HomeMy WebLinkAboutMiscellaneous - 18 BLUEBERRY HILL LANE 4/30/2018TO
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March 18, 2005
James & Phyllis Davies
18 Blueberry Hill Lane
North Andover, MA 01845
Dear Mr. & Mrs. Davies:
Please be advised that it has been reported to this department that there is a contracting business being
operated out of your residence. The specific business being a commercial landscaping company which is not
allowed under the zoning bylaws of the Town.
The Zoning Bylaw specifically state's "For use of a dwelling in any residential district or multi -family district
for a home occupation, the following conditions shall apply:
a. Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be
the owner of the home occupation and residing in said dwelling.
b. The use is carried on strictly within the principal building.
c. There shall be no exterior alterations, accessory buildings or displays which are not customerary with
residential buildings.
d Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to
exceed one thousand (1000) square feet, is devoted to such use. In connection with such use, there is to be
kept no stock in trade, commodities or products which occupy space beyond these limits.
e. There will be no display of goods or wares visible from the street.
f. The building or premises occupied shall not be rendered objectionable or detrimental to the residential
character of the neighborhood due to the exterior appearance , emission of odor, gas, smoke, dust,
disturbance, or in any other way become objectionable or detrimental to any residential use within the
neighborhood
g. Any such building shall include no features of design not customary in buildings for residential use.
Please be further advised that the Zoning Bylaw also states that " whoever continues to violate the provisions
of the bylaw after written notice from the Building Inspector demanding an abatement for such violation shall
be subject to a fine of three hundred ($300) dollars. Each day that such violation continues shall be. considered
a separate offense.
Please contact me so that we may begin the process to remedy this issue in a timely manner. I may be reached
between the hours of 8:30 — 10:00 AM and 1:00 — 2:00 PM at 978-688-9545.
Respectfully
Michael McGuire
Local Building Inspector
.G..1�V,."N}}r4 �:�P ha u .£ ��.��.!`?aAz 5.g..�..''-.�.�5`°a,00 Osgood Street01845
Offlce of the
oSSIOUCT
March 18, 2005
James & Phyllis Davies
18 Blueberry Hill Lane
North Andover, MA 01845
Dear Mr. & Mrs. Davies:
Please be advised that it has been reported to this department that there is a contracting business being
operated out of your residence. The specific business being a commercial landscaping company which is not
allowed under the zoning bylaws of the Town.
The Zoning Bylaw specifically state's "For use of a dwelling in any residential district or multi -family district
for a home occupation, the following conditions shall apply: .
a. Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be
the owner of the home occupation and residing in said dwelling.
b. The use is carried on strictly within the principal building.
c. There shall be no exterior alterations, accessory buildings or displays which are not customerary with
residential buildings.
d Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to
exceed one thousand (1000) square feet, is devoted to such use. In connection with such use, there is to be
kept no stock in trade, commodities or products which occupy space beyond these limits.
e. There will be no display of goods or wares visible from the street.
f. The building or premises occupied shall not be rendered objectionable or detrimental to the residential
character of the neighborhood due to the exterior appearance , emission of odor, gas, smoke, dust,
disturbance, or in any other way become objectionable or detrimental to any residential use within the
neighborhood.
g. Any such building shall include no features of design not customary in buildings for residential use.
Please be further advised that the Zoning Bylaw also states that " whoever continues to violate the provisions
of the bylaw after written notice from the Building Inspector demanding an abatement for such violation shall
be subject to a fine of three hundred ($300) dollars. Each day that such violation continues shall be considered
a separate offense.
Please contact me so that we may begin the process to remedy this issue in a timely manner. I may be reached
between the hours of 8:30 — 10:00 AM and 1:00 — 2:00 PM at 978-688-9545.
Resp/eecMilly
Michael McGuire
Local Building Inspector
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TOWN OF NORTH ANDOVER
Building Department
400 Osgood Street
North Andover MA 01845
Tel: (978) 688-9545 Fax (978) 688-9542
COMPLAINT FOR INVESTIGATIOrGN
DATE:-Tc,li �a 2- 2 31 20c , TEL #:
FROM: CW ax- ��2 nn s
ADDRESS: [q �"] ��� `t13.
COMPLAINT AGAINST:
Electrical:
Plumbing:
Gas:
Building Contractor:
Property Owner `j -iyy-,� 4
Address
Other: �C , L,04ql
Signed: _
Revised 11.5.04
JAN 2 4 2006
BUILDING (DEPT,
4
a
ATTORNEYS AT LAW
BARNARD BUILDING
10 MAIN STREET • SUITE L-9 • ANDOVER,
9781749-3600 v
July 7, 2004
CERTIFIED MAIL
James and Phyllis Davies
18 Blueberry Hill Lane
North Andover, MA 01845
Dear Jim and Phyllis:
I am writing this to address the concerns of several of your neighbors as well as my own
regarding the commercial landscaping operation being operated from your home as well as the
vehicles that are now being parked in your driveway. As you know, back in March, 2001. I
spoke to you about this ongoing problem and you assured me that you would use all efforts to
secure another place to park your truck and trailer. Unfortunately, not only did you fail to do so.
you have added to the fleet of vehicles by parking a very large black dumptruck in the driveway as
well. Additionally, the number of vehicles that are being parked in the street by your employees
has also become a further cause for concern. The operation of a commercial business such as this
in a residential neighborhood poses serious health and safety issues. Given the increased traffic of
such large commercial vehicles and trailers, the chances of an accident or injury to the residents of
the neighborhood are increased dramatically especially considering the number of children that
.routinely play in the area If an injury to someone were to occur, it is possible that your insurance
company would refuse coverage and you could be personally liable for any damages.
Furthermore, the vehicles and attendant equipment seriously detract from the residential character
of the neighborhood and have a detrimental effect on the property values. I have also been
informed that there has been recent property damage caused by the above vehicles.
I am certain that you are aware that our neighborhood is zoned for residential use only
according to section 4.121 of the town bylaws. 1 have taken the opportunity to review the various
provisions as well as to consult with a building inspector. As a result of my investigation I believe
that you are in violation of section 4.1 paragraphs 4a, 4e, 4f, as well as section 8.1, paragraphs 9,
10, and 12. The potential penalty for each violation is a fine of $300.00 per day until the violations
are abated.
I regret having to write this letter but it appears to me that in spite of my previous request to
you to remedy this situation you have deliberately and intentionally disregarded your previous
assurances to me that you would address this problem.
I am therefore requesting that you immediately cease the operation of Blueberry Hill
Landscaping from your premises and remove all commercial vehicles and equipment from the
premises. If you do not immediately cease all operations we will have no alternat iqLwAorf—ile acomplaint with the town and seek relief through the courts. tt(C VV
JUL 0 9 2004
BUILDING DEBT'.
a
L
I hope that this letter will be sufficient to resolve these issues and that further action which
could result in costly litigation will be avoided. If you have any questions, please feel free to
contact my office.
JRV/mv
cc: M. McGuire -Bldg. Insp.
RECEIVED
JUL 0 9 2004
BUILDING DEPT:
ATTORNEYS AT LAW
BARNARD BUILDING
10 MAIN STREET • SUITE L-9 • ANDOVER, MA 01810
,f ( 978/749-3600
July 7, 2004
Mr. Michael McGuire - Building Inspector
Office of Community Development and Services
27 Charles Street
North Andover, MA 01845
Dear Mr. McGuire:
Enclosed, please find a copy of my correspondence to Mr. and Mrs. Davies concerning the
commercial use of their property located at 18 Blueberry Hill Lane. Unfortunately, since we last
spoke in March of 2001, the problem has become even more serious. I have been approached by
several of the neighbors, some of whom I know have called your office to complain, who have
expressed grave concerns that it is only a matter of time before someone, perhaps a child playing
in the neighborhood, suffers a serious injury as a result of the unlawful use of this property for
commercial purposes.
While my hope is that the Davies will respond to my request immediately, I would ask that
you take all necessary steps to address this situation.
If I can be of any assistance, please call me at your convenience. Thank you for you
anticipated cooperation.
S ely
n R. Valerio
RECEIVE DD
JUL 0 9 2004
BUILDING DEP.
O
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/400 5
MAR 2 5 2005 D
BUILDING DEPT.
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THE COMMONWEALTH OF MASSACHUSETTS
REGISTRY OF MOTOR VEHICLES
P.O. BOX 199100 BOSTON, MA 02119
www.mass.gov/rmv
REGISTRATION FEE INCLUDES $ 5.00
RENEWAL PROCESSING FEE
CERTIFICATE OF REGISTRATION
• PLATE TYPE REGISTRATION NUMBER MONTH YEAR COMMERCIAL
COR X22 12 05
FEES: NAME(S) OF OWNERS) AND MAILING ADDRESS EFFECTIVE DATE 01/01/05
REGISTRATION 155.00 COTE , DEREK L
TITLE 0.00 18 BLUEBERRY HILL LN TRANSACTION NUMBER
\ SPECIAL PLATES 20.00 N ANDOVER, MA 01845-5302 02436370180110
SALES TAX 0.00
TOTAL
175.00
L;
RESIDENTIAL ADDRESS (IF DIFFERENT) IF VEHICLE CARRYING
PASSENGERS FOR HIRE
MAXIMUM NUMBER OF
PASSENGERS THAT
1999 FORD DRWSUP OTHER BLUE CAN BE SEATED.
MFRS MODEL
YEAR MAKE MODEL NAME BODY STYUITYPE COLOR
1FDAF57FXXECO9829 SAFETY INSURANCE AS313540
VEHICLEIDENTIFICATION NUMBERt&ISMP NYTITLE NUMBER
NOT VALID UNTIL STAMPED WITH OFFICIAL SIGNATURE STAMP OR SIGNATURE OF THE REGISTRAR
010000
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Location /j �-/�yF �'j E rr `� ki /o`!
No. y SS / Date
r
NORTH TOWN OF NORTH ANDOVER
• OOL
9
Certificate of Occupancy $
cHuSEt
Building/Frame Permit Fee $
Foundation Permit Fee $
Other Permit Fee $
TOTAL $ D - Do
Check #10-L
18875
Building Inspector
0
1.1 Property Address:
-411
Historic District: Yes No
1.2 Assessors Map and Parcel
�
Map Number
Number:
-L---
Parcel Number
Slga Telephone
� � � e � 4� Cj
1.3 Zoning Information:
Zoning Di; -r d Proposed Use
1.4 Property Dimensions:
Lal Area
Fronts ft
1.6 BUILDING SETBACKS ft
3.1 Licensed Construction Supervisor:
Licensed Construction Supervisor:
Address
Signature Telephone
Front Yard
Side Yard
License Number
Rear Yard
Recgired Provide Required
Provided
Not Applicable 0
red Provided
Registration Number
Address
1.7 Water Supply MGI—C.40. 54) 1.5.
Public ❑ Pim ❑ Zone
Flood Zone I omution:
Outside Flood Zone ❑
1.8
Municipal
Sewerage Disposal System:
❑ On Site Disposal System ❑
SECTION 2 - PROPERTY OWNERSHIP/AUTHORIZED AGENT
Historic District: Yes No
2.1 Owner of Record
N t
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Address for Service :
Slga Telephone
� � � e � 4� Cj
2.2 Owner of Record:
Name Print
Address for Service:
Signature Telephone
SECTION 3 - CONSTRUCTION SERVICES
3.1 Licensed Construction Supervisor:
Licensed Construction Supervisor:
Address
Signature Telephone
Not Applicable ❑
License Number
Expiration Date
3.2 Registered Home Improvement Contractor
Not Applicable 0
Company Name
Registration Number
Address
Expiration Date
Signature Tel hose
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SECTION 4 - WORKERS COMPENSATION (M.G.L C 152 § 2506)
Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result
in'the denial of the issuance of the building permit.
Signed affidavit Attached Yes .......❑ No ....... ❑
SECTION 5 DesciA tion of Proposed Work check all applicable)
New Construction ❑
Existing Building ❑
Repair(s)
Alterations(s) ❑
Addition ❑
Accessory Bldg. ❑
Demolition ❑
Other ❑ Specify
Brief Description of Proposed Work:
SECTION 6 - ESTIMATED CONSTRUCTION COSTS
Item Estimated Cost (Dollar) to be
Completed by permit ap licant
OFFICIA>(. USE Q1�ILY
1. Building J1;kC)1ACLa4)
QUIAZIAUPA
(a) Building Permit Fee
Multiplier
2 Electrical
(b) Estimated Total Cost of
Construction
3 Plumbing
Building Permit fee (a) x (b)
30 • Q
4 Mechanical HVAC
5 Fire Protection
6 Total 1+2+3+4+5
Check Number 2
SECTION 7a OWNER AUTHORIZATION TO BE COMPLETED WHEN
OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT
1, as Owner/Authorized Agent of subject property
Hereby authorize to act on
My behalf, in all matters relative to work authorized by this building permit application.
Signature of Owner Date
SECTIONN 7b OWNER/AUTHORIZED AGENT DECLARATION
1, b' t V, b J j 5 as Owner/Authorized Agent of subject
property
Hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge
and belief /)
V.
Print N
Si ature er/A Date
NO. OF STORIES SIZE
BASEMENT OR SLAB
SIZE OF FLOOR TIMBERS 1 2 ND 3 RD
SPAN
DIMENSIONS OF SILLS
DIMENSIONS OF POSTS
DIMENSIONS OF GIRDERS
HEIGHT OF FOUNDATION THICKNESS
SIZE OF FOOTING X
MATERIAL OF CHIMNEY
IS BUILDING ON SOLID OR FILLED LAND
IS BUILDING CONNECTED TO NATURAL GAS LINE
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Gerald A. Brown
Inspector of Buildings
Please print
DATE: 1 Z 11,P/05
JOB LOCATION:
HOMEOWNER
TOWN OF NORTH ANDOVER
OFFICE OF
BUILDING DEPARTMENT
400 Osgood Street
North Andover, Massachusetts 01845
HOMEOWNER LICENSE EXEMPTION
Number Stf6et Address
PRESENT MAILING ADDRESS
mo 4I$
Home Phone
9- U51
Telephone (978) 688-9545
Fax (978) 688-9542
Map/Lot
Work Phone
a AhSover - "N 01Sg5
City Town State Zip Code
The current exemption for "homeowners" was extended to include owner -occupied dwellings to two units or less
and to allow such homeowners to engage an individual for hire who does not possess a license, provided that the
owner acts as supervisor). State Building (Code Section 108.3.5.1)
DEFINITION OF HOMEOWNER
Person(s) who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended
to be, a one or two family structures. A person who constructs more that one home in a two-year period shall not
Y be considered a homeowner.
The undersigned "homeowner" assumes responsibility for compliances with the State Building Code and other
Applicable codes, by-laws, rules and regulations.
The undersigned "homeowner" certifies that he/she understands the Town of North Andover Building Department
minimum inspection procedures and requirements and that he/she will comply with said procedures and
requirements. I _ -' h I -
HOMEOWNERS SIGNATURE
APPROVAL OF BUILDING OFFICIAL
Revised 10.2005
Forth Homeowners Exemption
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NORT1y TOWN OF NORTH ANDOVER
Certificate of Occupancy $
Building/Frame Permit Fee $ �0
Foundation Permit Fee $
Other Permit Fee $
TOTAL $ �p
Check # CA C t�-
i 7659 "A� `(411 .
Building Inspector
TOWN OF NORTH ANDOVER
BUILDING DEPARTMENT
APPLICATION TO CONSTRUCT REPAIR, RENOVATE, OR DEMOLI SH A ONE OR TWO FAMILY DWELLING
BUILDING PERMIT NUMBER: DATE ISSUED:
SIGNATURE:
Building commissioner/InEL)ector of Buildings Date
SECTION I- SITE INFORMATION
1.1 Property, Address-
♦
1.2 Assessors Map and Parcel Number:
6C 8 co
Map Number Parcel Number
l
e0l
1.3 Zoning Information:
Zoning DistrictPrProposed Use
1.4 Property Dimensions:
Lot Areas Frontage (ft)
1.6 BUILDING SETBACKS 00
Front Yard Side Yard
Rear Yard
Required Provide Required Provided
Re 'red Provided
11
1.7 Water Supply M.G.L.C.40.. 54) 1.5. Flood Zone Information:
Public 0 Private 0 Zone Outside Flood Zone 0
1.8 Sewerage Disposal System:
Municipal 0 On Site Disposal System E)
SECTION 2 - PROPERTY OWNERSIIIP/AUTHORMED AGENT
NS1OHC District: Ye.s _(�jc)
2.1 Owner of Record
N,al�4(Prirr� Address for Serv'
re V C., hon
2.M-.vner of Record:
Name Print Address for Service:
Si nature Telephone
SECTION 3 - CONSTRUCTION SERVICES
3.1 Licensed Construction Supervisor:
Licensed Construction Supervisor:
Address
Signature Telephone
Not Applicable
License Number
Expiration Date
3.2 §egistered Home Improvement Contractor
Not Applicable
Company Name
Registration Number
Address
Expiration Date
Signature v Telephone
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SECTION 4 - WORKERS COMPENSATION (M.G.L C 152 § 2!
Workers Compensation Insurance affidavit must be completed and submitted
in the denial of the issuance of the building permit.
Signed affidavit Attached Yes .......0 No ....... 0
SECTION 5 Description of Proposed Work check all a 8cable
New Construction ❑ Existing Building ❑ Repair(s) ❑
with this application. Failure to provide this affidavit will result
Alterations(s) ❑ 1 Addition ❑
Accessory Bldg. ❑ Demolition ❑ Other ❑ Specify
Brief Description of Proposed Work:
I SECTION 6 - ESTIMATED CnNCTRUCTInN CnCTC
Item Estimated Cost (Dollar) to be
Completed b ' permit applicant
OFFICIAL USE ONLY
:•
1. Building---� `�
_ V
Building Permit Fee
Multiplier
2 Electrical
(b) Estimated Total Cost of
Construction
3 Plumbing
Building Permit fee (a) x (b)
4 Mechanical (HVAC)�-
5 Fire Protection
6 Total 1+2+3+4+5
Check Number
..—.— ... --a.a— -.a, aaaviu JLJLvi'q av- <,v1V7rLL'1L'L tlYrMI'1
OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT
I, as Owner/Authorized Agent of subject property
Herebv authorize_ to act on
My behalf, in all matters relative to work authorized by this building permit application.
Signature of Owner Date
SECTION 7b OWNER/AUTHORIZED AGENT DECLARATION
1, ,as Owner/Authorized Agent of subject
property
Hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge
and belief
Print Name
of Owner/
NO. OF STORIES
BASEMENT OR SLAB
SIZE OF FLOOR T13VIBERS 1sT
SPAN
DIMENSIONS OF SILLS
DEVIENSIONS OF POSTS
DIMENSIONS OF GIRDERS
HEIGHT OF FOUNDATION
SIZE OF FOOTING
MATERIAL OF CHWNEY --
1S BUILDING ON SOLID OR FILLED LAND _
IS BUILDING CONNECTED TO NATURAL GAS LINE r
Date
SIZE
2'
THICKNESS
X
North Andover Building Department
Tel: 978-688-9545
DEBRIS DISPOSAL FORM
In accordance with the provision of MGL c 40 S 54, a condition of Building Permit
Number is that the debris resulting from this work shall be
disposed of in a properly licensed solid waste disposal facility as defined by MGL
c11,S150A.
The debris will be disposed of in:
(Location of ility)
igna ure of Permit Applicant
-,;>, 3 �
Date
NOTE: Demolition permit from the Town of North Andover must be obtained for
this project through the Office of the Building Inspector
Town of North Andover
Building Department
27 Charles Street
North Andover, MA. 01845
D. Robert Nicetta
Building Commissioner
(978) 688-9545
(978) 688-9542 Fax
Please print.
DATE
JOB LOCAT
"HOMEOWNER
U
Number
HOMEOWNER LICENSE EXEMPTION
Address
Name Home Phone
PRESENT MAILING ADDRESS � r�y 1�2� f / �, k-,
City Town
Map / lot
Work Phone
The current exemption for "homedwners" was extended to include owner -occupied dwellings
of two units or less and to allow such homeowners to engage an individual for hire who does
not possess a license, provided that the owner acts as supervisor: (State Building Code Section 108.3.5.1)
DEFINITION OF HOMEWOWNER:
Person(s) who owns a parcel of land on which he/she resides or intends to reside, on which
there is, or is intended to be, a one or two family dwelling, attached or detached structures ac-
cessory to such use and/or farm structures. A person who constructs more than one home in a
two-year period shall not be considered a homeowner.
The undersigned "homeowner' assumes responsibility for compliance with the State Building Code and other
Applicable codes, by-laws, rules and regulations,
The undersigned "homeowner" certifies that he/she understands the Town of No. Andover
Building Department minimum inspection procedures and requirements and that he/she will
compiv with said procedures and requirements.
HOMEOWNER'S SIGNA
AVtjKUVAL OF UUILUINU UI-NUAL /V; -'I v
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
Boston, Mass. 02111
Workers' Compensation Insurance Affidavit
Name Please Print
01 1
Location:
city Phone #
I am a homeowner performing all work myself.
I am a sole proprietor and have no one Working in any capacity
I am an employer providing workers' compensation for my oyees working on this job.
Com an name:
Address
cibc Phone #
Insurance Co. Policv #
Company name:
Address
City: Phone #.
Insurance Co. Policv#
Failure to secure coverage as required under ection 25A or MGL 152 can lead to the imposition of criminal penalties of,a fine up to $1,500.00
an
one years' imprisonment -as .vrell_as_c' 'I.penattiesinlhefmn cfz..STOP WORK ORDER..and..a.fine of.(.$100.00).aday against me. I
understand that a copy of this statement rs y be forwarded to the Office of Investigations of the DIA for coverage verification.
L
I do hereby certify under the pains and naldes of perjury that the information provided above is true and correct.
Signature Date
Print name Phone #
Official use only do not write in this area to be completed by city or town official'
City or Town Perm!UUcensin
O Building Dept
❑Check if immediate response is required 0 Licensing Board
p Selectman's Office
Contact person: Phone #.- Health Department
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