Plumbing Permit Fees, North Andover Fee Calculation,Berry Street Project Plumbing Permit Fees September 17,2015,October 26,2015 Letter from Shannon Law Assoc.to Town of North Andover ZBA, • October 27,2015 letter from Shannon Law Assoc.to Board of Appeals included application to Commonwealth of MA.Department of Public Safety. • December 17,2015 Town of North Andover ZBA application and documentation for a Finding. • January 11,2016 email fiom Thomas Urbelis to Nlerylle Chase: Re;National i Refrigeration. • Legal Notice Page 2 of PETITION:2015-016 t /f I } Town of North Andover ZO,NTNG BOARD OF APPEALS Albert P.Manzi 111,Esquire,Chairman Ellen P.McIntyre,\race-Chair D.Paul Koch Jr.,Esquire 04 No oTy t, bong ludgin Allan Cuscis 0 to Associate IV[embers Deneymorgaulhal s ���...'�:.i� .� +, Nathan Wclaareich �+ ""�*•o `��`' Alexandria A.Jacobs,Esquire �SswC14LUI • October 26,2015 Letter from Shannon Law—to Town of North Andover Zoning Board of Appeals. • January 12,2016 Exhibit 1 submitted at ZBA meeting by Attorney Shannon regarding Permit Fee Calculation. • LexisNexis—Annotated Laws of Massachusetts-Part I Administration of Government Title XX Public Safety and Good Order—Chapter 143 Inspection and Regulation of;and Licenses for,Buildings,Elevators and Cinematographs§100. State Building Code— Building Code Appeals Board. • LwdsNexis—James M. Knott, Sr.vs.Town of Northbridge,State of Massachusetts, Appellate Division,Western District,2005 Mass.App Div. 135,-2005 Mass.App, Div. LEXIS 46,November 02,2005;Decided. • November 16,2015,Letter from the Commonwealth of Massachusetts,Department of Public Safety,Board of Building Regulations and Standards to Francis Shannon,III,Esq. • Copy of National Refrigeration Check 41086 • Copy of Town of North Andover Plumbing Permit#11363 • Copy of Massachusetts Uniform Application for a Permit to Perform Plumbing Work. For Buildings 1,2,3,4&Club House,. • Abutter's list • December 15,2015 Letter of Authority for National Refrigeration Quitclaim Deed V. FINDINGS: On or about September 18,2015 National Refrigeration,Inc.("National")was informed that $58,107 was the amount due for the plumbing permit fees for the project at 16 Berry Street. On September 22,2615,the office of Attorney Francis A. Shannon I1I,on behalf of National,by way of a letter to the Building Inspector made the inquiry advising that National had calculated the"Minimum Fee"based on the type of construction and number of units as well as the fee based on the cost of plumbing construction per the Town's published Plumbing Permit Fees, effective as of July 1,2002 and calculated the plumbing permit fees far less than the aforesaid fees quoted. On September 23,2015,Mr.Brown,by way of electronic mail,replied advising the method for which the plumbing permit fees were calculated,which confirms the plumbing permit fees are based on the total cost of the Project($38,737;375.00),rather than the plumbing Subcontract cost performed by National($2;140,000.60), On October 26,2015 Attorney Shannon wrote to the Zoning Board of Appeals stating: "Accordingly,National hereby appeals the determination made by Mr.Brown Page 3 of PETLTION:3015-010 i 7 Town of North Andover f ZONING BOARD OF APPEALS Albert P.NlanA 111,Esquire,Chairman Ellen P.Nlclntyre,Vice-Chair D.Paul Koch Jr.,Esquire ort.wa=Th a Doug Ludgin Allan Cuscia F p Associate Members � Dency Nlorgauthai Nathan weinreich lig +,moo.r'`1h Alexandria A.Jacobs,Esquire ss�CNus and the reasonableness of the plumbing permit fees assessed by the Building Department to compensate the Town for its anticipated regulatory expense. Please docket the aforesaid appeal and advise the undersigned of the docket number and hearing date." According to National's application(footnote 1): I "On October 27,2015,National Refrigeration simultaneous to this appeal,filed an application for appeal with the State Building Code Appeals Board. On November 16,2015,the State Building Code Appeals Board returned National Refrigeration's application for appeal advising the State Building Code Appeals Board does not have jurisdiction to hear disputes concerning plumbing permit fees assessed by the Town of North Andover_" National also describes its appeal as a Request for Finding by stating: "Accordingly,National Refrigeration hereby appeals the determination made by Mr.Brown and requests a Finding that the plumbing permit fees charged to National Refrigeration are excessive in relation to the Building Department's regulatory expenses." National has not presented any evidence that its appeal was filed with the Office of the Town Clerk- Analysis Apparently,National is invoking M.G.L.ch.40A,§8 as jurisdiction for this Board to hear its appeal_ Pursuant to M.G.L.ch_40A,§8,an appeal to the Zoning Board of Appeals may be taken by any person"aggrieved by an order-or decision of the inspector of buildings UG.L_ch.40A,§15 states in part: "Any appeal under section eight to a permit granting authority shall be taken within thirty days from the date of the order or decision which is being appealed The petitioner shall file a notice of appeal specifying the grounds.thereoL with the city'or town clerk.and a copy of said notice,including date and time of filing certified by the town clerk,shall be filed forthwith by the petitioner with the officer or board whose order or decision is being appealed,and to the permit granting authority,specifying in the notice grounds for such appeal Such officer or board shall forthwith transmit to the board of appeals or zoning administrator all documents and papers constituting the record of the case in which the appeal is taken."(emphasis supplied) Page 4 of6� , PETITION-2015-010 I i i = Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esquire,Chairman Ellen P.NIclntyre,Vice-Cbair D.)Paul Koch 3r.,Esquire of,Na prof Doug Ludgin Allan Cuscia F Associate Members *a►^" } DeneyA1organthal ��,,,,„;, +• Nathan We!nreich Alexandria A.Jacobs,Esquire 9sSwcMustt 1. Fili with the Town Clerk In deciding a case under§16.of former M.G.L. Chapter 40A,the Court stated in Greeley Zoning.Board of Appeals of Framin ham 350 Mass. 549(1966): "The procedure for obtaining review under§16 is plain and unambiguous. `Any appeal under section thirteen shall.be taken within thirty,days...by filing a notice of appeal ... with the city or town clerk'(emphasis supplied). The filing of an appeal with someone other than the official designated by the statute is not an effective filing and does not confer jurisdiction. See Kravits v. Director of the Div. of Employment Security,326 Mass. 419,421-422.Estey v. Director of the Div. of Employment Security,338 Mass. 797. National has not presented evidence that its appeal of Mr-Brown's determination was filed with the Town Clerk at any time,much less within the 30 days(from September 23, 2015)required by law. 2. Within 30.days By September 18,National was aware of the amount of the filing fee. On September 23,2015 the Building Inspector confirmed,by electronic mail,the amount of the filing fee. This purported"appeal"was dated October 26,2015,which is beyond the mandated 30 days as stated in G.L. ch.40A, §15. It is well established that filing the"appeal"beyond 30 days deprives this Board of jurisdiction to make a decision on the merits of the appeal. See Gallivan v. Zoning Board of Appeals of Wellesley, 71 Mass.App.Ct. 850, 857 (2008);Connors v. Annino, 460 Mass. 790(2011);Miles- Matthias v. Zoning Board of Appeals of Seekonk, 84 Mass.App.Ct., 778(2014) Accordingly,this Board does not have jurisdiction to decide National's appeal of the Building Inspector's decision. After deliberations, the Board of Appeals. determined to find in favor of the North Andover Building Inspector upholding the Building Inspector's decision as to plumbing fees. The following regular voting members were present: Albert P.Manzi III,Ellen P.McIntyre,D. Paul Koch Jr,Doug Ludgin and Allan Cuscia. Page 5 of6 PETCf10N:2015-010 Town of North Andover f ZONING BOARD OF APPEALS Albert P.Manzi III,Esquire,Chairman Ellen P.McIntyre,vice-Chair D.Padl Koch Jr.,Esgdirc ,NoltTry 1 bong Ludgin .fir eb`4,Lao �a.rQ'p0 Allan Cuscia �p p Associate Members _ y Deney Morganthal [Nathan wch rcich Alexandria A.Jacobs,Esquire 9SSweHus� The following Associate members were present:Deney Morganthal,Alexandria Jacobs and Nathan Weinreich. D. Paul Koch made a motion to uphold the Inspector of Buildings Inspector's decision dated September 23,2015,and to thereby DENY the requested Finding of the party aggrieved National Refrigeration Inc.Allan Cuscia seconded the motion. 1 Voting in favor of the motion to uphold the Building Inspector's decision as to plumbing fees and to thereby DENY the requested finding of National Refrigeration Inc: Albert P. Manzi III, Ellen P.McIntyre,D.Paul Koch Jr,Doug Ludgin and Allan Cuscia. NORTH ANDOVER ZONING BOARD OF APPEALS So Ordered, N th Andover nmg Board of Appeals lbert P. Manzi III,Esquire;_Chairman Ellen P. McIntyre, D.Paul Koch Jr.,Esquire Allan Cuscia Doug Ludgin. Decision 2015-010 (Finding) Page 6 of 6 PETITION:2015-010 CSS t'` Ta " ii US POSTAGE FER.ST-CLASS Town of North Andover: 1„ 0.250008431470 Zoning Board of Appeals 02169 1600 Osgood Street-Suite 2035 ' North Andover,Ma 01 845 33 North Andove ,l��nu�_LLC NOT DELIVERASI�E AS ADDRESSED 16 Berry Stree N T X3:.E 015- TE 1 North Ando r, MA RETURN TO .SENDER"NABLE TO FORWARD l R BE :$ ljl �lll1��111����lil111�1 111111 �11111111111111111111Id11Ji 111 i Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esquire,Chairman - i Ellen l McIntyre,Or.,Esquire noRTh total C�MK'S (,FFICr, D.Paul ICoc)�Jr.,Esquire ot,.�.•• Doug Ludgiu 3? ^•tr - *. .: pL i Allancuscia o p 2016 JAN 26 PM 4149 � Associate Memberst Town Clerk Time Stamp j Deney Allo anthal +• Nathan LVe nreich ��+' +�►ao•�'��� 3) ��}}�-7�,��7=Y�p+r��fryy�F {-q 9SSACNtfS�� �t t�:d„�I,7 J�NDO ER Alexandria A.Jacobs,Esquire 1AU HU S T o Any appeal shall be filed within(20) days after the date of filing of this notice in the office of the Town Clerk, per Mass.Gen_L.ch.40A,§17 NATIONAL REFRIDGERATION INC. ) AGGREIVED PARTY V NORTH ANDOVER BUILDING INSPECTOR ) NOTICE OF DECISION PETITION 2015-010 I. INTRODUCTION: The North Andover Zoning Board of Appeals held a public hearing at School Administration Building, at 566 Main Street,North Andover, MA on Tuesday,January 12,2016 at 7:30 PM on the application of Shannon Law Associates on behalf of National Refrigeration, I.nc. for property located at 16 Berry Street(Map 106.1)Parcel 0032), North Andover, MA 01845. The Petitioner is requesting a Findings) to appeal the determination made by North Andover Building Inspector also known as the Zoning Enforcement Officer and the reasonableness of the plumbing permit fees assesses by the Building Inspector to compensate the Town of North Andover for its anticipated regulatory expense. II. PROCEDURAL HISTORY: Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessor's Office,and were published in the Eagle-Tribune,A newspaper of general circulation in the Town of North Andover,on 12/29/2015 and 01/05/2016. The application,filed two 2 separate requests for hearing. The first informal application was dated on or about October 26, 2015 and was continued by the request of the applicant to the January 12,2016 Meeting.The 2nd application was dated,and published as noted herein.-Both applications were heard concurrently ' at the January 12,2016 meeting. l Town of North Andover I ZONING BOARD OF APPEALS Albert P.Manzi III.Esquire,Chairman Ellen P.McIntyre,Vice-Chair D.Paul Koch.Jr.,Esquire t NowTN Doug Ludgin Q%�•! ` �a�. �` Allan Cuscla p Associate Members a i •+ >♦ Dency Morganthal +r Nathan Weinreich3 .-a Alexandria A.Jacobs,Esquire �ssseNusEt III. BACKGROUND: 16 Berry Street(Map 106.13 Parcel 0032),North Andover,MA. 01845 Petitioners,Shannon Law Associates on behalf of National Refrigeration,Inc.is requesting a Finding(s)to appeal the determination made by Mr. Brown and the reasonableness of the plumbing permit fees assessed by the Building Department. IV.EVIDENCE SUBMITED: The Board takes note of the oral arguments presented at the public hearing by Attorney Shannon and the documentary evidence thereto for consideration as listed herein and incorporated by reference herein and takes notice of Massachusetts General Law and applicable legal authorities thereto. The Building Inspector was not present at the meeting. Town Manager Andrew Maylor was present at the hearing and requested to be heard which was allowed by the Chairman. Mr. Maylor offered oral testimony suggesting that he did not believe the Zoning Board of Appeals was the proper venue for the petition and that the noted Board of Appeal as presented by Attorney Shannon was distinct from the North Andover Zoning Board of -Appeals. Procedurally,the petition submitted by Attorney Shannon was filed with the Town outside of the noted thirty(30)day filing requirement. List of Documents Submitted: • Exhibit A—September 22,2015 Letter from Shannon Law Assoc. to Mr. Gerald Brown. • Exhibit B—September 23,2015 email from Mr. Brown to Shannon Law Assoc.,Town of North Andover Building Permit fees,Town ofNorth Andover Plumbing Permit Fees, North Andover Fee Calculation,Berry Street Project Plumbing Permit Fees September 17,2015,October 26,2015 Letter from Shannon Law Assoc.to Town of North Andover ZBA, • October 27,2015 letter from Shannon Law Assoc.to Board of Appeals included application to Commonwealth of MA.Department of Public Safety. • December 17,2015 Town of North Andover ZBA application and documentation for a Finding. • January 11,2016 email from Thomas Urbelis to Merylle Chase: Re;National Refrigeration. • Legal Notice +i Page 2 of 6 i PETITION:2015-010 ',/� Vvt � l I i Town sof North Andover ZONING BOARD OF APPEALS Albert P.Manzi 111,Esquire,Chairman Ellen P.Mclutyre,Vice-Chair D.Paul Koch Jr.,Esquire f 14ORT81� Dong L:Udgin Allan Cusciato r0-, Associate Members Deneymorganthal Nathan Weinreich Alexandria A.Jacobs,Esquire sS!ICf#USE j t • October 26,2015 Letter from Shannon Law—to Town of North Andover Zoning Board of Appeals. 0 January 12,2016 Exhibit l submitted at ZBA meeting by Attorney Shannon regarding Permit Fee Calculation. • LexisNexis—Annotated Laws of Massachusetts-Part I Administration of Government Title XX Public Safety and Good Order—Chapter 143 Inspection and Regulation of,and Licenses for,Buildings,Elevators and Cinematographs§100. State Building Code— Building Code Appeals Board. • LexisNexis—James M.Knott,Sr.vs.Town of Northbridge,State of Massachusetts, Appellate Division,Western District;2005 Mass.App Div. 135,.2005 Mass.App. Div LEXIS 46,November 02,2005,Decided. • November 16,2015,,Letter from the Commonwealth of Massachusetts,Department of Public Safety,Board of Building Regulations and Standards to Francis Shannon,III,Esq. • Copy of National Refrigeration Check 41086 • Copy of Town of North Andover Plumbing Permit#11363 • Copy of Massachusetts Uniform Application for a Permit to Perform Plumbing Work. For Buildings 1,2,3,4&Club House,. • Abutter's list • December 15,2015 Letter of Authority for National Refrigeration • Quitclaim Deed V. FINDINGS: On or about September 18,2015 National Refrigeration,Inc.("National")was informed that $58,107 was the amount due for the plumbing permit fees for the project at 16 Berry Street. On September 22,2015,the office of Attorney Francis A. Shannon 111,on behalf of National,by way of a letter to the Building Inspector made the inquiry advising that National had calculated the"Minimum Fee"based on the type of construction and number of units as well as the fee based on the cost of plumbing construction per the Town's published Plumbing Permit Fees, effective as of July 1,2002 and calculated the plumbing permit fees far.less than the aforesaid fees quoted. On September 23,2015,Mr.Brown,by way of electronic mail,replied advising the method for which the plumbing permit fees were calculated,which confirms the plumbing permit fees are based on the total cost of the Project($38;737,375.00),rather than the plumbing Subcontract cost performed by National($2,140,000.00), On October 26,2015 Attorney Shannon wrote to the Zoning Board of Appeals stating: "Accordingly,National hereby appeals the determination made by Mr.Brown Page 3 of 6 PE1TflON:2015-010 �} I Town of North Andover s ZONING BOARD OF"PEAT S Albert P.dlan7r 111,Esquire,Chairman Ellen P.McIntyre,Vice-Chair � D.Paul Koch Jr.,Esquire 04~;oTti 7.ta f Doug Ludgin � „`;,'_ ' +�• of Allan Cuscia F v Associate Members Deney Morgagthal * �,• c a:.._. Nathan Weinreich Alexandria A.Jacobs,Esquire SSACH�SE and the reasonableness of the plumbing permit fees assessed by the Building Department to compensate the Town for its anticipated regulatory expense. Please docket the aforesaid appeal and advise the undersigned of the docket i number and hearing date." f According to National's application(footnote 1): - "On October 27,2015,National Refrigeration simultaneous to this appeal,filed an application for appeal with the State Building Code Appeals.Board. On i November 16,2015,the State Building Code Appeals Board returned National Refrigeration's application for appeal advising the State Building Code Appeals Board does not have jurisdiction to hear disputes concerning plumbing permit fees assessed by the Town of North Andover." National also describes its appeal as a Request for Finding by stating: "Accordingly,National Refrigeration hereby appeals the determination made by Mr.Brown and requests a Finding that the plumbing permit fees charged to National Refrigeration are excessive in relation to the Building Department's regulatory expenses_" National has not presented any evidence that its appeal was filed with the Office of the Town Clerk. Analysis Apparently,National is invoking M.G.L.ch. 40A,§8 as jurisdiction for this Board to hear its appeal. Pursuant to M.G.L.ch.40A, §8,an appeal to the Zoning Board of Appeals may be taken by any person"aggrieved by an.order or decision of the inspector of buildings M.G.L.ch.40A, §15 states in part: "Any appeal under section eight to a permit granting authority shall be taken within thirty days from the date of the order or decision which is being appealed The petitioner shall file a notice of appeal specifying the Uounds thereof,with the cityor town clerk,and a copy of said notice,including date and.time of filing certified by the town clerk,shall be filed forthwith by the petitioner with the officer or board whose order or decision is being appealed,and to the permit granting authority,specifying in the notice grounds for such appeal Such officer or board shall forthwith transmit to the board of appeals or zoning administrator all documents and papers constituting the record of the case in which the appeal is taken."(emphasis supplied) Page 4 of rErrrloN_2015-010 j i f i Town.of North Andover ZONING BOARD OF APPEALS Albert P.Manzi lll,Esquire,Chairman Ellen P.McIntyre,Vice-Chair D.Paul Koch.)r.,Esquire t e►gt:r►,:� Doug Ludgin �:`.;�',d ..,•,.�oc: Allah Cuscia ti 0 i p Associate Members 'e Deney Morganthal -- Nathan weinreichq Alexandria A.Jacobs,Esquire ss�c►+ust 1. Filing with the Town Clerk In deciding a case under§16.of former M.G.L. Chapter 40A,the Court stated in Greeley v. Zoning Board of Appeals of FramingLiam,350 Mass. 549(1966): "The procedure for obtaining review under§16 is plain and unambiguous. `Any appeal.under section thirteen shall be taken within thirty days ...:by filing a notice of appeal ... with the city or town clerk'(emphasis supplied). The filing of an appeal with someone other than the official designated by the statute is not an effective filing and does not confer jurisdiction. See Kravits v. Director of the Div. of Employment Security,326 Mass. 419,421-422;Estey v. Director of the Div. of Employment Security,338 Mass. 797. National has not presented evidence that its appeal of Mr.Brown's determination was filed with the Town Clerk at any time,much less within the 30 days (from September 23, 2015)required by law. 2. Within 30.days By September 18,National was aware of the amount of the filing fee. On September 23,2015 the Building Inspector confirmed,by electronic mail,the amount of the filing fee. This purported"appeal"was dated October 26,2015,_ which is beyond the mandated 30 days as stated in G.L.ch.40A, §15. It is well established that filing the"appeal"beyond 30 days deprives this Board of jurisdiction to make a decision on the merits of the appeal. See Gallivan v.Zoning Board of Appeals of Wellesley,71 Mass.App.Ct. 850, 857(2008); Connors v. Annino,460 Mass. 790(2011);Miles- Matthias v.Zoning Board of_Appeals of Seekonk, 84 Mass.App.Ct., 778(2014) Accordingly,this Board does not have jurisdiction to decide National's appeal of the Building Inspector's decision. After deliberations, the Board of Appeals determined to find in favor of the North Andover Building Inspector upholding the Building Inspector's decision as to plumbing fees. The following regular voting members were present: Albert P.Manzi III,Ellen P.McIntyre,D. Paul Koch Jr,Doug Ludgin and Allan Cuscia. Page 5 of 6 / PETITION:2015-010 I L Town of North Andover ZONING BOARD OF APPEALS Albert P.Nlanzi I'll,Esquire,Chairman Ellen P.McIntyre,Vice-Chair D.Paul Koch Jr.,Esquire pt Np orjj ~ti Doug Ludgin �. 4�„ •. +. s apL Allan Cuscia s p Associate Members i< Dency Morganthal Nathan Wchircich of" Alexandria A.Jacobs,Esquire SswcNus The following Associate members were present:Deney Morganthal,Alexandria Jacobs and Nathan Weinreich. D. Paul Koch made a motion to uphold the Inspector of Buildings Inspector's decision dated September 23,2015,and to thereby DENY the requested Finding of the party aggrieved National Refrigeration Inc.Allan Cuscia seconded the motion. Voting in favor of the motion to uphold the Building Inspector's decision as to plumbing fees and to thereby DENY the requested finding of National,Refrigeration Inc:Albert P.Manzi III, Ellen P. McIntyre,D.Paul Koch Jr,Doug.Ludgin and Allan Cuscia. NORTH ANDOVER ZONING BOARD OF APPEALS So Ordered, N th Andover nmg Board of Appeals lbert P. Manzi III,Esquire;.Chairman Ellen P. McIntyre, D.Paul Koch Jr.,Esquire Allan Cuscia Doug Ludgin. Decision 2015-.010 (Finding) Page 6 of 6 PE MON:2015-010 Town of North Andover Zoning Board of Appeals t) neopost — --� 1600 Osgood Street-Suite 2035 x *kw�== 03107/2016 �.$�Q�g 0 � Noah Andover, Ma 01845 -R,=f-€ 44;; �I• a u5 -c ..ACE - FIRST-CLASS 06250008431470 �•�•, G-Qi24�P2108 Commonwealth of MA Department of Environmental Management 100 Cambridge Street Boston,MA 02114 N i XT E 03.5 5 E i a Wes j'I S.j 1&.. �I r. R-E7UR-N TO SENDER' ATTEMPTED - NOT KNOWN UNABLE T. P O R WAR D _ E v SC: 01845164899 *3.621-05465-16-44 ` is 's ° s.1lilil�;ollfi 1,#, 11 11 lll,i�il#'l hill I Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi 111,Esquire,Chairman Ellen P.McIntyre,Vice-Chair �O. 1~op RECEIVED A.Paul Koch Jr.,Esquire FORTH q qv`T CLETV J ou Doug Ludgin `•. .o Yti'e AIIAnCuSC1A i p 2016 JAN 26 PH 4: 42 � I Associate Members Town Clerk Time Stamp Deney Morganthal 701tk!V H� OF 1 Nathan Weinreich q tom. Alexandria A.Jacobs,Esquire C" 11ORTWANI)UVER ACHUSETTS Any appeal shall.be filed within(20) days after the date of filing of this i notice in the office of the Town Clerk, per Mass.Gen-L.ch.40A,§17 NATIONAL REFRIDGERATION INC. ) AGGREIVED PARTY ) V ) NORTH ANDOVER BUILDING INSPECTOR ) NOTICE OF DECISION PETITION 2015-010 1. INTRODUCTION: The North Andover Zoning Board .of Appeals held a public hearing at'School Administration Building, at 566 Main Street,North Andover, MA on Tuesday, January 12,2016 at 7:30 PM on the application of Shannon Law Associates on behalf of National Refrigeration, Inc. for property located at 16 Berry Street(Map 106.1) Parcel 0032), North Andover, MA 01845. The Petitioner is requesting a Finding(s) to appeal the determination made by North Andover Building Inspector also known as the Zoning Enforcement Officer and the reasonableness of the plumbing permit fees assesses by the Building Inspector to compensate the Town of North Andover for its anticipated regulatory expense. II. PROCEDURAL.HISTORY: Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessor's Office,and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on 12/29/2015 and 01/05/2016. The application..fiiled two 2 separate requests for hearing. The fust informal application was dated on or about October 26, 2015 and was continued by the request of the applicant to the January 122 2016 Meeting.The 2nd application was dated,and published as noted herein.-Both applications were heard concurrently at the January 12,2016 meeting. Town of North Andover Imo, ZONING BOARD OF APPEALS Albert P.Manzi JIJ,Esquire,Chairman Ellen P.McIntyre,Vice-Chair NpRT#t ' D.Paul Koch Jr.,Esquire Doug Ludgiat Allan Cu9cia ti - A Associate Members ; a i DeneyMorganthal Nathan Weinreich Alexandria A.Jacobs,Esquire sswCHU III. BACKGROUND: 1613eny Street(Map 106.1)Parcel 0032),North Andover,MA. 01845 Petitioners,Shannon Law Associates on behalf of National Refrigeration, Inc.is requesting a Finding(s)to appeal the determination made by Mr.Brown and the reasonableness of the plumbing permit fees assessed by the Building Department. IV.EVIDENCE SUBMITED: The Board takes note of the oral arguments presented at the public hearing by Attorney Shannon and the documentary evidence thereto for consideration as listed herein and incorporated by reference herein and takes notice of Massachusetts General Law and applicable legal authorities thereto. The Building Inspector was not present at the meeting. Town Manager Andrew Maylor was present at the hearing and requested to be heard which was allowed by the Chairman. Mr. Maylor offered oral testimony suggesting that he did not believe the Zoning Board of Appeals was the proper venue for the petition and that the noted Board of Appeal as presented by Attorney Shannon was distinct from the North Andover Zoning Board of Appeals. Procedurally;the petition submitted by Attorney Shannon was filed with the Town outside of the noted thirty(30)day filing requirement. List of Documents Submitted: • Exhibit A—September 22,2015 Letter from Shannon Law Assoc.to Mr. Gerald Brown. • Exhibit B—September.23,2015 email from Mr. Brown to Shannon Law Assoc.,Town of North Andover Building Permit fees,Town of North Andover Plumbing Permit Fees, North Andover Fee Calculation,Berry Street Project Plumbing Permit Fees September 17,2015,October 26,2015 Letter from Shannon Law Assoc.to Town of North Andover ZBA, • October 27,2015 letter from Shannon Law Assoc.to Board of Appeals included application to Commonwealth of MA.Department of Public Safety. • December 17,2015 Town of North Andover ZBA application and documentation for a Finding. • January 11,2016 email from Thomas Urbelis to Merylle Chase: Re;rational Refrigeration. • Legal Notice Page 2 of 6 PETITION:2015-0111 Vv((J/� i Town of North Andover ZONING BOARD OF APPEALS Albert P.Mani!lil,Esquire,Chairman Ellen P.Melntyre,Vice-Chair NORTy D.Paul Koch Jr.,Esquire f 7 Oogg Ludgin Allan Cuscia p p Associate Members # 's , 'r peney Morganthal + Nathan Weinreicb �,..o•e' Alexandria A.Jacobs,Esquirc 9SSnCHLUS i I s • October 26,2015 Letter from Shannon Law—to Town of North Andover Zoning Board i of Appeals. • January 12,2016 Exhibit 1 submitted at ZBA meeting by Attorney Shannon regarding Permit Fee Calculation. • LexisNexis—Annotated Laws of Massachusetts-Part I Administration of Government Title XX Public Safety and Good Order—Chapter 143 Inspection and Regulation of,and Licenses for,Buildings,Elevators and Cinematographs§100. State Building Code— Building Code Appeals Board. • LexisNexis—James M.Knott,Sr.vs.Town of Northbridge, State of Massachusetts, Appellate Division,Western District,2005 Mass.App Div. 135_2005 Mass.App: Div. LEXIS 46,November 02,2005,Decided. • November 16,2015,Letter from the Commonwealth of Massachusetts,Department of Public Safety,Board of Building Regulations and Standards to Francis Shannon,III,Esq. • Copy of National Refrigeration Check 41086 • Copy of Town of North Andover Plumbing Permit#11363 • Copy of Massachusetts Uniform Application for a Permit to Perforin Plumbing Work. For Buildings 1,2,3,4&Club House,. • Abutter's list 0 December 15,2015 Letter of Authority for National Refrigeration • Quitclaim Deed V. FINDINGS: On or about September 18,2015 National Refrigeration,Inc.("National")was informed that $58,107 was the amount due for the plumbing permit fees for the project at 16 Berry Street. On September 22,2015,the office of Attorney Francis A. Shannon.III,on behalf of National,by way of a letter to the Building Inspector made the inquiry advising that National had calculated the"Minimum Fee"based on the type of construction and number of units as well as the fee based on the cost of plumbing construction per the Town's published.Plumbing Permit Fees, effective as of July 1,2002 and calculated the plumbing permit fees far less than the aforesaid fees quoted. On September 23,2015,Mr.Brown,by way of electronic mail,replied advising the method for which the plumbing permit fees were calculated,which confirms the plumbing permit fees are based on the total cost of the Project($38,737,375.00),rather than the plumbing Subcontract cost performed by National($2;140,000.00), On October 26,2015 Attorney Shannon wrote to the Zoning Board of Appeals stating: "Accordingly,National hereby appeals the determination made by Mr.Brown Page 3 of PETr1TON_2015-010 i I . Town of North Andover r, ZONING BOARD OF APPEALS Albert P.Mnn7a III,Esquire,Chairman Ellen P.McIntyre,Vice-Chair �aORTy D.Paul Koch Jr.,Esquire Doug Ludgio Allan Cuscia Associate Members ' DencyMorganthal '� • NathanWeinreich Alexandria A.Jacobs,Esquire SS^C and the reasonableness of the plumbing permit fees assessed by the Building Department to compensate the Town for its anticipated regulatory expense. Please docket the aforesaid appeal and advise the undersigned of the docket number and hearing date." I According to National's application(footnote 1): "On October 27,2015,National Refrigeration simultaneous to this appeal,filed an application for appeal with the State Building Code Appeals Board. On November 16,2015,the State Building Code Appeals Board returned National Refrigeration's application for appeal advising the State Building Code Appeals Board does not have jurisdiction to hear disputes concerning plumbing permit fees assessed by the Town of North Andover." National also describes its appeal as a Request for Finding by stating: "Accordingly,National Refrigeration hereby appeals the determination made by Mr.Brown and requests a Finding that the plumbing permit fees charged to National Refrigeration are excessive in relation to the Building Department's regulatory expenses." National has not presented any evidence that its appeal was filed with the Office of the Town Clerk. Analysis Apparently,National is invoking M.G.L.ch.40A,§8 as jurisdiction for this Board to hear its appeal. Pursuant to M G.L.ch.40A, §8,an appeal to the Zoning Board of Appeals may be taken by any person"aggrieved by an order or decision- of the inspector of buildings UG-L.ch.40A, §15 states in part: "Any appeal under section eight to a permit granting authority shall be taken within thirty days from the date of the order or decision which is being appealed- The ppealedThe petitioner shall file a notice of appeal specifying the grounds thereof,with the city or town clerk,and a copy of said notice,including date and time of filing certified by the town clerk,shall be filed forthwith by the petitioner with the officer or board whose order or decision is being appealed,and to the permit granting authority,specifying in the notice grounds for such appeal.Such officer or board shall forthwith transmit to the board of appeals or zoning administrator all documents and papers constituting the record of the case in which the appeal is taken."(emphasis supplied) Page4 of6 PE1TfION=2015-010 ,t 1 F f 1 Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi Ul,Esquire,Chairman Ellen P.McIntyre,Vice-Chair D.Paul Koch Jr.,Esquire f �oWrty 1 DougLudgin Allan Cuscia F o...+ Associate Members * w. *" 5 �" Deney hjorganthal 4.�+. r Nathan Weinreich q tarso Alexandria A.Jacobs,Esquire sswc►tu5t 1. Filing with the Town Clerk In deciding a case under§16 of former M.G.L. Chapter 40A,the Court stated in Greeley v. Zoning.Board of Appeals of Framing, 350 Mass. 549(1966): "The procedure for obtaining review under§16 is plain and unambiguous. `Any appeal under section thirteen shall be taken within thirty days-by filing a notice . of appeal ... with the city or town clerk'(emphasis supplied). The filing of an appeal with someone other than the official designated by the statute is not an effective filing and does not confer jurisdiction. See Kravits v. Director of fhe Div. of Employment Security,326 Mass.419,421-422,Este y v. Director of the Div. of Employment Security,338 Mass. 797. National has not presented evidence that its appeal of Mr.Brown's determination was filed with the Town Clerk at any time,much less within the 30 days(from September 23, 2015)required by law. 2. Within.30.days By September 18,National was aware of the amount of the filing fee. On September 23,2015 the Building Inspector confirmed,by electronic mail,the amount of the filing fee. This purported"appeal'was dated October 26,2015,which is beyond the mandated 30 days as stated in G.L.ch.40A, §15. It is well established that filing the"appeal"beyond 30 days deprives this Board of jurisdiction to make a decision on the merits of the appeal. See Gallivan v.Zoning Board of Appeals of Wellesley,71 Mass.App.Ct. 850, 857,(200$);Connors v.Annino,460 Mass. 790(2611);Miles-. Matthias v.Zoning Board of Appeals of Seekonk, 84 Mass.App.Ct., 778(2014) Accordingly,this Board does not have jurisdiction to decide National's appeal of the Building Inspector's decision_ After deliberations, the Board of Appeals determined to find in favor of the North Andover Building Inspector upholding the Building Inspector's decision as to plumbing fees. The following regular voting members were present: Albert P.Manzi III,Ellen P.McIntyre, D. Paul Koch Jr,Doug Ludgin and Allan Cuscia. Page 5 of 6 PETCfION:2015-010 I q 1 i Town of North Andover i ZONING BOARD OF APPEALS Albert P.Manzi 111,Esquire,Chairman Ellen P.McIntyre,Vice-Chair D.Paul Koch Jr.,Esquire Doug Ludgin Allan Cuscia A Associate 11Rembers x Deney MorgAnthal Nathan weinrcich �'y�°"^+•o"•�ttg Alexandria A.Jacobs,Esquire SS C14US The following Associate members were present:Deney Morganthal,Alexandria Jacobs and Nathan Weinreich. D. Paul Koch made a motion to uphold the Inspector of Buildings Inspector's decision dated September 23,2015,and to thereby DENY the requested Finding of the party aggrieved National Refrigeration Inc.Allan Cuscia seconded the motion. Voting in favor of the motion to uphold the Building Inspector's decision as to plumbing fees and to thereby DENY the requested finding of National.Refrigeration Inc:Albert P.Manzi III, Ellen P. McIntyre,D.Paul Koch Jr,Doig.Ludgin and Allan Cuscia. NORTH ANDOVER ZONING BOARD OF APPEALS So Ordered, N th Andover nuig Board of Appeals lbert P. Manzi III,Esquire,Chairman Ellen P. McIntyre, D.Paul Koch Jr.,Esquire Allan Cuscia Doug Ludgin Decision 2015-010 (Finding) Page 6 of 6 PETITION:2015-010 Y • 4 ! 2 r aF C I A L a Postage a O $ T MA 9 Certified Fee R 0'�A Return Rece(pI Fee �0 PoHstma`6do (Endorsement Re0 red) Q r20 Restricted Delivery Fee r �P.\` Go (Endorsement Required) Y� o Q5 j Total Postage&Fees s N us r Sent To 11 1'az'& Li�i 7 Street,Apt.No.j StonewaI+-ni-1 ,-L-L or PO Box No. , ---------- ----------�.25.1�Iorth_Maixi_S.treei,415B-------------- City,State,ZIP+4 Middleton MA 01949 R r,. ;.< 91nQW111MCMn _h Certified Mail Provides: o A mailing receipt o A unique identifier for your mailpiece e A record of delivery kept by the Postal Service for two years Important Reminders: o Certified Mail may ONLY be combined with First-Class Mails or Priority Mail®. n Certified Mail is not available for any class of international mail. o NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. o For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". o If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 Town of North Andover -sa. Zoning Board of Appeals neopost-1 1600 oseood Street-Suite 2035 01105/2016 N1a 01845 'o $06.792 Z1P 01845 7014 0150 0001 4818 4507 041L10235393 VI �( Stonewall Plaza, LLC 0 325 North Mair ' —"f Middleton,MA Ltl ( NIXIE 015 SE 3 RETUFN TO 5EtiDF_i UNCLAIMED UNABLE TO FOPWAR'D SC.: 0184.5104899 item 4 if Restricted Delivery is desired. 0 Agent ■ Print your name and address on the reverse X ❑Addressee f so that we can return the card to.you. B. Received by(Printed'Name) C.Date of Delivery f ■ Attach this card to the back of the mailpiece, or on the front if space permits.- p D. Is delivery address different from item 1? ❑Yes i . .1: Article Addressed to: If YES,enter delivery address below: ❑No - I I Stonewall Plaza,LLC 325 North Main Street,#15B s. service Type Middleton,-MA 01949 ❑Certified Mail ❑Express Mail i ❑Registered ❑Return Receipt for Merchandise ' 1:3 Insured Mail, ❑C.O.D. I ,. 4. Restricted Delivery?(Extra Fee) ❑-Yes f 2. Article Number - (bansferrfrom sen4celaheQ _ ?014 0150 0001 4 818 4507 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1 640 111 Town of North Andover ZONING BOARD OF APPEALS NORTh Albert P.Manzi III,Esq.Chairman o`tr�Eo „gtio ellen P.McIntyre,Vice-Chairman 3� ° oe Associate Members Richard J.Byers,Esq.Clerk p Michael P.Liporto D.Paul Koch Jr.,Esq. * ; Doug Ludgin Allan Cuscia opeo --..,.'e " Deney Morganthal 9sS veNuSF� Zoning Enforcement Officer Gerald A.Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday, January 12, 2016, at 7:30 PM to all parties interested in the petition of Shannon Law Associates on behalf of National Refrigeration, Inc., for property located at 16 Berry Street (Map 106.D, Parcels 0032). North Andover,MA 01845 in the R-3 Zoning District. The Petitioner is requesting a Finding(s) to appeal the determination made by Mr. Brown and the reasonableness of the plumbing permit fees assesses by the Building Department to compensate the Town of North Andover for its anticipated regulatory expense. Pursuant to Mass. Gen. L. C. 40, § 22F &Mass. Gen. L. c. 143 § 100. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: Date of first publication Date of second publication {00084696,v 1} •�.Ai `oo vn of North Andover F F C2— Zoning Board ofAppea@s r�:x $0.499 1 VEB w US POSTAGE 1600 Osgood Street-Suite 2035 FIRST-CLASS North Andover, Ma 01845 PM 6 1 062S0608431470 02169 V 1812 Turnpike Street North Andover,M DIS NSE I I S C 7 2 0 2-/19 j 16 i-v-RpARD TIME EXF RTN TO SEND THE EQUESTRIAN SHOP INC 38.£4 FG*_.F X RT) tY .w L.H. I'FIA 019S-8-7-532 a� ��yy..••��;;Qp 11 [[ RF1-DRN T.0 SfEi14PPr377FR p ({ ( tFy e e7 S�filfliil�11.�11lf.111�11(`�{�f I 1 Town of North Andover i ZONING BOARD OF APPEALS i Albert P.Manzi III,Esquire,Chairman F-,� � � � Ell eu'P.McIntyre,Vice-Chair rt+ NORTy T nnl CLUKS S C mucP D.Paul Koch Jr.;Esquire f 7ti w i Doug Ludgin r�•<M`~� ti•e oa AIIanCuscia x 2016 JAN 26 Pel 4= 42 Associate Members Town Clerk Time Stamp Deney Morganthal OF Nathan TUM�! I 11aGOVR Nnthan�Veinreich y t� � }+�t,y� rT `! Alexandria A.Jacobs,Esquire SSACHUS� t«I t S-ACHUSE 11 S 4 Any appeal shall.be filed within(20) days after the date of filing of this f notice in the office of the Town Clerk, per Mass.Gen-L.ch.40A,§17 i NATIONAL REFRIDGERATION INC. AGGREIVED PARTY ) V ) NORTH ANDOVER BUILDING INSPECTOR ) NOTICE OF DECISION PETITION 2015-010 I. INTRODUCTION: The North Andover Zoning Board .of Appeals held a public hearing at School Administration Building, at 566 Main Street,North Andover, MA on Tuesday,January 12,2016 at 7:30 PM on the application of Shannon Law Associates on behalf of National Refrigeration, Inc. for property located at 16 Berry Street (Map 106.1)Parcel 0032), North Andover,MA 01845. The Petitioner is requesting a Finding(s) to appeal the determination made by North Andover Building Inspector also known as the Zoning Enforcement Officer and the reasonableness of the plumbing permit fees assesses by the Building Inspector to compensate the Town of North Andover for its anticipated regulatory expense. K. PROCEDURAL.IIISTO,RY: Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessor's Office,and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on 12/29/2015 and 01/05/2016. The application,filed two 2 separate requests for hearing. The first informal application was'dated on or about October 26, 2015'and was continued by the.request of the applicant to the January 12,2016 Meeting. The 2nd application was dated,and published as noted herein.'Both applications were heard concurrently at the January 12,2016 meeting. UV\ Town of North Andover h ZONING BOARD OF APPEALS Albert P.Manzi III,Esquire,Chairman Ellen P.McIntyre,Vice-Chair D.Paul Koch.1r.,Esquire pe ~�or a�,to Doug Ludgin Allan Cu3cia Associate Members Deney Morganthaiyi*b+,r�� Nathan weinreich Alexandria A.Jacobs,Esquire �ss^cou9ES i III. BACKGROUND: 1611erry Street(Map 106.1)Parcel 0032),North Andover,MA., 01.845 Petitioners, Shannon Law Associates on behalf of National Refrigeration,Inc, is requesting a Finding(g)to appeal the determination made by Mr. Brown and the reasonableness of the plumbing permit fees assessed by the Building Department. IV.EVIDENCE SUBMITED: The Board takes note of the oral arguments presented at the public hearing by Attorney Shannon and the documentary evidence thereto for consideration as listed herein and incorporated by reference herein and takes notice of Massachusetts General Law and applicable legal authorities thereto. The Building Inspector was not present at the meeting. Town.Manager Andrew Maylor was present at the hearing and requested to be heard which was allowed by the Chairman. Mr. Maylor offered oral testimony suggesting that he did not believe the Zoning Board of Appeals was the proper venue for the petition and that the noted Board of Appeal as presented by Attorney Shannon was distinct from the North Andover Zoning Board of Appeals. Procedurally,the petition submitted by Attorney Shannon was filed with the Town outside of the noted thirty(30)day filing requirement. List of Documents Submitted: • Exhibit A—September 22,2015 Letter from Shannon Law Assoc. to Mr. Gerald Brown. • Exhibit B—September.23,2015 email from Mr. Brown to Shannon Law Assoc.,Town of North Andover Building Permit fees, Town of North Andover Plumbing Permit Fees, North Andover Fee Calculation,Berry Street Project Plumbing Permit Fees September 17,2015,October 26,2015 Letter from Shannon Law Assoc.to Town of North Andover ZBA, • October 27,2015 letter from Shannon Law Assoc.to Board of Appeals included application to Commonwealth of MA.Department of Public Safety. • December 17,2015 Town of North Andover ZBA application and documentation for a Finding. • January 11,2016 email from Thomas Urbelis to Merylle Chase: Re;National j Refrigeration. • Legal Notice Page 2 ofti PETITION:2015-010 �UVt fC I Tuwn of North Andover ZONING BOARD OF APPEALS Albert P.Manzi 111,Esquire,Chairntan Ellen P.Mclutyre,i ice-ChairaRTH D.Paul Koch Jr,Esquire of Iloug Ludgin 3? off'a Allan Cuscia p Associate Members # c Deney Morganthal s Nathan Weinreich Alexandria A.Jacobs,Esquire �sswcHuset j • October 26,2015 Letter from Shannon Law to Town of North Andover Zoning Board of Appeals. • January 12,2016 Exhibit 1 submitted at ZBA meeting by Attorney Shannon regarding Permit Fee Calculation. • LexisNexis—Annotated Laws of Massachusetts-Part I Administration of Government Title XX Public Safety and Good Order—Chapter 143 Inspection and Regulation of,and Licenses for,Buildings.Elevators and Cinematographs§100. State Building Code— Building Code Appeals Board. • LexisNexis—James M. Knott,Sr..vs.Town of Northbridge,State of Massachusetts, Appellate Division,Western District,2005 Mass App Div 135;..2005,Mass.App. Dix LEXIS 46,November 02;2005,Decided. • November 16,2015,Letter from the Commonwealth of Massachusetts,Department of Public Safety,Board of Building Regulations and Standards to Francis Shannon,III,Esq. • Copy of National Refrigeration Check 41086 • Copy of Town of North Andover Plumbing Permit#11,363 a Copy of Massachusetts Uniform Application for a Permit to Perform Plumbing Work. For Buildings 1,2,3,4&Club House,. • Abutter's list • December 15,2015 Letter of Authority for National Refrigeration • Quitclaim Deed V. FINDINGS: On or about September 18,2015 National Refrigeration,Inc.("National")was informed that $58,107 was the amount due for the plumbing permit fees for the project at 16 Berry Street. On September 22,2015,the office of Attorney Francis A. Shannon III,on behalf of National,by way of a letter to the Building Inspector made the inquiry advising that National had calculated the"Minimum Fee"based on the type of construction and number of units as well as the fee based on the cost of plumbing construction per the Town's published Plumbing Permit Fees, effective as of July 1,2002 and calculated the plumbing permit fees far less than the aforesaid fees quoted. On September 23,2015,Mr.Brown,by way of electronic mail,replied advising the method for which the plumbing permit fees were calculated,which confirms the plumbing permit fees are based on the total cost of the Project($38,737;375.00),rather than the plumbing Subcontract cost performed by National($2,140,000.00), On October 26,2015 Attorney Shannon wrote to the Zoning Board of Appeals stating: "Accordingly,National hereby appeals the determination made by Mr.Brown Page 3 of 6 PE1TriON:20I5-0I0 n i Town of North Ati7dover ZONING BOARD OF APPEALS Albert P.Nlanzi 111,Esquire,Chairman Ellen P.Nlcl'ntyre,Vice-Chair D.Paul Koch dr.,Esquire o� AORoYFI Doug Ludgio � Allan Cuscia Associate Alembers # '� Deney Nlorgauthal Nathan%Veinreich Alexandria A.Jacobs,Esquire ssAcousE and the reasonableness of the plumbing permit fees assessed by the Building Department to compensate the Town for its anticipated regulatory expense. Please docket the aforesaid appeal and advise the undersigned of the docket number and hearing date." i According to National's application(footnote 1): "On October 27,2015,National Refrigeration simultaneous to this appeal,filed an application for appeal with the State Building Code Appeals.Board. On November 16,2015,the State Building Code Appeals Board returned National Refrigeration's application for appeal advising the State Building Code Appeals Board does not have jurisdiction to hear disputes concerning plumbing permit fees assessed by the Town of North Andover." National also describes its appeal as a Request for Finding by stating: "Accordingly,National Refrigeration hereby appeals the determination made by Mr.Brown and requests a Finding that the plumbing permit fees charged to National Refrigeration are excessive in relation to the Building Department's regulatory expenses." National has not presented any evidence that its appeal was filed with the Office of the Town Clerk. Analysis Apparently,National is invoking M.G.L.ch.40A,§8 as jurisdiction for this Board to hear its appeal. Pursuant to M.G.L.ch.40A, �8,an appeal to the Zoning Board of Appeals may be taken by any person"aggrieved by an order or decision of the inspector of buildings ..." M.G.L.ch.40A,§15 states in part: "Any appeal under section eight to a permit granting authority shall be taken within#AM days from the date of the order or decision which is being appealed. The petitioner shall file a notice of appeal specifying the grounds thereof,with the city'or town clerk,and a copy of said notice,including date and time of filing certified by the town clerk,shall be filed forthwith by the petitioner with the officer or board whose order or decision is being appealed,and to the permit granting authority,specifying in the notice grounds for such appeal.Such officer or board shall forthwith transmit to the board of appeals or zoning administrator all documents and papers constituting the record of the case in which the appeal is taken."(emphasis supplied) Page 4 of6� PETITION_2015-010 i Town of North Andover f ZONING BOARD OF APPEALS Albert P.Manzi III,Esquire,Chairman Ellen P.McIntyre,Vice-Chair D.Paul Koch 3r.,Esquire f�aORTh O 't,,•e yam ti Doug Ladgin Allan Cuscia F - Associate Members Y ' Deney Morganthal Nathan Weinreieh Alexandria A.Jacobs,Esquire 9ss�et+ustt 1. Filing with the Town Clerk In deciding a case under§16:of former M.G.L. Chapter 40A,the Court stated in Greeley v. Zoning.Board.of Appeals of Framingham, 350 Mass.549(1966): "The procedure for obtaining review under§16 is plain and unambiguous. `Any appeal under section thirteen shall be taken within thirty days ..,by filing a notice of appeal ... with the city or town clerk'(emphasis supplied). The filing of an appeal with someone other than the official designated by the.statute is not an effective filing and does not confer jurisdiction. See Kravits v. Director of the Div. of Employment Security,326 Mass. 419,421-422;Estey v. Director of the Div. of EmploymentSecukity,338 Mass. 797. National has not presented evidence that its appeal of Mr.Brown's determination was filed with the Town Clerk at any time,much less within the 30 days(from September 23, 2015)required by law: 2. Within.30.days By September 18,National was aware of the amount of the filing fee. On September 23,2015 the Building Inspector confirmed,by electronic mail,the amount of the filing fee. This purported"appeal"was dated October 26,2015,which is beyond the mandated 30 days as stated in G.L. ch.40A, §15. It is well established that filing the"appeal"beyond 30 days deprives this Board of jurisdiction to make a decision on the merits of theappeal. See Gallivan v.Zoning Board of Appeals of Wellesley,71 Mass.App.Ct. 850, 857(2008); Connors v. Annino, 460 Mass. 790(2011);Miles- Matthias v. Zoning Board of Appeals of Seekonk, 84 Mass.App.Ct., 778(2014) Accordingly,this Board does not have jurisdiction to decide National's appeal of the Building Inspector's decision. After deliberations, the Board of Appeals determined to find in favor of the North Andover Building Inspector upholding the Building Inspector's decision as to plumbing fees. The following regular voting members were present: Albert P.Manzi III,Ellen P.McIntyre,D. Paul Koch Jr,Doug Ludgin and Allan Cuscia. Page 5 of 6 f PETITION:2015-0l0 `w/(J Town of North Andover i ZONING BOARD OF APPEALS Albert P.IYlanzi III,Esquire,Chairman Ellen P.NIclntyre,Vice-Chair D.Paul Koch Jr.,Esquire Doug Ludgin Allan Cuscia o 4 p Associate blembers Deocy Nlorganthai 41 Nathan Weinreich riq�'na+�n•.r"`�'' Alexandria A.Jacobs,Esquire --ACHUe The following Associate members were present:Deney Morganthal,Alexandria Jacobs and Nathan Weinreich. D. Paul Koch made a motion to uphold the Inspector of Buildings Inspector's decision dated September 23,2015,and to thereby DENY the requested Finding of the party aggrieved National Refrigeration Inc.Allan Cuscia seconded the motion. Voting in favor of the motion to uphold the Building Inspector's decision as to plumbing fees and to thereby DENY the requested finding of National Refrigeration Inc: Albert P. Manzi III, Ellen P. McIntyre,D.Paul Koch Jr,Doug Ludgin and Allan Cuscia. NORTH ANDOVER ZONING BOARD OF APPEALS So Ordered, N th Andover ning Board of Appeals lbert P. Manzi III,:Esquire;.Chairman_ Ellen P. McIntyre, D.Paul Koch Jr.,Esquire Allan Cuscia Doug Ludgin. Decision 2015-010 (Finding) Page 6 of 6 PETITION:2015-010 U.S. Postal ServiceTM CERTIFIED MAILT. RECEIPT n (Domestic 7 For delivery Information visit our w Ite at www.usps.comgn nry l 7 Postage $ 9 p Certified Fee �-" ostmCk 7 Return Receipt Fee 7 (Endorsement Required) ;i I�rqO Restricted Delivery Fee CO (Endorsement Required) SCJ 7 Total Postage R Fees $ r - U Sent To Pedro Youssef Sheet apt-No.;---------8S-Compass-RAfft'RZoad---------------- ' ` or PO Box No. City State,Z%P+4 PS Form :rr 00. See Reverse for Instructi-M Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for lour mailpiece ■ A record of delivery kept by thelhostal Service for two years Important Reminders.- Certified eminders.Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mali. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking.,If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 SENDER. COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY to Complete items 1,2, and 3.Also complete A. Sig to e item 4 if Restricted Delivery is desired, f ❑Agent ■ Print your name and.address on the reverse x ❑Addressee so that we can return the card to you. B. Ric ' 'ed bye( ed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 13 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Pedro Youssef 88 Compass Point Road North Andover,'MA 01845 3. Service Type ❑Certified Mail O Express Mail ❑Registered. ❑Return Receipt for Merchandise 0-insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number } I? -FT' - -- — ---- - (fransfer from service/abet) 7 012' `'1 010 0001 1❑51 4 303 PS Forth 0811, February 2004 Domestic Return Receipt 102595-02-M-154( UNITED STATES POSTAL,SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 i • Sender: Please print your name, address, and ZIP+4 in this box • I Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 203'- North Andover. Ma 01841 U.S. Postal Servicew a CERTIFIED N4AILT._RECEIPT rU (Dome-stic Mail Only,N6117n-s,urance Coverage Provided) Ln CO= For deliveryInformation visit our website at vvww.usps.come OFFIC � AL USE ra CO Postage $ p14 �\� rq Certified Fee e �yy p �Y Postmark p Return Receipt Feer) ��y C3 (Endorsement Required) ere Restricted Delivery Fee C3 (Endorsement Required) ul r-1 Total Postage&Fees O , rs 1, _jWent To T�. p Street,Apt.%vo.; -------L=Danny-P he-._ r- or PO Box No. 84 Compass -------------------------------------- 15;W. it City Sfaie,zNorth Andover, A 01845, PS Form 3800,August 2006 See Reverse for Instructions Certified Mail Provides: ■ A mailing receipt --� ■ A unique identifier for your mailpiece 'I ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Maile or Priority Mail& ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for' a duplicate return receipt,a USPSe postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. t IMPORTANT-Save this receipt and present it when making an inquiry.`t PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 ■ Compl item 4 if-Restricted-Delivery is'desired. r - ID Agent ■ Print your name and address on the reverse XCAA G C ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, G, or on the front if space permits. - 1. Article Addressed to: D. Is delivery address different from Item 1? ❑Yes If YES,enter delivery address below: 11 No Danny Pelache 84 Compass Point Road 3. Service Type North Andover,MA O 1845 C3 Certified Mail® O Priority Mail Express"" ❑Registered E3 Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 014 015 0 0001 4 818 4521 (Transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt # IGNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4© in this box* I Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01845 Postal CERTIFIED o Domestic RECEIPT For delivery information,visit our w1absite at wwwwspsxomo.a OFFICIAL V-SE co N ru Postage $ - 01,9 O Certified Fee , Postm cD [-3 Return Receipt Fee r " cc C3 (Endorsement Required) . H� M Restricted Delivery Fee C:3 (Endorsement Required) fid r—1 Total Postage&Fees s 77 C1J Sent To Michael Yoshio Iwamura - -- - --•------- _ - -------•------- © Street&xNo. .' 86 Compass Point Road - ,ti or PO Box No. cry stare ziP+a' -Nort�'Aridover; PS Form :r0 Certified Mail service provides the following benefits: ■A Certified Mail receipt(this portion of the mailpiece;include applicable postage to Certified Mail label). cover the return receipt service fee;and ■A unique identifier for your mailpiece. + endorse the mailpiece"Return Receipt _ ■Electronic verification of delivery or attempted Requested,"or see a retail associate for delivery. assistance.For an electronic return receipt,,. +A record of delivery(including the recipient's see a retail associate for assistance.To } signature)that is retained by the Postal receive a duplicate return receipt,present Service®for a specified period. this USPS®-postmarked Certified Mail receipt to the retail associate,who will Important Reminders.- provide a duplicate return receipt for no ■You may purchase Certified Mail service with additional fee. First-Ciass Mail®,First-Class Package -Restricted deliveryservice,which provides" Service®,or Priority Mail1e service. delivery to the addressee specified by name, ■Certified Mail service is notavailable for or to the addressee's authorized agent. r I international mail. Include applicable postage to cover the ■Insurance coverage is notavailable for restricted delivery fee and endorse the purchase with Certified Mail service.However, mailpiece"Restricted Delivery,"or see a the purchase of Certified Mail service does not retail associate for assistance. change the insurance coverage automatically ■To ensure that your Certified Mail receipt is L ' included with certain Priority Mail items. accepted as legal proof of mailing,it should t ■For an additional fee,you may request the bear a USPS postmark.If you would like a - following services: postmark on this Certified Mail receipt,please -Return receipt service,which provides you present your Certified Mail item at a Post with a record of delivery(including the Office'"for postmarking.If you don't need a ` recipient's signature).You can request a postmark on this Certified Mail receipt,detach hardcopy return receipt or an electronic the barcoded portion of this label,affix it to the version.For a hardcopy return receipt, mailpiece,apply appropriate postage,and complete PS Form 3811,VomesticRetum deposit the mailpiece. Receipt attach PS Form 3811 to your IMPOmarm Save ibis receipt for your records. Ps Fom 3800,July 2014(Reverse)PSN 7530.02-000-9047 SENDER: COMPLETE THIS SECTION COMPLETETHIS SECTION ON DELIVERY ■ Complete items 1,2,and S.Also complete A. SipnqZwe item 4 if Restricted Delivery is desired. 0 Agent 01 Print your name and address on.the reverse X �J, i ❑Addressec so that we can return the card to you. B. Received by(Printed Name) C. Date of Deliver) ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item t? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: O No Michael Yoshio lwamura 86 Compass Point Road 3. service Type North Andover, MA 01845 ❑certified Mail O Express Mail ❑Registered 0 Return Receipt for Merchandise 0 Insured Mail ❑C.O.D. 4, Restricted Delivery?(Extra Fee) O Yes z. Article Number I - ' '7 014 2120 0000 8228 7 411 (Transfer from service label) i PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154 UNITED STATES POSTAL SERVICE a First-Class Mail Posta &Fees Paid Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 In this box • Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01845 Postal CERTIFIED o RECEIPT o Domestic ra For delivery information,visit our website at www.usps.coT11. m ,-p $Certified Mail Fee 7171 Extra Services&Fees fcheckbox addles�/ap �) �)',� •�r�"� t ❑Return Receipt(mdcopv) $ ❑Retum Receipt(electronic) $ Q' Postmark ❑Certified Mail Restricted Delivery $ .= Here []Adult Signature Required $ JQAI t ❑Adult Signature Restricted Delivery$ tY `� 2016 =1 Postage ZJ $ o q Total PoTge and Fees C, .11 S $ JJ Sent To Benjamin Farnum Srreei andApt No:;of lAarf1Y[m- lTuet."..'-------"".----- ------ - t crit',sfefe;zip:d7----Noi*-Aa4ove, ;-MAS-04845-----------------=- Certified Mail service provides the following benefits: ■A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail ■A unique identifier for your mailpiece. associate for assistance.To receive a duplicate ■Electronic verification of delivery or attempted return receipt for no additional fee,present this , delivery. USPS®-postmarked Certified Mail receipt to the ■A record of delivery(including theAlpients retail associate. signature)that is retained by the Postal Service'" Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent Important Reminders. Adult signature service,which requires the 1 ■You may purchase Certified Mail service with signee to be at least 21 years of ago(not -- First-Class Mail®,First-Class Package Service®, available at retail). I; or Priority Mail®service. -Adult signature restricted delivery service,which ■Certified Mail service is notavailable for requires the signee to be at least 21 years of age international mail. and provides delivery to the addressee specified-• ■Insurance coverage is notavailable for purchase by name,or to the addressee's authorized agent, with Certified Mail service.However,the purchase (not available at retail). z of Certified Mail service does,not change the ■To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mail items: USPS postmark.it you would like a postmark on f.; ■For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office—for the following services: postmarking.if you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion... of delivery(including the recipient's signature). of this label,affix It to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Retum Receipt;attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your records. Ps Form 38O0,April 2015(Reverse)PSN 7530-02-000.8047 -uerrrw-�rnesmctea-ueuvery-is aesirea. 0 AAddressee dent"— Print your name and address on the reverse so that we can return the card to y, u. y rinted Name) c. Date Pf Deilivery Attach this card to the back of the mailpiece, or on the front if space permits. D. is delivery address di erent from it m 1? Yes Article Addressed to: If YES,enter delivery address bel o 0 No Benjamin Farnum 397 Farnum Street North Andover, MA 01845 3. Service Type 0 Certified Mail® 0 Priority Mail Exprese 0 Registered 0 Return Receipt for Merchandise I❑Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) E3 Yes Article Number 7 014 0150 0001 4 818 4576 (transfer from service label} 3 Form 3811,July 2013 Domestic Return Receipt UNITED STATES POSTAL SERVICE First-Class Mail 11 Postage&Fees Paid'1 i USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4® in this box• Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 i North Andover, Ma 01845 1 A , U.S. Postal ServiceTM CERTIFIED MAILT. RECEIPT U (Domestic Mail OnlyflVo Insur'ance Coverage Provided) J For delivery Information visit our website at www.usps.come ,} �> AiJ 8 ., r1 :3 Postage $ Certified Fee Pdstma ReturnReceipt Fee ; /A� .Here ' :1 (Endorsement Required) o t7 O Restricted Delivery Fee \ �f (Endorsement Required) 6' =1 Total Postage&Fees I,$ U Sent To John C. Farnum Estate ---------------- -- --------- ----------------------------- orPO oxIVo: 426 Famum Street ` or PO Box N-- - - Ciry State;ziP+alVo'rfFi"Aridove"r,"1�IA"U"I84F5-------------------------- PS ----- :00 August 2006 See Reverse for InstructioiLz Certified Mail Provides: ■ A mailing receipt J. ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders. ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Maile. ■ Certified Mail is not available for,any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of. delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPSe postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking.,If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 2-1 SENDER: / ON DELIVERY ■ Complete items 1.2,and 3.Also complete I g. ig reitem 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse ❑Addressef so that we can return the card to you. eive (Printed Name) C: to ofi eliver) ■ Attach this card to the back of the mailpiece, or on the front if space permits. I .. 1. Article Addressed to: D. Is delivery address different from item 1? 13 Yes If YES,enter delivery address below: ❑No John C. Farnum Estate 426'Farnum Street North Andover; MAO 1845 3. Service Type ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) p Yes 2. Article-Number `� --- (Transfer from service label,.'=! D�_'2 1010 DDD 1 10 51 .4570 PS Form 3811, February 2, 004 Domestic Return Receipt 102595-02-M-154 UNITED STATES POSTAL SERVICE First-Class Mail ° Postage&Fees Paid USPS Permit No.G-10 •Sender.: Please print your name, address, and ZIP+4 in this box • Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01845 II Postal CERTIFIED MAILT. RECEIPT 3 1: (Domestic Mail Only;No Insurance Coverage Provided) t -n 2- For delivery Information visit oui��iebSlte al, a Postage $ Certified Fee . ��VJJ Postmark y :3Return Receipt Fee JAN _ CIOr =3 (Endorsement Required) / r?Q16 Restricted Delivery Fee y _ �QD (Endorsement Required) ASPS a Total Postage$Fees $ senrro U John C.Farnum,Estate .......... or � sneer,Apr.No.; 426"Farriu-mr ' '"""".".." ` or PO Box No. C-- State,ZlP+4 �l$45-----_-------------- ityPS Form :00 August 2006 See Reverse for lnstructi9A-, Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Posal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Maile. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Retum Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mail piece."Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPSe postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. ' IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 COMPLETE • •MPLETE THIS SEC T.-ON ON DELIVERY ■ Complete items 1, 2,and 3.Also Agent complete �- ❑A item 4 if Restricted Delivery is desired.'' 9 ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. ce' y(Printed Name) C. D e of; elivery ■ Attach this card to the back of the mailpiece, I —7 or on the front if space permits. b' c' D. Is delivery address different from item 1? ❑ e I. Article Addressed to: If YES,enter delivery address below: 13 No John C. Farnum Estate 426 Farnum Street 3. service Type North Andover, MA 01845 ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes !. Article Number (Transfer from service fabeQ 7012- 1010 0001 1051 4662 1 'S Form 3811, February 2004 Domestic Return Receipt - 102595-o2-M-sac r 1 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Town of North Andover f Zoning Board of Appeals 1600 Osgood Street-Suite 2035 d North Andover, Ma 01845 �j !Ij U.S. Postal Service'" CERTIFIED MAILO RECEIPT 'rt •. mestic Mail Only "I"* For delivery information,visit our website at W-WW-.U-Sp-S-.C-Om-O. -y Certified aillFee _UExtra Services&Fees(chackbox,add ❑ Return Receipt(hardtop» $ ❑Retum Receipt(alettronlo) $ t-- r Postm E]Certified Mall Restricted Delivery $ 'AN re.r � ❑Adult Signature Requlred $ 4 O 1 _ []Adult Signature Restricted Delivery ::3 Postage Q Li $ f; 19 (/e�?S -q To Pq arid Fees -q /f 117 -f P Sent To 4 2 8wn-Street-------------------- Stieet andApt:No., r Box o. ---------------- North Andover MA 01845 ---- ---------•---------z------------------------ C/ry"state;ZlP+4 "" :xx Apri 12015xr Certified Mail service provides the following benefits: ■A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail ■A unique identifier for your mailpiece. associate for assistance.To receive a duplicate ■Electronic verification of delivery or att6mpted_ return receipt for no additional fee,present this delivery. • USPS®-postmarked Certified Mail receipt to the ■A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal Service- Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent Important Reminders. Adult signature service,which requires the ■You may purchase Certified Mail service with signee to be at least 21 years of age(not Frst-Class Mail®,First-Class Package Service®, available at retail). or Priority Mail®service. Adult signature restricted delivery service,which ■Certified Mail service is not available for requires the signee to be at least 21 years of age international mail. and provides delivery to the addressee specified ■Insurance coverage Is notavailable for purchase by name,or to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the ■To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mail items. USPS postmark.It you would like a postmark an ■For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Cerlified Mail item ata Post Office-for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion." of delivery(including the recipient's signature). of this label,affo(it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. i electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Retum Receipt;attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your records. PS Form 3500,April 2015(Revere)PSN 7530-02-000.9047 zfl iENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. ign ur ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. ❑Addresser ■ Attach this.card to the back of the mailpiece, 7714eceivedAyfVrinted Name) C. Da of, eliven or on the front if space permits. ol ( I 1/17(11/7 1. Article Addressed to: D. Is delivery address different from item 1? b If YES,enter delivery address below: ❑No Benjamin Farnum 426 Farnum Street North Andover, MA 01845 3. Service Type ❑Priority.Mail Express® II I VIII)IIII III I I I I I VIII VIII I II I I III I II I III ❑Adult Signature ❑Registered Mail O Adult Signature Restricted Delivery ❑Registered Mail Restrict C1 Certified Mail® Delivery R 9590 9403 0923 5223 1804 15 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise on ❑Collect Delivery Restricted Delivery ❑Signature ConfirmatloW Article Number(Transfer from s".labeD_: .-- _ 3i1 ❑signature Confirmation -. t 7x.15 15 2 0' 0 D 1 .2 3:6 3' 41113 i it Restricted Delivery Restricted Delivery- 'S Form 3811,July 2015 PSN 7530-02=000-9053 Domestic Return Receipt USPS TRACKING# ._ First-Class Mail Postage&Fees Paid USPS Permit No.G-10 9590 9403 0923 5223 1804 15 United States •Sender:Please print your name,address,and ZIP+4®in this box* Postal Service Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01845 U.S. Postal Service'" o . cc Domestic Mail Only ti For defive Wormation,visit our website at www.usps.como. ru ru Postage $ U MA d 7 Certified Fee ' 0 4�y 0 4 s O Return Receipt Fee Pow p (Endorsementftequired) �6 cp Restricted Delivery Fee (Endorsement Required) rU r-I Total Postage&Fees $ U� 7u =r sent To James Williams ------ - Street&Apt.No„ g0 compass 7soint 1Zoac7 _ or PO Box No. lbf�4-fli8��--•--------- Certified Mail service provides the following benefits: ■A Certified Mail receipt(this portion of the mailpiece;include applicable postage to Certified Mail label). cover the return receipt service fee;and ■A unique identifier for your mailpaew �Ie endorse the mailpiece"Return Receipt ■Electronic verification of delivery or attempted Requested,"or see a retail associate for delivery. assistance.For an electronic return receipt, ■A record of delivery(including the recipient's see a retail associate for assistance.To - signature)that is retained by the Postal receive a duplicate return receipt,present Service®for a specified period. this USPS®-postmarked Certified Mail Important Reminders: receipt to the retail associate,who will provide a duplicate return receipt for no ' •You may purchase Certified Mail service with additional fee. First-Class Mail®,First-Class Package Restricted delivery service,which provides serviceO,or Priority MaiI0 service. delivery to the addressee specified by name, •Certified Mail service is not available for or to the addressee's authorized agent. international mail. Include applicable postage to cover the ■Insurance coverage is notavailable for restricted delivery fee and endorse the purchase with Certified Mail service.However, mailpiece"Restricted Delivery,'or see a the purchase of Certified Mail service does not retail associate for assistance. change the insurance coverage automatically ■To ensure that your Certified Mail receipt Is - included with certain Priority Mail items. accepted as legal proof of mailing,it should ■For an additional fee,you may request the bear a USPS postmark.If you would like a -% following services: postmark on this Certified Mail receipt,please t Return receipt service,which provides you present your Certified Mail item at a Post with a record of delivery(including the Office—for postmarking.If you don't need a recipient's signature).You can request a postmark on this Certified Mail receipt,detach, hardcopy return receipt or an electronic the barcoded portion of this label,affix it to the) version.For a hardcopy return receipt, mailpiece,apply appropriate postage,and -f complete PS Form 3811,Domestic Retum deposit the mailpiece. Receipt;attach PS Form 3811 to your IMPORTANT:Save this receipt for your records. PS Form 3800,JU1Y 2014(Reverse)PSN 7530-02-000-9047 ZENDER: COMPLET,15 THIS SECTION COMMETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Si ature item 4 if Restricted Delivery is desired. ©Agent X ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you.. B. Received iiy(Printed Name) C. Date of Delivery ■ Attach this card to the back of the maiipiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No James Williams 80 Compass Point Road North Andover,MA 01845 3. service Type Ci Certified Mail Q Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes ?. Article NumberI I 7014 '2120 '000 8228 7428 (Transfer from service label) ! DS Form 3811, February 2004 Domestic Return Receipt +02595-02-M-1540 UNITED STATES POSTAL SERV},-E. First-Class Mail Pgst�g USP6e&Fees Paid Permit No.0-10 • Sender: Please print your name; address, and ZIP+4 in this box • Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 north Andover, Ma 01845 U.S. Postal Service-r. CERTIFIED MAILT. RECEIPT J3 (Domestic Mail Only;No Insurance Coverage Provided) n For delivery information visit ome Four...A L US rr - Postage $ A�aUOVER Certified Fee Postmark Retum Receipt Fee ✓A ere M , Z) (Endorsement Required) �5 AN ?016 Restricted Delivery Fee :3 (Endorsement Required) n a Total Postage&Fees Sent To a --------------------- Benjamin Farnum Street Apt.No.; or PO Box No. 391 Farnum Street -lt!Yr'1.Oj-S4`�---------------._.. :rr August 2006 See Reverse for Instructions Certified Mail Provides: ■ A mailing receipt ._ ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is notavailable for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof'of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee-or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry.` PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 SENDER: COMPLETE THIS SECTION COMPLETE TNIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. at e ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiec dbf &ed Nam 4D!atf_ elivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from ite If YES,enter delivery address below: p No Benjamin Farnum 426 Farnum Street North Andover, MA 01845 II I III III IIII III I I I I III II IIII I I II I I.I I I IIII III ❑AdulServiceSignature Restricted Delivery ❑RDg ee Cl tered Mail Mall Re�tt 11 Certified Mail@ 9590 9403 0923 5223 1804 08 0 Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise -2.-Article-Number_Oiansfer_fcoirr servicelabeD....x, ❑Collect on Delivery Restricted Delivery O Signature Confirmation'' r r _ Pd Mail ❑Signature Confirmation 7d!5 '115'2b! I ' d 0'1 123L3` 4110 ,d Mail Restricted Delivery Restricted Delivery —3s00) Ps Form 3811,July 2015 PSN 7530-62-000-9053 Domestic Return Receipt USPS TRACKING# First-Class Mail Postage&Fees Paid USPS ti Permit No.G-10 9590 9403 0923 5223 1804 08 United States •Sender:Please print your name,address,and ZIP+4®in this box• Postal Service Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01 845 t` U.S. Postal Service-r. CERTIFIED MAILT.-RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) ti information-J3 For delivery • e 3 �'ae e8 - Ln C3 �\ O Postage $ rq Certified Fee r-1 ° i� � ` Pastmic O O Return Receipt Fee O (Endorsement Required) i G Here�O6 l �4cb Restricted Delivery Fee l�A r3 (Endorsement Required) O Total Postage&Fees is rq Sent To Forest View Homeowners Assoc. ------------------------------- ---------------------------------------- — Street,Apt.No.; -- --- orPOBoxNo. 49 Garnet Circle City State,ziP+4'" ort7i PS Form :r• August 2006 See Reverse for Instructions Certified Mail Provides: ■ A mailing receipt ` ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mai(. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking.,If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. ~ PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 -;ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1.2, and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. I. Article Addressed to: D. Is delivery address different from item 1? 11 Yes If YES,enter delivery address below: ❑No Forest View Homeowners Assoc. 49 Garnet Circle 3, service Type North Andover, MAO 1845 ❑Certified Mail ❑ Express Mail ❑Registered O Return Receipt for Merchandise ❑Insured Mail ❑-C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes >., Article Number (!ransfer from servfce label). ?012 ' 1010 0001 10514624 IS Form 3811. February 2004 Domestic Return Receipt 102595,02-W154 UNITED STATES.POSTAL SERVICE First-Class Mail I Postage&Fees Paid USPS Permit No. G-10 • Sender,: Please print your name, address, and ZIP+4 to this box • Town of North Andover Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover, Ma 01845 U.S. Postal Service-r. CERTIFIED MAILT. RECEIPT r Only; For delivery information visit our website at www.usps.come f , Postage $ Certified Fee ' � Po t ark Return Receipt Fee - Cpta (Endorsement Required) r ��, Restricted Delivery Fee �-/� (Endorsement Required) �SpCJ M Total Postage&Fees $ --q r nu Sent To Beverly Murphy � -------------- ---- ------------ o --------------92-Choint�oad-�- f..- or PO Box No. City Sraie,Z%P+----------- 'orCh'A:rtdaver;M7t-©t-945---------- PS Form :00 August 2006See Reverse for Instructin Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders. ■ Certified Mail may ONLY be combined with First-Class Maile or Priority Maile. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For. valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPSo postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ' ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 iENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also completd''' A. Signature item 4 if Restricted Delivery is desired. 0 Agent X ■ Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. . D. Is delivery address different from item 1? ❑Yes I.. Article Addressed to: If YES,enter delivery address below: ❑No Beverly Murphy 82 Compass Point Road North Andover, MA 01845 3. Service Type 0 Certified Mail ❑Express Mail 0 Registered ❑Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes t. Article Number Fs 7 0]�2 1010 0001 10 51 4297 (Transfer from service label) _ �S Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 A UNITED STATES POSTAL SERVICE First-Class Mall i Postage&Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4.in this box • K Town of North Andover K Zoning Board of Appeals 1600 Osgood Street-Suite 2035 North Andover,Ma 01845 i U.S. Postal Service'r. CERTIFIED MAIAIT. RECEIPT 'O (Domestic Mail Only; s For delivery Information visit our website at WWW.USPS.COMO Ln O Postage $ O0, Certified Fee ? P t CI Return Receipt Fee J �+r y, O (Endorsement Required) t ,j �O CI v 0 Restricted Delivery Fee C3 (Endorsement Required) C] Total Postage&Fees s PS. , r9 fU Sent To DanielGill----------------------------------------- Street,Apt.No.; 1.,- or PO Box No. 10 Colonial Avenue City State.ZlP+4 ---------------- ---- ------ North Andover, MA 01845 Certified Mail Provides:- ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Maile. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 ZENDER:COMPLETE THIS SECTION CO*,LETE TAIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature; ❑_ _ item 4 if Restricted Delivery is desired. Agent X El ■ Print your name and address on the reverse so that we can return the card to you. B.4eceived by(Printed Name) C. Date of Delivery in Attach this card to the back of the,mailpiece, or on the front if space permits.- t. Article Addressed to: D. Is,delivery address different from item 1? ❑,Yes If YES,enter delivery address below: ❑No Daniel Gill . 10 Colonial Avenue a. Service Type North Andover, MA 01845 o Certified Mail 0 Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured.Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee), ❑Yes. Article Number ' (Transfer from service label) 7 612'' 1'010 0 0 01 10 51 4 64 8 'S Form 3811. February 2004 Domestic Return Receipt 102595-02-M-154( UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No. G-10 • Sender:Please print your name, address, and ZIP+4 in this box • I k Town of North Andover �t Zoning Board of Appeals k 1600 Osgood Street-Suite 2035 North Andover,Ma 01845 Town of North Andover ZONING BOARD OF APPEALS 2015 DEC -3 pr I: Albert P.Manzi III,Esq.Cbaimlan 20 Ellen P.McIntyre,Vice-Chaimraa NORT/y q Richard J.Byers,Esq.Clerk �r+A�■n :°*e xp T-0 st H di; Joseph D.LaGrasse o NORTH _04 C,°VU1 Richard M.Vaillancourt e � �p i � AxraiafeMembea !1J fti f , Thomas D.Ippolito . Daniel S.Braese,Esq.- �y °+�r■o►*"�4`� Michael P.11porto s�AC Hil`+tit Town Clerk Time Stamp - -Date- e !� Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North. Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Permit Comprehensive Permit(40B) Finding for property located at: STREET: MAP: PARCEL: TOWN: North Andover, MA 01845 TO MEETING DATE(S): - NAME OF PETITIONER: 43,•ir� �- vf✓ T' SIGNED: Petr 1 er's representative) y 1600 Osgood St:,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone 978-688-9541 Fax-978-688-9542 Web-www.townofmorthandover.com " ZBA 610, Date ..' �.�...!.. ..t� . °F &ORrN.4� - F�•`�= °�9 TOWN OF NORTH ANDOVER ° = RECEIPT This certifies that.3 1 1a .no.o...!-:�auo.......... �? . haspaid.............Q9.1-,.9-7........................................................... for ....k.b. �T�tr.is......4� .'...... .. `�!. .. r Received by t,1 S �............ . ............. ....CR.h. ....... ....... Department...... .�...................................................................... WHITE: Applicant CANARY:Department PINK:Treasurer ZBA , '-an= t ". . ...t� .... . OF NORTH,� TOWN OF NORTH ANDOVER RECEIPT ,`rS'4CHUSE� This certifies that . . .. .� ... .. .... --.. _.�i. ..:� ..... ��`, ��.�,� haspaid...... --.... p . . ... q.. ............................................................ .. .f�:��1� for . :f .�.-:.f... .. .......co.d.........t ��. }. . . . i _ rvi e Received by .��.:.:�..�.:. ....��.::....�........._.:...�.�..�.:�..........................: Department...... ....................................................................... WHITE: Applicant CANARY:Department PINK:Treasurer ZBA 60 0 TOWN OF NORTH ANDOVER RECEIPT CHU This certifies that.31-v,-M V�on L-CAW .................................................................................. haspaid..... ........ ................................................... for ....... ............................................... Received by.................. ............. ail Department..............4-:o.n............................................................... WHITE: Applicant CANARY:.Department PINK:Treasurer F - , ZBA +I Date . : 1j. .... y :. O�NORT/.r TOWN OF NORTH ANDOVER . " � RECEIPT ..� �,SS4CHU I T! This certifies that.L .... - .. ..... : w....r. -'`3 -..` >: t haspaid............. • ..:.. .O............................................................ f ff for. .t..f. .. . ............e.............. Received by............ 4.. : . ..f(_.....!� ., . ���. ...:). .................. j ............� --� ........................ Department. ....................................... WHITE: Applicant CANARY:Department PINK:Treasurer Chase, Merylle From: Thomas Urbelis <tju@uf-law.com> Sent: Monday,January 11, 2016 4:45 PM To: Chase, Merylle Subject: FW: Introduction Attachments: Introduction.docx Merylle...........Chairman Manzi asked that I review the documents that have been filed by National Refrigeration and to comment upon them. Based upon my review of the documents (and with the caveat that I have not heard any presentation to the Board)enclosed is a draft of part of a possible decision for the Board to consider. Could you please distribute this email and attachment to all Board members.Again,these comments might be modified based upon testimony that might be presented to the Board at their upcoming meetings.Thank you. Tom Urbelis 1 R 4 R Introduction On or about September 18, 2015 National Refrigeration, Inc. ("National")was informed that$58,107 was the amount due for the plumbing permit fees for the project at 16 Berry Street. On September 22, 2015, the office of Attorney Francis A. Shannon III, on behalf of National, by way of a letter to the Building Inspector made the inquiry advising that National had calculated the "Minimum Fee"based on the type of construction and number of units as well as the fee based on the cost of plumbing construction per the Town's published Plumbing Permit Fees, effective as of July 1, 2002 and calculated the plumbing permit fees far less than the aforesaid fees quoted. On September 23, 2015, Mr. Brown,by way of electronic mail, replied advising the method for which the plumbing permit fees were calculated,which confirms the plumbing permit fees are based on the total cost of the Project($38,737,375.00),rather than the plumbing Subcontract cost performed by National ($2,140,000.00), On October 26, 2015 Attorney Shannon wrote to the Zoning Board of Appeals stating: "Accordingly,National hereby appeals the determination made by Mr. Brown and the reasonableness of the plumbing permit fees assessed by the Building Department to compensate the Town for its anticipated regulatory expense. Please docket the aforesaid appeal and advise the undersigned of the docket number and hearing date." According to National's application(footnote 1): "On October 27, 2015,National Refrigeration simultaneous to this appeal, filed an application for appeal with the State Building Code Appeals Board. On November 16, 2015, the State Building Code Appeals Board returned National Refrigeration's application for appeal advising the State Building Code Appeals Board does not have jurisdiction to hear disputes concerning plumbing permit fees assessed by the Town of North Andover." National also describes its appeal as a Request for Finding by stating: "Accordingly,National Refrigeration hereby appeals the determination made by Mr. Brown and requests a Finding that the plumbing permit fees charged to v National Refrigeration are excessive in relation to the Building Department's regulatory expenses." National has not presented any evidence that its appeal was filed with the Office of the Town Clerk. Analysis Apparently,National is invoking M.G.L. ch. 40A, §8 as jurisdiction for this Board to hear its appeal. Pursuant to M.G.L. ch. 40A, §8, an appeal to the Zoning Board of Appeals may be taken by any person"aggrieved by an order or decision of the inspector of buildings ..." M.G.L. ch. 40A, §15 states in part: "Any appeal under section eight to a permit granting authority shall be taken within thirty days from the date of the order or decision which is being appealed. The petitioner shall file a notice of appeal specifying the grounds thereof, with the city or town clerk, and a copy of said notice, including date and time of filing certified by the town clerk, shall be filed forthwith by the petitioner with the officer or board whose order or decision is being appealed, and to the permit granting authority, specifying in the notice grounds for such appeal. Such officer or board shall forthwith transmit to the board of appeals or zoning administrator all documents and papers constituting the record of the case in which the appeal is taken." (emphasis supplied) 1. Filing with the Town Clerk In deciding a case under §16 of former M.G.L. Chapter 40A,the Court stated in Greeley v. Zoning Board of Appeals of Framingham, 350 Mass. 549 (1966): "The procedure for obtaining review under §16 is plain and unambiguous. `Any appeal under section thirteen shall be taken within thirty days ... by filing a notice of appeal ... with the city or town clerk'(emphasis supplied). The filing of an appeal with someone other than the official designated by the statute is not an effective filing and does not confer jurisdiction. See Kravits v. Director of the Div. of Employment Security, 326 Mass. 419, 421-422;Estey v. Director of the Div. of Employment Security, 338 Mass. 797. National has not presented evidence that its appeal of Mr. Brown's determination was filed with the Town Clerk at any time,much less within the 30 days (from September 23, 2015) required by law. 2. Within 30 days By September 18,National was aware of the amount of the filing fee. On September 23, 2015 the Building Inspector confirmed,by electronic mail,the amount of the filing fee. This purported"appeal"was dated October 26, 2015, which is beyond the mandated 30 days as stated in G.L. ch. 40A, §15. It is well established that filing the"appeal"beyond 30 days deprives this Board of judication to make a decision on the merits of the appeal. See Gallivan v. Zoning Board of Appeals of Wellesley, 71 Mass.App.Ct. 850, 857 (2008); Connors v. Annino, 460 Mass. 790 (2011); Miles-Matthias v. Zoning Board of Appeals of Seekonk, 84 Mass.App.Ct., 778 (2014) Accordingly, since this Board does not have jurisdiction to decide National's appeal of the Building Inspector's decision for the reasons stated herein, the appeal and Request for Finding are denied. 0 0 P. 1 Communication Result Report ( Nov. 24. 2015 9: 55AM ) 1) Town of North Andover 2) Comm u n i t y D e v e l o p m e n t Date/Time: NDV. 24, 2015 9: 51AM File Page No. Mode Destination pg (s) Result Not Sent ---------------------------------------------------------------------------------------------------- 6129 Memory TX 819788243996 P. 11 OK ---------------------------------------------------------------------------------------------------- Reason for error E. 1) Hang up or 1 i n e fa �. I E. 2) Busy E. 1) No ansvier E. 4) No facsimile connection E. 5) Excezdzd max. E—mall size E. 6) Destination does not support IP—Fax ZONING BOARD Of APPEALS :r (mmeueill Derelopmal Division ... FA%TRANSMISSION tNI Mon Zi FAX NUREB7E1t: FROM: Tawu of NorO Andvw Zuoiuy$uerd efAppeelx - 3609 Gaal s:root FAM 979-US-9542 • WMNE:97"W"4i .C.W&Fags: R O - DAM �) �ay �a0i5 "Ott tav�nP_al a�- Fete's Itemaar9o: 1603 DsSo.d Sb.o44"A.d.vm,M—huoota Dlbdf ?how 978ddd.9591 fox 975=356 Web w ..roxe.lmabe.do m.rme OFVaOSM4 tt�eo r6 q1'6 ti �SSACHUS�� ZONING BOARD OF APPEALS Community Development Division 1 FAX TRANSMISSION FAX NUMBER: g y 3 FROM: Town of North Andover Zoning Board of Appeals 1600 Osgood Street FAX: 978-68&9542 PHONE: 978-X88-9541 Cover& Pages: o� Date: � � � y1,� � a o Subject: C) 1 ff� � S re e Sf Remarks: 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web WWW.tOWnOfnorthandever.com Chase, Merylle From: Chase, Merylle Sent: Tuesday, November 24, 2015 11:21 AM To: 'sssmith@shannonlawassociates.com' Subject: Appeal Request Attachments: 201511241117; Find ing06-02-15.pdf,WaiveTimeConstraint.pdf Hello Shane, Attached please find: • Applicant Instruction sheet. • Finding Application • Waiver of Time Constraint He deadlines are as follows Meeting Date January 12, 2016 Application Deadline December 17, 2015 Legal Notice Deadline December 23, 2015 Legal Notice Publication Dates December 29, 2015 &January 05, 2016 Upcoming Meeting Documentation Deadline December 30, 2015 Thank you, Merylle Merylle C Chase Department Assistant Zoning Board of Appeals Division of community and Economic Development i 3 C) Town of North Andover 1600 Osgood Street �n'1 �� �. S kC�n e mi North Andover,MA 01845 ► l Phone 978-688-9541 Email mchase@townofnorthandover.com Web www.TownofNorthAndover.com a shanr�onla�o�ssoctc�-i'es ,C�m 1