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HomeMy WebLinkAboutMiscellaneous - 20-30 Clark StreetN !v V� D �G:5 L � �,so.n►�S �.G� Arb 1 �r DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 January 2, 2004 Mr. D. Robert Nicetta Building Commissioner and Zoning Enforcement Officer Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Louis A. Napoli, Jr. (Napoli Trucking, Inc.) 52 Inglewood Street, North Andover, MA 01845 Dear Mr. Nicetta: Concerning the above captioned matter, this letter will confirm that Mr. Louis A. Napoli, Jr. and I met at your office, at 10:00 a.m. this morning, to discuss a possible resolution to the current zoning situation at 52 Inglewood Street, North Andover, MA. As you are aware, the construction of the new facility for Napoli Trucking, Inc. at the Lawrence Municipal Airport site has taken longer to complete than originally anticipated. This is due to a number of reasons, including among others, delays in obtaining necessary materials, scheduling of utility company services, and days lost because of severe weather conditions, and holidays. Your own record keeping regarding this site is very detailed. Mr. Napoli proposes the following timeline in order to affect an orderly, efficient, and realistic removal of all equipment from Inglewood Street to the new Clark Road site. On or before January 13, 2004, all existing trucks parked outside the garage will be removed from the 52 Inglewood Street location. Mr. Napoli will be allowed to continue to bring one (1) truck at a time to the Inglewood Street garage for purposes of performing maintenance on the trucks; however, all work will be done within the garage. This arrangement shall continue until January 31, 2004 when the use of Inglewood Street shall terminate as a contractor's yard. The contractor will exercise his best efforts in minimizing noise during the movement of trucks in and out of Inglewood Street. `ti -__j }.e" -Y . DOMENIC J. SCALISE D. Robert Nicetta January 2, 2004 Page Two In the interim, Mr. Napoli will continue to work on the new Clark Road site in order to have it completed as soon as possible and to meet the proposed deadlines stated above. Thank you for taking the time to review and discuss this matter with us and for your continued cooperation. Very truly yours, Domenic �J Scalise DJS/cm �Ouis. Napoli, Jr. 1, DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 October 31, 2003 Ms. Heidi Griffin, Director Planning & Community Development Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Louis A. Napoli, Jr. - Clark Street, North Andover, MA Dear Ms. Griffin: Concerning the above captioned matter, I have enclosed herewith a revised last page of Mr. Napoli's lease with the Lawrence Airport Commission. The Airport Commission agreed to include Paragraph 28 regarding the prohibition of pesticides, fertilizers and chemicals used in lawn care or maintenance, in this Lease. Kindly substitute this page for the signature page on the Lease I previously provided to your office. As discussed, Mr. Napoli cannot provide the Town with a deed restriction since this is leased and not deeded land. Accordingly, the prohibition in Mr. Napoli's Lease should provide the same protection to the Town. Kindly contact me at your earliest convenience in order that we may obtain the Foundation Permit from the Building Department. DJS/cm Cc: D. Robert Nicetta Louis A. Napoli, Jr. Enclosure `") ��.�t.![d(rilJ4 7'I>,e Alil►'eemeni conteina all the ie thr. entire etnbodituaut of the undeaetandi leans ee file partit►etwce," the Pattie, o..tul Mitered of y between the psi►riea. 'Ih,e Agraeerxeant rm,pt oral be modified except b cancurrenca al the partie9 in writaittg, eigaad h tlkr �epective rttacattsors in interact. d) U1t}di4l�k�t�.l_ All of the covcttnnta, conditions and pbligatiarre horxin c Y Pe7.11ee Qa their u+a r�tui spall itteure 10 the benefit ofthe respective eucceasnra e►ul aeei au 0 rtnrtanitrexl xhAll be binding 6 1 the: patties. r'or consideration paid, the undersigned Nnpall Trucking ( corporation with a usual Pace of business raft �� � a' iue" a dttly orReuired i�aee®thttsatt� "Guerattteea" the (sill performance of the above deecribacJ g e w art<I all Street, tart Lrtglewrtrzd Str�ectthe, North Atttiavar, MA. hereby SI Nc► I '8(i. i llPq fe?rt:i.li_ �t s c,)>^ c.l�e�ma��J,s qIA � and eowlita. 0e lh mto, j- 1�,� tt��d :i,rt lswi� carp car �►inkena9.tk:�. � WkENC:E MUN1C:�tPAL ,�igpc)x'r COMMISSIUty, Lasser L. A. N. R-AALTY TRtlfi'l' Lessee is A.a ali 1r., - - ._......_.._ _ p T'ntetee APPROM) AS TU Foltrq: NAPOLI '►RUCKING Co., INC, City At►orney Ry:__ ' THE i3AL.A.NCE OF TIIIS PAGE CONnNuES UNTO THI? NI?.X'l' PAGE' MEMORANDUM To: Mark Rees From: Bob Nicetta Date: January 05, 2004 Re: Napoli Trucking Relocation CC: Heidi Griffin Donna Mae D'Agata Please find attached a copy of the agreement I was able to negotiate with Attorney Scalise and his client Louis Napoli, Jr., owner of Napoli Trucking. Attorney Scalise and Mr. Napoli will be appearing before the Zoning Board of Appeals meeting of January 13th requesting a modification of Decision 2001-032 to January 31, 2004. A copy of the agreement will be made a part of the record. Mrs. DiNato was advised of the agreement early this afternoon and appeared to be in agreement of the dates stated in the document. It was also made known to Mrs. DiNato that Napoli has requested a modification and the request would be heard at the January 13a' meeting. DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 January 2, 2004 Mr. D. Robert Nicetta Building Commissioner and Zoning Enforcement Officer Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Louis A. Napoli, Jr. (Napoli Trucking, Inc.) 52 Inglewood Street, North Andover, MA 01845 Dear Mr. Nicetta: Concerning the above captioned matter, this letter will confirm that Mr. Louis A. Napoli, Jr. and I met at your office, at 10:00 a.m. this morning, to discuss a possible resolution to the current zoning situation at 52 Inglewood Street, North Andover, MA. As you are aware, the construction of the new facility for Napoli Trucking, Inc. at the Lawrence Municipal Airport site has taken longer to complete than originally anticipated. This is due to a number of reasons, including among others, delays in obtaining necessary materials, scheduling of utility company services, and days lost because of severe weather conditions, and holidays. Your own record keeping regarding this site is very detailed. Mr. Napoli proposes the following timeline in order to affect an orderly, efficient, and realistic removal of all equipment from Inglewood Street to the new Clark Road site. On or before January 13, 2004, all existing trucks parked outside the garage will be removed from the 52 Inglewood Street location. Mr. Napoli will be allowed to continue to bring one (1) truck at a time to the Inglewood Street garage for purposes of performing maintenance on the trucks; however, all work will be done within the garage. This arrangement shall continue until January 31, 2004 when the use of Inglewood Street shall terminate as a contractor's yard. The contractor will exercise his best efforts in minimizing noise during the movement of trucks in and out of Inglewood Street. DOMENIC J. SCAL.ISE D. Robert Nicetta January 2, 2004 Page Two In the interim, Mr. Napoli will continue to work on the new Clark Road site in order to have it completed as soon as possible and to meet the proposed deadlines stated above. Thank you for taking the time to review and discuss this matter with us and for your continued cooperation. Very truly yours, J lzi / Domenic J. Scalise DJS/cm G >yak --fouls A. Napoli, Jr. DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 January 2, 2004 Mr. D. Robert Nicetta Building Commissioner and Zoning Enforcement Officer Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Louis A. Napoli, Jr. (Napoli Trucking, Inc.) 52 Inglewood Street, North Andover, MA 01845 Dear Mr. Nicetta: Concerning the above captioned matter, this letter will confirm that Mr. Louis A. Napoli, Jr. and I met at your office, at 10:00 a.m. this morning, to discuss a possible resolution to the current zoning situation at 52 Inglewood Street, North Andover, MA. As you are aware, the construction of the new facility for Napoli Trucking, Inc. at the Lawrence Municipal Airport site has taken longer to complete than originally anticipated. This is due to a number of reasons, including among others, delays in obtaining necessary materials, scheduling of utility company services, and days lost because of severe weather conditions, and holidays. Your own record keeping regarding this site is very detailed. Mr. Napoli proposes the following timeline in order to affect an orderly, efficient, and realistic removal of all equipment from Inglewood Street to the new Clark Road site. On or before January 13, 2004, all existing trucks parked outside the garage will be removed from the 52 Inglewood Street location. Mr. Napoli will be allowed to continue to bring one (1) truck at a time to the Inglewood Street garage for purposes of performing maintenance on the trucks; however, all work will be done within the garage. This arrangement shall continue until January 31, 2004 when the use of Inglewood Street shall terminate as a contractor's yard. The contractor will exercise his best efforts in minimizing noise during the movement of trucks in and out of Inglewood Street. DOMENIC J. SCALISE D. Robert Nicetta January 2, 2004 Page Two In the interim, Mr. Napoli will continue to work on the new Clark Road site in order to have it completed as soon as possible and to meet the proposed deadlines stated above. Thank you for taking the time to review and discuss this matter with us and for your continued cooperation. Very truly yours, Domenic J. Scalise DJS/cm 'houis A. Napoli, Jr. January 2, 2004 Napoli Trucking Meeting —10:00 a.m. Present: D. Robert Nicetta, Zoning Officer Donna Mae D'Agata Dom Scalise, Esq. Attorney for Napoli Trucking Louis Napoli Mr. Nicetta read from the Dec. 23, 2003 ZBA decision. The decision states the Inglewood site will cease being used as a contractor's site. Mr. Napoli has filed a letter for Modification of the ZBA decision for the hearing scheduled for Jan. 13, 2004. Mr. Nicetta asked for an agreement stating the electricity will be at the new site by January 13, 2004 and one truck at a time will be maintained at the Inglewood Site in the garage until January 31, 2004. All trucks will be off the Inglewood site by January 31, 2004. Mr. Nicetta requested the noise be kept down; keep large trucks off the site; allow only one truck at time for service and remove it immediately. Mr. Napoli stated there are no big trucks on the property. A dialogue on the availability of the Electric Company to bring the power to the new site was discussed. Mr. Napoli believes the electricity will be provided by January 13, 2004. All big trucks are off the site. There are five trucks at the site now, 2 inside, 3 outside. Mr. Napoli stated that by bringing one truck at a time on the Inglewood site, more noise and traffic would be created. Mr. Napoli agreed to have all trucks off the site pending any catastrophe. Atty. Scalise stated all would be gone from the yard by January 31. Mr. Napoli agreed. Atty. Scalise will have the Agreement to Mr. Nicetta this afternoon. January 2, 2004 Napoli Trucking Meeting —10:00 a.m. Present: D. Robert Nicetta, Zoning Officer Donna Mae D'Agata Dom Scalise, Esq. Attorney for Napoli Trucking Louis Napoli Mr. Nicetta read from the Dec. 23, 2003 ZBA decision. The decision states the Inglewood site will cease being used as a contractor's site. Mr. Napoli has filed a letter for Modification of the ZBA decision for the hearing scheduled for Jan. 13, 2004. Mr. Nicetta asked for an agreement stating the electricity will be at the new site by January 13,'2004 and one truck at a time will be maintained at the Inglewood Site in the garage until January 31, 2004. All trucks will be off the Inglewood site by January 31, 2004. Mr. Nicetta requested the noise be kept down; keep large trucks off the site; allow only one truck at time for service and remove it immediately. Mr. Napoli stated there are no big trucks on the property. A dialogue on the availability of the Electric Company to bring the power to the new site was discussed. Mr. Napoli believes the electricity will be provided by January 13, 2004. All big trucks are off the site. There are five trucks at the site now, 2 inside, 3 outside. Mr. Napoli stated that by bringing one truck at a time on the Inglewood site, more noise and traffic would be created. Mr. Napoli agreed to have all trucks off the site pending any catastrophe. Atty. Scalise stated all would be gone from the yard by January 31. Mr. Napoli agreed. Atty. Scalise will have the Agreement to Mr. Nicetta this afternoon. P--- -- ,.---w - --- FROM p�� ��� � PHONE-(--) {� rC' H ; o��� Tm �Fh', CELL ( i O N E m-- --------- .. --, - —f-- -- E O. _ t s E C - M � G 5/ E-MAILADDRESS 1 SIGNED�L PHONED BACK❑ CALLRNED-i SEE YOU AGAIN LL[:] y/ASIN URGENT TO { DATE TIME lz-/,L -/,uI 112 P FROM PHONE (d ) (_ H �/ r -�.� CELL ( q aJ � � 1'7 y 01 O OF )J N�✓-�1��� FAX ( ) E M Is S �E M ` O f MAILADDRESSS 1SIGNED U WILL URGES IN NTYO❑GAIPHONED ggCKCALLRNEDISEEC 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 • own of North Andover Building Department 27 Charles Str CC E I V L D North Andover CC V L C E C ')A 2003 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 6'ZKi �L�✓ A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Sivice Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Transfer from service label) ?002 0 510 0000 0894 3261 ❑ Yes PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 Town of North AndoverE NORTH Office of the Zoning Board of Appeals a o Community Development and Services Division * i 27 Charles Street �AAT�o North Andover, Massachusetts 01845 "Ss�cMust 0 D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax. (978) 688-9542 Any appeal shall be filed Notice of Decision within (20) days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 52 Inglewood Street — Corrected Copy (Typing Omissions) NAME: Napoli Trucking Company HEARING(S): 10/9 & 11/13101, 7/9, 10/8, & 11/12/02, 5/14, 6/10, & 8/12/03 ADDRESS: 52 Inglewood Street PETITION: 2001-032 North Andover, MA 01845 TYPING DATE: August 18, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 12, 2003 at. 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Napoli Trucking Company, 52 Inglewood Street, North Andover, MA requesting a Special Permit from Section 9, Paragraphs 9.1 & 9.2 in ordq to continue in its present use the trucking business which was commenced in 1956 and has continued at this site since 1957 in substantially the same form and extent to the present time. Said premise affected is property with frontage on the East side of Inglewood Street within the R-4 Zoning District. The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Joe E. Smith. Upon a motion made by Walter F. Soule and 2nd by Joseph D. LaGrasse, the Board voted to GRANT the Special Permit from Section 9, Paragraphs 9.1 & 9.2 in order to continue in its present use until November 30, 2003 on the following condition: 1. The 52 Inglewood Street premises shall cease to be used for a contractor's yard. Equipment such as snowplows, backhoes, bobcats, bituminous spreader & roller, platform trailer, tri-axel dump trucks, six - wheeler sander, F350 dump truck, etc. will no longer be stored, or washed, or serviced in the open at this location. 52 Inglewood Street shall be allowed Resident 4 Zoning District uses, only, as of December 1, 2003. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse. The Board finds that the bidding and permitting process of the Lawrence Municipal Airport Commission and the North Andover Conservation Commission, and the North Andover Planning Board required an unusual time frame window. Status reports on relocating Napoli Trucking Company from 52 Inglewood Street to Clark Street (City of Lawrence property) were presented on all 2002 and 2003 meetings.' The initial evidence and discussion of October 9, 2001 and November 13, 2001 were directed to the relocation of the Contractor's yard. Therefore, the Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 92 of the Zoning Bylaw that such change, extension, or alteration shall not be substantially more detrimental than the existing temporary usage to the neighborhood. C' rVi Pagel of 2 �f 'vJ Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax (978) 688-9542 Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, William I S I ivan, Chairman Decision 2001-032Corrected copy (Typing Ommissions) Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 . ... .... ... ..... .. . ....... . . . . . . . .. ...... .......... (.a� JtC..L - ..... ... . . . ...... . . .......... . . ........ .. .... ....... . ..... ... . . ........ www.dayrunner.com Order No. 051-225Y-03 ..... — - -- mea; www.aayrunner.com Order No. 061-225Y-03 DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 December 23, 2003 Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 011845 RE: Louis A. Napoli, Jr. (Napoli Trucking, Inc.) 52 Inglewood Street, North Andover, MA 01845Lra4, Dear Members of the Zoning Board of Appeals: Concerning the above captioned matter, on August 18, 2003 at a regular meeting of the North Andover Zoning Board of Appeals, the Board voted to grant the Applicant's request for a Special Permit from Section 9 of the Zoning By -Law, in order to allow Mr. Napoli to continue his present use of the property located at 52 Inglewood Street, North Andover, MA as a trucking business. The Board set a termination date for this property to be used as a Contractor's Yard of' November 30, 2003. In making its decision, the Board took into consideration the fact that the allowance of this Special Permit was to facilitate Napoli Trucking, Inc. in the construction of its new business location on Clark Road. The Applicant has entered into a lease with 'the Lawrence Airport Commission and is in the process of completing construction on his 6,000 square foot building which will shortly be the new location of Napoli Trucking, Inc. At this time, all structural steel has been completed on the new building, and the following work has been completed: 1. The site has been graded with crushed gravel to subgrade; Nvt n tj ?Aq /`'3 ►.tcgt�2. The rough electrical and plumbing has been completed; 3. All drainage has been completed; — A&r'A L L. i z /L 4. The front and back siding on the building has been completed; 5. The propane tank and gas will be installed on Monday, December 29, 2003; 6. The heating system is ordered and will be installed immediately upon completion of the roof-, and . 7. Once the building is completely closed in all -interior work will be finalized. r' - _ RECEIVED �..._.+0CEC 2 4 2003 BUILDING DEPT. DOMENIC J. SCALISE Town of North Andover Zoning Board of Appeals December 23, 2003 Page Two This work is being completed during the winter months under extreme conditions. However, Mr. Napoli is determined to complete the new site in order to move his trucking operation from Inglewood Street, a location that Napoli Trucking Inc. has used for approximately forty-five (45) years. Accordingly, the Applicant requests that the North Andover Zoning Board of Appeals modify/amend its Decision dated August 18, 2003 to extend the time for termination of the trucking location at 52 Inglewood Street, North Andover, MA until January 31, 2004. Kindly schedule this matter for discussion with the Applicant at your next regular meeting on January 13, 2004. Thanking your for your cooperation, I remain Very truly yours, l Domenic calise DJS/cm cc: Louis A. Napoli, Jr. Mark Rees, Town Manager Heidi Griffin, Director of Community Development & Services D. Robert Nicetta, Building Commissioner and Zoning Enforcement Officer Town of North Andover Office of the Building Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner December 18, 2003 Mr. Louis Napoli, Jr. Napoli Trucking Company 52 Inglewood Street North Andover, MA 01845 Re: Zoning Board of Appeals Decision Petition: 2001-032 Dated: August 18, 2003 Dear Mr. Napoli: zu Telephone (978) 688-954; Fax (978) 688-9542 You were requested, through your Attorney Domenic Scalise, to attend a meeting in the Conference Room of the Community Development and Services Division, 27 Charles Street at 9:00 AM on December 17, 2003. The purpose of the meeting was to discuss violation of the above -referred decision. The meeting was attended by Attorney Scalise, Donna Mae D'Agata, Administrative Assistant to the Division Director and Robert Nicetta, Building Commissioner/ Zoning Enforcement Officer. Attorney Scalise stated that you would be unable to attend the meeting. The following is the outcome of the meeting. Pursuant to the ZBA decision of Petition: 2001-0432 which reads in part "Upon a motion made by Walter F Soule and 2"d by Joseph LaGrasse, the Board Voted to GRANT the Special Permit From Section 9, Paragraphs 9.1 & 9.2 in order to continue in its present use until November 30, 2003 on the following condition: The 52 Inglewood Street premises shall cease to be used for a contractor's yard. Equipment such as snowplows, backhoes, bobcats, bituminous spreader & roller, platform trailer, tri-axel dump trucks, six -wheeler sander, F350 dump truck, etc gave an interpation. will no longer be stored, or washed, or serviced in the open at this location. 52 Inglewood Street shall be allowed Resident 4 Zoning District uses, only, as of December 1, 2003". The above was read to Attorney Scalise and it was noted that the decision was not contingent upon the new Clark Street facility being completed prior to the move, but rather, all 52 Inglewood Street activity for the construction vehicles cease on November 30, 2003. The violation of Decision 2001-032 commences on the November date. Attorney Scalise stated that he informed Director Heidi Griffin that he would file a Request for Modification of the ZBA Decision. However, Mr. Nicetta stated that it is too late to file for the BC)ARD OF :APPEALS 688-9541 BUILDING 688-9545 CGNSERV ATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 (Page 2) January 10, 2004 meeting and that the violation would be extended by the time required to apply for the modification and possible denial. The Zoning Officer, again, advised Attorney Scalise that Napoli Trucking Company is in violation of the Zoning Board decision by continuing the trucking operation at the Inglewood site. Mr. Nicetta informed Attorney Scalise that he was extending the November 30ffi deadline to December 31, 2003 pursuant to the North Andover Zoning By-law Section 10.13 — Penalty for Violation — and fine the trucking company $300.00 per day for every day the operation continues beyond December 31". For clarity, Section 10.13 — Penalty for Violation — of the Zoning By-law reads as follows: "Whoever continues to violate the provisions of this By-law, after written notice from the Building Inspector demanding an abatement of a zoning violation within a reasonable time, shall be subject to a fine of three hundred dollars ($300.00). Each day that such violation continues shall be considered a separate violation". Attorney Scalise said that he would speak to his client, Mr., Napoli Thanking you in advance for your cooperation. Yours truly, D. Robert Nicctta Building Commissioner & Zoning Enforcement Officer CC: Attorney Dominic Scalise Mr. & Mrs. Victor DiDonato Heidi Griffin, Director CD&S Mark Rees, Town Manager Zoning Board of Appeals CERTIFIED MAIL: 7002 0510 0000 0894 3261 Napoli Trucking Meeting December 17, 2003 9:00 a.m. CDS Conference Room Present: D. Robert Nicetta, Building Commissioner Donna Mae D'Agata, Admin. Asst. to CDS Director Dom Scalise, attorney for Napoli Trucking Mr. Nicetta asked Atty. Scalise if Mr. Napoli would be attending the meeting. Atty. Scalise responded he is not present. Mr. Nicetta. stated the trucking issue went from the ZBA to the CDS Director. Mr. Nicetta stated that in October 2003 Mr. Napoli told him the buildings were manufactured and ready for erection. At that time there was no recording at the registry of deeds. On October 31 a foundation permit was issued. Yesterday, December 16, Mr. Nicetta went to the site and saw that only the framework was done. Thirty feet of siding was put up, no other siding is on the site. There is no work being done on building #2. On November 28 a foundation permit was issued. Mr. Nicetta read from ZBA petition #2001-032, dated August 12, 2003. The request was for a permit to continue present use of trucking business. A motion was made granting the special permit with conditions. No equipment was to be stored at 52 Inglewood Street. Mr. Nicetta stated the operation ceases November 30 at 52 Inglewood Street. Atty. Scalise stated he agrees with the decision and all equipment is removed from the site with the exception of the trucks. Mr. Nicetta read from the 12-10-03 memo Heidi Griffin, CDS Director, sent to him regarding the DiDinato complaint. Atty. Scalise stated he would find out why the building is not up; all equipment is gone from the site with the exception of the trucks. Mr. Nicetta asked where all the equipment is, Atty. Scalise said it is located at different sites. Atty. Scalise stated he informed Heidi Griffin he would file a Request for Modification. Mr. Nicetta stated it is too late for file for the January 2004 meeting. Mr. Nicetta stated that according to the ZBA decision he would go on record to extend to December 31 the removal of all equipment. After that date he will fine Napoli Trucking $300 per day for every day the violation exists. Atty. Scalise stated he would apply for the modification at the ZBA meeting in January. Mr. Nicetta stated the fine would be in effect for each day, which is two weeks prior to the January meeting the second Tuesday of January. Atty. Scalise stated he would talk with Lou Napoli. Mr. Nicetta stated he would put in writing his decision. Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax(978)688-9542 fhl§ i§ to ortify that twenty (20) days how @Irtpoed from date of decision, filed withwi fling of an appeal. Any appeal shall be filed Notice of Decision Deto within (20) days after the Year 2003 TonCI � rahaW date of filing of this notice in the office of the Town Clerk. Property at: 52 Inglewood Street NAME: Napoli Trucking Company HEARING(S): 10/9 & 11/13/01, 7/9, 10/8, & 11/12/02,5/14, 6/10, & 8/12/03 ADDRESS: 52 Inglewood Street PETITION: 2001-032 North Andover, MA 01845 TYPING DATE: August 18, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 12, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Napoli Trucking Company, 52 Inglewood Street, North Andover, MA requesting a Special Permit from Section 9, Paragraphs 9.1 & 9.2 in order to continue in its present use the trucking business which was commenced in 1956 and has continued at this site since 1957 in substantially the same form and extent to the present time. Said premise affected is property with frontage on the East side of Inglewood Street within the R-4 Zoning District. The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by Walter F. Soule and 2nd by Joseph D. LaCh arse, the Board voted to GRANT the Special Permit from Section 9, Paragraphs 9.1 & 9.2 in order to continue in its present use until November 30, 2003 on the following condition: 1. The 52 Inglewood Street premises shall cease to be used for a contractor's yard. Equipment such as snowplows, backhoes, bobcats, bituminous spreader & roller, platform trailer, tri-axel dump trucks, six -wheeler sander, F350 dump truck, etc. will no longer be stored, or washed, or serviced in the open at this location. 52 Inglewood Street shall be allowed Resident 4 Zoning District uses, only, as of December 1, 2003. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.2 of the Zoning Bylaw that such change, extension, or alteration shall not be substantially more detrimental than the existing temporary usage to the neighborhood. sJ c� ATTEST: - A True Cole' Page] of 2 „- 02 f Town Clerk t Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 A D APPEALS Town of North Andover f NORI'{i Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax (978) 688-9542 Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. A Decision 2001-032 Page 2 of 2 Town of North Andover Board of Appeals, JL William J. S Ilivan, Chairman Board of Appeals 978-688-9541 Building 978-688-9545 conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Nicetta, Robert From: Griffin, Heidi Sent: Friday, December 12, 2003 9:41 AM To: McGuire, Mike; Nicetta, Robert Subject: FW: Napoli Trucking -----Original Message ----- From: Paul J. Gallagher [mailto:pgallagher@napd.us] Sent: Thursday, December 11, 2003 11:15 AM To: Heidi Griffin Cc: Richard M. Stanley Subject: Napoli Trucking Heidi, FYI The DiDonatos have issued a trespass notice to Napoli Trucking for the DiDonato property. A copy was sent via regular mail & certified mail to Napoli Trucking on Dec. 8, 2004 A copy is on file at police station. The atty. may not yet be aware. A violation could incur possible arrest or court action. Let me know if you wish a fax copy. Lt. Paul Gallagher To: Napoli Trucking 52 Inglewood Street North Andover, MA 01845 Attention: Louis Napoli NO TRESPASSING NOTICE December 8, 2003 HOPTH AN[k)VFP POLICE DEPARTM.Pf'; C 3 &�2 Notice is hearby given that you are, as of the date and time of receipt of this NOTICE, forbidden to enter and/or retrain upon the following properties owned, leased, managed, mortgaged, utilized, operated and /or occupied by; Vctor and Debra DiDonato 60 Inglewood Street North Andover, MA 01845 Any and all violations of this Notice of No Trespassing will result in immediate police notification and resulting prosecution to the fullest extent of the law pursuant to G.L. Chapter 266. Section 120. NO TRESPASSING CC. North Andover Police Department Z'd 8i'60L898LST Q I 0 u N eca:BO co 8T oaa 310 1-1 BK%* 7443 PG Town of North Andover Office of the Zoning Board of Appas C Community Development and Services D,*6T i � MAI Charles Street U North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Ser.& bo"lC 4v V-1 ►tia.�:.5f- U No.�� IV�i4 0145 Any appeal shall be filed within (20) days after the date of filing of this notice NORTH ^ TeGpl (97688-9541 PtANNIi�G Id Err-� ,",',k_"., M �TJ o Notice of Decision c-3 Year 2002 —�,:-, -0 ' C) =o c�r•D in the office of the Town Clerk. Property at: Clark Street D G'-'' 4` r' .o cn c NAME: Napoli Trucking Co., 52 Inglewood Street HEARING(S): 11/12 & j'10/qD ADDRESS: Clark Street PETITION: 2002-053.1 Nath Andover, MA 01845 TYPING DATE: 12/18/ The Nortel Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, November 12, 2002 at 7:30 PM upon the application of Napoli Tracking Co., 52 Inglewood Street, for premises at: Clark Street, North Andover, requesting a Special Permit from Section 9, Paragraph 9.1 to construct a contractor's yard on a non -conforming lot (Lawrence Municipal Airport). The said premise affected is property with frontage on the West side of Clark Street within the I-2 zoning district. The following members were present: Walter F. Soule, John M. Pailone, Scott A. Karpinsid, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion by John M Pallone and ?a by Waiter F. Soule, the Board voted to GRANT the Specinl-Permit from Section 9, Paragraph 9.1 to allow for the construction of a contractor's yard on a-tion-conforming•lot (Lawrence Municipal Airport) per Site Development Platy Napoli Trudging on land .off Clark Street, North Andover, Mass ,. September 28, 2002 by a? iP G. .. Christiane P. -E. #28895;. Chtisdansen &.$cr&i, 160 Summer St., Haverhill, MA pl$?Q. .. ' Votin in favor: Walter R Soule John Scott A Karpinski Ellen P. McIn 13 � � _ tyre;.aod - Joseph D. LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph. 9.1 of the zoning bylaw and that such change, extMion or alteration shall not be substantially -,mare detrimental to the neighborhood; and that an abutter's request faor landscaping is a Planning Board issue, not a Zoning Board issue. Furthermore, if the rights authorized by the Variance are not exercised within ane (1) year of the date of the grant, it shall lapse, and may be reestablished only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date an which the Special Permit was granted unless substantial use or bion has commenced, it shall lapse and may be r@ -established only after notice, and a new hearing.AL='03 i i -56 mis is,t9n4► (20) dayi DC7 U YhJe elap>Nid ` ' of decision find without fillnp of tin wmasl,i r:TOW ft* Decision 2002-053."' c(?;:l :1' i . --,-1ra Town of North Andover Board of A s, , Walter F. Slade, Acting Chairman _y I VEST: True Copy Towns Clark Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688.9540 Planning 688-9535 F;� ESSEX NORTH REGISTRY OF DEEDS LAWRENCE, MASS. %0 A TRUE COPY: ATTEST: REGISTER OF DE'@'p Page 1 of 1 McEvoy, Jeannine From: Griffin, Heidi Sent: Thursday, December 11, 2003 7:52 PM To: McGuire, Mike; McEvoy, Jeannine Cc: Rees, Mark Subject: dinato complaint Hi Mike and Jeannine: This is to just reiterate that Mike, you need to call back the Dinotas and explain that they will be requesting an extension for an additional 30 days to complete the work. It can be explained to them that we are in receipt of the No Trespassing Notice issued by the North Andover Police Department to Mr. Napoli so hopefully that will also alleviate their immediate concerns. Bottom line is we are sympathetic to their issues, acknowledge their complaints are legitimate, and are hopeful the equipment will be moved within the next 30 days. When we receive the extension from their attorney tomorrow they are more than happy to take a look at it and review it also. Thanks, Heidi Griffin Community Development & Services Director 27 Charles Street North Andover, MA 01845 (978) 688-9531 (978) 688-9542 fax 12/11/03 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta, Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Any appeal shall be filed Notice of Decision within (20) days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 52 Inglewood Street NAME: Napoli Trucking Company HEARING(S): 10/9 & 11/13/01, 7/9, 10/8, & 11/12/02, 5/14, 6/10, & 8/12/03 ADDRESS: 52 Inglewood Street PETITION: 2001-032 North Andover, MA 01845 TYPING DATE: August 18, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, August 12, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of Napoli Trucking Company, 52 Inglewood Street, North Andover, MA requesting a Special Permit from Section 9, Paragraphs 9.1 & 9.2 in order to continue in its present use the trucking business which was commenced in 1956 and has continued at this site since 1957 in substantially the same form and extent to the present time. Said premise affected is property with frontage on the East side of Inglewood Street . within the R-4 Zoning District. The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. Upon a motion made by Walter F. Soule anda by Joseph D. LaG arise, the Board voted to GRANT the Special Permit from Section 9, Paragraphs 9.1 o c e in its present use until November 30, 2003 on the following condition: 1. The 52 Inglewood Street premises shall cease to be used for a contractor's yard. Equipment such as snowplows, backhoes, bobcats, bituminous spreader & roller, platform trailer, tri-axel dump trucks, six -wheeler sander, F350 dump truck, etc. will no longer be stored, or washed, or serviced in the open at this location. 52 higlewood Street shall be allowed Resident 4 Zoning District uses, only, as of December 1, 2003. - Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, and Ellen P. McIntyre. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.2 of the Zoning Bylaw that such change, extension, or alteration shall not be substantially more detrimental than the existing temporary usage to the neighborhood. Pagel of 2 N �7 l,w.l ,— :.... 7 CD r�, Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688.9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover f ,,oRTM Office of the Zoning Board of Appeals Community Development and Services Division - 27 Charles Street North Andover, Massachusetts 01845 ACHuse D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Decision 2001-032 Town of North Andover Board of Appeals, william J. S Ivan, Chairman Page 2 of 2 r..., CD CD h.a $oard of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 ARTICLE III HEARINGS Sec. 1 QUORUM A quorum of the Board shall consist of four (4) members. 1. When a continued meeting is necessary, only members hearing the initial evidence and subsequent evidence may vote. 2.. Petitions under advisement shall have only members hearing the initial evidence voting. 3. In the absence of a voting Board member at subsequent meetings, an associate member may vote if that associate has heard all the evidence of all the meetings for the petition being acted on., 4. All Board members and Associate Board members, voting and non- voting, may participate in all hearings: Public Hearings, Continued Meeting Hearings, and Under Advisement Hearings. They need not have heard all the evidence from previous Continued Meetings or Under Advisement Hearings in order to participate. However, only Board members and Associate Board members who have heard ALL the evidence may vote. The un -excused absence of a regular member from four or more consecutive regular monthly meetings of the "Zoning Board of Appeals", shall serve as reason to vacate the office. When such a vacancy has been created, the chairperson shall advise the appointive authority forthwith, who shall fill the vacancy within thirty days from associate members presently serving on the Board. The appointing authority will then replace this associate member as soon as possible. Sec. 2 NOTICE OF HEARINGS Notice of hearings shall be advertised as required by the provisions of General Laws, Chapter 40A. In addition, a copy of the. advertised notice shall be sent by certified mail at least 10 days prior to the date of the hearing, postage paid for/and personally sent by the applicant, proof of mailing must be submitted by the applicant to the ZBA Secretary. One set of pre -addressed mailing labels supplied by the applicant to mail decisions to all abutters is to be supplied to the ZBA Secretary. Legal Notices and Decisions will be mailed to the owners of all property deemed by the assessors list as they appear on the most recent local assessor's certified tax list also to the Board of Planning and Development and to the Building Commissioner. Sec 3 HEARINGS TO BE PUBLIC Hearings shall be held in the Town Office Building facilities or other designated site and shall be open to the public. Sec. 4 PARTIES MAY BE REPRESENTED The applicant may appear in his/her own behalf, or be represented by an agent or attorney at said hearing. In the absence of any representative, on behalf of an applicant, the Board will proceed to dispose of the matter on the record before them. *ADDENDUM: With the advancement of technology, both present and future, said companies associated with these advanced technologies will be required to provide expert engineering advice and such experts should be obtained at the applicant's expense per G.L. Chapter 44, & 53G Page 8 of 12 M1/Bible2001/11-12-02 Page 1 of 1 D'Agata, Donna Mae From: Donna Mae D'Dagata[ddagata@townofnorthandover.com] Sent: Wednesday, December 17, 2003 3:10 PM To: 'PGALLAGHER@NAPD.US' Subject: Napoli Trucking Hi Paul, I am writing for Mr.. Nicetta. Mr. Nicetta would like you to fax a copy of the Trespass Notice to Napoli for the DiDonato Property. The fax number is: 978-688-9542. Thank you, Donna Mae for Bob Nicetta 12/17/03 A Griffin, Heidi From: Heidi Griffin [hgriffin@townofnorthandover.com] Sent: Thursday, December 11, 2003 10:52 AM To: Rees, Mark; 'Richard M. Stanley' Subject: RE: napoli trucking Hi: �~ Sinc Mike was out on inspections, I just called and spoke with Dom Scalise. He 's goi g to request a 30 day extension tomorrow to allow Mr. Napoli to keep where he is. Th problem is that Mr. Napoli just received his building permit. So, obviously he ha n't built the building yet. He ran into a snag because when he applied for his b 'ldng permit, he had submitted two different plans to the planning and zoning boards he had to reapply to the zba all over again. An way, I'm going to have Mike call the homeowner when he returns [since he didn't get my ori inal message] and see if they won't freak out to the extension - it's sort of hard to get the whole story since Bob is on vacation, but from reviewing the file it does look like. Mr. Napoli had sort of a difficult time going through the permitting process. I have another meeting with Dom Scalise today at 2:00 p.m on a different matter and figure will ention to him that if Mike [as acting building commissioner or myself] grants the extens'on, it will b8. provided in written format he will not go onto the neighbors' law , violate obstruct or trespass, etc. etc:. etc. Hopefully t t will work. Thanks, Heidi -----Original Message ----- From: Rees, Mark Sent: Thursday, December 11, 2003 10:46 AM To: Richard M. Stanley Cc: Griffin, Heidi Subject: FW: napoli trucking Chief, just to keep your department in the loop. Heidi, thanks for your follow through., Mark -----Original Message ----- From: Griffin, Heidi Sent: Thursday, December 11, 2003 10:2'3 AM To: McGuire, Mike Cc: Glennon, Michel; Rees, Mark; Nicetta, Robert Subject: FW: napoli trucking, Hi Mike: It appears: from the below documentation that this issue must be resolved. Can you please go out and issue a cease and desist order on Mr. Napoli for not complying with the order' that he was originally supposed to vacate the premises by December 1, 2003. Please make sure this gets taken care of today as the individual has filed complaints with both of us. It appears as though the Zoning Board has given Mr. Napoli adequate time to leave the premises. You might want to call Dom Scalise, Mr. Napoli's attorney, prior to giving the cease and desist. Thank You Very Much.. I am sorry you got this task since Bob is on vacation, but the neighbor has a valid point with her complaints. Heidi 1 -----Original Message ----- From: Glennon, Michel Sent: Wednesday, December 10, 2003 2:07 PM To: Griffin, Heidi Subject: RE: napoli trucking Hi, Heidi; The Di Donatos live next door to 52 Inglewood. They must have filled outa complaint form sometime June/July 2001. Bob Nicetta wrote Napoli Trucking on 7-4-01 citing a number of problems, such as:- truck sitruck washing soap scum and oil requiring a Conservation visit [they were cited by Mass. DEP];using a lot owned by someone other than Napoli Trucking for snow plow storage;' while - non -conforming usage is allowed to continue, any change must be requested by Special Permit and Bob felt the business had expanded without any permission; usage must not be harmful or obnoxious to abutters, etc. He listed a number of large pieces of equipment. The Napolis appealed for a Finding, 2001-026, on 8-7-01; were told that a Special Permit would be more appropriate, and filed for a Special Permit on 9-10'-01, 2001-032.. They withdrew the 2001-026 Finding without prejudice on I1-13-01. Attorney Scalise doesn't accept only 4 voters; he requests to continue if he doesn't have at least 5. William Sullivan was a voter on 2001-032. The Board pressured Napoli to move. Napoli found space at the Lawrence Municipal Airport. Between Bill Sullivan's January through April or May hiatus and lengthy Lawrence Municipal lease negotiations, 2001-032 was not Toted until R_- 12-03. They applied for the Clark Street Special Per -mit, 2002-053, on 10-10-03 and would have gotten it except for Lawrence Airport abutters that came out in force at the November 2002 meeting.Napoli .as first n 3 A; rt tit; nd h K' t t}rr- p f - rpa- - pe _� _�cll�, x111 _11C -=r r abut _ _ _ were 'v e- upset with thedi r big neighbor. Napoli, Lighthouse, and MacLeod fried t -o explain that their rentals would allow the Aire +tert to address problcTn111 3 Crit1 nu d. iIapoli was granted 12-10-02. The lease took another 8 months. Arty. Scalise said tis• y hada _lease at _ _ -i2-03 lic tins, an- t__.. Boarta + rantv:d Napoli the usage of 52 Inglewood until 11-31-03_ All trucks and equipml_r t should _lave been remoi%e+J. Joy Dece+_ ber 1, 2003. The DiDonatos called the Bui-lding Dept. December _ that the trucks were 8t-1- tli re. 1'li1— SC,l1+i they Alat1 t111ti1 t. -os.... Of business . ___uy called lieC. Z:. :.-, 0liici;0=may Loi+�. Mike that Napoli would ask t11_- Board for an exterlsioniflzlodif2cat ion Ui 2001-032. Mike gave L.. e ,-7 Vine � 7�. 1 ' r.. � , 1. _ � , , . .1 1. TLc a 11rouS-ifs. 1' 1St utter oaff,e Iii. i dS-_=_a .L.ii 1Dul1i_%an if _ 511: ;110_ ii5= L'4 p_i i_)= discussion on the auenda . ule saki onlY" if t ey SL"7.":.1tte" a fCrli:_ request. Yesterday, Atty. Scalise sr cnJ 1c+i 1 Ji u- _.. ; _ __ .� t _ t r'epr'esented 2 clients .Last night; must liaVC Seen the DiDonaitus in l.iie audience. �Nol_ilin9 S -r+l - 11 .L. - r,t r,-_� - T. is�nn 'tvi Su1U. . ..__?.1.1� was ;;_�.i__i l .:'1_._L _.i '1 L+V..'�.�� StJJ^.� 1r,. _i...-atJ _..X11 i:Jli :� ills letter �1L was 112 _Ile nolt-TILT £'Lill - for your 111LL'11It1li 1I pay of rifei Gl( packagel. bi.il- Sullivan saLQ Lft _ '_Cie _Enar a na _ rt oz_ l-ecelva Y •• , 4 -eo _ Cti'[Il%x.t '"r"i F�:3i_ ,3 �_ `:CiC1 E'tt , D1Donato shoutrii wrive Iiot^ert Rife ra_ Idr n.T'Inn_Fn _a_ei Thr Fin tf ? FneZ il�F' Sul -wail said he- should wr=r_e t V, --)U, 1liK alio � 1 �i 7 c` t' F f - 5o, =1__. _ _ a_i.,�. h all. Mich. From: tri TFT n. heid1 J i1t r,.JYr iU, C. To. McGuire, V14 ke,; DI Auata, -Donna Mae, JL7biact: rK: nano -1 trucking h; mike ani nnnna MA -- I also re(-elVed a Cf_)I,'(Jla- Vesterdav `ate afternoon oil tills vroue- tv. 111 kePit-labt «C 1111C G11 _-FJ.1 : ✓11 'Lh b lu,w ` -L:1L ZBA standpoint.... Ji.sLw V1 _-1-0 I neer; a resuonse bv the end cf the day. 1'iiar-K -ou, [Hol rj i From: Rees, Mark N CSdd.y, ilr:- fv-b S G9 Tc:: Griffin, Heidi; Ric:.:rard ia. Stanlev Subiect; FW; napoli truckina Does ins. uidonato have a leaitirrtate complaint? if ves, can we do anvthina to help her out? Thanks for looking into this for me., Mark -----nriainal Messaae----- From:. NALAHMARIE@aol.com fmailto:.NALAHMARIE@aol.comll Sent: Monday, December OR 20Q3 A -AF ANI To- Tnrees@townafnnrtha-ndnvPr_e-nm. Subiect: napoli truckina dear mr. rees: i live at 50 ina_lewood street north andover neiahbor to napoli truckina. for two and a half years we have been before the zoning board of appeal's to have napoli trucking move to a commercial zoning district. the. zonina_ board gave a ruling on august 12, 2003 that napoli truckina had to move by december 1, 2003. he has not vacated the premises as vet, despite the ruling by the town, nor has he ever abided by anv of the boards decisions. this oast friday niaht at approximately 5:00 p..m. mr. napoli backed his sander up to my front lawn and dispersed sand all over it, he then cleaned out his drive.:av and scooped all the snow onto my front lawn burving all my reflectors, and then continued to durao snow on Inv lawn on the other side of my driveway, breakina lir is off my tree_ i called the police dept who responded and said they_ would speak with him. saturdav .-norninq, mr. =Qoli .� d cont . yarut chi -iii :<: ,:.e:;. 1. aril ��� 1 continue Ci.LIMQiIia show arid aaai n i called the ou-I ice, who auairh resp_ onded. now, mond;3 it dee S. mr. napoli an,dimp_is a bucket 1Jav �f snowf-,v_n his boa'_ c'i;>;3 iii iti:J driveway, behilldiIRV car, bloi:kina me =1 aaaiIh I call tslc Q014Ce. tie -..L. ✓7 +:; LII- i�., Z) -[i_€ii1i::I <::., C.i�Ltllt�.p VV-lT.. V1 LO -U PQIYV t.,7 G.��..�O-iO-tt'`.2+J. JV'i`tG V'E'tG l.-�.. 1J �,J tette :Itr. kid-iJI 1 _ Jt 3.. L:'ti3 hO:J iJl �V Jl_iJl JJZ; ...-. C. 4..iJu lJi�51 w.1i.�Gi _....itf i ... .1:{i: .. _.. _ k -J ,Jl1G JiGd JG .ill U:. a :. .. t GuarLAilLI.'q �.1iiJ vLiUGi T..it'1Ll jJ l:li IiQJ nC Ver tiJ ienelh LV' x.11(.'-.�.' LV1'tir Q 1J 1.'Q1lA LiVl L11-: rn':nnv w -o-, r•� Cil (l(1T'T."aTll—ylri—/R1-t—t ttti 4. C Griffin, Heidi From: Griffin, Heidi Sent: Thursday, December 11, 2003 10:23 AM To: McGuire, Mike Cc: Glennon, Michel; Rees, Mark; Nicetta, Robert Subject: FW: napoli trucking It appears from the below documentation that this issue must be resolved. Can you pleas( go out and issue a cease and desist order on Mr. Napoli for not complying with the order that he was originally supposed to vacate the premises by December 1, 2003. Please make sure this gets taken care of today as the individual has filed complaints wit) both of us. It appears as though the Zoning Board has given Mr. Napoli adequate time to leave the premises. You might want to call Dom Scalise, Mr. Napoli's attorney, prior to giving the cease and desist. Thank You Very Much. I am sorry you got this task since Bob is on vacation, but the neighbor has a valid point with her complaints. Heidi -----Original Message ----- From: Glennon, Michel Sent: Wednesday, December 10, 2003 2:07 PM To: Griffin, Heidi Subject: RE: napoli trucking Hi, Heidi; The Di Donatos live next door to 52 Inglewood. They must have filled out a complaint form some time June/July 2001. Bob Nicetta wrote Napoli Trucking on 7-4-01 citing a number of problems, such as: truck washing soap scum and oil requiring a Conservation visit [they were cited by Mass. DEP];using a lot owned by someone other than Napoli Trucking for snow plow storage; while non -conforming usage is allowed to continue, any change must be requested by Special Permit and Bob felt the business had expanded without any permission; usage must not be harmful or obnoxious to abutters, etc. He listed a number of large pieces of equipment. The Napolis appealed for a Finding, 2001-026, on 8-7-01; were told that a Special Permit would be more appropriate, and filed for a Special Permit on 9-10-01, 2001-032. They withdrew the 2001-026 Finding without prejudice on 11-13-01. Attorney Scalise doesn't accept only 4 voters; he requests to continue if he doesn't have at least 5. William Sullivan was a voter on 2001-032. The Board pressured Napoli to move. Napoli found space at the Lawrence Municipal Airport. Between Bill Sullivan's January through April or May hiatus and lengthy Lawrence Municipal lease negotiations, 2001-032 was not voted until 8- 12-03. They applied for the Clark Street Special Permit, 2002-053, on 10-10-03 and would have gotten it except for Lawrence Airport abutters that came out in force at the November 2002 meeting. Napoli was first of.3 Airport petitions, and the Airport abutters were very upset with thedir big neighbor. Napoli, Lighthouse, and MacLeod tried to explain that their rentals would allow the Airport to address problems. All 3 continued. Napoli was granted 12-10-02. The lease took another 8 months. Atty. Scalise said they had a lease at the 8-12-03 meeting, and the Board granted Napoli the usage of 52 Inglewood until 11-31-03. All trucks and equipment should have been removed by December 1, 2003. The DiDonatos called the Building Dept. December 1 that the trucks were still there Mike said they had until close of business 12-1-03. They called Dec. 2. Somebody told Mike that Napoli would ask the Board for an extension/modification of 2001-032. Mike gav( me a heads -up. The 1st letter came in. I asked Bill Sullivan if I should list Napoli fo: discussion on the agenda. He said only if they submitted a formal request. Yesterday, Napoli documents, NETSCAN DiDonato etc..doc (32... 12-2-03.pdf (... Hi Mike It appears from the below documentation that this issue must be resolved. Can you pleas( go out and issue a cease and desist order on Mr. Napoli for not complying with the order that he was originally supposed to vacate the premises by December 1, 2003. Please make sure this gets taken care of today as the individual has filed complaints wit) both of us. It appears as though the Zoning Board has given Mr. Napoli adequate time to leave the premises. You might want to call Dom Scalise, Mr. Napoli's attorney, prior to giving the cease and desist. Thank You Very Much. I am sorry you got this task since Bob is on vacation, but the neighbor has a valid point with her complaints. Heidi -----Original Message ----- From: Glennon, Michel Sent: Wednesday, December 10, 2003 2:07 PM To: Griffin, Heidi Subject: RE: napoli trucking Hi, Heidi; The Di Donatos live next door to 52 Inglewood. They must have filled out a complaint form some time June/July 2001. Bob Nicetta wrote Napoli Trucking on 7-4-01 citing a number of problems, such as: truck washing soap scum and oil requiring a Conservation visit [they were cited by Mass. DEP];using a lot owned by someone other than Napoli Trucking for snow plow storage; while non -conforming usage is allowed to continue, any change must be requested by Special Permit and Bob felt the business had expanded without any permission; usage must not be harmful or obnoxious to abutters, etc. He listed a number of large pieces of equipment. The Napolis appealed for a Finding, 2001-026, on 8-7-01; were told that a Special Permit would be more appropriate, and filed for a Special Permit on 9-10-01, 2001-032. They withdrew the 2001-026 Finding without prejudice on 11-13-01. Attorney Scalise doesn't accept only 4 voters; he requests to continue if he doesn't have at least 5. William Sullivan was a voter on 2001-032. The Board pressured Napoli to move. Napoli found space at the Lawrence Municipal Airport. Between Bill Sullivan's January through April or May hiatus and lengthy Lawrence Municipal lease negotiations, 2001-032 was not voted until 8- 12-03. They applied for the Clark Street Special Permit, 2002-053, on 10-10-03 and would have gotten it except for Lawrence Airport abutters that came out in force at the November 2002 meeting. Napoli was first of.3 Airport petitions, and the Airport abutters were very upset with thedir big neighbor. Napoli, Lighthouse, and MacLeod tried to explain that their rentals would allow the Airport to address problems. All 3 continued. Napoli was granted 12-10-02. The lease took another 8 months. Atty. Scalise said they had a lease at the 8-12-03 meeting, and the Board granted Napoli the usage of 52 Inglewood until 11-31-03. All trucks and equipment should have been removed by December 1, 2003. The DiDonatos called the Building Dept. December 1 that the trucks were still there Mike said they had until close of business 12-1-03. They called Dec. 2. Somebody told Mike that Napoli would ask the Board for an extension/modification of 2001-032. Mike gav( me a heads -up. The 1st letter came in. I asked Bill Sullivan if I should list Napoli fo: discussion on the agenda. He said only if they submitted a formal request. Yesterday, N Atty. Scalise called for a faxed agenda without saying anything about Napoli. He represented 2 clients last night; must have seen the DiDonatos in the audience. Nothing was said. The meeting was adjourning when Mr. DiDonato spoke up. Mr. DiDonato mentioned his letter [it was in the non -meeting - for your information part of the Board package]. Bill Sullivan said that the Board had not received any formal request and said Mr. DiDonato should write Robert Nicetta. Mr DiDonato said Mr. Nicetta is on vacation. Mr. Sullivan said he should write to you, Mike and Bob. So, the letter and the call. Mich. -----Original Message ----- From: Griffin, Heidi Sent: Wednesday, December 10, 2003 10:45 AM To: McGuire, Mike; D'Agata, Donna Mae Cc: Glennon, Michel; Rees, Mark Subject: FW: napoli trucking Hi Mike and Donna Mae: I also received a complaint yesterday late afternoon on this property. Mike and Mich, please give me an update on the below property from what is going on from e ZBA standpoint..... I need a response by the end of the day. Thank You, Heidi -----Original Message ----- From: Rees, Mark Sent: Tuesday, December 09, 2003 3:14 PM To: Griffin, Heidi; Richard M. Stanley Subject: FW: napoli trucking Does Ms. Didonato have a legitimate complaint? If yes, can we do anything to help her out? Thanks for looking into this for me., Mark -----Original Message ----- From: NALAHMARIE@aol.com [mailto:NALAHMARIE@aol.com] Sent: Monday, December 08, 2003 9:46 AM To: mrees@townofnorthandover.com Subject: napoli trucking dear mr. rees: i live at 60 inglewood street north andover , neighbor to napoli trucking. for two and a half years we have been before the zoning board of appeals to have napoli trucking move to a commercial zoning district. the zoning board gave a ruling on august 12, 2003 that napoli trucking had to move by december 1, 2003. he has not vacated the premises as yet, despite the ruling by the town, nor has he ever abided by any of the boards decisions. this past friday night at approximately 5:00 p.m. mr. napoli backed his sander up to my front lawn and dispersed sand all over it, he then cleaned out his driveway and scooped all the snow onto my front lawn burying all my reflectors, and then continued to dump snow on my lawn on the other side of my driveway, breaking limbs off my tree. i called the police dept who responded and said they would speak with him. saturday morning, mr. napoli returned and continued using my yard to continue dumping snow and again i called the police, who again responded. now, monday, dec. 8. mr. napoli returns and dumps a bucket load of snow from his back hoe in my driveway. behind my car, blocking me in, again i call the police. the officer observed the situation and is coming back to take pictures. this is getting out of hand and is escalating. someone needs to tell mr. napoli this has got to stop before he causes physical harm to someone. please help us regarding this situation. mr. napoli has never listened to the zoning board nor the police in the past two years. i hope you can be effective. thank you . debra didonato-978-258-1701. 2 McGuire, Mike From: Griffin, Heidi Sent: Thursday, December 11, 2003 10:23 AM To: McGuire, Mike Cc: Glennon, Michel; Rees, Mark; Nicetta, Robert Subject: FW: napoli trucking TJ Napoli documents, NETSCAN DiDonato etc..doc 12-2-O3.pdf Hi Mike: It appears from the below documentation that this issue must be resolved. Can you please go out and issue a cease and desist order on Mr. Napoli for not complying with the order that he was originally supposed to vacate the premises by December 1, 2003.. Please make sure this gets taken care of today as the individual has filed complaints with both of us. It appears as though the Zoning Board has given Mr. Napoli adequate time to leave the premises. You might want to call Dom Scalise, Mr. Napoli's attorney, prior to giving the cease and desist. Thank You Very Much. I am sorry you got this task since Bob is on vacation, but the neighbor has a valid point with her complaints. Heidi -----Original Message ----- From: Glennon, Michel Sent: Wednesday, December 10, 2003 2:07 PM To: Griffin, Heidi Subject: RE: napoli trucking Hi, Heidi; The Di Donatos live next door to 52 Inglewood. They must have filled out a complaint form some time June/July 2001. Bob Nicetta wrote Napoli Trucking on 7-4-01 citing a number of problems, such as: truck washing soap scum and oil requiring a Conservation visit [they were cited by Mass. DEP];using a lot owned by someone other than Napoli Trucking for snow plow storage; while non -conforming usage is allowed to continue, any change must be requested by Special Permit and Bob felt the business had expanded without any permission; usage must not be harmful or obnoxious to abutters, etc. He listed a number of large pieces of equipment. The Napolis appealed for a Finding, 2001-026, on 8-7-01; were told that a Special Permit would be more appropriate, and filed for a Special Permit on 9-10-01, 2001-032. They withdrew the 2001-026 Finding without prejudice on 11-13-01. Attorney Scalise doesn't accept only 4 voters; he requests to continue if he doesn't have at least 5. William Sullivan was a voter on 2001-032. The Board pressured Napoli to move. Napoli found space at the Lawrence Municipal Airport. Between Bill Sullivan's January through April or May hiatus and lengthy Lawrence Municipal lease negotiations, 2001-032 was not voted until 8-12-03. They applied for the Clark Street Special Permit, 2002-053, on 10-10-03 and would have gotten it except for Lawrence Airport abutters that came out in force at the November 2002 meeting. Napoli was first of 3 Airport petitions, and the Airport abutters were very upset with thedir big neighbor. Napoli, Lighthouse, and MacLeod tried to explain that their rentals would allow the Airport to address problems. All 3 continued. Napoli was granted 12-10-02. The lease took another 8 months. Atty. Scalise said they had a lease at the 8-12-03 meeting, and the Board granted Napoli the usage of 52 Inglewood until 11-31-03. All trucks and equipment should have been removed by December 1, 2003. The DiDonatos called the Building Dept. December 1 that the trucks were still there. Mike said they had until close of business 12-1-03. They called Dec. 2. Somebody told Mike that Napoli would ask the Board for an extension/modification of 2001-032. Mike gave me a heads -up. The 1st letter came in. I asked Bill Sullivan if I should list Napoli for discussion on the agenda. He said only if they submitted a formal request. Yesterday, Atty. Scalise called for a faxed agenda without saying anything about Napoli. He represented 2 clients last night; must have seen the DiDonatos in the audience. Nothing was said. The meeting was adjourning when Mr. DiDonato spoke up. Mr. DiDonato mentioned his letter [it was in the non -meeting - for your information part of the Board package]. Bill Sullivan said that the Board had not received any formal request and said Mr. DiDonato should write Robert Nicetta. Mr DiDonato said Mr. Nicetta is on vacation. Mr. Sullivan said he should write to you, Mike and Bob. So, the letter and the call. Mich. -----Original Message ----- From: Griffin, Heidi Sent: Wednesday, December 10, 2003 10:45 AM To: McGuire, Mike; D'Agata, Donna Mae Cc: Glennon, Michel; Rees, Mark Subject: FW: napoli trucking Hi Mike and Donna Mae: I also received a complaint yesterday late afternoon on this property. Mike and Mich, please give me an update on the below property from what is going on from a ZBA standpoint..... I need a response by the end of the day. Thank You, Heidi -----Original Message ----- From: Rees, Mark Sent: Tuesday, December 09, 2003 3:14 PM To: Griffin, Heidi; Richard M. Stanley Subject: FW: napoli trucking Does Ms. Didonato have a legitimate complaint? If yes, can we do anything to help her out? Thanks for looking into this for me., Mark -----Original Message ----- From: NALAHMARIE@aol.com [mailto:NALAHMARIE@aol.com] Sent: Monday, December 08, 2003 9:46 AM To: mrees@townofnorthandover.com Subject: napoli trucking dear mr. rees: i live at 60 inglewood street north andover , neighbor to napoli trucking. for two and a half years we have been before the zoning board of appeals to have napoli trucking move to a commercial zoning district. the zoning board gave a ruling on august 12, 2003 that napoli trucking had to move by 2 december 1, 2003. he has not vacated the premises as yet, despite the ruling by the town, nor has he ever abided by any of the boards decisions. this past friday night at approximately 5:00 p.m. mr. napoli backed his sander up to my front lawn and dispersed sand all over it, he then cleaned out his driveway and scooped all the snow onto my front lawn burying all my reflectors, and then continued to dump snow on my lawn on the other side of my driveway, breaking limbs off my tree. i called the police dept who responded and said they would speak with him. saturday morning, mr. napoli returned and continued using my yard to continue dumping snow and again i called the police, who again responded. now, monday, dec. 8. mr. napoli returns and dumps a bucket load of snow from his back hoe in my driveway. behind my car, blocking me in, again i call the police. the officer observed the situation and is coming back to take pictures. this is getting out of hand and is escalating. someone needs to tell mr. napoli this has got to stop before he causes physical harm to someone. please help us regarding this situation. mr. napoli has never listened to the zoning board nor the police in the past two years. i hope you can be effective. thank you . debra didonato-978-258-1701. 3 DECEMBER 10, 2003 TO: BUILDING COMMISSIONER, D. ROBERT NICETTA, BUILDING INSPECTOR, MICHAEL MC GUIRE, HEIDI GRIFFIN. FROM: VICTOR AND DEBRA DIDONATO 60 INGLEWOOD STREET WE ARE SUBMITTING A FORMAL, WRITTEN LETTER OF COMPLAINT REGARDING NAPOLI TRUCKING. THE ZONING BOARD OF APPEALS VOTED ON AUGUST 12, 2003 THAT NAPOLI TRUCKING VACATE 52 INGLEWOOD STREET AS OF DECEMBER 1, 2003. NAPOLI TRUCKING CONTINUES TO OPERATE AT THIS LOCATION AS WAS REPORTED TO MICHAEL MCGUIRE ON DECEMBER 1, 2003, WE ATTENDED THE ZONING BOARD OF APPEALS HEARING LAST EVENING, DECEMBER 9, 2003, AT WHICH TIME NO EXTENSION WAS REQUESTED BY MR. NAPOLI OR HIS LAWYER, MR. SCALISE. ZONING BOARD CHAIRMAN, MR. SULLIVAN, STATED IN FACT, NO EXTENSION WAS APPLIED FOR NOR WAS ONE GRANTED. HE ALSO STATED THIS ISSUE WAS OUT OF THE ZONING BOARDS HANDS AND IS NOW THE RESPONSIBILITY OF THE OFFICE OF THE BUILDING COMMISSIONER TO ENFORCE THE RULING MADE BY THE BOARD ON AUGUST 12, 2003. IN EFFECT, 52 INGLEWOOD STREET WAS TO CEASE TO BE USED FOR A CONTRACTORS YARD EFFECTIVE DECEMBER 1, 2003 AND SHOULD BE ENFORCED BY THE OFFICE OF THE BUILDING COMMISSIONER TODAY, DECEMBER 10, 2003. it << 206 fat::.. Ppb=A.I...S DECEIVED DEC 112003 BUILDING DEPT. 2ld-Art, its I I-- I -I- o D'Agata, Donna Mae From: D'Agata, Donna Mae Sent: Wednesday, December 10, 2003 9:22 AM To: Griffin, Heidi; McGuire, Mike Subject: Complaint from Mr. DiDinato Mike, Mr. Di Dinato called the office this morning regarding Napoli Trucking, 60 Inglewood. Napoli Trucking was to vacate Dec. 1. Mr. DiDinato attended the ZBA meeting last evening and Napoli did not appear to request an extension of time. Mr. DiDinato was told by Mr.Bill Sullivan to call Heidi Griffin and have Mike McGuire act on the matter. Mr. DiDinato stated Mrs. DiDinato is on her way in with a written complaint. Mr. DiDinato requests a return phone call from Heidi. 978-258-1701. He will be at that number in an hour. Mike, please update Heidi and copy me. Thanks, Donna Mae / a - /s--. a ��s- / M C "(Pi �-Gna-.� Gi 7tvf- •� /iv r 6/ /v ..� T-�- N 7-v = S / a - / b - 3 a b v d �- � ?s .4 S •e�. �i �_ oL h �v .� 1 U.an y �v�rLiar Wrr�'h i�. 1 $(�o 6e- w / 1- 104of""aof h/p" PV Ale,W 4,4 v OAle.5 ,1„spoAW >b '�r/ /71 c y -CJ r P s 'V • - -1P CJ JD A,- w A K ti hu- /3i3 C- K Jrew c / a - /s--. a ��s- / M C "(Pi �-Gna-.� Gi 7tvf- •� /iv r 6/ /v ..� T-�- N 7-v = S / a - / b - 3 a b v d �- � ?s .4 S •e�. �i �_ oL h �v .� 1 U.an y �v�rLiar Wrr�'h i�. 1 DECEMBER 10, 2003 TO: BUILDING COMMISSIONER, D. ROBERT NICETTA, BUILDING INSPECTOR, MICHAEL MC GUIRE, HEIDI GRIFFIN. FROM: VICTOR AND DEBRA DIDONATO 60 INGLEWOOD STREET WE ARE SUBMITTING A FORMAL, WRITTEN LETTER OF COMPLAINT REGARDING NAPOLI TRUCKING. THE ZONING BOARD OF APPEALS VOTED ON AUGUST 12, 2003 THAT NAPOLI TRUCKING VACATE 52 INGLEWOOD STREET AS OF DECEMBER 1, 2003. NAPOLI TRUCKING CONTINUES TO OPERATE AT THIS LOCATION AS WAS REPORTED TO MICHAEL MCGUIRE ON DECEMBER 1, 2003. WE ATTENDED THE ZONING BOARD OF APPEALS HEARING LAST EVENING, DECEMBER 9, 2003, AT WHICH TIME NO EXTENSION WAS REQUESTED BY MR. NAPOLI OR HIS LAWYER, MR. SCALISE. ZONING BOARD CHAIRMAN, MR. SULLIVAN, STATED IN FACT, NO EXTENSION WAS APPLIED FOR NOR WAS ONE GRANTED. HE ALSO STATED THIS ISSUE WAS OUT OF THE ZONING BOARDS HANDS AND IS NOW THE RESPONSIBILITY OF THE OFFICE OF THE BUILDING COMMISSIONER TO ENFORCE THE RULING MADE BY THE BOARD ON AUGUST 12, 2003. IN EFFECT, 52 INGLEWOOD STREET WAS TO CEASE TO BE USED FOR A CONTRACTORS YARD EFFECTIVE DECEMBER 1, 2003 AND SHOULD BE ENFORCED BY THE OFFICE OF THE BUILDING COMMISSIONER TODAY, DECEMBER 10, 2003. IEcE�wE 0 u�; - . , '(-1_ ) 2003 �� ' "D OF Ar" PEALS '+ POLICE Im From the D E P A A T M E N T CRIMINAL INVESTIGATION DIVISION ' "Community Partnership" 566 MAIN STREET, NORTH ANDOVER, MASSACHUSETTS 01845-4099 - TELEPHONE: 978-683-3168 • FAX: 978-687-0948 TO: /C --v ATTENTION: FAX NUMBER: 2 7 ��'--- FROM: z r REGARDING: NOTES/COMMENTS: D4 TOTAL NUMBER OF PAGES IN THIS FAX, INCLUDING COVER: NOTE: If you have any questions or problems regarding the materials being faxed, please contact the undersigned at the above numbers. The information contained in this transmission is privileged, confidential and intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this facsimile transmission is strictly prohibited. If you have received this communication in error, please notify the North Andover Police Department immediately by telephone. Collect and return the original message to us at the address shown above, via the U.S. Postal Service. We will reimburse you for required postage, telephone calls or any other expenses you may incur. T'd 8fG0L898LGT a I 0 u N eca:80 co 81 00a Any appeal shall be filed Notice of Decision within (20) days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: Clark Street — Corrected Co (Typing Errors' NAME: Napoli Trucking Co., 52 Inglewood Street HEARING(S): 11/12 & 12/10/02 ADDRESS: Clark Street PETITION: 2002-053 North Andover. MA 01845 TYPING DATE: 12/18/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, November 12, 2002 at 7:30 PM upon the application of Napoli Trucking Co., 52 Inglewood Street, for premises at: Clark Street, North Andover, requesting a Special Permit from Section 9, Paragraph 9.1 to construct a contractor's yard on a non- conforming lot (Lawrence Municipal Airport). The said premise affected is property with frontage on the West side of Clark Street within the I-2 zoning district. The following members were present: Walter F. Soule, John M. Pallone, Scott A. Karpinski, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion by John M. Pallone and 2nd by Walter F. Soule, the Board voted to GRANT the Special Permit from Section 9, Paragraph 9.1 to allow for the construction of a contractor's yard on a non -conforming lot (Lawrence Municipal Airport) per Site Development Plan for Napoli Trucking on land off Clark Street, North Andover, Mass., prepared by Philip G. Christiansen, Civil Engineer ,#28895, Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830, dated September 28, 2002, last revised March 17, 2003. Voting in favor: Walter F. Soule, John M. Pallone, Scott A. Karpinski, Ellen P. McIntyre, and Joseph D. LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental to the neighborhood; and that an abutter's request for landscaping is a Planning Board issue, not a Zoning Board issue. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, Walter F. Soule, Acting Chairman Decision 2002-053 Corrected Copy (Typing Errors). Date ....... -S-- 7- / - 0.7 .......................... TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that ....... LC ...... LFA .....<'.4........ has permission to perform K7P . .... wiring in the building of . ...................... ......... A0.2.4. ... e-?.. C at ..... .......... . <7 ....................-NorthAndover, Mass. -we-, Fee.�.i ......... Lic. No. 537.................... EL Check # 7396 J IV 6 COrIUroO/{a/eaUh o� Masaacluoef Official Use Only 2eParltmentt of ,}ire Service] Permit No. 73 Z, BOARD OF FIREOccupancy and Fee Checked .PREVENTION REGULATIONS [Rev. 1/07] leave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code (MEC), 527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: M City or Town of: ©, �/, �-LL'%L To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location (Street & Number) -E Owner or end/j! j C �/? rl �L=1� 14P �2_ %fid `�G-C -��� Telephone No. _6�8- Ton Owner's AddressCIC4 l,7?6N S r, Gy0 op V/iy(x a/PO Is this permit in conjunction with a building permit? Yes ❑ No ❑ (Check Appropriate Box) Purpose of Building &Wt'%s VYI-f�Z Utility Authorization No,_0 /Z/ Existing Service Sod Amps 2:)`) / 4 -?0 Volts Overhead ❑ Undgrd No. of Meters New Service (,2V6— Amps ZX) / 480 Volts Overhead ❑ Undgrd No. of Meters�/q Number of Feeders and Ampacity ,s11ja4 �'�/(��� � �(� {�G/�,U7 - �lp,� yd Location and Nature of Proposed Electrical Work: Completion o the ollowin table ma be rue w d b the1 t W' a In No. of Recessed Luminaires No. of Ceil: Susp. (Paddle) Fans ec oro tres. o, of Total Transformers KVA No. of Luminaire Outlets No. of Hot Tubs Generators KVA No. of Luminaires Swimming Pool Above ❑ In- ❑ rnd. rnd. o, o mergency Lighting Batt= Units No, of Receptacle Outlets No. of Oil Burners FIRE ALARMS I No. of Zones No, of Switches No. of Gas Burners o. of Detection and Initiating Devices No. of Ranges No. of Air Cond. Total Tons No. of Alerting Devices No. of Waste Disposers Heat Pum Totals: P Number "" """ Tons """"""""""""""""""""""""' KW No. of elf -Contained Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW Local ❑ Municipal ❑ Other Connection No. of Dryers No. of Water KW Heaters Heating Appliances KW No. of No. of Signs Ballasts Security ystems:* No. of Devices or Equivalent Data Wiring: No. of Devices or Equivalent No. Hydromassage Bathtubs No. of Motors Total HP Telecommunications Wiring: No. of Devices or Equivalent OTHER: /r'6M&I//9'L S Attach additional detail iJ desired, or as required by the Inspector of Wires. Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ❑ BOND ❑ OTHER ❑ (Specify:) I certify, under the pains and penalties of perjury, that the information on this application is true and complete. FIRM NAME: / LL o -0 < <C- / LIC. NO.: %� YY 9 L� Licensee: / (t,/q.�i1 N E G o S S/ A P Signature LIC. NO.: (If applicable, enter " empt " in the license urn bTine.Bus. Tel. No.: Address: V 1J /�(, lek17 Alt. Tel. No.: *Per M.G.L. c. 147, s. 57-61, security work requires Department of Public Safety "S" License: Lic, No, OWNER'S INSURANCE WAIVER:. I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent. Owner/Agent Signature Telephone No. PERMIT FEE: $ The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 sr www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): Mq alu&lw Address: -EV T 1Z o 14 City/State/Zip: R E6 (�/X/G, M9 0 /2'6q Phone #: _� V_ Are you an employer? Check the appropriat x: 1. El am a employer with 4. am a general contractor and I employees (full and/or part-time).* have hired the sub -contractors 2.0 am a sole proprietor or partner- listed on the attached sheet. # ship and have no employees These sub -contractors have working for me in any capacity. [No workers' comp. insurance required.] 3. ❑ I am a homeowner doing all work myself. [No workers' comp. insurance required.] f workers' comp. insurance. 5. ❑ We are a corporation and its officers have exercised their right of exemption per MGL c. 152, § 1(4), and we have no employees. [No workers' comp. insurance required.] VV 60S LILl- X03 / Type of project (required): 6. [ New construction 7. ❑ Remodeling 8. ❑ Demolition 9. ❑ Building addition I O9Electrical repairs or additions 1 ❑ Plumbing repairs or additions 12.❑ Roof repairs 13.❑ Other *Any applicant that checks box # I must also fill out the section below showing their workers' compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. :Contractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information. I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy # or Self -ins. Lic. #: Job Site Address: Expiration Date: City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct. Signature:li( �i���� �2�it Date: ravo S Official use only. Do not write in this area, to be completed by city or town official City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone #: SES'F 49tC r,(4,t,-C 6�ft ll� u' a Date ... 5:. 2- ........... -2- ....- ..... 0. 7 TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that ............. r V........ . .Z ......... 7— ........ has permission to perform .7,�'?k 4kFR 72 .. ............. wiring in the building of ... 46 ................... at .....14'�k ..... ................... . NorthUdover, Mass. FW�!� ........... Lic. No... A ... .... .... . ....... .... .................... ELEcrRI/AL INSPECTOR Check # 7402 yj Commonwealth of Massachusetts Department of Fire Services BOARD OF FIRE PREVENTION REGULATIONS Official 71-102— UseOnly Permit No. Occupancy and Fee Checked [Rev. 1/071 (leave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code (MEC), 527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: 7 City or Town of: NORTH ANDOVER To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location (Street & Number) 4/ CC /I R k S yl -- Owner Owner or Tenant a1 ,i 're u7't-/z) /0 /�� R, Telephone No. Owner's Address 17 - Is this permit in conjunction with a building permit? Yes ❑ No ❑ Purpose of Building (Check Appropriate Box) Utility Authorization No. Existing Service Amps / Volts Overhead ❑ Undgrd ❑ No. of Meters New Service Amps / Volts Overhead ❑ Undgrd ❑ No. of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: 6 U.A- tZ %J C n rL. t 7- /-i 7- S Completion of the following table may be waived by the lnsvector of Wires. No. of Recessed Luminaires No. of Ceil.-Susp. (Paddle) Fans No. of Total Transformers KVA No. of Luminaire Outlets No. of Hot Tubs Generators KVA No. of Luminaires Swimming Pool Above ❑In- ❑ rnd. grnd. o. of Lmergeney Lighting Battery Units No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Switches No. of Gas Burners oNo. Detection and Initiating Devices No. of Ranges otaITons No. of Air Cond. Total Tons No. of Alerting Devices No. of Waste Disposers Heat Pump Number Tons I KW No. of elf -Contained Totals: Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW Local ❑ Mun"cipal ❑ Other Connection No. of Dryers Heating Appliances KW Security Systems:" No. of Devices or Equivalent No. o Water KW No. of No. o Data Wiring: Heaters Signs Ballasts No. of Devices or Equivalent No. Hydromassage Bathtubs No. of Motors Total HP Telecommunications Wiring: No. of Devices or Equivalent OTHER: Attach additional detail if desired, or as required by the Inspector of Wires. ` Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ❑ BOND ❑ OTHER ❑ (Specify:) I certify, under the pains ant! penalties of perjury, that the information on this application is true and complete. FIRM NAME: 64JO/0c, Z"(&c- 1 n C. LIC. NO.:laai'7 4 Licensee: Ute C. % a3 /-,,j ,,, s J-/, Signature ��— ,� (�, LIC. NO.: Z 3 L' J y e (/f applicable, enter "exempt" in the license niunber line.) Bus. Tel. No.: Z 72 Y7 Address: Z`/ Pi[ 6,1 fl-- v /Ll ti -k . 114- p lyv j'A Alt. Tel. No.: *Per M.G.L c. 147, s. 57-61, security work requires Department of Public Safety "S" License: Lic. No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent. Owner/Agent PERMIT FEE: $ Signature Telephone No. .� The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 ! y www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): Address: City/State/Zip: Phone #: Are you an employer? Check the appropriate box: L ❑ I am a employer with 4. ❑ I am a general contractor and employees (full and/or part-time).* have hired the sub -contractors 2. ❑ 1 am a sole proprietor or partner- listed on the attached sheet. 1 ship and have no employees These sub -contractors have working for me in any capacity. [No workers' comp. insurance required.] 3. ❑ 1 am a homeowner doing all work myself. [No workers' comp. insurance required.] T workers' comp. insurance. 5. ❑ We are a corporation and its officers have exercised their right of exemption per MGL c. 152, § 1(4), and we have no employees. [No workers' comp. insurance required.] Type of project (required): 6. ❑ New construction 7. ❑ Remodeling 8. ❑ Demolition 9. ❑ Building addition 10.0 Electrical repairs or additions 11.❑ Plumbing repairs or additions 12.❑ Roof repairs 13.❑ Other *Any applicant that checks box # I must also fill out the section below showing their workers' compensation policy information. fi Homeowners who submit this affidavit indicating they are doing all work and than hire outside contractors must submit a new affidavit indicating such. #Contractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information. I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy # or Self -ins. Lic. #: Job Site Address: Expiration Date: City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct. Sip -nature: Date: Phone #: Official use only. Do not write in this area, to be completed by city or town officiaL City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone #: