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HomeMy WebLinkAboutMiscellaneous - 2324 TURNPIKE STREET 4/30/2018V x x a E o C o^„ C cC c0 CU C[ M M co N D W IfJ n m C U O. U W �E a a ® N Z z � Cd Cd " O 0] J E— cF'z c5C N VJ L Bk 11729 P:s150 �`2:3758- ABOVE FOR REGISTRYOFDEEDS USE ONLY COVER SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT DO NOT REMOVE 2 32y jvn wPi�re A64 -D �"C O . raw aou a it -Z.0 Ci= Af PZAC.S 4"+� GRANTEE 2_3 ZL( 7�n N P) )cF 5 v ADDRESS OF PROPERTY CITY/TOWN TYPE OF O CUMENT MLC ASSIGNMENT TYPE DEED 6D MORTGAGE NOTICE DISCHARGETYPE SUBORDINATION AFFIDAVIT CERT DEC OF HOMESTEAD UCC TYPE TYPE DEC OF TRUST OTHER re at f ce e� DECl Slaa DESCRIBE Esser N®rih Regigtry OfDeed s Robert F. Kelley, Register 354 Merrimack St. Suite 344 Lawrence, MA 01843 (978) 683-2745 www.lawrencedeeds.com .w Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A 817 Notice of Decision Year 2009 Property at: 2324 Turnpike Street FE.C'EIVE0 TOWN :"11" OFFICE 2009 JUL 22 AM 8: 53 NAME: 2324 Turnpike Road, LLC, 2324 HEARING(S): July 21, 2009=:, { Turnpike Street, Mark Brooks, Manager �dO.R i � ANDOVER 167-169 Onset, LLC, MA$SACHUSET T S Kenneth M. Ellis, Manager ADDRESS: 2324 Turnpike Street (Map 108A, PETITION: 2009-010 Lot 8), North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, July 21, 2009 at 7:30 PM in the Senior Center, 120R Main Street, North Andover, Massachusetts upon the application of 2324 Turnpike Road, LLC, 2324 Turnpike Street (Map 108A, Lot 8), North Andover, MA to reinstate and/or re -issue variances ("Variances") originally granted by the Zoning Board of Appeals ("ZBA") to Little Professionals, Inc., by decision filed with the North Andover Town Clerk on April 29, 2003 and recorded in the Essex North District Registry of Deeds on May 12, 2004 in Book 8779, Page 1 ("ZBA Decision"), as extended by a decision of the ZBA dated May 14, 2004 ("ZBA Extension") and to affirm that the special permits ("Special Permits") granted in the ZBA Decision did not expire and are in full force and effect, having been exercised and recorded within two years of the issuance of the ZBA Decision. Legal notices were sent to all names on the abutter's list and were published in the Eagle - Tribune, a newspaper of general circulation in the Town of North Andover, on July 7 and July 14, 2009. The following voting members were present: Ellen ML 1 h4yrC) RiC6ird BXe1r,5 30_SCp_ 4.LA(Srras�, The following non-voting members were present:' T (tcr✓► 1ppo11Fb R-ickOrd 1rCWatlecori J . mi'C' p" 1ChQ� Upon a motion by Kictla`�'t,f �yft j and 2°d 11/stj I qn cow rl- , the Board voted to GRANT the g"C� applicant's request to reinstate/reissue the Variances and to affirm that the Special Permits did not expire and are in full force and effect. The Board finds as follows: 1. The property is owned by 167-169 Onset, LLC and under agreement to purchase by 2324 Turnpike Road, LLC. 2. The relief requested is solely because the ZBA Extension was not recorded in the registry of deeds. 3. The Variances and Special Permits were exercised prior to expiration of the ZBA Extension. The failure to record the ZBA Extension did not nullify or affect the Variances or Special Permits. 4. The property was constructed in accordance with the terms and conditions of the Variances and Special Permits and an occupancy permit issued on September 16, 2005 and was thereafter occupied as a child care facility. 5. The applicant has satisfied the provisions of Section 10, 10.4 of the zoning bylaw and the granting of the requested relief will not adversely affect the neighborhood or derogate from the intent and purpose of the zoning bylaw. North Andover Zoning toard of Appeals Decision XTTEST,. This is to certify that twenty (20) days :1 TI ,ue,Copy have elapsed from date ofdecision, filed HERMAN AND PENNER, P.C. without filing of gnppeal. - ATTORNEYS AT LAW Date _ �7ws></1?3 ESSEX GREEN DRIVE, SUITE 3 Town Clerk Joyce A. Bradfihaw Town Clerk PEABODY, MASSACHUSETTS 01960 Ippolito, Mary From: _ Ippolito; Mary Sent: Wednesday, July 01, 2009 11:20 AM To: Ippolito, Mary; Glennon, Michel Subject: RE: variance Mich, Your contact person for this is Jenny Lee 978-263-7777 ext 228 she works for Mark Brooks (?) who is the guy that's purchasing the Little Professionals property. This thing became urgent because Mark Brooks went to Mark Rees to get this pushed thru because there is a buyer for Little Professionals property and he wants to be in by this September. Mary -----Original Message ----- From: Ippolito, Mary Sent: Wednesday, July 01, 2009 10:15 AM To: Glennon, Michel Subject: variance Hi Mich, While you were out, the new owner of Little Professionals came into the office and requested an application for a variance for that property. I worked with him and re -wrote the legal notice and plugged in the meeting date of July 21 st and advertising dates of July 7 and 14, 2009. 1 also booked the Senior. Center for July 21 st. His lawyer will take the information and do his due dilligence to get the legal notice advertised in time. I gave him the fee schedule for a variance, he hasn't paid,for it yet. Keep an eye on the Tribune to make sure they advertised on the 7th and 14th and you will have to follow=up with the guy to get him to give you certified slips and stamps etc. Mary r j ,ta 1 ---' JUN. 29. 2009 12:17PM URBELIS & FIELDSTEEL URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MA 02110 Telephone: (617) 338-2200 Telecopier. (617) 338-0122 Andover Telephone: (8T$) 4754552 FAX COVER SHEET TO: Louis N. Levine, Esq. CC: Board of Selectmen Mark Rees Gerald Brown Curt Sellavance FROM: Thomas J. Urbelis, Esq. RE: 2324 Turnpike St., N. Andover, MA DATE: June 29, 2009 Number of pages including cover sheet: 3 Message: N0. 736 P. 1 FAX; (978) 264-4888 (978) 688.9556 (978) 688-9556 (978) 688-9542 (978) 688-9542 PHONE: (617) 338-2200 THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE 15 PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE MOMDUAL OR ENTITY NAMED ABOVE. IF TME READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIM40 THAT ANY OISSOMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. 'JUN, 2F9. 2009 12:17PM URBELIS & FIELDSTEEL N0. 136 P. 2 THOMAS I. URBIUS email OU@uf-law.corn URBELIS & PIELDSTFEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-318-2200 Telecopier 617-338-0122 June 29, 2009 By Fax & U.S. Mail Louis N. Levine, Esq. D'Agostine, Levine, Parra & Netburn, PC 268 Main Street, P.O, Box 2223 Acton, MA 01720 RE. 2324 TURNPIKE STREET, NORTH ANDOVER, MA C TI IE PROPERTY") Dear Attorney Levine: Andover Telephone 978.475-4552 I have reviewed your letter dated June 25, 2009 to Gerald A. Brown, the North Andover Building Commissioner. As you stated in your letter, the prior owner apparently failed to record the Extension of the Setback Variance at any time, and a building permit was applied for and issued more one year after the original Special Permit and Setback Variance was issued. In COMCU v. Board o s o cu decided May 22, 2009, the Supreme Judicial Court stated: "We agree with the Land Court judge that under G. L. c. 40A, § 11, fifth par., ... a variance does not take effect' until it is recorded and that the recording of a variance within one year of its grant is necessary to `exercise' it. The ordinary meaning of the phrase `take effect' is to become operative.' Webster's Third New Int'1 Dictionary, supra at 2331. Thus, the variance could not become operative, and by implication, could riot be exercised, until it was recorded. Here, despite the advisement on the certificate granting him a variance,_ Cornell fail to record the variance within one veer of its $rant. and thcreby caused the variance to lipse. "Even if the variance had been; recorded timely, we would nonetheless conclude that Cornell's actions fell short of `exercising' the variance. We agree with the Land Court judge and the Appeals Court, that at the very least, in addition to recording the variance, Cornell needed to obtain a building permit or convey one of the lots in reliance on the variance.... Without a building permit or a conveyance of one of the lots, Cornell did not utilize the variance, or `make [it] w;lwpst�orkYranaeaekone,puavio,hf.0oe JUN. 29.2009 12:18PM URBELIS & FIELDSTEEL N0. 736 P. 3 URB4LIS & FIELDSTEBL, LLP June 29, 2009 Page 2 effective in action,' because he did not undertake any action on the lot necessitating the variance." (emphasis supplied) Thus, it appears that the Extension of Setback Variance never took effect and has lapsed (due to failure of the owner to record within one year), and the Special Permit and Setback Variance had lapsed (due to failure of the owner to obtain building permit within one year) prior to the issuance of the building permit. Your letter quotes G.L. ch. 40A, §3 which provides that with regard to a childcare facility, such a structure "may be subject to reasonable regulations ... determining setback,". so I assume you will agree that even with regard to a childcare facility, the Town may requre a reasonable setback. Recognizing that estoppel may not be asserted against a municipality in the enforcement of its zoning bylaws ("The right of the public to have the zoning by-law properly enforced cannot be forfeited by the action of its officers." Cullen v Building Inspector of N. Attleborough, 353 Mass. 671, 675 (1968); see Building .Inspector of Lancaster v. ,Sanderson, 372 Mass. 157, 167 (1977) (holding a municipality cannot be estopped from enforcing a zoning bylaw after previously granting permits to individuals contrary to the provisions of the zoning bylaw); Dresser v Building for of Southbrid e, 348 Mass. 729, 731 (1965) (noting estoppel cannot stay the hand of a municipality in enforcing its zoning bylaws)), could you please provide any caselaw or other authority which would be the basis for not concluding that another application to the Zoning Board of Appeals for a variance and special permit is required in this case in order to comply with the Town zoning bylaw. Thank you for your anticipated response. very truly yours, s Thomas rbelis North An ver Town Counsel TJU/kmp cc: Board of Selectmen Mark Rees Gerald Brown Curt Bellavance 27% E-+ U r 27% E-+ U 0^C W rA aW4 CL LM SA LA E co ca CL Cl w — —ca co ®ow ca CL CD ca O �XiU) tj Z C. -0 ca x or o C/) aW4 CL LM w U) U)ul ce w w lz w w U) SA LA E co ca CL Cl w — —ca co ®ow ca CL CD ca O ca CD Z C. ca or w U) U)ul ce w w lz w w U) ..•.... ..vv• .w• •fin• v v>..0 aa..vv..aw gmVVl/VVl , >., � ;,,••� .•, 8�48���` ,. p..c• . i Plat T,� .p $ JflYC ' ' • • • . EOBi�#Ullf • 1'� A►•ll�•4fl1�i►�tl+•atdo�:•Masea•��' ••.. ; � • :: .. '. • ' • .. i • • • � �' • • ' • � � .rte: 9sa t � . �' : • '''D: �ob�st� 1.7g, ? _ ; • _ . •: . � �. ' �� t�1 1.845 . � : . � , . . '� • • • ' �ptattA.�li�a�ree ,N m4S ' . � .418+15- • ' f: {,[_ .. . ` Y > a` & sit(6) MORE tlrt 8ie RM4 of 'ppr°"ed •, t6� 44. pn YrccB+vt. MA. • �� - -�o oma* �,,xoe4 _ � t�3m.��' •Mss.• ' ' e? 3 enaa4r+fr ln°daa 1 ' WWtlstF. Sada ` �enfse�of Imb' mvlw Mae ' lbrts od•aaitab. �dc3isdxich :gyara•Ve,ob�$ { t6wu Cb* ' � � � • w,eaornypa��.�s4u *asxs. catao�e� . . ,, ... • AHHFN UAGOSTINE, LEVINE, PARRA & NETBURN, P.C. Attorneys at Law Louis N. Levine F. Alex Parra Cathy S. Netburn Maryann Cash Cassidy June 25, 2009 VIA EMAIL:brg own(a,townofnorthandover.com And FIRST CLASS MAIL Gerald A. Brown, Inspector of Buildings Town of North Andover 1600 Osgood Street North Andover, MA 01845 268 Main Street I P.O. Box 2223 1 Acton, MA 07720 tel 978.263.7777 fax 978.264.4868 RE: 2324 Turnpike Street, North Andover, MA ("Property") Dear Mr. Brown: Please be advised that this office represents 2324 Turnpike Road, LLC ("Buyer"), in connection with its purchase of the Property. The Buyer intends to purchase the Property prior to the end of this month and lease the Property to Little Sprouts, Inc. ("Tenant"), which. intends to operate a day care center at the Property commencing on or about September 1, 2009. Therefore, the interim timing is critically important as the Tenant has some cosmetic work to prepare the Property and market the day care center to prospective parents/customers. In order to purchase the Property the Buyer needs assurance that the Tenant will be allowed to operate the day care center. Pursuant to Sections 9.1 and 4.132, #16, of the North Andover Bylaw (`Bylaw"), the Board of Appeals issued a special permit and setback variance ("Special Permit and Setback Variance") dated April 29, 2003, and recorded with the Essex North Registry of Deeds on May 12, 2004, in Book 8779, Page 1. The Board of Appeals granted an Extension of the Setback Variance on May 14, 2004, extending the Setback Variance until October 28, 2004. It is our understanding that the building permit for the day care center was issued prior to expiration of the Setback Variance as extended. Construction pursuant to the building permit was completed and an occupancy permit for the day care center, as permitted to the Special Permit and Setback Variance, was issued on September 16, 2005. Thereafter, the Property was used as a day care center until sometime last fall when the Property was foreclosed. In reviewing the records at the Essex North Registry of Deeds, we have been unable to verify recording of the Extension of the Setback Variance. The Buyer intends to apply to the Board of Appeals for such relief as may be necessary to clarify the record at the registry of deeds and confirm the ongoing existence of the Setback Variance. However, without assurance that the Tenant may operate the day care center, the time required to file and come before the Board of Appeals will prevent the Tenant's plan to operate at the Property on or about September 1, 2009 and opening after the start of the school year will negatively impact first year enrollment. www.dlpnlaw.com UAGOSTINE, LEVINE, PARRA & NETBURN, P.C. Attorneys of Low Gerald A. Brown, Inspector of Buildings June 25, 2009 Page 2 Although the Board of Appeals issued the Setback Variance authorizing the day care center as constructed, it is respectfully suggested that pursuant to G. L. c. 40A, §3, relative to child care facilities, the day care center, as constructed, is permitted as a matter of right. G. L. c. 40A, §3, provides, in relevant part: No zoning ordinance or bylaw in any city or town shall prohibit, or require a special permit for, the use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child care facility; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. As used in this paragraph, the term "child care facility" shall mean a day care center or a school age child care program, as those terms are defined in section nine of chapter twenty-eight A. [Emphasis added.] Therefore, the Board having found the setbacks at the Property as constructed are reasonable, the use of the Property as a Day Care Center is permitted as a matter of right without the Setback Variance. Trustees of Tufts College v. City of Medford, 415 Mass. 753, 760 (1993)[Accommodation sought to be accomplished by Dover amendment, between educational use of property and matters of critical municipal concern, cannot be achieved by insisting that educational institution seek variance to obtain permission to complete its project.] Therefore, it is our understanding that you will permit the Tenant to operate a day care center at the Property despite the fact that the Extension to the Variance may not have been timely recorded at the Registry of Deeds. It would be appreciated if you can confirm the foregoing in writing. I would be pleased to answer any questions or speak with town counsel should you think it necessary. Thanking you for your anticipated cooperation and courtesies, I remain Very truly yours, D'AGOSTINE, LEVINE, PARRA & NETBURN, P.C. By: LNL/jmh Louis N. Levine Cc: David Hale — Via Email e-mail: llevine(a-),dlpnlaw.com Robert W. Herman, Esq. — Via Email civilbmni\n. AndoveAlettersUetter to Gerald Brown Town of North Andover Office of the Zoning Board of Appeals ' Community Development and Services Division s , 27 Charles Street North Andover, Massachusetts 01845 c D. Robert Nicetta Building Commissioner Mr. Ames K Richards Little Professionals, Inc. 7 Laconia Circle Nadi Andover, Massachusetts 01845 RE: 2324 Tluapike Sttwt North Andover, Massachusetts 01845 Regarding your request for a six (6) month extension of your Variance: Telephone (978) 688-9542 Fax (978) 688-9542 May 14, 2004 Town ofNorth Andover Zoning Board ofAppeals 27 Charles Street North Andover, MA 01845 Please be advised that the Zoning Board of Appeals approved a six (6) month extension relative to property at: 2324 Turnpike Street, North Andover, MA, ref re nce attached decision #2002-0S4. The Zoning Board of Appeals voted to grant a six (6) month exteansion from April- 29, 2004 to October 28, 2004 at the regular May 13, 2004 meeting upon a motion by Walter F. Soule and 2' by Ellen P. McIntyre. Maw. Gent. L., cin. 40A, § 10 allows the Vw ieance permit granting authority to "extend the time for mom -ciao of such rights for a period not to excel six motAW. Voting in favor: William J. Sullivm Walter F. Salle, Ellen P. McIntyre, Joe E. Smith, and Richard J. Byers. i William J Su]lwaii, v.aa.+u.Ma.7 Zoning Board of Appeals F CC: Town Clerk .0 ZBA file •; ;t-. IRtVWYO ,jam l•• ',f,!�, a. V Boats of Appeals 978.688.9541 Building 978.688-9545 Conservation 978-688.9530 Health 978.688-9W Pkming 978-688-9535 Town of North Andover *� rico ,s Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street ' +. North Andover, Massachusetts 01845* D. Robert Nic a to Telephone (978) 68&9541 Bull ft Comminfoner Fax (978) 688-9542 ieo- rn, E5 r- -- C�=� Y The Board finds that the applicant has satisfied the provisions of Section 10, PaWN& 10.4 of thE? zoning bylaw and that the granting of this variance will not adversely affed the neighborhood or dwopte kom the ink and purpose of ft zoning bylaw, and Section 9, Pwegrapb 9.1 and Section 4, Pan g io 4.132 916 of the zoning bylaw and that such change, a ension or alteration shall not be subaat mdally move ftimental to the neighborhood. Furlhamom if the rights authorized by the Variance are not woercised within one (1) year of the dot of the grant, it shall lapsdi, and may be re-esabliahed only ager notice, and a new homing. Furthermore, We Spec;W Permit g =AW under the pwvidons oontaiied hana shall be deemed to have lapsed atw a two (2) year period frown the date on which the SpwW Permit was unless substantial use or mon has commenced. it shall lapse and may be re-established' only afta notice, and a new hearing. Deoisicn 2003-054 Page 2 of 2 Town ofNorth Andover Board of Appeals, W. Walter F. Soule, Vice Ch@—n an Board of App" 978 688.9541 D~794W930 COMM -M OU 978-M-0330 Hedy 97&68&9540 PWw&8 978-6819533 Town of North Andover . •� Office of the Zoning Board of Appeals ,' • . ;. b Community Development and Services Division 27 Owles Street•• f North Andover, Massachusetts MUS D. Rost NkcM Telephone (978) 688-9541 Building Comndssioner Fax (978) 688-9342 Any appeal shall be filed Notice of Doddoaa tv � � a; within (20) days saw the Year 2003r�-> z date of filing of this notice o no � r - in the office of the Town Clark. at: 2324 Turn Street n NAME: Little Prohssionab4 lac, Jim Ric ha rck Ems: December 10, ME Treasurer February 11 i April 14, 2003 ADDRESS: for promises at: 2324 TurnpOn Street PETPTION: 2002454 Nath Andover, MA 01845 TYP1Nt3 DATE: April 17.2003 The North Andover Board of Appeals held a public hearing at its regular, meeting on Wednesday, at 7:30 PM upon the application of Little Professimals, Ine., Jim. Richards (treasurer), 7 Laconia Circle, for premises at: 2324 Tankp8m Street, North Andover fix dimensional Variance from Section 7, Paragrah 73 and Table 2, (Page FN -I, #1.100' setback tom Rte 114). Section 7. Paragraph 7.3 and Table 2, (50' setback tom Sharpners Pond Road); and a Special Permit from Section 9, Paragraph 9.1 (Nan-Con1hrming Use) and Section 4, Paragraph 4.132 #16 (1-1 Day Care Center by Special Permit) to allow for the construction of a day care center on a noon-confeaming lot The said premise affected is property with frontage an the East side of Turnpike Street within the 1-1 zoning district. The following members were present: Welber F. Souk. Robert P. Ford, John 14 Pallone, and George Ni Barley. t1pon a motion made by Joseph D. i a3rasee and 2"" by John X Mone, the Board voted to GRANT the request for dimensioned Variances frown Section 7, Paragraph 7.3 and Table 2 for relief of 25' fivm Sharpnars Fond Road and for relief tont Table 2, FN -1 for SO' tom the 100' setback from Route 114 right-of—way, and Spa" Permits from Section 9, Paragmph 9.1 in order to construct a natio struabre for a non-axit fining use on a p rewwdsting, non conforming lot, and Section 4, Paragiraph. 4.132 #16 in order to operate a day care canter in the I-1 zoning district. The Variance and Special Permit are granted on the Mowing conditions: 1. The V floor is to be used for oboes only, day care activities and children to be restricted to the fast floor, only. 2. The plans numbered 1-6 to 6.6, dated 4fV03, 5th revision be submitted to and subject to review by the Fire Department, Police Department Division of Public, Warks, Conservation Commission, Board of Health, and Planning Board as listed in the Technical Review Committee Report dated April 15, 2003, concerning the Little Pralxssionals, ins: 3. no proposed playground protection berm, fencing, and landscaping rocks and tram be included in the Ste Plan Renew ofthe Planning Hoard. 4. The signage symbols shown on the Site Plan, sheet 3 of 6, revised 41L03 are not included in the approval granted in this decision. Voting in ftvor: Walter F. Soule, Robert P. Ford, John M Pallone. and George M. Barley. Page I oft lwd of Appals 97&•68&9541 BuUd" 978.68&9545 Conmvation, 978.688-8530 HOM978.6M9s4o Plan M9978.688-9535 FDIHHI-Nl UAGOSTINE, LEVINE, PARRA & NETBURN, P.C. Attorneys at Law Louis N. Levine F. Alex Parra Cathy S. Netburn Maryann Cash Cassidy June 25, 2009 VIA EMAIL: gbrowngtownofnorthandover.com And FIRST CLASS MAIL Gerald A. Brown, Inspector of Buildings Town of North Andover 1600 Osgood Street North Andover, MA 0 1845 RE: 2324 Turnpike Street, North Andover, MA ("Property") Dear Mr. Brown: 268 Main Street I P.O. Box 2223 1 Acton, MA 01720 tel 978.263.7777 fax 978.264.4868 Please be advised that this office represents 2324 Turnpike Road, LLC ("Buyer"), in connection with its purchase of the Property. The Buyer intends to purchase the Property prior to the end of this month and lease the Property to Little Sprouts, Inc. ("Tenant"), which intends to operate a day care center at the Property commencing on or about September 1, 2009. Therefore, the interim timing is critically important as the Tenant has some cosmetic work to prepare the Property and market the day care center to prospective parents/customers. In order to purchase the Property the Buyer needs assurance that the Tenant will be allowed to operate the day care center. Pursuant to Sections 9.1 and 4.132, 416, of the North Andover Bylaw ("Bylaw"), the Board of Appeals issued a special permit and setback variance ("Special Permit and Setback Variance") dated April 29, 2003, and recorded with the Essex North Registry of Deeds on May 12, 2004, in Book 8779, Page 1. The Board of Appeals granted an Extension of the Setback Variance on May 14, 2004, extending the Setback Variance until October 2-8, 2004. ft is our understanding that the building permit for the day care center was issued prior to expiration of the Setback Variance as extended. Construction pursuant to the building permit was completed and an occupancy permit for the day care center, as permitted to the Special Permit and Setback Variance, was issued on September 16, 2005. Thereafter, the Property was used as a day care center until sometime last fall when the Property was foreclosed. In reviewing the records at the Essex North Registry of Deeds, we have been unable to verify recording of the Extension of the Setback Variance. The Buyer intends to apply to the Board of Appeals for such relief as may be necessary to clarify the record at the registry of deeds and confirm the ongoing existence of the Setback Variance. However,, without assurance that the Tenant may operate the day care center, the time required to file and come before the Board of Appeals will prevent the Tenant's plan to operate at the Property on or about September 1', 2009 and opening after the start of the school year will negatively impact first year enrollment. www.dlpniaw.com D L P u UAGOSTINE, LEVINE, PARRA & NETBURN, P.C. Attorneys at Law Gerald A. Brown, Inspector of Buildings June 25, 2009 Page 2 Although the Board of Appeals issued the Setback Variance authorizing the day care center as constructed, it is respectfully suggested that pursuant to G. L. c. 40A, §3, relative to child care facilities, the day care center, as constructed, is permitted as a matter of right. G. L. c. 40A, §3, provides, in relevant part: No zoning ordinance or bylaw in any city or town shall prohibit, or require a special permit for, the use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child care facility; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. As used in this paragraph, the term "child care facility" shall mean a day care center or a school age child care program, as those terms are defined in section nine of chapter twenty-eight A. [Emphasis added.] Therefore, the Board having found the setbacks at the Property as constructed are reasonable, the use of the Property as a Day Care Center is permitted as a matter of right without the Setback Variance. Trustees of Tufts College v. City of Medford, 415 Mass. 753, 760 (1993)[Accommodation sought to be accomplished by Dover amendment, between educational use of property and matters of critical municipal concern, cannot be achieved by insisting that educational institution seek variance to obtain permission to complete its project.] Therefore, it is our understanding that you will permit the Tenant to operate a day care center at the Property despite the fact that the Extension to the Variance may not have been timely recorded at the Registry of Deeds. It would be appreciated if you can confirm the foregoing in writing. 1 would be pleased to answer any questions or speak with town counsel should you think it necessary. Thanking you for your anticipated cooperation and courtesies, I remain Very truly yours, UAGOSTINE, LEVINE, PARRA & NETBURN, P.C. By: L. �J�Q.l. LNUjmh Louis N. Levine r� Cc: David Hale — Via Email e-mail: llevine&dlpnlaw.com Robert W. Herman, Esq. — Via Email civil\omni\n. Andover\letters\letter to Gerald Brown O O O N LL I -- LU W F- W Y a Z F- N M N 'O U) U W 'CIO Q LY J N L) cl Q o Ll a mo Eo O L) O J O Co Co O Y U O J m zi4 O O n: Q O G Co O Go O O Q O O O J W U CL i<o 10 O O N 0 0 00 INN � Y9 to N .0 M M O 0 \ 0 0 y N O MCD O M J J f4 N N m NN .UwM Y oiY a ��� Arnim t e W o N Z o N 0. O z Q a C) 0) Z s` O Z w O O 000 oo O W4 F- CL H LU I a - f: QZ N W� �JJ g' 'a:+. 20 VON� WN' c =.UQQ LL ei. J O ,QUO F -.N. Z 00 R >,'om U. ? A. 00 Z( Cd OUL: U' -2 N ZM v_ v_ 0-0mmm .x X F -stn : aN` �n ZN C9 Q Q TT W — O•MN 4 �J,N�N 0 m Q p ~ JW U o fY co co J am rn Q vv - to pLU L =,0000 V.WNN >mm O Ln Gi Z;� (n Q Y ,LL 0 0 �O W i 0 0 Na O 00 00 Z Li mU ,� O O0 O < �[ MOU) Lo c) c) N h• O E , Cy04 OCL �� - - N LU U ~ate O iY p m U to c o F- 0 W_ J. CD -C O Ct In r}O' O Z <A T N L N J Q 7a U d tN0 wTIL v e 0 UiN+ N ;O J M 0 t1= L. mN 0- 0-F- o a o N N NN76 .� N Oaf �'(!) � U) 0 x UT co m N O C4 in 119 N4 MH.T� y i M 00 WN ^ �\ ` o a 'ONQS mi U c a _4. mL « C d X LL -Mi N y - O �T DF - F -F- W Z O H NN H U U J W U) J J NmU U -N Q In Q W o N Q C Oct) O 0M LLO Q Q ULL N Z LU JZ W LUQ' U W Q � > U0 Q T Li O:D' T'=O N CL Q Z g Z Q �O toU rini �QO U'0 W 4 ca Z O` Y Nitp Colo U) O Q 1O(D Susan Y. Sawyer, REHS/RS Public Health Director 978.688.9540 - Phone 978.688.8476 - Fax CEWEI"2tE OAF' COJKL'GIANCE As of: September 21, 2005 ,This is to cert that the individual su6surface d4osa[system Construction 6y Joseph R. (buddy) Watson At 2324 Turnpike Street .Aka — .Little Professionals ChiffCare Center 9VorthAndover, 911A 01845 Yfas 6een installed in accordance with the provisions of Titfe V of the State Sanitary Code and with the North Andover Board of Yfealth regulations. 'The Issuance of this certificate shall not 6e construed as a guarantee that the system will function satisfactorily. A 1 Susan 2'. Sawyer, RE31S,R5 Bu6lic Ylealth Director BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover Office of the Health Department Community Development and Services Division 0��`° 400 OSGOOD STREET North Andover, Massachusetts 01845 �'s CHU �t� SACHUS Susan Y. Sawyer, REHS/RS Public Health Director 978.688.9540 - Phone 978.688.8476 - Fax CEWEI"2tE OAF' COJKL'GIANCE As of: September 21, 2005 ,This is to cert that the individual su6surface d4osa[system Construction 6y Joseph R. (buddy) Watson At 2324 Turnpike Street .Aka — .Little Professionals ChiffCare Center 9VorthAndover, 911A 01845 Yfas 6een installed in accordance with the provisions of Titfe V of the State Sanitary Code and with the North Andover Board of Yfealth regulations. 'The Issuance of this certificate shall not 6e construed as a guarantee that the system will function satisfactorily. A 1 Susan 2'. Sawyer, RE31S,R5 Bu6lic Ylealth Director BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 n Town of North Andover Office of the Conservation Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Julie Parrino Conservation Administrator MEMORANDUM DATE: January 9, 2003 TO: Zoning Board of Appeals FROM: Julie Parrino, Conservation Administrator SUBJECT: Little Professionals, 2324 Turnpike Street Telephone (978) 688-9530 Fax (978) 688-9542 I have reviewed the application package, site plans and field conditions of the property associated with the proposed development of the Little Professionals daycare center. I offer the following comments: Wetland Resource Areas No wetland resource areas subject to jurisdiction under the Wetlands Protection Act or North Andover Wetlands Protection Bylaw were identified on the subject property during a site visit conducted by the Conservation Department on January 9, 2003. The 12" HDPP culvert located parallel to the westerly properly line discharges adjacent to the most northwesterly portion of the site. Stormwater runoff from the culvert- flows through a small channel and continues to flow in a northwesterly .direction through a culvert located under Sharpner's Pond Road. Drainage discharges to a wetland resource area located along the westerly edge of Sharpner's Pond Road. The applicant should determine if the outlet drainage from the culvert qualifies as an intermittent drainage channel subject to jurisdiction under the state and , local regulations. In addition, site development, particularly the driveway entrance, may be located within 100 feet of wetland resource areas located across Sharpner's Pond Road. Development within 100 feet of any wetland resource areas and within 200 feet of any Iperennial streams is subject to a filing with the Conservation Commission. Evidence should be presented that proposed activities are not located within the buffer zone of wetland resource areas. Floodplain The project site does not appear to fall within a mapped Zone A area, indicative of the 100 year flood elevation. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Estimated Habitat The project site is not located within an area of mapped estimated habitat or rare wetlands wildlife or certified vernal pools. Town of North Andover Office of the Conservation Department Community Development and Services Division Julie Parrino Conservation Administrator July 20, 2003 MHF Design Consultants, Inc. 103 Stiles Road, Suite One Salem, NH 03079 Att: Karl Dubay Re: Little Professionals, Inc. 2324 Turnpike Street Dear Mr. Dubay: 27 Charles Street North Andover, Massachusetts 01845 Telephone (978) 688-9530 Fax (978) 688-9542 The Conservation Department has reviewed the project site and letters submitted by Epsilon Associates and West Environmental and has made a determination that the site does not contain jurisdictional wetland resource areas. Please be aware that the northwesterly corner of the site does receive drainage flow from Route 114 and this water runs through a culvert under Sharpner's Pond Road and discharges into a wetland resource area. This intermittent flow upgradient a resourcq area would not be subject to protection under the Massachusetts Wetland Protection Act or North Andover Wetland Protection Bylaw. This project will not require a filing with the North Andover Conservation Commission. I anticipate that all stormwater management will be addressed through the Planning Board process. If you have any questions,-pte*e feel free to contact me. wation Administrator CC: NACC Heidi Griffin, Community Development Director Justin Woods, Planning Director Sandra Starr, Health Director BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 v I _� • �� 103 Stiles Road • Suite One • Salem, New Hampshire 03079 MHF Design Consultants, Inc. TEL (603) 893-0720 • FAX (603) 893-0733 RECEIVED JUN 0 3 2003 MEMORANDUM OVER CONSERVATION COMMISSION To: Julie Parrino Conservation Administrator From: Karl Dubay, P.E. Senior Project Manager Date: 02 June 2003 MHF # 1321 Re: Little Professionals, Inc. 2324 Turnpike Street 1. Per our telecon today, attached are the approved BOA site plans and Notice of Decision regarding the referenced project. Included in the plans are the detailed predesigns of drainage and septic systems, as required by the Board, based on our analysis of previous testing and approvals and ongoing site analysis. 2. The project consists of _redeveloping the site for an upscale day care facility, including a traditional colonial building, extensive landscaping, drainage improvements, and a new septic system This project received unanimous BOA approval without any public opposition, is perceived as a beautification of this very -prominent site, and involves.a resident -owned business of high quality. 3. The BOA's approval conditions included Planning BOard Site Plan Approval and related final Department/Administrator input. Note that the project has already been coordinated through the TRC process (meeting minutes attached). 4. Independent reports were issued from both Epsilon Associates, Inc. and West Environmental, Inc. (attached) certifying that there are no resource areas within the jurisdictional limits of the proposed work for the project, thus not requiring additional permitting with the Conservation Commission. Thus, we respectfully request the following: A. A note to the Planning Director confirming item #4 above, for administrative .. purposes, and B. A note to the Board of Health Administrator for the same—we are applying to that office for final Test Pit witnessing and septic system design review. We sincerely thank you for your assistance on this matter—call me anytime at 603-893- 0720 x16 if you have any questions. cc: Jim Richards Little Professionals, Inc. Mike Howard Epsilon Associates, Inc. ENGINEERS • PLANNERS 0 SURVEYORS {/15 M M - 2 N93 M ,�,..edjwkAb aj►a X11.. �v►nr' 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 Any appeal shall be filed within (20) days after the rlatP of filing of this notice Telephone (978) 688-9541 Fax (978) 688-9542 Notice of Decision Year 2003 r `' -I CD F -,- _-'Iv �. in the office of the Town Clerk. Property at: 2324 Turn ike Street rr NAME: Little Professionals, Inc., Jim Richards, HEARING(S): December 10, 2002, Treasurer February 11 & Aril 16, 2003 ADDRESS: for premises at: 2324 Turnpike Street PETITION: 2002-054 - North Andover, MA 01845 TYPING DATE: April 17, 2003 The North Andover Board of Appeals held a public hearing, at its regular meeting on Wednesday, at 7:30 PM upon the application of Little Professionals, Inc., Tim. Richards (treasurer), 7 Laconia Circle,. for premises at: 2324 Turnpike Street, North Andover for dimensional Variance from Section 7, Paragraph 73 and Table 2, (Page FN -1, #1. 100' setback from Rte 114), Section 7, Paragraph 7.3 and Table 2, (50' setback from Sharpners Pond Road); and a Special Permit from Section 9, Paragraph 9.1 (Non -Conforming Use) and Section 4, Paragraph 4.132 #16 (1-1 Day Care Center by Special Permit) to allow for the construction of a day care enter on a non -conforming lot. The said premise affected is property with frontage on the East side of Turnpike Street within the I-1 zoning district The following members were present: Walter F. Soule, Robert P. Ford, John M. Pallone, and George M. Earley. Upon a motion made by Joseph D. LaGrasse and 2°d by John M Pallone, the Board voted to GRANT the request for dimensional Variances from Section 7, Paragaph 7.3 and Table 2 for relief of 25' from Sharpners Pond Road and for relief from Table 2, FN -1 for 50' from the 100' setback from Route 114 right-of–way; and Special- Permits from Section 9, Paragraph 9.1 in order to construct anew structure for a non -conforming use on a pre-existing, non conforming lot, and Section 4, Paragraph 4.132 #16 in order to operate a day care center in the I-1 zoning district. The Variance and Special Permit are granted on the following conditions: 1. The 2°d floor is to be used for offices only, day care activities and children to be restricted to the first floor, only. 2. The plans numbered 1-6 to 6-6, dated 4/2/03, 5th revision be submitted to and subject to review by the Fire Department, Police Department, Division of Public Works, Conservation Commission, Board of Health, and Planning Board as listed in the Technical Review Committee Report dated April 15, 2003, concerning the Little Professionals, Inc. 3. The proposed playground protection berm, fencing, and landscaping rocks and trees be included in the Site Plan Review of the Planning Board. 4. The signage symbols shown on the Site Plan, sheet 3 of 6, revised 4/2/03 are not included in the approval granted in this decision. Voting in favor: Walter F. Soule, Robert P. Ford, John M. Pallone, and George M. Earley. Page 1 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 2/,, Town of forth Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 0184.5 D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax (978) 688-9542 ry l-7 w The Board finds that the applicant has satisfied the provisions of Section 10, Paragraph 10.4 of thj zoning bylaw and that the granting of this variance will not adversely affect the neighborhood or . derogate .from the intent and purpose of the zoning bylaw, and. Section 9, Paragraph 9.1 and Section 4, Paragraph 4.132 #16 of the zoning bylaw, and that such change, extension. of alteration shall not be substantially more detrimental to the neighborhood. 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 2003-054 . Page 2 of 2 Town of North Andover Board of.Appeals, Walter F. Soule, Vice Chairman C:D - z.Dcn _. rn 31y s PngineS'�L.ON AssoaATE51Hc.ers ■ Environmental Consultants a UL 2 3 2002 m(u vv..���� vvu�uuauW IIID July 21, 2002 Mr. James K. Richards Little Professionals, Inc. 127 Olympic Lane PRINCIPALS North Andover, MA 01845 TheodoreA Borten, PESubject: Site Inspection: #2324 Turnpike Street, North Andover, MA. Margaret B. Briggs. Michael E. Guski, CCM Samuel G. MygaM LLB. Dale T. Raoynski, PE Gndy Schlessinger Lester B. Smith, It Victoria H. Fletcher, RLA Dear Mr: Richards: On Friday, July 191', 2002; wetland scientists from Epsilon Associates conducted a site inspection, at the above referenced property:. The purpose of this inspection waseto determine if wetland resource areas subject to jurisdiction under the MA Wetlands Protection Act (MGL c.131 s.40) and regulations (310 CMR 10.00) and/or the North Andover Wetland= Protection'ByLaw (c.178 of the Code of North Andover) existed within close proximity to anticipated future work. itis understood that this correspondence will.be made part of future.permit applications with the North Andover Zoning Board of Appeals and Planning Board. We offer the following comments. Bordering and Isolated Vegetated Wetlands We did not observe a jurisdictional bordering vegetated` wetland (BV -W) or isolated vegetated wetland (IVW) within 1 u4eet of anticipated future work. An off site meadow characterized.by..upland grasses and fill material.(interspersed with purple loosestrife and a cattail "pocket"). was documented but -it does not.appear that this: disturbed area meets the definition of. a jurisdictional . wetland.. As we did not have permission :from the; adjacent property owner o access their property . and . definitively determine the . jurisdictional nature of this. " area; we would recommend -that` the North .Andover Conservation Agent, Ms. Jul -ie Parrino, confirm same prior to obtaining a building permit, We would also add that there were no records on 'file ;with. the Conservation Commission regarding approvals for past and ongoing work ..undertaken on the subject .property. it is bur.. understanding that. these activities were authorized by .the prior Conservation Agent -without the need for:a.permit (we have a phone call. into her office. to..confirm this. assumption). This indicates to us that the Conservation Commission was. of the opinion that -there are no jurisdictional wetlands within 1.00=feet. 150 Main street PO Box 700 -Maynard, Massachusetts 01754-0700 ® 978.897.7100. Fax 978.8'97.0099 www.epsilonassociates.com 4 / 2 Riverfront Area According to the applicable USGS quadrangle map and the ByLaw riverfront area maps, ithin .200-feet'of anticipated future work.. there are no perennial streams w . Bordering LandSubject'to Flooding (Le., 100 -year floodplain) According to the applicable FEMA -FIRM reap, there are no areas of, Bordering Land Subject to Flooding (BLSF) on or near the subject parcel. Estimated Habitat of Rare Wetlands Wildlife . The Massachusetts .Natural Heritage Atlas (2000-2001 edition, .South Groveland Quadrangle). does .not identify any certified vernal pools; estimated habitat or priority sites on or near -the project site. If you have any questions regarding our findings, please do not hesitate to, contact me at (9.78) 450-7147 or via email at mhowardCepsilonassociates:com. Sinrerely, EPSIL N AS O TE , nc. Michael.D. o. d Senior Scientist Cc. Karl Dubay, MHFDesign.Associates, Inc L.4J1 ..M PS LONASSO'CIAM INC. Engineers Environmental Consultants FAX 150 Main Street P.O. Box 700 Maynard, MA 01754-0700 rr m: t Phone: 978-897-7100 Fax: 978-897-0099 Remarks_ Date: 112 Number of Pages: Including Cover Sheet ue V� �pyiy �kJ STI lv�v 4;i? I r./5 11s20A WEST � ENVIRONMENTAL INC. Michelle Martin North Andover Conservation Commission 27 Charlay Street North Andover, MA 01845 RE: 2324 Tumpike Siree,t/R.oute .114, North Andover, MA SUBJECT: Dotcrmination of Non -Jurisdiction Dear leis. Martin, February 15, 1999 WEl # 9909 -MA On behal f of A -F_ Pae, -ilio Crean] Contracting, inc., West Environmental, Inc. inspcctod the above refarenced property to determine if there are Local or State jurisdictional wetlands present. The area in question is a corner lot adjacent the intersection of Route 114 and Sharpeners Fond Rodd. Excavation work has begun at the site. There is a small drainage Aitch that reccivos stormwater runoff from Route 114 however this area dog not meet the criteria outlined in the Mas=chusetts Wetland Frommion Act or the or the North Andover Wetlands Protection Bylaw (10-20-98)_ Specifically the ditch docs not have a dominance of hydrophytic vegetation or hydric soils. This area also does nLA meet the definition for stream outlined in Section H — Definitions in the North Andover Wetlands PToiectian Regulations (11-10-99) because it does not exit or enter a wetland. This concludes our work at this time. P.leme caul our office with any questions. Sincerely, Wast Environmental, Inc. Mark C. West, Pretid=t Wetland Scientist Cc: Anthony Pacillo 48 Stevens Hill Read, Nottingham; NH 03290 ♦ 603-679-8212 ♦ tax 603-679,8232 P_02 7/S Town of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Planning Director: ?woodsover.com Qtovvnofnorthand ham. / /�"'�^'�^' townofnortt,andover.com J. Justin Woods Technical Review Committee Report P (978) 688-9535 F (978) 688-9542 TO: Karl R Dubay (by email) FROM: J. Justin Woods, Planning Director/TRC Chair CC:' 'Mark Rees, Town Manager Raymond Santilli, Assistant Town Manager/Acting Director of Community Development William V. Dolan, Chief of Fire Department Lt. Andrew Melnikas, Fire Prevention Officer Lt. John Carney, Police Operations Division Commander Tim Willett, Water & Sewer Superintendent Bob Nicetta, Building Commissioner/Zoning Enforcement Officer Julie Parrino, Conservation Administrator Sandra Star, Health Administrator Heidi Grin, Community Development & Services Director RE: 2324 TurnpOce Street — Little Professionals, Inc.. Follow -Up Report to April 10, 2003 DATE: April 15, 2003 Following please find a summary of the comments of the TRC Committee members: 1) .Building/Zoning At the present time the Zoning Enforcement Officer does not have any additional comments as the project is scheduled before the Zoning Board of Appeals at the April 16 meeting. 2) Fire Department The building is required to have a fire sprinkler system upon opening for business. The preferred method of water supplyfor that system would be from the municipal water system. Recognizing that the availability of access to the municipal water and sewer system may not be synchronized with the planned building of the Little Professionals, the following is recommended to the applicant in order for the continuation of their project. The fire department would support a conditional approval of the project by the Zoning Board of Appeals provided that: A. The building is designed and built with a full fire alarm and suppression system as if the municipal water system supply would be available. B. An alternative on site water supply is proposed during construction in accordance with recognized Nation Fire Protection Association standards and approved by the fire department in case the municipal water supply is not available prior to occupancy. C. If there is a written commitment to tie into the municipal water supply, which is available to the occupant prior to opening, the fire department will work with the applicant to eliminate the financial burden of installing the internal on site water supply system while maintaining a proper level of life safety for the occupants of the building. The ability of the fire department to work with the applicant in this instance would require a firm written commitment, which emphasizes the shortest period of time for municipal water to the site. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 r ��l April 15, 2003 2324 Turnpike Street Little Professionals, Inc. Technical Review Committee Follow -Up Report to April 10, 2003 3) Police Department The Police Department is satisfied with the safety improvements made to the plan for this site. All of the safety issues outlined in a previous memo from Chief Stanley and Chief Dolan have been addressed and improved to our satisfaction. The Playground has been moved and barriers will be erected. The traffic pattern has been improved. While we would like to review the traffic impact study, the Police Department .has no other issues with this project at this time. 4) DPW The Division of Public Works has reviewed the above referenced plan and has the following comments: A. The Applicant is strongly encouraged to connect to town water and sewer systems. It is recommended that the Applicant contact the Developer. of"The Meadows" to coordinate and agree on proposed water and sewer connections. B. On site drainage facilities should be reviewed by VHB. C. The proposed backflow preventor must be reviewed and approved by Dennis Bedrosian - Superintendent at the Water Treatment Plant, 420 Great Pond Road, 978-688-9574. 5) Conservation Conservation reviewed the site several months -ago and determined no wetland resource areas existed on site, however off-site wetlands may exist. An existing drainage pipe outlets to the rear of the property and flows through a small ditch, through a culvert under Sharpner's Pond Road and into a wetland resource area. My review letter requested the applicant to investigate whether wetland resource areas exist within 100 feet of the property boundaries or within 100 feet of proposed activities. At the TRC meeting, the applicant stated that Michael Howard from Epsilon Associates has reviewed the site and prepared a letter stating no wetland resource areas within 100 feet of the site. Letter should be submitted to the Conservation Department for review and confirmation prior to filing for site plan approval with the Planning Department. 6) Planning The Planner supports ZBA approval subject to the conditions outlined by the Fire Chief. Subsequent Site Plan Approval by the Planning Board is required, but the applicant is advised to first obtain a determination from the Conservation Department regarding off-site wetlands. It would also be helpful, if the final decision regarding water and sewer connections are not available, to have the Board of Health decision regarding septic capacity prior to site plan review. In addition to the plans submitted, for site plan review the applicant must submit a complete drainage plan, traffic study and fiscal and community impact statements as outlined in Section 8.3 of the North Andover Zoning By -Law. 7) Health The Health Department did not have a representative at the TRC meeting, however, if the applicant is not able to connect to town water and sewer systems, the applicant will need to file with the Board of Health. The Applicant is encouraged to meet with the Health Department to obtain any additional comments or to learn about any other applicable healthrequirements. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 9�5 William V. Dolan. Chief of Department Edward J. Morgan Deputy Chief TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 To: Justin Woods, Town Planner From: Fire Chief Dolan Re: Little Professionals — Water Supply Date: 10 April 2003 Telephone (978) 688-9593 FAX (978) 688-9594 The following comments are relative to the discussion, which took place this morning at the Technical 'Review Committee.regarding water supply for fire protection for the proposed Little Professionals day care building. The building is required to have a fire sprinkler system upon opening for business. The preferred method of water supply for that system would be from the municipal water system. Recognizing that the availability of access to the municipal water system may not be synchronized with the planned building of the Little Professionals, the following is recommended .to the applicant in order for the continuation of their project. The fire department would support a conditional approval of the project by the Zoning Board of Appeals provided that: • The building is designed and built with a full fire alarmand suppression system as if the municipal water system supply would be available • An alternative on site water supply is proposed during construction in accordance with recognized Nation Fire Protection Association standards and approved by the fire department in case the municipal water supply is not available prior to occupancy. • If there is a written commitment to tie into the municipal water supply, which is available to the occupant prior to opening, the fire department will work with the applicant to eliminate the financial burden of installing the internal on site water supply system while maintaining a proper level of life safety for the occupants of the building. The ability of the fire department to work with the applicant in this instance would require a firm written commitment, which emphasizes the shortest period of time for municipal water to the site. Please forward this memo to the Zoning Board of Appeals with this morning TRC comments and contact me if you have any questions regarding this memo. William V. Dolan Fire Chief 19:46 978-686-5227 °�D 003 PEALS LITTLE HHUFE55lUNHLS Town of North Andover Office of the Conservation Department Community'' Development and Services Division Julie Parrino Conservation Administrator 27 Charles Street North Andover, Massachusetts 01845 MEMORANDUM DATE: January 9, 2003 TO. Zoning Board of Appeals FROM, Julie Parrino, Conservation Administrator SUBJECT: Little Professionals, 2324 Turnpike Street PAUL by MO"7M a iR Telephone (978) 688-9530 Fax (978) 6W9%2 I have reviewed the application package, site plans and field conditions of the property associated with the proposed development of the Little Professionals daycare center. I offer the following comments: Wetland Resource Areas No wetland resource areas subject to jurisdiction under the Wetlands Protection Act or North Andover Wetlands Protection Bylaw were identified on the subject property during a site visit conducted by the Conservation Department on January 9, 2003, The 12" HDPP culvert located parallel to the westerly properly line discharges adjacent to the most northwesterly portion of the site. Stormwater runoff from the culvert flows through a small channel and continues to flow in a northwesterly direction through a culvert located under Sharpnees Pond Road. Drainage discharges to a wetland resource area located along the westerly edge of Sharpner's Pond Road. The applicant should determine if the outlet drainage from the culvert qualifies as an intermittent drainage channel subject to jurisdiction under the state and local regulations. In addition, site developments particularly the driveway entrance, may be located within 100 feet of wetland resource areas located across Sharpnees Pond Road. Development within 100 feet of any wetland resource areas and within 200 feet of any perennial streams is subject to a filing with the Conservation Commission. Evidence should be presented that proposed activities are not located within the buffer zone of wetland resource areas. Floodplain The project site does not appear to fall within a mapped Zone A area, indicative of the 100 year flood elevation_ BOARD OF APPEALS 688-9541 BUELDING 688-9543 coNsERVATTON 68$9330 HEALTH 688.9540 PLANNING 689-9535 1 'I '5 y qtr-000-��L r Estimated Habitat Thepr oject site is not located within an area of mapped estimated habitat or rare wetlands wildlife or certified vernal pools. N E C T � W E p JAN 8 - 2003 BOARD OF APPEALS w (2/f /fir j 01 GUCIG I". - -------- -- . ct-16-02 09:42A m BOARD OF HEALTH NORTH ANDOVER, MA 02845 978-b88.9540 DATE: �. , C" ?pct.., MAF' & PARCEL: 10 A •� LocATIoN Of Soli.-rBSTS:yamaxi�'L`1�.Tt �S l�n►L� l�i� OWNER: A, PAGtwo 5:DcAurs,rc"t is TEL. No.: ADDRESS: ZU4 ,WRNP� W4 Sr( - 0 Al. ANDWM0 mAA of t 45 ENOINEER: t"Ra�k�• Mot 1R�,. �• TEL.No.: te>o'r•�93-0�� P.02 CERTt UD SOIL EVALUATOR: lutcnded Use ofLand: §Widar&W SuMvirion -shq* FM1*Y 11mut Corns xmial {aeycol� c, Is This: Undeveloped lot testing: tty • Mcos_ Tc tbr. t'W6) In the Lake Cochichewick Wateersched? *see— — No THE FOLLOWING VST BE INCLUDED WITH THUS FORM Proof of land ownereehip (Tax bili, or letter from owner pcm*tbV ted) (lb MA' m'ftKft) Z. Mot tioa of TefagpLAN A-Mftiap) 3. Fele o jj ew 5.00 lot for nconstruction. This covers the minimum two deep holes soul two pe mobuon tens required for each disposal area. Fee 0fj;g9 A cr lot f =&Mdea. (iftime is not eritfeetl, be for rz mdm is $75.00) vel. 0* Certified -Soil Evaluators may perform deep We, ink tions. . ✓ l only Mam Registered Sanitarians and Professional Engim m can design septic plants. v4. At kiw two deep Dies and two perooWiou tests are regt&cd for each septic system disposal area. WA 4. Repairs require at least two deep stoles aid at least one± percolation test, at the disci on of the BOH rep vs=Aive: S. Full payment wi11 be required for sU additional tests within two weeks of testing. 6. y6litlain 45 days of testing, a sc&W plan (no smaller than 1"-100') shall be m*mitted to the Board of Hakki showing the location of all tests (inciuding aborted tests). .7. Within 60 days ofte sting soil evaluation forest shall be sub Oteed. Pkesse-M Not Write BaMw Tint; Linc N.A. Conservation Cornnii& �n Approval: Date Received: Check A mount: Check Date: 134 Anthony F. Pacillo, III Stephanie M. De Angelis-Pacillo 2324 Turnpike Street North Andover, AM 01845 November 14, 2002 Re: 2324 Turnpike Street, North Andover, MA 01845 To Whom It May Concern: This letter should serve as permission for James K. Richards, Little Professionals, Inc., their assigns and agents to perform tests, apply for permits and any other related activity on the property referenced above for the purpose of obtaining permits and financing. If you need any additional information, please do not hesitate to contact us. &��777 Step ie M. De Angelis-Pacillo 14/,5 LITTLE PROFESSIONALS, INC. OPERATING ACCOUNT I 7 LACONIA CIRCLE NORTH ANDOVER, MA 01845-3304 (978)686-5215 Danvers Savings Bank ONE CONANT ST., DANVERS, MA 01923 53.711612113 12/03/2002 2783 PAI' TO THE Town of North Andover $ * ORDER OF *425.00 Four Hundred Twenty -Five and 00/100**************************************************.************:*****r*s************ DOLLARS Town of North Andover Board of Health 27 Charles :Street North Andover, 7v1A.:01.845 MEMO: Application for Soil. Tests _ .............. ........... 11110027830 42LL37LLG21: 3s 4046 SECURITY FEATURES: MICRO PRINT TOP & BOTTOM BORDERS - COLORED PATTERN - ARTIFICIAL WATERMARK ON REVERSE SIDE - MISSING FEATURE. INDICATES A COPY LITTLE PROFESSIONALS, INC. 2783 OPERATING ACCOUNT Town of North Andover 12/03/2002 425.00 Operating Acct -Danvers Sa Application:for Soil Test$ 425.00 --. TOWN OF NORTH ANDOVER Office of the Building Department: Community Development and. Se'i-N ices 27 Chides Street. North Andover, Mass,,ichasetts 01845 D. Robert N.celta, Building worn :issioner February 1,2002 James K. Richards, CPA CFO / Treasurer Little Professionals, Inc Children's Centers 127 Olympic Lane North Andover, MA 01845 Dear Mr. Richards: Telephone (978) 688-9545 FAX (978) 688-9542 First let me apologize for the delay in responding to your inquiry on the proposed day care center on Sharpners Pond Rd. and Route 114 which is in the I-1 zoning district the requirements of which are 80,000 square foot lot size, 150 feet of street frontage and 50 foot setbacks from front, side and rear property lines. In response to your inquiry's I have the following observations; 1) Any structure constructed on Rte. 114 must have a 100 -foot setback from the property line, or a variance will need to be obtained from the Zoning Board of Appeals. 2) A special permit through the above noted board is required for the daycare center as well as to leave the residence. 3) Parking requirements are 1 space per 4 persons based on the design capacity of the structure. 4) A site plan review through the Planning Board is required for any new structure over 2000 square feet in area and / or the creation of 5 parking spaces or more. I hope that this letter will be sufficient to help get the project underway. I may be reached between the hours of 8:30 — 10:00 AM and 1:00 — 2:00 PM at 978-688-9545. Respectfully, ,at, Michael McGuire Local Building Inspector Michael McGuire, Local Building Inspector James Decola, Electrical Inspector James Diozzi, Gas/Plumbing Inspector Plaiming Dep.mment 689--9535 Conservation Departmait 683-9530 Health Department 688-9540 Zoning Board of Appeals 688-9541 a 11 i S Z >; a� CL W Vo V bA V Z Z' W 0ry LU UO = Z � LL o W 11 i S a >; H W U V bA � Z' W 0ry oW U a "- 1, 1 W � � W � � 11 i S >; W U V bA � Z' W 0ry 11 i S >; U � � Z' W 0ry a "- 1, 1 11 i Wo A IwAft an W CA P" �p I T \ 1 lk� \\ N 62 0 z O U �H 1-40-1 LIQ �, j v O L O v Z O CL O y o � IO OM O :5 CD 0 _ '� CO CO CD CD CD CD ea CD OCa i O a a cma c o � � cc M �v C 4D CL v v! c C _ C C m H 0 LU O II�w CO) LLI W W 19 W U) • O c c is N W O c . s�CD CD W (n ,.J o CA �• T �` �, m C v; m ° Z G U wz ,.a Q x ES w O O 00 V j CD -A%,. C t a°' as cn cn N 62 0 z O U �H 1-40-1 LIQ �, j v O L O v Z O CL O y o � IO OM O :5 CD 0 _ '� CO CO CD CD CD CD ea CD OCa i O a a cma c o � � cc M �v C 4D CL v v! c C _ C C m H 0 LU O II�w CO) LLI W W 19 W U) V c c is N O c . s�CD CD CA �• ti■: 3 m C v; m n �1 ES O O 00 V j CD -A%,. C t m CD 3 O z c O� C m O �• = N C C4 W O • `Em ctmo CD 0:� O � A' O Of C C Q mom ORcm m C. 9 CL c Q L y w 3 Q = ~ W $ &S a;mo� IV o W L •N CD c +- &= O C ac 'E � `•� m y Z o y a m.CM� g GODm�g� o � � a CLO - N 62 0 z O U �H 1-40-1 LIQ �, j v O L O v Z O CL O y o � IO OM O :5 CD 0 _ '� CO CO CD CD CD CD ea CD OCa i O a a cma c o � � cc M �v C 4D CL v v! c C _ C C m H 0 LU O II�w CO) LLI W W 19 W U) Sep 16 05 12:49p Jahn Brennan 603-894-5548 p.2 Construction Control/Final Report — ARCHITECTURAL North Andover, Massachusetts PROJECT TITLE: Little Professional's Learning Center PROJECT LOCATION: Rt 114 North Andover NAME OF BUILDING: Little Professional's Learning Center NATURE OF PROJECT: New 2 story, 12000 sf wood frame, children's daycare and office IN ACCORDANCE WITH SECTION 127.0 OF THE MASSACHUSETTS STATE BUILDING CODE, 780 CMR 1, JOHN T. BRENNAN, REGISTRATION #AR -4808 BEING A MASSACHUSETTS REGISTERED PROFESSIONAL ARCHITECT DO HEREBY CERTIFY THAT THE NEW CONSTRUCTION OF THE ABOVE REFERENCED 2 STORY BUILDING HAS BEEN COMPLETED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS PREPARED BY MY OFFICE AND, TO THE BEST OF MY KNOWLEDGE, DOES CONFORM TO ALL APPLICABLE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE, ALL ACCEPTABLE ENGINEERING PRACTICES AND ALL APPLICABLE LAWS AND ORDINANCES FOR THE PROPOSED USE AND OCCUPANCY AND THEREFORE IS APPROPRIATE FOR OCCUPANCY AT THIS TIME. (SIGNA (DATE) Sep 16 05 12:49p John Brennan 603-894-5548 p.3 Construction Control/Final Report — STRUCTURAL North Andover, Massachusetts PROJECT TITLE: Little Professional's Learning Center PROJECT LOCATION: Rt 114 North Andover NAME OF BUILDING: Little Professional's Learning Center NATURE OF PROJECT: New 2 story, 12000 sf wood frame, children's daycare and office IN ACCORDANCE WITH SECTION 127.0 OF THE MASSACHUSETTS STATE BUILDING CODE, 780 CMR I, JOHN T. BRENNAN, REGISTRATION #AR -4808 BEING A MASSACHUSETTS REGISTERED PROFESSIONAL ARCHITECT DO HEREBY CERTIFY THAT THE STRUCTURAL STEEL FRAME, CONCRETE FOUNDATION, AND WOOD FRAME INSTALLATION IN THE ABOVE REFERENCED 2 STORY BUILDING HAS BEEN COMPLETED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS PREPARED BY MY OFFICE AND, TO THE BEST OF MY KNOWLEDGE, DOES CONFORM TO ALL APPLICABLE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE, ALL ACCEPTABLE ENGINEERING PRACTICES AND ALL APPLICABLE LAWS AND ORDINANCES FOR THE PROPOSED USE AND OCCUPANCY AND THEREFORE IS APPROPRIATE FOR OCCUPANCY AT THIS TIME. (SIGNA (DATE) Sep 16 05 12:50p John Brennan 603-894-5548 p.4 Construction Control/Final Resort — FIRE ALARM North Andover, Massachusetts PROJECT TITLE: Little Professional's Learning Center PROJECT LOCATION: Rt 114 North Andover NAME OF BUILDING: Little Professional's Learning Center NATURE OF PROJECT: New 2 story, 12000 sfwood frame, chldren's daycare and office IN ACCORDANCE WITH SECTION 127.0 OF THE MASSACHUSETTS STATE BUILDING CODE, 780 CMR I, JOHN T. BRENNAN. REGISTRATION #AR -4808 BEING A MASSACHUSETTS REGISTERED PROFESSIONAL ARCHITECT DO HEREBY CERTIFY THAT THE FIRE ALARM INSTALLATION IN THE ABOVE REFERENCED 2 STORY BUILDING HAS BEEN COMPLETED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS PREPARED BY MY OFFICE AND, TO THE BEST OF MY KNOWLEDGE, DOES CONFORM TO ALL APPLICABLE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE, ALL ACCEPTABLE ENGINEERING PRACTICES AND ALL APPLICABLE LAWS AND ORDINANCES FOR THE PROPOSED USE AND OCCUPANCY AND THEREFORE IS APPROPRIATE FOR OCCUPANCY AT THIS TIME. (SIGMA (DATE) Sep 16 05 12:50p John Brennan 603-894-5548 p.5 Construction Control/Final Report — PLUMBING North Andover. Massachusetts PROJECT TITLE: Little Professional's Learning Center PROJECT LOCATION: Rt 114 North Andover NAME OF BUILDING: Little Professional's Learning Center NATURE OF PROJECT: New 2 storv,12000 sf wood frame, children's daycare and office IN ACCORDANCE WITH SECTION 127.0 OF THE MASSACHUSETTS STATE BUILDING CODE, 780 CMR I, JOHN T. BRENNAN, REGISTRATION #AR -4808 BEING A MASSACHUSETTS REGISTERED PROFESSIONAL ARCHITECT DO HEREBY CERTIFY THAT THE PLUMBING INSTALLATION IN THE ABOVE REFERENCED 2 STORY BUILDING HAS BEEN COMPLETED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS PREPARED BY MY OFFICE AND, TO THE BEST OF MY KNOWLEDGE, DOES CONFORM TO ALL APPLICABLE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE, ALL ACCEPTABLE ENGINEERING PRACTICES AND ALL APPLICABLE LAWS AND ORDINANCES FOR THE PROPOSED USE AND OCCUPANCY AND THEREFORE IS APPROPRIATE FOR OCCUPANCY AT THIS TIME. (SIC (DA Sep 16 05 12:50p John Brennan 603-894-5548 p.6 Construction Control/Final Report — ELECTRICAL North Andover, Massachusetts PROJECT TITLE: Little Professional's Learning Center PROJECT LOCATION: Rt 114 North Andover NAME OF BUILDING: Little Professional's Learning Center NATURE OF PROJECT: New 2 story, 12000 sf wood frame, children's daycare and office IN ACCORDANCE WITH SECTION 127.4 OF THE MASSACHUSETTS STATE BUILDING CODE, 780 CMR I, JOHN T. BRENNAN, REGISTRATION #AR 44808 BEING A MASSACHUSETTS REGISTERED PROFESSIONAL ARCHITECT DO HEREBY CERTIFY THAT THE ELECTRICAL INSTALLATION IN THE ABOVE REFERENCED 2 STORY BUILDING HAS BEEN COMPLETED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS PREPARED BY MY OFFICE AND, TO THE BEST OF MY KNOWLEDGE, DOES CONFORM TO ALL APPLICABLE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE, ALL ACCEPTABLE ENGINEERING PRACTICES AND ALL APPLICABLE LAWS AND ORDINANCES FOR THE PROPOSED USE AND OCCUPANCY AND THEREFORE IS APPROPRIATE FOR OCCUPANCY AT THIS TIME. (SIGNA (DATE) ,,Sep 16 05 12:50p John Brennan 603-994-5546 p.7 Construction Control/Final Report — FIRE SUPPRESSION North Andover, Massachusetts PROJECT TITLE: Little Professional's Learning Center PROJECT LOCATION: Rt 114 North Andover NAME OF BUILDING: Little Professional's Learning Center NATURE OF PROJECT: New 2 story, 12000 sf wood frame, children's daycare and office IN ACCORDANCE WITH SECTION 127.0 OF THE MASSACHUSETTS STATE BUILDING CODE, 780 CMR I, JOHN T. BRENNAN, REGISTRATION #AR -4808 BEING A MASSACHUSETTS REGISTERED PROFESSIONAL ARCHITECT DO HEREBY CERTIFY THAT THE FIRE SUPPRESSION SYSTEM INSTALLATION IN THE ABOVE REFERENCED 2 STORY BUILDING HAS BEEN COMPLETED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS PREPARED BY MY OFFICE AND, TO THE BEST OF MY KNOWLEDGE, DOES CONFORM TO ALL APPLICABLE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE, ALL ACCEPTABLE ENGINEERING PRACTICES AND ALL APPLICABLE LAWS AND ORDINANCES FOR THE PROPOSED USE AND OCCUPANCY AND THEREFORE IS APPROPRIATE FOR OCCUPANCY AT THIS TIME. (SIGNA (DATE) Sep 16 05 12:49p John Brennan 603-894-5548 p.1 FACSIMILIE COVER SHEET ,john T Brennan Assoc Architects 85 Stiles Road, Suite 203 Salem, NH 03079 Voice: 603-693-4693 Fax: 603-894-5548 E -Mail: JBrennan@JTBArchitects.com SEND TO rlAe� From John Brennan AttenW Date Fax Numbef Pho e COMMENTS ...I .......... I............ ........................... ........................... ........................... ........................... ........................... ........................... ........................... ........................... ........................... ................... ............I .............. .................... I ...... ........................... Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, § 17 Notice of Decision Year 2009 Property at: 2324 Turnpike Street RECEIVED { Mt'II N rt FRK*c OFFICE 2009 JUL. 22 AM 8: 53 NAME: 2324 Turnpike Road, LLC, 2324 HEARING(S): July 21, 2009 Turnpike Street, Mark Brooks, Manager TOWN O 167-169 Onset, LLC, FORTH AMOVE Kenneth M. Ellis, Manager MASSACHUSITTS ADDRESS: 2324 Turnpike Street (Map 108A, PETITION: 2009-010 Lot 8), North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, July 21, 2009 at 7:30 PM in the Senior Center, 120R Main Street, North Andover, Massachusetts upon the application of 2324 Turnpike Road, LLC, 2324 Turnpike Street (Map 108A, Lot 8), North Andover, MA to reinstate and/or re -issue variances ("Variances") originally granted by the Zoning Board of Appeals ("ZBA") to Little Professionals, Inc., by decision filed with the North Andover Town Clerk on April 29, 2003 and recorded in the Essex North District Registry of Deeds on May 12, 2004 in Book 8779, Page 1 ("ZBA Decision"), as extended by a decision of the ZBA dated May 14, 2004 ("ZBA Extension") and to affirm that the special permits ("Special Permits") granted in the ZBA Decision did not expire and are in full force and effect, having been exercised and recorded within two years of the issuance of the ZBA Decision. Legal notices were sent to all names on the abutter's list and were published in the Eagle - Tribune, a newspaper of general circulation in the Town of North Andover, on July 7 and July 14, 2009. The following voting members were present: Elteo 'mr-144yre Rk6u d BB ,e -_� 30- srp4 LAC,s5 J The following non-voting members were present: T oiq ippblffr; kie A&vd 1&11lah(cor�� p C�la��r od �► Vl �Jc� Upon a motion by R� % , and 2 VA,t It 401 C OW rt , the Board voted to GRANT the applicant's request to reinstate/reissue the Variances and to affirm that the Special Permits did not expire and are. in full force and effect. The Board finds as follows: 1. The property is owned by 167-169 Onset, LLC and under agreement to purchase by 2324 Turnpike Road, LLC. 2. The relief requested is solely because the ZBA Extension was not recorded in the registry of deeds. 3. The Variances and Special Permits were exercised prior to expiration of the ZBA Extension. The failure to record the ZBA Extension did not nullify or affect the Variances or Special Pernuts. 4. The property was constructed in accordance with the terms and conditions of the Variances and Special Permits and an occupancy permit issued on September 16, 2005 and was thereafter occupied as a child care facility. 5. The applicant has satisfied the provisions of Section 10, 10.4 of the zoning bylaw and the granting of the requested relief will not adversely affect the neighborhood or derogate from the intent and purpose of the zoning bylaw. North Andover Zoning Board of Appeals Decision Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 21St of July, 2009, at 7:30PM to all parties interested in the appeal of 2324 Turnpike Road, LLC, for premises at: 2324 Turnpike Street, North Andover to reinstate and/or re -issue variances ("Variances") originally granted by the Zoning Board of Appeals ("ZBA") to Little Professionals, Inc., by decision filed with the North Andover Town Clerk on April 29, 2003 and recorded in the Essex North District Registry of Deeds on May 12, 2004 in Book 8779, Page 1 ("ZBA Decision"), as extended by a decision of the ZBA dated May 14, 2004 ("ZBA Extension") and to affirm that the special permits ("Special Permits") granted in the ZBA Decision did not expire and are in full force and effect, having been exercised and recorded within two years of the issuance of the ZBA Decision. The said premises affected is property with frontage on the East side of Turnpike Street within the I-1 zoning district. Application and supporting materials are available for review at the office of the Building Department 1600 Osgood Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals Albert Manzi, Chairman Published in the Eagle Tribune on July 7 and July 14, 2009. W4 �ecz) , 72r-3��_� �P�r� r4e�� 21,20 Ippolito, Mary co�< From: Ippolito; Mary Sent: Wednesday, July 01, 2009 11:20 AM To: Ippolito, Mary; Glennon, Michel Subject: RE: variance Mich, Your contact person for this is Jenny Lee 978-263-7777 ext 228 she works for Mark Brooks (?) who is the guy that's purchasing the Little Professionals property. This thing became urgent because Mark Brooks went to Mark Rees to get this pushed thru because there is a buyer for Little Professionals property and he wants to be in by this September. Mary -----Original Message ----- From: Ippolito, Mary Sent: Wednesday, July 01, 2009 10:15 AM To: Glennon, Michel . Subject: variance Hi Mich, While you were out, the new owner of Little Professionals came into the office and requested an application for a variance for that property. I worked with him and re -wrote the legal notice and plugged in the meeting date of July 21 st and advertising dates of July 7 and 14, 2009. 1 also booked the Senior Center for July 21 st. His lawyer will take the information and do his due dilligence to get the legal notice advertised in time. I gave him the fee schedule for a variance, he hasn't paid for it yet. Keep an eye on the Tribune to make sure they advertised on the 7th and 14th and you will have to follow-up with the guy to get him to give you certified slips and stamps etc. Mary F 1 Bellavance, Curt From: Atty. Albert P. Manzi III [attymanzi@ma nzi law. net] Sent: Thursday, July 02, 2009 12:18 PM To: Bellavance, Curt Cc: Thomas J. Urbelis; Dan Lanen; Ellen Mcintyre; Glennon, Michel; Rees, Mark; Brown, Gerald Subject: ZBA Special Meeting Curt - Selectman Lanen apprised me of a issue for a lot in Town whereby a building permit and occupancy certificate issued based in part on an approved Variance and Special Permit from the ZBA. It is my understanding that the decisions were not properly recorded by the applicant prior to the issuance of the building permit and therefore lapsed and/or did not take effect by operation of law, which, in turn created a title issue for the property by way of the property not being in compliance with Zoning. It is my understanding the property must reapply for a variance and special permit and therefore seek approval to have the property and structure comport with Zoning. As you may be aware the ZBA does not have a regular meeting scheduled for July. However, Selectman Lanen has convinced me that the unique situation as described above warrants the Chairman calling a Special Meeting to hear petitions so long as the petitions are filled with the ZBA, properly noticed, and comport with the filing rules and regulations of the ZBA unless waived by the Chairman. Therefore, to the extent an application is received by the ZBA Secretary and time stamped, I will call a special meeting so that a notice date may be set for publication/notice purposes, which will be subject to the Board having a quorum. Be advised these types of matters require 4 out of 5 votes in the affirmative, and to the extent 5 members are not present the applicant may opt to wait till the next meeting when 5 members will be available. A decision is subject to the statutory appeal dates. I should also inform you that the week on July 21 is a particularly busy time for me but the Vice -Chair Ellen McIntyre has informed me should could be available to Chair the meeting to the extent I am unavailable unless something changes in that regard. Please know that but for the efforts of Selectmen Lanen with respect to this matter advocating the unique issues that present, it is not likely I would have been aware of and or able to assist this property owner with respect to a July meeting date. To the end, please be certain to thank Selectman Lanen for his efforts. In closing, please inform me forthwith when a petition is received so that I may work with the ZBA Secretary to prepare for the hearing and review the files. Very truly yours, APM III, ZBA, Chairman PS- Be advised the ZBA and the Chairman were not copied on aM Town communications with respect to the aforementioned which appears to be common practice these days. Attorney Albert P. Manzi III 24 Main Street 'JUN, 29. 2009 12:18PM URBELIS & FIELDSTEEL NO 736 P. 2 THomAS 1. URHL•LIS email tju@uf-law.com URBELIS & 1~IELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 June 29, 2009 By Fax & U.S. Mail Louis N. Levine,l✓sq. D'Agostine, Levine, Parra & Netburn, PC 268 Main Street, P.O, Box 2223 Acton, MA 01720 RE: 2324 TURNPIKE STREET, NORTH ANDOVER, MA C'THE PROPERTY") Dear Attorney Levine: Andovcr Telephone 978475-4552 I have reviewed your letter dated June 25, 2009 to Gerald A. Brown, the North Andover Building Commissioner. As you stated in your letter, the prior owner apparently failed to record the Extension of the Setback Variance at any time, and a building permit was applied for and issued more t)aan one ear after the original Special Permit and Setback Variance was issued. In Cornell v. Board of Ap eais of Dracut decided May 22, 2009, the Supreme Judicial Court stated: "We agree with the Land Court judge that under G. L. e. 40A., § 11, filfth par., ... a variance does not take effect' until it is recorded and that the recording of a variance within one year of its grant is necessary to `exercise' it. The ordinary meaning of the phrase 'take effect' is to become operative.' Webster's Third New Int'1 Dictionary, supra at 2331. Thus, the variance could not become operative, and by implication, could not be exercised, until it was recorded. Here, despite the advisement on the certificate granting him a variance, Cornell failed to record the variance within one year of its and thereb c used the variance Coto laQse. "Even if the variance had been recorded timely, we would nonetheless conclude that Cornell's actions fell short of `exercising' the variance. We agree with the Land Court judge and the Appeals Court, that at the very least, in addition to recording the variance, Cornell needed to obtain a building permit or onvey one of the lots in reliance on the variance.... Without a building permit conveyance of one of the lots, Cornell did not utilize the variance, or `make [it] a;1wp5 NW o�k4wndaatkortespUwie.ftt.0oc JUN, 29. 2009 12:18PM URBELIS & FIELDSTEEL N0. 736 P. 3 URBELIS & FIELDSTEEL, LLP June 29, 2009 Page 2 effective in action,' because he did not undertake any action on the lot necessitating the variance." (emphasis supplied) Thus, it appears that the Extension of Setback Variance never took effect and has lapsed (due to failure of the owner to record within one year), and the Special Permit and Setback Variance had lapsed (due to failure of the owner to obtain building permit within one year) prior to the issuance of the building permit. Your letter quotes G.L. ch. 40A, §3 which provides that with regard to a childcare facility, such a structure "may be subject to reasonable regulations ... determining setback," so I assume you will agree that even with regard to a childcare facility, the Town may require a reasonable setback. Recognizing that estoppel may not be asserted against a municipality in the enforcement of its zoning bylaws ("The right of the public to have the zoning by-law properly enforced cannot be forfeited by the action of its officers." Cullen v BuildingYns ector of N. Attleboro , 353 Mass. 671, 675 (1968); see Building Inspector of Lancaster v. Sanderson, 372 Mass. 157, 167 (1977) (holding a municipality cannot be estopped from enforcing a zoning bylaw after previously granting permits to individuals contrary to the provisions of the zoning bylaw); Dresser v. Building Inspector of Southbrid e, 348 Mass. 729, 731 (1965) (noting estoppel cannot stay the hand of a municipality in enforcing its zoning bylaws)), could you please provide any caselaw or other authority which would be the basis for not concluding that another application to the Zoning Board of Appeals for a variance and special permit is required in this case in order to comply with the Town zoning bylaw. Thank you for your anticipated response. Very truly yours, r Thomas Xrbelis North Andover Town Counsel TJU/kmp cc: Board of Selectmen Mark Rees Gerald Brown Curt Bellavance URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS J. URBELIS e-mail tjuCmuf-law.com Gerald Brown, Building Commissioner Town of North Andover 1600 Osgood Street North Andover, MA 01845 Telephone 617-338-2200 Telecopier 617-338-0122 June 29, 2009 Re: Lapse of Variance / Special Permit Dear Mr. Brown: Andover Telephone 978-475-4552 Some recent appellate cases have dealt with the lapse of a variance or special permit. Those cases have indicated the wisdom of a building inspector making certain that the appeal period has expired for a variance or special permit, and that the variance or special permit has been recorded at the Registry of Deeds, prior to the issuance of a building permit or other permit from your- department which is to be issued as a result of the relief granted by the variance or special permit. Please call if you have any questions on this issue. Very truly yours, _745mlk Thomas J.Yrbelis TJU/kmp cc: Board of Selectmen Mark Rees Curt Bellavance w:\wp5l\work\n-andove\corresp\brown - lapse variance.doc M e THOMAS J. URBELIS e-mail tju@uf-law.com URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 June 29, 2009 By Fax & U.S. Mail Louis N. Levine, Esq. D'Agostine, Levine, Pana & Netburn, PC 268 Main Street, P.O. Box 2223 Acton, MA 01720 Andover Telephone 978-475-4552 -,'/^''- may-_ ------------ -- ,�llul7 2i Zddi RE: 2324 TURNPIKE STREET, NORTH ANDOVER, MA ("THE PROPERTY") Dear Attorney Levine: I have reviewed your letter dated June 25, 2009 to Gerald A. Brown, the North Andover Building Commissioner. As you stated in your letter, the prior owner apparently failed to record the Extension of the Setback Variance at any time, and a building permit was applied for and issued more than one year after the original Special Permit and Setback Variance was issued. . In Cornell v. Board of Appeals of Dracut, decided May 22, 2009, the Supreme Judicial Court stated: "We agree with the Land Court judge that under G. L. c. 40A, § 11, fifth par., ... a variance does not `take effect' until it is recorded and that the recording of a variance within one year of its grant is necessary to `exercise' it. The ordinary meaning of the phrase `take effect' is `to become operative.' Webster's Third New Int'l Dictionary, supra. at 2331. Thus, the variance could not become operative, and by implication, could not be exercised, until it was recorded. Here, despite the advisement on the certificate granting him a variance, Cornell failed to record the variance within one year of its arant, and therebv caused the variance to lapse "Even if the variance had been recorded timely, we would nonetheless conclude that Cornell's actions fell short of `exercising' the variance. We agree with the Land Court judge and the Appeals Court, that at the very least, in addition to recording the variance, Cornell needed to obtain a building permit or convey one of the lots in reliance on the variance.... Without a building permit or a conveyance of one of the lots, Cornell did not utilize the variance, or `make [it] w:\wp5I \work\n-andove\corresp\1evin. Itr.doc of URBELIS & FIELDSTEEL, LLP June 29, 2009 Page 2 effective in action,' because he did not undertake any action on the lot necessitating the variance." (emphasis supplied) Thus, it appears that the Extension of Setback Variance never took effect and has lapsed (due to failure of the owner to record within one year), and the Special Permit and Setback Variance had lapsed (due to failure of the owner to obtain building permit within one year) prior to the issuance of the building permit. Your letter quotes G.L. ch. 40A, §3 which provides that. with regard to a childcare facility, such a structure "may be subject to reasonable regulations ... determining setback," so I assume you will agree that even with regard to a childcare facility, the Town may require a reasonable setback. Recognizing that estoppel may not be asserted against a municipality in the enforcement of its zoning bylaws ("The right of the public to have the zoning by-law properly enforced cannot be forfeited by the action of its officers." Cullen v. Building Inspector of N. Attleborough, 353 Mass. 671, 675 (1968); see Building Inspector of Lancaster v. Sanderson, 372 Mass. 157, 167 (1977) (holding a municipality cannot be estopped from enforcing a zoning bylaw after previously granting permits to individuals contrary to the provisions of the zoning bylaw); Dresser v. Building Inspector of Southbridge, 348 Mass. 729, 731 (1965) (noting estoppel cannot stay the hand of a municipality in enforcing its zoning bylaws)), could you please provide any caselaw or other authority which would be the basis for not concluding that another application to the Zoning Board of Appeals for a variance and special permit is required in this case in order to comply with the Town zoning bylaw. Thank you for your anticipated response. Very truly yours, Thomas rbelis North Andover Town Counsel TJU/kmp cc: Board of Selectmen Mark Rees Gerald Brown Curt Bellavance Town of North Andover , Office of the Zoning Board of Appeals ,'�.D Community Development and Services Di 'vision ► 27 Charles Street * « North Andover, Wamdwsetts Uf845 D. Robert Nicene Telephone (978) 699.9541 BuIldinrg Commissioner Fax (978) 688-9542 r� -0rn 4.j The Board finds %9 the applicant has satisfied the provisions of Section 10, Paragraph 10.4 of tho zoning bylaw and that the granting of this variance will not adversely affect the neighborhood or derople *= the irk and prpoe ofthe zoning bylaw; and Section 9, Paragraph 9.1 and Sa for 4. Paragraph 4.132 #16 of the zoning bylaw and that such change, agdension of alterartion shall not be subs" isle mora dedrimentai to the neighborhood. Furthermore, if** rigbts "orized by the Variance are sat cambed within we (1) year of the date of the grew. ft shalt hrpik and may be relished only after notice, and a new hearing. Fw Amore, if a Special Pamit grasrted ander the provisions eontalned haain shall be deemed to have lamed afar a two (2) year period fiom &a date on which the Sproul Permit was pw tad unless m Antential use or construction has commenced, it shall and may be reestablished only after notice, and a new ha wing. Decision 2003-054 Page 2 oft Town of North Andover Board of.Appeels, � � Walter F. Soule, Vice Chairman Booed of Appears 976488,9541 By 978688-9545 Consawbon 978 6a8 -V530 HWA 9'1aw6U954o Plemmg 97a -6a8-9535 UAGOSTINE, LEVINE, PARKA & NETBURN, P.C. 268Main5treet I P.O. Box2223 I Acton,MA 07720 Attorneys at law tel 978.263.7777 Louis N. Levine fax 978.264.4868 F. Alex Parra Cathy S. Netbum Maryann Cash Cassidy June 25, 2009 VIA EMAIL: brown(a�townofnorthandover.com And FIRST CLASS MAIL Gerald A. Brown, Inspector of Buildings Town of North Andover 1600 Osgood Street North Andover, MA 01845 RE: 2324 Turnpike Street, North Andover, MA ("Property") Dear Mr. Brown: Please be advised that this office represents 2324 Turnpike Road, LLC ("Buyer"), in connection with its purchase of the Property. The Buyer intends to purchase the Property prior to the end of this month and lease the Property to Little Sprouts, Inc. ("Tenant"), which. intends to operate a day care center at the Property commencing on or about September 1, 2009. Therefore, the interim timing is critically important as the Tenant has some cosmetic work to prepare the Property and market the day care center to prospective parents/customers. In order to purchase the Property the Buyer needs assurance that the Tenant will be allowed to operate the day care center. Pursuant to Sections 9.1 and 4.132, 916, of the North Andover Bylaw ("Bylaw"), the Board of Appeals issued a special permit and setback variance ("Special Permit and Setback Variance's dated April 29, 2003, and recorded with the Essex North Registry of Deeds on May 12, 2004, in Book 8779, Page 1. The Board of Appeals granted an Extension of the Setback Variance on May 14, 2004, extending the Setback Variance until October 28, 2004. It is our understanding that the building permit for the day care center was issued prior to expiration of the Setback Variance as extended. Construction pursuant to the building permit was completed and an occupancy permit for the day care center, as permitted to the Special Permit and Setback Variance, was issued on September 16, 2005. Thereafter, the Property was used as a day care center until sometime last fall when the Property was foreclosed. In reviewing the records at the Essex North Registry of Deeds, we have been unable to verify recording of the Extension of the Setback Variance. The Buyer intends to apply to the Board of Appeals for such relief as may be necessary to clarify the record at the registry of deeds and confirm the ongoing existence of the Setback Variance. However, without assurance that the Tenant may operate the day care center, the time required to file and come before the Board of Appeals will prevent the Tenant's plan to operate at the Property on or about September 1, 2009 and opening after the start of the school year will negatively impact first year enrollment. www.dlpnlaw.com JDHHF UAGOSTINE, LEVINE, PARRA & NETBURN, P.C. Attorneys at Law Gerald A. Brown, Inspector of Buildings June 25, 2009 Page 2 Although the Board of Appeals issued the Setback Variance authorizing the day care center as constructed, it is respectfully suggested that pursuant to G. L. c. 40A, §3, relative to child care facilities, the day care center, as constructed, is permitted as a matter of right. G. L. c. 40A, §3, provides, in relevant part: No zoning ordinance or bylaw in any city or town shall prohibit, or require a special permit for, the use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child care facility; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. As used in this paragraph, the term "child care facility" shall mean a day care center or a school age child care program, as those terms are defined in section nine of chapter twenty-eight A. [Emphasis added.] Therefore, the Board having found the setbacks at the Property as constructed are reasonable, the use of the Property as a Day Care Center is permitted as a matter of right without the Setback Variance. Trustees of Tufts College v. City of Medford, 415 Mass. 753, 760 (1993)[Accommodation sought to be accomplished by Dover amendment, between educational use of property and matters of critical municipal concern, cannot be achieved by insisting that educational institution seek variance to obtain permission to complete its project.] Therefore, it is our understanding that you will permit the Tenant to operate a day care center at the Property despite the fact that the Extension to the Variance may not have been timely recorded at the Registry of Deeds. It would be appreciated if you can confirm the foregoing in writing. I would be pleased to answer any questions or speak with town counsel should you think it necessary. Thanking you for your anticipated cooperation and courtesies, I remain Very truly yours, D'AGOSTTNE, LEVINE, PARRA & NETBURN, P.C. By: LNL/jmh Louis N. Levine r� Cc: David Hale - Via Email e-mail: Revineaa,dlpnlaw.com Robert W. Herman, Esq. — Via Email civihomni\n. AndoveAlettersMetter to Gerald Brown gull. Y9: LUU7 IL; Ilan unoCL10 (X rinuJLLL URBELts & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MasSACHU$ETTs 02110-1727 THOMAS I. URskuS Telephone 617-338-2200 e-mail tju@uf-Iaw.COM Telewpier 617-338-0122 June 29, 2009 By Fax & U.S. Mail Louis N. Levine, Esq. D'Agostine, Levine, Parra & Netbum, PC 268 Main Street, P.O. Box 2223 Acton, MA 01720 1w. ! JU C U: 2324 TURNPIKE STREET, NORTH ANDOVER, MA ("THE PROPERTY") Dear Attorney Levine: Andover Telephone 978.475.4552 I have reviewed your letter dated June 25, 2009 to Gerald A. Brown, the North Andover Building Commissioner. As you stated in your letter, the prior owner apparently failed to record the Extension of the Setback Variance at any time, and a building permit was applied for and issued more tla one ear after the original Special Permit and Setback Variance was issued. In Cornell v Board of Appeals of Dracut decided May 22, 2009, the Supreme Judicial Court stated: "We agree with the Land Court judge that under G. L. C. 40A, $ 11, fr$h par.,... a variance does not take effect' until it is recorded and that the recording of a variance within one year of its grant is necessary to `exercise' it. The ordinary meaning of the phrase `take effect' is `to become operative.' Webster's Third New lnt'1 Dictionary, supra at 2331. Thus, the variance could not become operative, and by implication, could not be exercised, until it was recorded. Here, despite the advisement on the certificate granting him a variance, Cornell failed to record the variance within one veer of its grant. and t crebv caused the variance to IJRse. "Even if the variance had been recorded timely, we would nonetheless conclude that Cowell's actions fell short of `exercising' the variance. We agree with the Land Court judge and the Appeals Court, that at the very least, in addition to recording the variance, Cornell needed to obtain a building permit or convey one of the lots in reliance on the variance.... Without a building permit or a conveyance of one of the lots, Cornell did not utilize the variance, or `make [it] w;�wpS 14+.o�t�e�•mdeatko�+espUwfaAR.Ooc JUN.29.2009 12.1UN uHtttS & ritMlttt iuu 1JO r. URBELIS & r IELDSTEEL, LLP June 29, 2009 Page 2 effective in action,, because he did not undertake any action on the lot necessitating the variance." (emphasis supplied) Thus, it appears that the Extension of Setback Variance never took etlect and has lapsed (due to failure of the owner to record within one year), and the Special Permit and Setback Variance had lapsed (due to failure of the owner to obtain building permit within one year) prior to the issuance of the building permit. Your letter quotes G.L. ch. 40A, §3 which provides that with regard to a childcare facility, such a structure "may be subject to reasonable regulations ... determining setback," so I assume you will agree that even with regard to a childcare facility, the Town may require a reasonable setback. Recognizing that estoppel may not be asserted against a municipality in the enforcement of its zoning bylaws ("The right of the public to have the zoning by-law properly enforced cannot be forfeited by the action of its officers." Cullen v. Building sector of N. Attleborough, 353 Mass. 671, 675 (1968); see Building Inspector of Lancaster v. Sanderson, 372 Mass. 157, 167 (1977) (holding a municipality cannot be estopped from enforcing a zoning bylaw after previously granting permits to individuals contrary to the provisions of the zoning bylaw); Dresser v Building Inspector of Southbridge, 348 Mass. 729, 731 (1965) (noting estoppel cannot stay the hand of a municipality in enforcing its zoning bylaws)), could you please provide any caselaw or other authority which would be the basis for not concluding that another application to the Zoning Board of Appeals for a variance and special permit is required in this case in order to comply with the Town zoning bylaw. Thank you for your anticipated response. Very truly yours, GS ` Thomas rbelis North An over Town Counsel TIU/kmp ec: Board, of Selectmen Mark Rees Gerald Brown Curt Bellavance Page 1 of 2 Glennon, Michel From: Atty. Albert P. Manzi III [attymanzi@manzi law. net] Sent: Thursday, July 02, 2009 12:18 PM To: Bellavance, Curt Cc: Thomas J. Urbelis; Dan Lanen; Ellen Mcintyre; Glennon, Michel; Rees, Mark; Brown, Gerald Subject: ZBA Special Meeting Curt - Selectman Lanen apprised me of a issue for a lot in Town whereby a building permit and occupancy certificate issued based in part on an approved Variance and Special Permit from the ZBA. It is my understanding that the decisions were not properly recorded by the applicant prior to the issuance of the building permit and therefore lapsed and/or did not take effect by operation of law, which, in turn created a title issue for the property by way of the property not being in compliance with Zoning. It is my understanding the property must reapply for a variance and special permit and therefore seek approval to have the property and structure comport with Zoning. As you may be aware the ZBA does not have a regular meeting scheduled for July. However, Selectman Lanen has convinced me that the unique situation as described above warrants the Chairman calling a Special Meeting to hear petitions so long as the petitions are filled with the ZBA, properly noticed, and comport with the filing rules and regulations of the ZBA unless waived by the Chairman. Therefore, to the extent an application is received by the ZBA Secretary and time stamped, I will call a special meeting so that a notice date may be set for publication/notice purposes, which will be subject to the Board having a quorum. Be advised these types of matters require 4 out of 5 votes in the affirmative, and to the extent 5 members are not present the applicant may opt to wait till the next meeting when 5 members will be available. A decision is subject to the statutory appeal dates. I should also inform you that the week on July 21 is a particularly busy time for me but the Vice -Chair Ellen McIntyre has informed me should could be available to Chair the meeting to the extent I am unavailable unless something changes in that regard. Please know that but for the efforts of Selectmen Lanen with respect to this matter advocating the unique issues that present, it is not likely I would have been aware of and or able to assist this property owner with respect to a July meeting date. To the end, please be certain to thank Selectman Lanen for his efforts. In closing, please inform me forthwith when a petition is received so that I may work with the ZBA Secretary to prepare for the hearing and review the files. Very truly yours, APM III, ZBA, Chairman PS- Be advised the ZBA and the Chairman were not copied on gny Town communications with respect to the aforementioned which appears to be common practice these days. 7/6/2009 Town of North Andover . "Oat" Office of the Zoning Board of Appeals 0� Community Development and Services Division ; 27 Charles Street •�•�--�• ''�� North Andover, Massachusetts 01845 CMuS/ D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax (978) 688-9542 j The Board finds that the applicant has satisfied the provisions of Section 10, Paragraph 10.4 of thj zoning bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate .from the intent and purpose of the zoning bylaw, and Section 9, Paragraph 9.1 and Section 4, Paragraph 4.132 #16 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental to the neighborhood. 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 2003-054 Page 2 of 2 Town of North Andover Board of Appeals, Walter F. Soule, Vice Chairman Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover of NORT►� Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 gc,�usi D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Telephone (978) 688-9541 Fax (978) 688-9542 Notice of Decision Year 2003 Property at: 2324 Turn ike Street K NAME: Little Professionals, Inc., Jim Richards, Treasurer HEARING(S): December 10, 2002, February 11 & April 16, 2003 0 ADDRESS: for premises at: 2324 Turnpike Street PETITION: 2002-054 North Andover, MA 01845 TYPING DATE: Aril 17, 2003 The North Andover Board of Appeals held a public hearing, at its regular meeting. on Wednesday, at 7:30 PM upon the application of Little Professionals, Inc., Jim. Richards (treasurer), 7 Laconia Circle, for premises at: 2324 Turnpike Street, North Andover for dimensional Variance from Section 7, Paragraph 7.3 and Table 2, (Page FN -1, #1. 100' setback from Rte 114), Section 7; Paragraph 7.3 and Table 2, (50' setback from Sharpners Pond Road); and a Special Permit from Section 9, Paragraph 9.1 (Non -Conforming Use) and Section 4, Paragraph 4.132 #16 (I-1 Day Care Center by Special Permit) to allow for the construction of a day care center on a non -conforming lot. The said premise affected is property with frontage on the East side of Turnpike Street within the I-1 zoning district. . The following members were present: Walter F. Soule, Robert P. Ford, John M. Pallone, and George M. Earley. Upon a motion made by Joseph D. LaGrasse and 2nd by John M. Pallone, the Board voted to GRANT the request for dimensional Variances from Section 7, Paragraph 7.3 and Table 2 for relief of 25' from Sharpners Pond Road and for relief from Table 2, FN -1 for 50' from the 100' setback from Route 114 right-of-way, and Special Permits from Section 9, Paragraph 9.1 in order to construct a new structure for a non -conforming use on a pre-existing, non conforming lot, and Section 4, Paragraph 4.132 #16 in order to operate a day care center in the I-1 zoning district. The Variance and Special Permit are granted on the following conditions: 1. The 2nd floor is to be used for offices only, day care activities and children to be restricted to the first floor, only. 2. The plans numbered 1-6 to 6-6, dated 4/2/03, 5th revision be submitted to and subject to review by the Fire Department, Police Department, Division of Public Works, Conservation Commission, Board of Health, and Planning Board as listed in the Technical Review Committee Report dated April 15, 2003, concerning the Little Professionals, Inc. 3. The proposed playground protection berm, fencing, and landscaping rocks and trees be included in the Site Plan Review of the Planning Board. 4. The signage symbols shown on the Site Plan, sheet 3 of 6, revised 4/2/03 are not included in the approval granted in this decision. Voting in favor: Walter F. Soule, Robert P. Ford, John M. Pallone, and George M. Earley. Pagel of 2 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 Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Kathy McKenna Planning Director TO: Chairman William Sullivan Zoning Board of Appeals CC: Planning Board Heidi Griffin, Community Development & Services Director FROM: Kathy McKenna, Planning Direct0 0^ DATE: December 30, 2002 RE: Little Professionals, 2324 Turnpike Street Telephone (978) 688-9535 Fax (978) 688-9542 Please accept these comments on the pending Little Professionals ZBA application. Carl Dubay, MHF Design, and Jim Richards, Little Professionals Inc., have met with me regarding this project prior to their ZBA submittal. These variance requests appear to be driven by the applicant's design concerns: parking in the rear of the building, colonial -type building along the street, more manageable building envelope, etc. These design concerns are valid and embodied in the Village Commercial District of the Zoning By-law. The plan, with the requested variances, provides an attractive building that will be situated along 114. Placing the building along the street, pushing the parking to the rear, and providing a landscape buffer along 114 (all proposed) provides an aesthetically pleasing transition from the industrial areas in North Andover and Middleton to the more residential stretch of the road. The parking in the rear also provides a larger buffer between the proposed day care and the existing abutting industrial use. Further, without any variances granted for this parcel the building envelope is an awkward triangle which leaves little room for any design initiative. I fear the alternative would be a utilitarian "box" type structure similar to some of the metal buildings in Middleton in this area. I have heard there have been questions with regard to traffic flow in this area of 114, especially in light of the Meadows project. All issues of traffic safety and capacity would be appropriately and responsibly reviewed by the Planning Board during site plan review. I believe that a traffic study is already being prepared for that purpose. Thank you. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 21s' of July, 2009, at 7:30PM to all parties interested in the appeal of 2324 Turnpike Road, .LLC, for premises at: 2324 Turnpike Street, North Andover to reinstate and/or re -issue variances ("Variances") originally granted by the Zoning Board of Appeals ("ZBA') to Little Professionals, Inc., by decision filed with the North Andover Town Clerk on April 29, 2003 and recorded in the Essex North District Registry of Deeds on May 12, 2004 in Book 8779, Page 1 ("ZBA Decision"), as extended by a decision of the ZBA dated May 14, 2004 ("ZBA Extension") and to affirm that the special permits ("Special Permits") granted in the ZBA Decision did not expire and are in full force and effect, having been exercised and recorded within two years of the issuance of the ZBA Decision. The said premises affected is property with frontage on the East side of Turnpike Street within the I-1 zoning district. Application and supporting materials are available for review at the office of the Building Department 1600 Osgood Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on July 7 and July 14, 2009. ILU .os M.G181c-E2 lcWycL a -a XD[t4lc*c TC Wi cc j'C_op W= a) c' a�0010�>EO (D.0 VN> .7C�>NON�.�00 U)!> 0.N NpuI 0_, to �NO^,vl� --.E t6(0 r-tC 3.(01 m3vir y "L-'-�C-(000 C.:�O� :'gin . rn neo 5 C, WA2c� rnom -0 �n�- z `Q oa�`of6o�tcQYNJNZ4 7m QdDNUON�NdCOCIwEapOca�i�oiL�c2!&W icmo o ::dQVC .O rQ ID OLOt.0 0 CNJN N Ca .tea r'c N..L. CL NO N.Om O EQ m d m- N_•nl n'�OL« D,C O N m mQ N0 0�..N V' �IM L,Q t L«.N yO-W p'p cdo-�-'v�Q!vo m 8N•_C x'3omp n--rnco-o tr«gLo >.�C_ ��LONd3�TZ �O m._R{py� m�C�OCrFp>'ON CO�Oma C.ma 0Xm`oca 0 20 OY.Or- �,Em.O Ev ._HN mm�n- .Qww i+ G mL W F•N'C C1 m:t1 m �c013. ?-, m:N N OY 'a) N0 q{ C.i6� O N Q -O-N ELN- 01- mt 0� tz 'LlV.ZmZ�°�'`camio�cmE°'vvm� �mcmy���_mmmwN`cmn�c���c`uNFa�icF-Q� a�rnv�pLo an LU Y 0. N«Q?.LY.�Y C.c C C CN'C c GO O m CNS rL=n�� 7 C m'N L. O•�t O >•� m N CL.LQ J QtUro -0.2 « aaaQ m m._._' rn:.=QQ Z0._; m o- 0-0 �._ >. caw o« nco 0000««c�i 009 ©rG m io,?,A Poo 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com s ZONING BOARD OF APPEALS ;"',1:�*CEiVED Albert P. Manzi III, Esq. Chairman T U;, '1 ." R I I.5 0 I F I L E Ellen P. McIntyre, Vice -Chairman N°RTH Richard J. Byers, Esq. Clerk of b q~v q p L097 JU—7 AM 1 I ; 40 Joseph D. LaGrasse Richard M. Vaillancourt 3? a`.:+ °L A _; T.0Is'y f 0 i- Associate Members Thomas D. I olito *� ^o NORTH ANDOVER Daniel S. Braese, Es q gq.a.x,...W�.. � �'o�rao '�P �y 9SSACHuS�� i`�AISSACHUSF � Town Cher ime Stamp Michael P. Liporto Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 21s' of July, 2009, at 7:30PM to all parties interested in the appeal of 2324 Turnpike Road, .LLC, for premises at: 2324 Turnpike Street, North Andover to reinstate and/or re -issue variances ("Variances") originally granted by the Zoning Board of Appeals ("ZBA') to Little Professionals, Inc., by decision filed with the North Andover Town Clerk on April 29, 2003 and recorded in the Essex North District Registry of Deeds on May 12, 2004 in Book 8779, Page 1 ("ZBA Decision"), as extended by a decision of the ZBA dated May 14, 2004 ("ZBA Extension") and to affirm that the special permits ("Special Permits") granted in the ZBA Decision did not expire and are in full force and effect, having been exercised and recorded within two years of the issuance of the ZBA Decision. The said premises affected is property with frontage on the East side of Turnpike Street within the I-1 zoning district. Application and supporting materials are available for review at the office of the Building Department 1600 Osgood Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on July 7 and July 14, 2009. ILU .os M.G181c-E2 lcWycL a -a XD[t4lc*c TC Wi cc j'C_op W= a) c' a�0010�>EO (D.0 VN> .7C�>NON�.�00 U)!> 0.N NpuI 0_, to �NO^,vl� --.E t6(0 r-tC 3.(01 m3vir y "L-'-�C-(000 C.:�O� :'gin . rn neo 5 C, WA2c� rnom -0 �n�- z `Q oa�`of6o�tcQYNJNZ4 7m QdDNUON�NdCOCIwEapOca�i�oiL�c2!&W icmo o ::dQVC .O rQ ID OLOt.0 0 CNJN N Ca .tea r'c N..L. CL NO N.Om O EQ m d m- N_•nl n'�OL« D,C O N m mQ N0 0�..N V' �IM L,Q t L«.N yO-W p'p cdo-�-'v�Q!vo m 8N•_C x'3omp n--rnco-o tr«gLo >.�C_ ��LONd3�TZ �O m._R{py� m�C�OCrFp>'ON CO�Oma C.ma 0Xm`oca 0 20 OY.Or- �,Em.O Ev ._HN mm�n- .Qww i+ G mL W F•N'C C1 m:t1 m �c013. ?-, m:N N OY 'a) N0 q{ C.i6� O N Q -O-N ELN- 01- mt 0� tz 'LlV.ZmZ�°�'`camio�cmE°'vvm� �mcmy���_mmmwN`cmn�c���c`uNFa�icF-Q� a�rnv�pLo an LU Y 0. N«Q?.LY.�Y C.c C C CN'C c GO O m CNS rL=n�� 7 C m'N L. O•�t O >•� m N CL.LQ J QtUro -0.2 « aaaQ m m._._' rn:.=QQ Z0._; m o- 0-0 �._ >. caw o« nco 0000««c�i 009 ©rG m io,?,A Poo 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com s o O � D y C 1, p N A e� ch N U 00.E Qi ~ cn W cri o00 p To y �" W '++ p C N ,�1 W W W 4O ti O O v (%� tr► F" �Q1O�� y cc v �" v M m Q 0 0 rj) 18 � 0 o ch 44 N O P y U ° a C� U O v �11 H u O t Z O U a OcnO-4 e i r-+ OO N N O t• O 0.0 O Ln Gxa o U Wim+ Q4 0 tot U S W Q a W o� *� O ^o o¢ o 0� V)44 44 y o'w�o ry �►i OO cv N v i'' o o U o a U bio 'd v O d� 4 N •C o a y c� i��, �0 qc cZC O U ���a,rnrn�� (� to CO Ci. Q) Q r-4 N M rM LO �O N M cu ,v -0 m 3 .z O ++ C W N Q, o ed a, a1u c 0 °i rA bc cz rl U 2 Location- No. Date /o o� NORTH TOWN OF NORTH ANDOVER 9 Certificate of Occupancy $ 4CMU5 Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # c`-3 2 49!j f `'—Building Inspficior yJ• ib- COMMONWEALTH OF MASSACHUSETTS "`—�" TOWN OF NORTH ANDOVER 1600 OSGOOD STREET Building 20 Suite 2-36 APPLICATION OF CER 77FICATE OF INSPECTION 2008 () Fee Required (Amount) 100.00 () No Fee Required Date: Accordance with the provisions of the Massachusetts State Building code, Section 108,15, 1 hereby apply for Certificate of Inspection for the below -named prpmisee§ located at the following address: Street and Number Z�Zq Cid Name of Premises ) roe Purpose for the Premise is used. IS Licenses (s) or Permit (s) Required for the Premises by Other Governmental Agencies: Contact Person Ann Higgins Telephone 978-682-8785 License or Permit Certificate to be issued to Address Owner of Record of Building Address Name of Present Holder of Certificate Name of Agency, if any SIGNAT E OF Pi IS ISSUED W HIS INSTRUCTIONS: M TO WHOM CERTIFICATE ?IZED AGENT �-- Ag�ennccy7 G Telepho e -1753, 1 rvs-rC C� DATE ,,54r►,G Qot�J"c1.1 1) Make check payable to: Town of North Andover 2) Return this application with your check to: Building Dept., 1600 Osgood Street, BLDG 20 STE 2-36 North Andover MA 01845 PLEASE NOTE. Application form with accompanying FEE must be submitted for each building or structure or part thereof to be certified. 3) Application and fee must be received before the certificate will be issued. 4) The building officials shall be notified within ten (10) days of any change in the above information. CERTIFICATE # EXPIRATION DATE: Application for Cl. revised 1/08imc CLASSIFICATION OWN INSPECTION PASSES INSPECTION BUILDING NAME OR NO V STREET LOCATION T FORM NO DATED TYPE OF OCCUPAN - Day Care Auditorium Restaurant Cafe Gym Apt School Common Victualer's Liquor Place of Assembly OPERABLE EXIT SIGN yes no LIGHTED EXIT SIGNS yes no NUMBER OF GRADE FLOOR MEANS OF EGRESS DOORWAYS f/yJG17- NUMBER OF SEPARATE STAIRWAYS ACCESSIBLE PER STOREYS EMERGENCY LIGHTING SYSTEM dry cell wet cell operable ELECTRIC EQUIPMENT VIOLATIONS -6,Z — yes no FIRE RESISTANT CURTAINS OR DRAPERIES r,, EGRESSES LAWFULLY DESIGNATED unobstructed ANDICAP ELEVA R Nei �`n S�v1L� STAIRS PROPERLY RAILED HALLS AND STAIRWAYS LIGHTED no UTILITY ROOM — CLOSETS RADIATOR GUARDS COMPLIES HANDICAPPED PERSONS LAWS `Its —" yes no HOW HEATED /-� NO. FIREPLACES yes no BOILER ROOM CONDITION: 4-yz2= ROOM LOAD IF APPLICABLE yes no yes no yes no es no yes no yes no INSPECTOR: BRIAN LEATHE: 7/ 1 �= DATE OF INSPECTION 1 Date..- �'< •:1� TOWN OF NORTH ANDOVER PERMIT FOR PLUMBING This certifies that ............................. has permission to perform ...t/l .f. t t ...c . ��. E, : 3 .......... " plumbing in the buildings of (7.... ............. at. ,.� t. .. �J�c-r. �jr %. .� ....... PBING Noorth Andover, Mass. Fee/9�9 Y7.. Lic. Noal0.G.) LU�s......... LUINSF�ECTOR Check # � �~� �r s ' s -1 ` MASSACHUSETTS UNIFORM APPLICA El (Type or print) NORTH ANDOVER, MASSACHUSETTS Building Location w 23 Type of New Name Renovation 1-1 Replacement I FOR PERMIT TO DO PLUMBING ate 0 �' rmit # Y _ n Amount / y Plans Submitted Yes No (Print or type) ` '� Che one: Certificate Installing Company Name l/I orp. Address d Partner. Business Telephone Firm/Co. e 4 Name of Licensed Plumber: L4 11 Insurance Coverage: India to thefype of insurance coverage by cliecking the appropriate box: Liability insurance policy Other type of indemnityEl Bond ❑ Insurance Waiver: I, the uyPersied, have been made aware that the licensee of this application does not have any one of the above threeinsurance Signature Owner Agent I hereby certify that all of the details and information I have submitted (or entered) in above catio re and accurate to the best of my knowledge and that all plumbing work and int latio poD ed er Pe t Isssu d r this application will be in compliance with all pertinent provisions of the Massa usetts ate 1 r�nbm e d Chapte 2 of the General Laws. By: Tignature-or Licensea Type of Plumbing License Title City/Town Mcense er Master Journeyman ❑ APPROVED (OFFICE USE ONLY Aq Date .. ,//- �� ... ...` .. . 4` TOWN OF NORTH ANDOVER PERMIT FOR GAS INSTALLATION -his certifies that .. .................... has permission for gas installation`.?". . iA the buildings of ... r ... ....... . at ...........orth Andover, Mass. Fee. ... Lic. No...........�`.r....... . GAS INS�P,�E , R Check # SU88 MASSACHUSETTS UNIFORM APPUCATON Fyk PERM TO DO GAS FITTING X " (Type or print) NORTH ANDOVER, MASSACHUSETTS Building Locations Owner' Date 7 Permit # • Z- New Signature of Licensed PI u ber O Gas Fitter Renovation Replace ent Plans Submitted 0 Plumber 7 0 as Fitter tcense Numb,6r Master Journeyman w � a z W w �C p °C', z H wd GW H z w¢ x 0 a z A a1 o 3 0- °a W °a N o SUB-BASEM ENT BASEM ENT. 1ST. FLOOR 2ND. FLOOR 3RD. FLOOR 4TH. FLOOR 5 T H. F L O O R 6TH. FLOOR 7TH. FLOOR STH. FLOOR r ec ne: Certificate Installing Company (Print or type) Name4�4— Corp. Address C ��"`�� �Partner. Ru'iness Telephone - Firm/Co. R Name of Licensed Plumber or Gas Fitter 1 INSURANCE COVERAGE Check one: I have a current liability Insurance policy or it's substantial equivalent. Yes D No Q If you have checked yes, p ease ' dicate the type coverage by checking the appropriate box. Liability insurance policy Other type of indemnity 13Bond❑ Owner's Insurance Waive . I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check one: w Signature of Owner or Owner's Agent Owner Agent 1 hereby certify that all of the details and information I have sub tted r entered) in abov pli do a true and accurate to the 1 best of my knowledge and that all plumbing work and installAions pe o d un er Pe t Issue r is application will be in compliance with all pertinent provisions of the Massachus is Stat � e er 1 General Laws. By: Title City/Town APPROVED (OFFICE USE ONLY) Signature of Licensed PI u ber O Gas Fitter Plumber 7 0 as Fitter tcense Numb,6r Master Journeyman 1 r Town of North Andover Office of the Planning Department'. Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 b—tti2:1./www.townofnorthandover.com iwoods@townofnorthandover.com Planning Director: J. Justin Woods P (978)688-9535 P (978) 688-9542 TO THE LAWRENCE EAGLE TRIBUNE LEGAL AD FOR PUBLICATION MONDAY AUGUST 25TH..& SEPTEMBER 1ST CLIPPINGS TO BE MAILED TO THE PLANNING `DEPARTMENT AS ADDRESS TOWN OF NORTH AlOVER PLANNING BO NOTICE OF PUBLIC HEARINGjURSDAY, SEPTEMBER 9TH, In accordance with the provisions of M.G.L. ChSOW 40:A'—,Section 11, the Board will hold a public hearing as follows: P.M ABOVE Planning Purpose of Public Hearing: Application for Site Plan Review Special Permit under Section 8.3 of the North Andover Zoning Bylaw. The Applicants seek a permit to redevelop the property from an existing contractor's garage and yard and residence to a daycare facility, including nes,- oullning, utilities, landscaping and parking Applicant/Petitioner: Little Professionals, Inc., c/o James K. Richards, CPA 7 Laconia Circle North Andover, MA 01845 Owner: Anthony F. Pacillo IlI & Stephanie M. Deangelis 2324 Turnpike Street North Andover, MA 01845 Address of Premises Affected 2324 Turnpike Street Assessors Map and Lot: Map 108A, Lot 8 Public Hearing Date & Time Tuesday, September 9, 2003 7:30 p.m. Location of Public Hearing North Andover Public Works Garage at 384 Osgood Street, near the High School entrance. All interested persons may appear and be heard. Persons needing special accommodations and / or those interested in viewing the application materials should contact the North Andover Planning Department at (978) 688-9535 or by email atjwoods(a),townofnorthandover.conL Alberto Angles, Chair, North Andover Planning Board BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 t Location No. Z�S-3u�����-+ Date Jr© 22 NORTN TOWN OF NORTH ANDOVER s �o Certificate of Occupancy $ Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee C� $ TOTAL $ %o �- Check # 3%kk. i77415 (Z�a Buildin . n0'ector TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCT REPAIR, RENOVATE, OR DEMOLISH A ONE OR TWO FAMILY DWELLING ,!$ fiw �t�C BI.TIl:DING PERMIT NUMBER:C�2�� DATE ISSiTEDO:��.., �Z SIGNATURE: L FLtra, Building 6mniissioner/InEe22tor of BuildingsD SECTION 1- SITE INFORMATION 1.1 Property Address: w'i%� t� 1.2 Assessors Map and Parcel Number: `U, 9 & C C: C7 �J Map Number Parcel Number l�:>Z✓ 1.3 Zoning Information: Zoning District Proposed Use 1.4 Property Dimensions: Lot Areas Fronts ft 1.6 BUILDING SETBACKS 00 Front Yard Side Yard Rear Yard R red Provide Required Provided Required Provided 1.7 Water Supply M.G.L.C.40. 54) 1.5. Flood Zone Information: Public ❑ Private ❑ Zone Outside Flood Zone ❑ 1.8 Sewerage Disposal System: Municipal ❑ On Site Disposal System ❑ SECTION 2 - PROPERTY OWNERSHIP/AUTHORIZED AGENT I t; ' •`'tr C, t: Y=c 2.1 Owner ofrd y , ,�,� 1 �1 /�` ►— `/`7r [AMcS� �I I rJ Sr O'c- P-6 Name (Print) 1 Address for Service .v..L, Signa re Telephone 2.2 Owner of Record: a _ Name Print Address for Service: Signature Telephone SECTION 3 - CONSTRUCTION SERVICES 3.1 Licensed Construction Supervisor:) Licensed Construction Supervisor: r �/,n X� y� � `, ' JA9 /2,4X"0 -,A Address 111' 7j r C -."s V Signature % Telephone a l Not Applicable ❑ C6 6.3 License Number 71f 31,5 S Expiration bAte 3.2 Registered Home Improvement Contractor Not Applicable ❑ Company Name Registration Number Address Expiration Date Signature Telephone 00 M X z O 0 M tj asi 0 z M 90 0 C r M r r aa® z 0 SECTION 4 - WORKERS COMPENSATION (M.G.L. C 152 § 25c(6) 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 buildin rmit. Signed affidavit Attached Yes ....... No ....... ❑ SECTION 5 Description of Proposed Work(check all a cable New Construction 0 Existing Building ❑ Repair(s) ❑ Alterations(s) ❑ Addition ❑ Accessory Bldg. 0 Demolition F47 Other 0 Specify Brief Description of Proposed Work: S/A-4_bC_ 1�qWil, q�-- SECTION 6 - ESTIMATED CONSTRUCTION COSTS T -- Item Estimated Cost (Dollar) to be Completed by permit applicant OFFICIAL USE ONLY 1. QBB'Iding ^ (a) Building Permit Fee Multiplier 2 Electrical (b) Estimated Total Cost of Construction 3 Plumbing Building Permit fee tat X (b) )"0 4 Mechanical HVAC 5 Fire Protection 6 Total 1+2+3+4+5 Check Number SECTION 7a OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I, � �L C3 -,as Owner/Authorized Agent of subject property Hereby authorize_ ! to act on My behalf, i all m er i'L�tive t c authorized by this building permit application. l naWre of' Owue Date SE 7b OWN AUTHOWED AGENT DECLARATION I, �py✓tC� Tl I t ,as Owner/Authorized Agent of subject property i Hereby declare that the statements and information on the foregoing application are Lrue and accurate, to the best of my knowledge and belief \ Print Name Signature of er/A ent Date NO. OF STORIES SIZE BASEMENT OR SLAB SIZE OF FLOOR TEVIBERS Or 2' 3RD SPAN DIMENSIONS OF SILLS Z DIMENSIONS OF POSTS DIMENSIONS OF GIRDERS HEIGHT OF FOUNDATION � THICKNESS SIZE OF FOOTING X MATERIAL OF CHIMNEY IS BUILDING ON SOLID OR FILLED I:AND IS BUILDING CONNECTED TO NATURAL GAS LINE Town of North Aridov®r Building Department 27 Charles Street North Andover INA 01845 T91:978-688-9545 Fax: 976-688-9542 PAM .___ -/n zo- --- - C CATlt7fd OF F_RQP I!-_��_QEMO .t� � 3�(11 r 4 e,— ®ESGRiI�'flQ�d _.___..� �� Q.�•- �r�. s� y K.t� � c� d.,i c � '�" ter- �• ��r°..._____ ---- --� CONT TRf+CTOR' & ,4DCRQQ-g DEPARTMENT SIGN -OFF$ CREPT, OF PUBLIC WORKS - WATER- � � _aEbffik �:_A) GAS ''% 4 $ Lr! 7�. i r t<pt a ra�t.h 1•tdTL•-"� j�,p4p°4 t �.t� //f ° °: i.FCTMc. _� _—_--.��--------- -- _.. ----• FRE BLDG. INSPECTOR lYJ! L31 LCICJ4 LCI: a4 (>31rJ'�1 _r74b Service Slip 18111 to: 1. 1 .:r0E3f•='F'H TERP( rE v.►�;?�;.1F?I�f ;'�fi•d 311 +. >.1� 1 NW t -t5 1 UUN I KUL Service to: r—Hur— rr_ `6"' BEST GUN I HUL ING. 29 Edgehill Rd. WALTHAM, MA 02451 (781) 891-5313 Fax (781) 891-5946 113'7. 'ii IaNrJ["j :P INA 1) 2) 3) PE',1F7% 6..:7 4) !KHATS TO BE BIL -ET). HPp� . f--K-COt_il\iT WJ 1-1-1 US - 5) rrr:7i( I IVVr:? r-[. DVF. �F f �:.'r j ...t:•;1 #. 1. 6) 7) 8) 9) 10) Areas Ins ected / Monitored / Treated: Areas in need of cleaningirepairing: Invoice # Dille Tl— Map Service Tyne .p DiaColmt Warranty PANod ' Amour Paid O Cash O Bill O Check # + O VISA 0 MC Exp. Date Card # _ OCfitiOn of Bait StstationsCI �TYQTY Company Rep tative lioense # Time in _attic _shad _beeement _ kitchen oink parayn iQ 1 Yl f?✓` Customer/Customers Representative Time Out _boiler rm _Crawl aimn.rnaCan mrrwns -- — AFfrIP_F rnov Method Metflod of Appficatic A Crack & Crevice 8 Spot C Surface D Vold E Space Soli Treotment rGfiW Stations OCT -21-2004 THU 03:36PM ID: PAGE:2 Authorization # Chemicals EPAIti Act. Ing. % °Yg°" ,Qty ' Mefhod Chemicals ' EPA# Act. Ing, %DUAL F CHOICE ANT 9ARST/t1TONs 446-469 NEnryrPyAlnc,cnpa„e,unonamecsap MAXFORCE 432.1?St Hytlmmaeytnon 2.00 Ras& Ewl e�tnrktl AVIPF 11949-7 4-Arh+oon dhre .s PI. 496-441 Pyrellidne .s RpnmrA &47" Tedt"I4.0 9OR41CARE 04405.1 PM CONTROL 4 ms 3.00 PIOBr01M BulJdDlptibmOn+Ce FOGGER 496 gg5 &� 50 11 ULD 13P-300 996450 18.00 0.00 SAGA WP 432-755 sUPERSIIE CON*1w 17i1$ 2 B^ 0"s �`q SnNQRm 44,11,1-M Teftmnthdn .10 Pa+me Ante ORfoNE 992962 Pyr40rri1a 7.00 Burodde 1Edmies110.00 WEATHER BLOdt mmw III 1001056 $ft G6140.M XT Bro9lMceum .005 DITRAC TRACKt4O POWDER 58 Ohfiec,Ngrre 02 TEMPO I% OUST 1 iM455 312&56q Cyfl Ahdn 1.0 DRAX ANTKL OEL 9444-131 OrtlaD°de Add S,0 TEMPO ULTRA WP 3115.390 DRAX KUPF 9444.135 Ore,aborle Acte 5.0 TERMIOOR SC 7964210 INTRUDERHPx 9444-193 v�P�.0i06 Mom"M�t100 PHAfviOM 241342Pprk MAXPORCE p4wh Bail Gal 64248.5 Hyday to lown 2.15 RECRUIT 111 92719.463 NavWkm Bron .05 MAXFORCE 3rerli v Invractgee 84&8�R HvdnnaryYgn 1.0 RECRUIT 111 AG EMM54 NoviFiurrn,ron .O5 FICAM 0 45936.3 500damrb 1.0 TALMR ONE 2793206 OCfitiOn of Bait StstationsCI �TYQTY Company Rep tative lioense # Time in _attic _shad _beeement _ kitchen oink parayn iQ 1 Yl f?✓` Customer/Customers Representative Time Out _boiler rm _Crawl aimn.rnaCan mrrwns -- — AFfrIP_F rnov Method Metflod of Appficatic A Crack & Crevice 8 Spot C Surface D Vold E Space Soli Treotment rGfiW Stations OCT -21-2004 THU 03:36PM ID: PAGE:2 NYSYRFAX01 1012012004 5:38 PAGE 002/002 Fax Server October 20. 2004 James-NToraan Realty Trust One, LLC 2324 Turnpike St North Andover, AIA 01845 RE: 1 05 04409-53835-01 2324 Turnpike. St North Andover, RIA 0.1845 Dear Customer: This letter is to confiml that there is currently, no service at this address and there are no outstanding balances due in the narne of .Tames -Morgan Realty Trust One, LLC. We appreciate the opporhmity to serve you. If you have any questions., please call Customer Service at 1-800-322-3223, available Monday -Saturday, 7:00am-9.00pm. Sincerely.. Ma achusetts Electric Com ny C ,tomer Service MLICv 10!:.0iO4 9:1 NYSYRFAX01 10/20/2004 9:38 PAGE 001/002 Fax Server Niagara Mohawk P% Notiowl'Arid Cr'mpaM Fa s T r ] e NIAGARA MOHAWK POWER CORPORATION1300 ERIE BOULEVARD NEST, SYRACUSE, NY 13202/ PHONE (315) 474.1511 TO: Jim Morgan From: Voice: Fax #: 19786865227 Direct Fax #: i Date: Wednesday, October 20, 2004 9:35:06 AM Pages: 02 (including cover sheet) General Fax #: Notes: Callback requested to confirm facsimile transmission?: No A service of Information Technology. Heimlich Landscaping and Construction Corporation 65 Burlington Street Woburn, MA 01801 Project: `Lil Professionals - Andover, MA Dig Safe #2004-430-4102 October 22, 2004 @ 2pm Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. VQ &A. Instructions 1. All sections of this form must be completed in order to comply with the Department of Environmental Protection notification requirements of 310 CMR 7.09 Massachusetts Department of Environmental Protection Bureau of Waste Prevention . Air Quality 100007489 — BWP AQ OC Decal Number Notification Prior to Construction or Demolition Affix Notification Decal Here A. Appllcanany A Construction or Demolition operation of an industrial, commercial, or institutional building, or residential bull �� nt of Environmental Protection (DEP), Burea Vallda l nlzcessproi runlnllrig y' 10 CMR 7.09. Notification of Construction o' ° � � � �� . mak 7' .7 .. >„ ,. .: (2) ten (10) days prior to any work being performed. The following information is required pursuant to 310 CMR 7.09. im. ueneral vroject Description a. Is this facility fee exempt - city, town, district, municipal housing authority, owner -occupied residence of four units or less? Fv Yes ❑ No _ b. Provide blanket decal number if applicable:^� Blanket Decal Number 2. Facility Information: JAMES -MORGAN REALTY TRUST ONE, LLC ----j a. Name — --_7 TURNPIKE STREET b. Address North Andover C. Cit frown (978) 686-5215 f. Tele hone Number area code and extension 2,900 h. Size of Facility in Square Feet 01845 d. State e�Zp Code ._ richards@littleprofessionals.com (� E-mail Address (optional) i. Number of Floors j. Was the facility built prior to 1980? ❑✓ Yes [ No k. Describe the current or prior use of the facility: (SINGLE FAMILY RESIDENCE &GARAGE I. Is the facility a residential facility? 21 Yes No m. If yes, how many units? 1 Number of Units Massachusetts Department of Environmental Protection Bureau of Waste Prevention - Air Quality 100007489 _ - r Decal Number �BWP AQ 06 ----------------------------------- Notification Prior to Construction or Demolition Affix Notification Decal Here -------------------------------- Important: A. Applicability When filling out pP y forms on the computer, use only the tab key A Construction or Demolition operation of an Industrial commercial or institutional building, or to move your residential buil hr nt of Environmental Protection cursor - do not E s use the return (DEP), Burea ��cil C 1®1 �I+ ,Oe- isI llil�litt�x: 10 CMR 7.09: Notification of ..:., 6. .M;.� ..: ..:; .,. 2 ten 10 days prior to an key. Construction n O O Y P Y work being performed. The following information is required pursuant to 310 CMR 7.09. �a (( B. General Project Description 1. a. Is this facility fee exempt - city, town, district, municipal housing authority, owner -occupied Instructions residence of four units or less? ❑✓ Yes ❑ No _ 1. All sections of b. Provide blanket decal number if applicable: Blanket Decal Number this form must be completed in order 2 Facility Information: to comply with the -- Department of JAMES -MORGAN REALTY TRUST ONE, LLC Environmental Protection a. Name notification 12324 TURNPIKE STREET requirements of b. Address . 310 CMR 7.09 North Andover MA 7 01845 c CitvITown d. State e. Zip Code .—� (978) 686-5215 1 ljrichards@littleprofessionals.com f. Tele hone Number area code and extension . E-mail Address (optional) 2,900 2 h. Size of Facility in Square Feet i. Number of Floors j. Was the facility: built prior to 1980? ❑✓ Yes ❑ No k. Describe the current or prior use of the facility: SINGLE FAMILY RESIDENCE & GARAGE I. Is the facility a residential facility? 0 Yes ❑ No �o m. If yes, how many units? Number of Units — 0 3. Facility Owner: N JAMES -MORGAN REALTY TRUST ONE, LLC �o a. Name _71 0 17 LACONIA CIRCLE _ _ b. Address NORTH ANDOVER MA --� 01845 �(0 c. Ci /Town d. State e. ZIQ_Code o (978) 686-5215 1 ljrichards@littleprofessionals.com f. Teleohone Number area code and extension . E-mail Address (optional O JIM RICHARDS, MANAGING MEMBER Q h. Onsite Manager Name -- — ag06.doc - 10/02 BWP AQ 06 - Page 1 of 3 Massachusetts Department of Environmental Protection r Bureau of Waste Prevention • Air Quality ! BWP AQ 06 Notification Prior to Construction or Demolition General Statement: If B. General Project Description cont. asbestos is found during a 4 Construction or Demolition operation, all responsible parties must comply with 310 CMR 7.00, 7.09, 7.15, and Chapter 21E of the General Laws of the Commonwealth. This would include, but would not be limited to, filing an asbestos removal notification with the Department and/or a notice of release/threat of C. General Construction or Demolition Description release of a hazardous substance to the 1. Construction or demolition contractor: Department, if �— applicable. 1HEIMLICH LANDSCAPING AND CONSTRUCTION CORP a. Name _ 65 BURLINGTON ST v 100007489 Decal Number General Contractor: FERD CONSTRUCTION, INC. a. Name 4 CLINTON DRIVE b. Address HOLLIS �NH 03049 —� 882-5471 REED Name liack0ferdconstruction.com I IWOBURN c. Cit /Town 1(7811938-8988 MA d. State e. Zio Code ress 2. On -Site Supervisor: MARK HEIMLICH un-Sne supervisor Name 3. Is the entire facility to be demolished? 4. Describe the area(s) to be demolished: 0 Yes ❑ No SINGLE FAMILY RESIDENCE & GARAGE 5. If this is a construction project, describe the building(s) or addition(s) to be constructed: 12,000 CHILD CARE FACILITY & ADMINISTRATIVE OFFICE ag06.doc • 10102 BWP AQ 06 - Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Waste Prevention • Air Quality BWP AQ 06 Notification Prior to Construction or Demolition 1.100007489 Decal Number C. General Construction or Demolition Description (cont.) 6. a. If this is a demolition project, were the structure(s) surveyed for the presence of asbestos containing material (ACM)? ❑ Yes ❑✓ No If yes, who conducted the survey? b. Survevor Name c. Division of Occupational Safety Certification Number 7. Construction or Demolition: a. Start Date (mmlddlyyyy) b. End Date (mm/ddlyyyy) 8. a. For demolition and construction projects, indicate dust suppression techniques to be used: ❑ seeding ❑paving ❑✓ wetting ❑ shrouding b. If other, please specify: ❑ covering ❑ other 9. For Emergency Demolition Operations, who is the DEP official who evaluated the emergency? a. Name of DEP Official T— v� b. Title d. D. Certification I certify that I have examined the above and that to the best of my knowledge it is true and complete. The signature below subjects the signer to the general statutes regarding a false and misleading statement(s). JAMES K. RICHARDS a. Print Name' (MANAGING MEMBER JA[ MES -MORGAN REALTY TRUST ONE, LLC e. ag06.doc - 10/02 BWP AQ 06 - Page 3 of 3 `1 My homepage Page 1 of 1 ��-m��s,�ovhottip • e�� �$r mass p ri clop,Npt, . 0,00444"r, N am, sn'T''d * slate. Map my profile My User Name: JKRICHARDS1 Nickname: staff MY Homepage JKRICHARDS homepage Transaction .IID Document Status D. ate current 12991 100007489 BWP - SUBMITTED 08/02/2004 submittal Demolition Form onl.......... dep home • calendar • new additions • se._.arch. • site.._ma.p • privacypol.c...y data contact eDEP converter_too! instructions contacts feedback s.u...rveY exit eDEP ......__. .............._............ Version 3.3.5.0 S� https://edep.dep.mass.gov/restricted/webpages/MyHomepage.aspx 10/12/2004 i BOARDOF BUILDING ktidNg ppeOge: -,ONSTRU.C-TION--SUP,E,,�R",VISOk 14.4m 031268 4 Tr. rTo: 041.0 RLC AVE 01 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 9* 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: (L c tion of Facility) Signature of Permit Applicant ate NOTE: Demolition permit from the Town of North Andover must be obtained for this project through the Office of the Building Inspector N The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations Boston, Mass. 02111 Workers' Compensation Insurance Affidavit Name Please Print e C_ • 6&5 -3SS- 3 I am a homeowner Derfor 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 employees working on this job. City: ),k--YL'�y� hone* Inc::rann_a ('.n � V"1 *CY?_i C_/_�: -t Wil. t_'il 2 `�) 'i A i —7 Company name: Address City: Phone # Insurance Co. Polley # Failure to secure coverage as required under Section 25A or MGL 152 can lead to the imposition of criminal penalties of,a fine up to $1,500.00 and/or one years' imprisonment -as _well.as-civil .Penalties in the lam d -a STOP WORtf_ORDER..and..a fine .af.(.$1DO.00) a-day.against.me. 1 understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. I do hereby certify was r the pains and penalties of perjury that the information Print above is true and correct. Official use only do not write in this area to be completed by city or town official' •2o l2 . b City or Town Permit/Licensin � []Check Dept if immediate response is required Licensing Board Selectman's Office Contact person. Phone #. Health Department Other Iy Town of North Andover F NoRTN Building Department q ��teo 6� 16� o 27 Charles Street O`•MIti•.w •• "1 North Andover MA 01845 Tel: 978-688-9545 Fax: 978-688-9542 h T �O LAKI �d k COCMIc"IWK11 DEMOLITION OF BUILDING AFFIDAVIT �,9 °R,qrED PP�`,�(`� SSACHUS� DATE /n ZQ- Zco4 LOCATION OF PROPERTY TO DEMOLISH �r4 pine-� DESCRIPTION �iNcle- i -4JCt, t' r0,rac�e- CONTRACTOR'S NAME & ADDRESS DEPARTMENT SIGN -OFFS A(1* DEPT. OF PUBLIC WORKS - WATER: %� k/1� SE DUMPSTER - O /OFF TREET E DATE REC'D _ -- - --' " OCT 2 2 2004 BUILDING DEPT. Z_ - Town of North Andover Building Department 27 Charles Street North Andover, Massachusetts 01845 (978) 688-9545 Fax (978) 688-9542 Building Demolition Affidavit DATE ¢ NORTH O St4 D O L it T O �OCMIL � Kr 1. T �DA4TtD �,. ne.S 40 r5C")(�ta I1`1��/'d S r 0,.,, C-, v --�i PROPERTY LOCATION ri;) q ! ✓r v /1 j k c- �T . ), 41V IV, DESCRIPTION CONTRACTORS NAME & ADDRESS . DEPARTMENT SIGN -OFFS D.P.W./ WATER SEWER ELECTRIC TELEPHONE POLICE EXTERMINATOR DUMPSTER- ON/ OFF STREET DIG SAFE NUMBER BLDG. INSPECTOR DATE RECD Tax Map No : . 210-108.A-0008-0000.0 Property Location :2324 TURNPIKE STREET Deed/Legal: Land Area: 1.61 Acres Preliminary Tax Description Tax: $ 2,142.77 Cpa : $ 46.61 Total: $ 2389:38 Interest at the rate of 14% per annum will accrue on overdue payments from the due date until payment is made. TOWN OF NORTH ANDOVER P.O. BOX 124 NORTH ANDOVER, MA 01845 M -F 8:30 - 4:30 TAX 688-9550/ASSR 688-9566 Tax Map No: 210-108.A-0008-0000.0 Location : 2324 TURNPIKE STREET Deed/Legal: Book 5240 Page 40 Land Area : 1.61 Acres FISCAL YEAR 2005 REAL ESTATE TAX Preliminary Tax: $ 2,189.38 1st Installment : . $ 1,094.70 Payment due by August 02, 2004 2nd Installment: $ 1,094.68 Payment due by November 01, 2004 Tax Paid: $ - Interest as of $ 33.17 October 20, 2004 Amount Now Due: $ 2,222.55 FISCAL YEAR 2005 REAL ESTATE TAX BILL OFFICE OF THE COLLECTOR OF TAXES THE COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER 18957 IIIIII IIID ILII VIII (IIII VIII VIII "III Ilill IIII PrellminaryTax Unpaid Message 1 st Installment ' $1,094.70 The office of the Tax Collector is located at 120 Main Street 2nd Installment $1,094.68 $0.00 $0.00 2ND PAYMENT RECEIPT VOUCHER JAMES -MORGAN REALTY TRUST ONE, LLC 7 ]LACONIA CIRPayment due by November 01, 2004 NORTH ANDOVER, MA 01845 OCT 2 2 2004 Amount Now Due: $ Your PreliminaryTax for the Fiscal Year 2005beginning July 01, 2004and ending June d c'.c r•.:'.,i ;�}>:. ..,�:.'i'l�.jf!�'? 30, 2005 on the Real Estate tax described ism follows: of 041683307820050000000000000011895702000000000000022,2255006 CF ap 0 fl °o Cd � LU z CL c is o 0 k ca c+ o c, c3 .o,=c o„ Co Cc m c r o • NA FII!+ w o c C I � o ro cm mi m c E cr.�m O A CO.= = C co y O C o Em � 73 QS m N m Cc) c,~a o .4coo cm mo =Z o A Wim= y CD m W C LU E2 a m*o3 _ O y S co z sa�m zo L OD a Q ymm W � a C a CD W oo� W W W m CL 19 W CDcaN C CDcc ;n 1 A c tl W A O d ' w N I at0000� U o a A W o o ° � LU z CL c is o 0 k ca c+ o c, c3 .o,=c o„ Co Cc m c r o • NA FII!+ w o c C I � o ro cm mi m c E cr.�m O A CO.= = C co y O C o Em � 73 QS m N m Cc) c,~a o .4coo cm mo =Z o A Wim= y CD m W C LU E2 a m*o3 _ O y S co z sa�m zo L OD a Q ymm W � Q C CO)' CD W CD W W W m CL 19 W CDcaN C CDcc ;n 1 � tl O d ' H N I See Section 8.3 of the North Andover Zoning Bylaw for more detailed information 'NC)� -ULjV_ L"y YE BRA05No'+e'/ TGr/,N CLERK � Q171 H .7 P 7n,,rr-> [OUG3 jjL 21 P 2: ;2 Town of North Andover Planning Board Application for Site Plan Special Permit Please type or print clearly: 1. Petitioner: Little Professionals. Inc.. c/o James K.Richards. CPA Address: 7 Laconia Circle, North Andover, MA 01845 Telephone Number: 978-686-5215 2. Owners of the Land: Anthony F. Pacillo III & Stephanie M. Dean glg is Address: 2324 Turnpike Street, North Andover, MA 01845 Telephone Number: 978-762-3104, 617-699-5625 Number of years ownership: 4 If applicant is not the owner, please state interest in property: Applicant has the property under purchase agreement and intends to redevelop the pro e�rty. 3. Request for a Special Permit under Section 9. -3 of the North Andover Zoning Bylaw to Redevelop the property from an existing contractor's garage and yard and residence to a daycare facility, including new building, utilities, landscaping, and parking. 4. Location of Property: 2324 Turn ike Street Zoning District: Industrial (I-1) Assessors: Map: 108A Lot # 8 Registry of Deeds: Book #: 5240 Page #0040 (per town record) 5. Existing Lot: Lot Area (Sq. Ft): 66,304+/ - Street Frontage: 670+/ - Front Setback: 38+/ - Floor Area Ratio: 5%+/ - 4- ekjk,- owjj- seeam et oW.&J 09/D#^—k Building Height: 25'+/ - Side Setbacks: 82'+/ - Rear Setback: n/a Lot Coverage: 4%+/- 6. Proposed Lot (if applicable): Lot Area (Sq.Ft.): 66,304+/-_ Building Height: 31'(41'to cupula) Street Frontage: 670+/- Side Setback: 77' Front Setback: 50(RT114). 25(SPrd) Rear Setback: n/a Floor Area Ratio: 0.18:1+/- Lot Coverage: 15%+/- 7. Required Lot (as required by Zoning Bylaw); *=variance granted (enclosed Lot Area (Sq.Ft.): 80,000 (via BOA SP) Building Height: 55 Street Frontage: 150 Side Setback: 50 Front Setback: 100(rtl 14)*50(SPrd)* Rear Setback: n/a Floor Area Ratio: 0.50: 1 Lot Coverage: 35% 8. Existing Building (if applicable): Ground Floor (Sq.Ft.) 2558+/- # of Floors 2 Total Sq. Ft.; 3500+/- Height: 25'25'+/ Use: contractor's garage & house Type of Construction: wood/steel 9. Proposed Building: Ground Floor (Sq.Ft.) 9,600 # of Floors 2 Total Sq. Ft.; 12,100 Height: 31'(41'to cupula) Use: daycare Type of Construction: wood/steel 10. Has there been a previous application for a Special Permit from the Planning Board on these premises? (unknown) . If so, when and for what type of construction? (not known) 11. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incomplete. Petitioner's Signature: Print or type name here: S RE Owner's Signature: ��e'ti Sl(+ft A%13 to21'tm aA /q`/tcm 1 Print or type name here: Aw-r)k V JY f - ?Ar -%t -o = t $jL"P AJC M• AEW&e, .1S PROJECT REVEEW FEES Preliminary plan, modification of a Preliminary Plan, Modification of a Definitive Plan, or Modification of a Special Permit shall require the following initial Project Review Fee: Project Size Fee 2-15 lots/units $2,000 16-20 lots/units $3,000 21-25 lots/units $4,250 More than 25 lots/units $5,000 Definitive Plan shall require the following initial Project Review Fee: (n/a) Project Size Fee 2-15 lots/units $4,000 16-20 lots/units $6,000 21-25 lots/units $10,000 More than 25 lots/units $12,000 Special Permit shall require the following initial Project Review Fees: Project Size Fee Less than 10,000 square feet $2,000 10,000-30,000 square feet $3,000 30,000-50,000 square feet More than 50,000 square feet $4,000 $5,000 Depending on the complexity of issues presented, additional fees may be required 5 07/21/20103 09:21 978-686-5227 November 14, 2002 Re: 2324 Turnpike Street, North Andover, MA O1845 To Whom It May Concern: LITTLE PROFESSIONALS "a 1 PAGE 02 Anthony F. Pacillo. 11l .Stephanie M. De Angelis-flacilly 2321 Turnpike.ltrcet North Andover, MA 01843 This letter should serve as permission for James K. Richards, Little Professionals, [tic., their assigns and agents to perform tests, apply for permits and any other related activity on the property referenced above for the purpose of obtaining permits and financing. If you need any additional information, please do not hesitate to contact us. is Sincerely, i Alony F. PaciI o, II1--- xG r` Step ie M. De Angelis-Pacillo Town of North Andover Planning Board Application Check List for Site Plan Review 1. Three (3) COPIES OF THE APPLICATION time stamped by the Town Clerk. (ENCLOSED) 2. Ten (10) copies of the plan. Plan at a scale of 1" = 40' and prepared by a certified architect, landscape architect or engineer registered in the Commonwealth of Massachusetts. See appropriate section of the North Andover Zoning Bylaw for more detailed information. (ENCLOSED) 3. Filing Fee ($300 plus 5 cents per sq. ft. gross floor area) and Project Review Fee (based on sq. ft). Filing Fee=($300)+(12,100 x 0.05)=$905; PR Fee=$3,000 4. List of Parties of Interest (abutters) certified by the Assessors Office. (ENCLOSED) 5. Written documentation - legibly written or typed memorandum setting forth in detail all the facts relied upon for submittal of the application. (ENCLOSED) 6. The following information must be either shown on the plan or described as part of the written documentation. a) North Arrow/Location Map b) Survey of the Lot/Parcel C) Name/Description of Project v d) Easements/Legal Conditions e) Topography f) Zoning Information g) Storm water Drainage Plan h) Building(s) Location i) Building Elevation j) Location of Parking/Walkways V k) Location of Wetland V i) Location of Walls/Signs M) Location of Roadways n) Outdoor Storage/ Display Area 0) Landscaping Plan P) Refuse Areas q) Lighting Facilities I') Drainage Basin Study S) Traffic Impact Study d t) Commonwealth Review U) Utilities V) Fiscal Impact w) Community Impact N/ 7. The applicant will send the legal notice to the newspaper. The Planning Office will notify the abutters. 1/ 5 Special Permit Application — Supporting Information Little Professionals, Inc. Map 108A Parcel 8, 2324 Turnpike Street (Route 114) Litfle INmfessionds, Inc. Children's Centers Little Professionals, Inc. - Special Permit Application eU6ft*% WML%b.. Page 2 of 12 cmd_"C" The following is a description of the existing property, the proposed project, and the specific requirements to be met for issuance of the Special Permit by the Planning Board: Existing Property The existing site is located in the Industrial -1 (I-1) District at the comer of Sharpners Pond Road and Route 114 near the North Andover / Middleton Town Line (see locus plan). The existing lot is approximately 1.5 acres in size. The site is currently used as a contractor's garage and yard, with an existing residential house. No wetland resources exist at the site (attached are related documentation). Refer to the Existing Conditions Plan and the Drainage Study for a more -detailed description of the site. Proiect Description This application presents the Little Professionals, Inc. Children's Center Project, which is a day care. The existing site uses will be completely razed, including the existing house, contractor's garage and yard, and numerous piles of gravels. The site will be completely redeveloped in appropriate fashion on a colonial theme. The project will include a new 12,100 -SF building and related site improvements and landscaping, and will be served by replacement on-site septic and well systems. A comprehensive variance and Special Permit package were approved by the Board of Appeals, which allowed an attractive, dramatic, but efficient site layout. This included front building setback reductions to bring the true colonial style building and lush landscaping within the 100 -foot Industrial setbacks, and place the parking and other activities, protected and screened and offset from the main intersection, to the rear of the site. The site planning recognizes the "gateway" nature of the project, as it is a prominent visual fixture when traveling over the Town Line, and is proximate to the existing "Welcome to North Andover" monument sign. The design and layout of the building and site is specifically intended to set a true colonial tone in the tradition of North Andover's culture. For a complete description of the project details, please refer to the attached plans. Little Professionals, Inc. - Special Permit Application MU1.Fer.wW..b.bb. Page 3 of 12 CW&-,.C— g NAZB Section 8.3 (6) Site Plan Review — Review Criteria / Design Guidelines i) General a. Conformance with appropriate Zoning Bylaws: The proposed use is allowed by Special Permit in the I-1 District, and conforms to the applicable dimensional criteria (by virtue of the BOA's Special Permit for use, Special Permit for nonconforming lot, and Variances for front building setbacks). The Site Plan includes notes specific to all known zoning requirements and also includes notes specific to the BOA's decision conditions, which are all met on the Plan. b. Protection of abutting properties from detrimental site characteristics: No detrimental site characteristics are proposed (see discussions below). The project includes substantial landscaping along both roads as a beautification project intended for the Town's enjoyment. This includes improving the extensive expanse of existing gravel areas within the Sharpners Pond Road Right of Way with grass and street trees. The abutting properties immediately adjacent to the site are nonresidential in nature and will be buffered via the combination of proposed and existing vegetation. The properties across the streets are relatively undeveloped or wooded, or have approved developments on them which are compatible (e.g., the 40-B project). A key planning element for the project is provision of safe and secure outdoor play areas. These are located well off the roads, and are protected from possible wayward vehicles by a layered intercept system of existing large street trees, proposed street trees, guardrail along the entire frontage, a raised berm, large boulders, and the play yard fencing. This was coordinated with the Town during the BOA approval process. ii) Environmental a. Protection of unique or important natural, historic or scenic features. All of the proposed work is located within existing pre -disturbed areas. No unique or important natural, historic, or scenic features are known to exist on the site. H Little Professionals, Inc. - Special Permit Application uak ftofiswemb.In& Page 4 of 12 a+aa•. cam, 9N& b. Refuse disposal The proposed site design includes a small dumpster pad with wood stockade enclosure/gate system and supplementary perimeter landscaping, located to the rear of the site. Sewer and water utilities The project includes removal and replacement of the existing well and septic systems on site, all per applicable Town and State requirements. The septic design will accommodate the required flows, as well as any future office or dry retail flows if the site were ever changed in use. The designs accommodate the required minimum protective well setbacks within and adjacent to the site. Refer to the Plans for design calculations and details. A cistern and related mechanical/electrical equipment are also specified on the site to serve the building's fire sprinkler needs--- all per applicable codes and per the NAFD direction. Although municipal water and sewer are not feasibly available to the site at this time, the plans include notes to possibly accommodate connections to municipal water if it is available—these items were previously coordinated with the Town during the BOA approval process. d. Drainage design Refer to the Drainage Study, Grading & Drainage Plan, and Details. The design specifically isolates and maintains the existing municipal drainage and culvert system along Sharpners Pond Road—no new connections from the site are proposed into this system. The project does include additional new drainage of the wide ROW expanse of Sharpners Pond Road, which will more efficiently drain this large area and allow appropriate lawn and street tree improvements with the proposed drives. The site drainage will include a combination of roof drainage--- hard piping with roof gutters in the rear areas where parking and sidewalks will be frequently used (to improve safety), and overland absorption in the front landscape areas with no roof gutters (to improve aesthetics and groundwater recharge and shrub irrigation). I Little Professionals, Inc. - Special Permit Application uekv»M..w.I&bw. Page 5 of 12 cw*_' `� The proposed project replaces an extensive amount of existing hard pack gravel (and the associated TSS generated from that exposed gravel) with a lot of greenery, and all the new pavement will benefit from BMP's incorporated into the design. The proposed underground detention system services the newly paved area and allows for equalization of pre- and post -development peak flows as required. This system was designed to be tight and not a recharge system, due to the generally tight soils in this area, and the location of the several protective well radii over the site. The general existing drainage flow patterns will be retained. Emergency overflow discharges are designed to the existing site drainage discharge areas. Refer to the Drainage Study for additional detail. e. Landscape designSzr. /ts'Wf a 5A eF l i i"� Refer to the Landscape Plan, which includes a dense planting plan for the entire site. This project includes landscaping the existing Sharpners Pond Road ROW, a very wide strip. The site design has also particularly saved all the existing large street trees along the Route 114 ROW. This certainly is a beautification project, and will enhance the southern entrance to North Andover in a proud and appropriate fashion. The entire front yard areas of this corner site will be lushly landscaped, and include appropriate hardscape balancing elements, including perimeter offset walkways. These walkways are generally only aesthetic in nature and will not be used for daycare operations, which is reserved to the rear of the building. Other hardscape elements will include picket fencing and an American Flag and pole. f. Erosion control design The erosion control systems design is described in detail in the Drainage Study, and includes the plans and details. All proposed grades will be appropriately stabilized both during and after construction. A system of silt fencing will be placed along the full perimeter of the work zone to provide both erosion control and protection of the offsite areas. g. Lighting design The site lighting was specifically designed for the project, and includes photometric data in the plan details. Note that relatively small poles and to Little Professionals, Inc. - Special Permit Application eaerresswo.IS.bs. Page 6 of 12 04&_' `� fixtures are specified along the parking and access areas, which are all located to the rear of the site. Refer to the Plan for additional detailing. h. Noise/Dust/SmokeNibration The proposed use will not produce any excessive long-term noise, dust, smoke, or vibration pollution. Some noise could come from the little ones happily playing during their scheduled playtime, although this is certainly expected is certainly not excessive or offensive. iii) Building Design a. Location / Setbacks to parking & landscaping, access The site plan shows the proposed building setbacks, which are all greater than the minimum required and/or have been approved specifically by the BOA. The building geometry is designed to parallel the existing street corner with appropriate wall jogs, which will also allow for enhanced landscaping and curved walks. This allows for efficient use of the remaining property for setting the access and parking pavement to the rear of the site. The design is intended to screen pavement and lead the eye along a colonial building and landscaping and flagpole to the "Welcome to North Andover" sign. Not often does an opportunity come about that allows a viable facility to be planned with such appeal, and it is only possible with quality coordination with the Town, and was recognized as such through the recent BOA process. b. Harmony / Style The architecture style is in harmony with the overall culture perceived to be "North Andover"—and that is top-quality colonial design. The colonial style is true to form, and is accentuated by the elimination of all pavements from the site front yards and instead presented and framed with extensive landscaping. (2 Little Professionals, Inc. - Special Permit Application wer.M. Page 7 of 12 °i'_'.C`""' 0 C. Screening The dumpsters will be appropriately screened with stockade enclosures and landscaping. No major rooftop equipment is proposed at this time, which eliminates significant visual impacts. No loading docks or additional utility buildings are proposed. The proposed street -oriented landscaping will tend to soften the overall view of the site. d. Utilities All utilities will be placed underground as shown on the plan. Scale / Massing / Detailing compatibility The colonial theme of the building is not merely a design afterthought on top of a poorly -conceived shell, but truly planned with jogs and dormers that appear very comfortable. These jogs and dormers are all fully functional to the internal operations of the facility, and thus are not "clutter" or forced, or fake. That is why the building scale feels right, and the overall proportions and massing of the wall jogs, rooflines, second level, and window/door openings are appropriate to the colonial period and attractive presentation to the corner roadways. The detailing of the structure is tastefully embellished to include a pleasant (or even happy) theme conducive to the daycare use. The cupola in the traditional schoolhouse form is appropriate and maintains its colonial basis. The arched center windows provide a visual and operational anchor to the building entrance, and these forms are repeated in the end gable trim in a pleasant rainbow effect that again blends appropriate colonialism with a taste of youthful optimism. iv) Traffic / Parking a. Minimize curb -cuts All existing curbcuts along Route 114 and Sharpners Pond Road will be removed. One new curbcut at the back of the site at Sharpners Pond Road will service as the main site entrance, which allows for greater safety and 13 Little Professionals, Inc. - Special Permit Application Page 8 of 12 capacity at the main intersection. One additional curbcut will be reserved for larger buses only, and has been carefully planned for efficient and safe operations. This design was coordinated closely with the Town during the BOA process. b. Access Links as Appropriate No cross links with other sites are proposed or appropriate for this site, due to safety and security issues, eliminate mixing of commercial traffic with daycare operations, as well as to discourage cutover/crossover traffic on this corner lot. A turnaround area is provided to meet emergency vehicle circulation and has been coordinated previously with the Town. C. Driveways – Opposite There are no existing or proposed driveways opposite the site that could benefit from an opposing alignment for this project. The project does include, however, widening of Sharpners Pond Road for dedicated right and left turn lanes. d. Joint Access Drives It is not feasible to provide joint access from this site to abutting areas— refer to paragraph (b) above for discussion. e. Circulation / Safety Access and egress for the site is excellent, and includes safe sight distance and pavement geometry. Ample maneuvering room is provided around the entire building perimeter (see detail plans). The design has been reviewed with the Fire and Police Departments in terms of emergency access and life safety (refer to discussions above). Little Professionals, Inc. - Special Permit Application DukPM6..b.rs En Page 9of12 cmh_'.C� Specific SPGA Findings To Be Met for Site Plan Applications): Note that these findings were acknowledged by the ZBA in their recent Special Permit Approval. a. The specific site is an appropriate location for such a use. This site is located at the corner of Route 114 and Sharpners Pond Road. The proposed use is allowed by Special Permit in the I-1 Zoning District. This site is unique and special in that it provides needed daycare services at the southern portion of town along this commuter corridor. The Little Professionals Inc. facility is specifically designed to provide a range of childcare services to meet the diverse needs of the community. The existing site is well suited for the use in terms of flat topography, location, suitability of on-site utilities, and best use of this triangular parcel at the gateway to town. b. The use as developed will not adversely affect the neighborhood. The I-1 District potentially allows an extensive heavy industrial use, which could potentially include heavy trucking, manufacturing, large imposing unattractive buildings, and masses of pavement. However, this proposed project is much different from that, and is instead a smaller -scale and less -intrusive proposal. The proposed site will be properly and responsibly developed. The proposed building architecture includes appropriate use of materials, including an attractive colonial theme with walls jogged to parallel the street frontage, and a lushly landscaped front corner area which will bring the overall site massing into proper prospective. The operational areas are all placed to the rear of the building, including access and parking. C. There will be no nuisance or serious hazard to vehicles or pedestrians. The site drives are responsibly planned off Sharpners Pond Road, which will be beautified with extensive greenery and street trees. Emergency access has been planned with the NAFD and NAPD. The site includes full sidewalks around the building and serving all parking and drop-off areas. d. Adequate/Appropriate facilities are provided for the proper operation of the proposed use. Refer to the Site Plan, including notes, which identify the required facilities, including parking, loading, utilities, etc. Storm water facilities are designed to meet the Town and State requirements. A fully designed replacement septic is Little Professionals, Inc. - Special Permit Application Paae 10 of 12 system is included, including planned reserve areas, which will not interfere with other site elements. A new well and cistern system will service the facility. e. The use is in harmony with the general purpose and intent of this Bylaw. The proposed use meets the purpose and intent of the Bylaw, and will enhance the surrounding uses. The proposed site and building plans meet the development criteria, and the zoning could allow for a much more intensive industrial use than that is proposed. In summary, the proposed project is appropriately planned and will be a needed and attractive addition to the Town of North Andover community. -- The proposed daycare use is the most appropriate use of this property, due to the site size, location, and buildable geometry. -- There is an especially healthy demand for high-quality daycare services in North Andover, particularly along this commuter corridor. -- The proposed project will not result in the overcrowding of the land, given the existing redevelopment of the existing lot use. -- The site can satisfy the number of parking spaces required by the NAZB, even for possible conversion to other office or retail use in the future, and will not negatively impact traffic congestion on or about the site. -- The design intent and layout is to compliment the gateway nature of this site relative to traffic arriving in North Andover along the Route 114 corridor. -- The project incorporates the feedback concerns of the NAFD in respect to life safety systems, sprinklers, emergency access and egress. -- The proposed utilities will not place a burden on the Town's infrastructure. -- The project will include landscape beautification of the entire existing site as well as the wide Sharpners Pond Road ROW. -- The project does not include residential use that would increase public school enrollments, and will not generate a burden to any Town services. It. Little Professionals, Inc. - Special Permit Application wuer+�rw.� Page 11 of 12 C ff" For the reasons summarized above, the proposed project is clearly in harmony with the purpose and intent of the North Andover Zoning Bylaw and Site Regulations. Additional conditions and safeguards proposed to protect the neighborhood: a. Requirements of front, side, or rear yards greater than the minimum required by this Bylaw. Required setbacks are met, or previously and specifically approved by the BOA. b. Requirements of screening parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting, or other devices; Required screening areas are met--- refer to Site Plan and Notes summarizing these requirements. c. Modification of the exterior features or appearances of the structure; Refer to the architectural plans and elevations the proposed design is appropriate and includes additional expense in presenting a true colonial theme of appropriate scale and texture. d. Limitation of size, number of occupants, method or time of operation, or extent of facilities; Refer to Site Plan Notes for these specific limitations as required by the Bylaws. e. Regulation of number, design and location of access drives or other traffic features; Refer to discussion iv) Traffic and Parking discussed in detail above. Traffic Refer to the Traffic Study specifically prepared for this project, which fmds that the project will not produce a significant detrimental traffic impact. The plan incorporates the recommendations in the Traffic Study that was previously reviewed by the North Andover Police Dept. 17 Little Professionals, Inc. - Special Permit Application Page 12 of 12 Fiscal and Community Impact Statement The project will be a valued addition to the Town's nonresidential tax base and provide much needed high-quality day care as allowed in the Zone by Special Permit, and as previously been approved by the BOA. The proposed site redevelopment will beautify the southern entrance into North Andover at Route 114 in a high quality colonial fashion. Report Summary We believe that the plans and supporting information are in keeping with the spirit and intent of the North Andover Zoning Bylaw, and are in the best interest of the district and the Town of North Andover. For these reasons, we respectfully request that the Planning Board issue a Site Plan Review Special Permit Approval for the proposed project. PLANNING BOARD SPECIAL PERMIT ABUTTERS LIST FOR MAP 108A PARCEL 8 LITTLE PROFESSIONALS, INC. NORTH ANDOVER, MA MHF #132102 AS OF 7/16/03 MAP/PARCEL # NAME & ADDRESS 108A/8 (OWNER) ANTHONY F. PACILLO III & STEPHANIE M. DeANGELIS 108A/16 2324 TURNPIKE STREET NORTH ANDOVER, MA 01845 APPLICANT JIM RICHARDS LITTLE PROFESSIONALS, INC. 7 LACONIA CIRCLE NORTH ANDOVER, MA 01845 108A/9 EDWARD M. KNOWLTON & PATRICIA MINASIAN 2302 TURNPIKE STREET NORTH ANDOVER, MA 01845 108A/10 TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MA 01845 108A/6 NOMID TRUST 108A/7 NOMID REALTY TRUST 108A/19 JOSEPH DiGRAZIA, TRUSTEE 2350 TURNPIKE STREET NORTH ANDOVER, MA 01845 108A/17 MEADOWS REALTY TRUST 108C/37 THEODORE & FLORENCE MEADOWS, TRUSTEES 108C/38 2357 TURNPIKE STREET NORTH ANDOVER, MA 01845 108C/50 MICHAEL & BRENDA SAWYER 70 FARRWOOD AVENUE #8 NORTH ANDOVER, MA 01845 9/22 STEPHEN P. & DIANN L. SCAFFIDI, TRUSTEES 339 NORTH MAIN REALTY TRUST 4 HEMLOCK CIRCLE MIDDLETON, MA 01949 9/22A TIMBERLINE SPRINGS INC. c/o JO LEE REALTY TRUST 2350 TURNPIKE STREET, BUILDING B NORTH ANDOVER, MA 01845 ABUTTING TOWN TOWN OF MIDDLETON, MASSACHUSETTS 48 SOUTH MAIN STREET MIDDLETON, MA 01949 11 SURVEYOR CHRISTOPHER M. FRANCHER, LLS MHF DESIGN CONSULTANTS, INC. 103 STILES ROAD, SUITE ONE SALEM, NH 03079 ENGINEER FRANK C. MONTEIRO, P.E. MHF DESIGN CONSULTANTS, INC. 103 STILES ROAD, SUITE ONE SALEM, NH 03079 TRAFFIC DERMOT KELLY, P.E. DJK ASSOCIATES, INC. 280 MAIN STREET, SUITE 204 NORTH READING, MA 01864-1300 Lo Little Professionals, Inc. Children's Centers Administrative offices: 7 Laconia Circle, North Andover, MA 01845-3304 Tel: 978.686.5215 9 Fax: 978.686.5227 Brief History Little Professionals, Inc., founded by Connie and Tim Richards of North Andover, was organized during April 1994. The first location, opened during June 1994, is in Chelmsford where it has been operating for the past nine years. The second location, opened during October 1996, is in Woburn where it has been operating for the past six years. Little Professionals offers daycare and learning services to children ranging from one- (1) month to seven- (7) years of age. We employ predominately local people and offer them a full range of benefits including health, prescription and dental insurances, a 401(k) plan, child care discounts, tuition reimbursement, vacation and personal time. Little Professionals prides itself in the personalized quality childcare it provides to the communities it serves and the opportunities it provides to the people they employ. Operations Little Professionals, Inc. has been in operation for the past nine years. We have had established operating hours from 6:30 a.m. to 6:00 p.m. in both our locations since their inception. These hours will also be established and maintained in our proposed North Andover facility. The nature of the childcare industry provides for a defined curve in the parents drop-off and pick-up times based on their work and school schedules. The majority of the morning drop-off takes place between 6:30 and 9:30 am. while the pick-ups begin around 3:00 p.m. and continue until 6:00 p.m. In addition to parent pick-ups and drop-offs, we provide transportation in our Company owned vans. The local school districts and private transportation companies also service us. This range of pick up and drop off times, accompanied by the alternative forms of transportation minimizes any concentration of families at the center at any one time. Little Professionals, Inc. has always been an active member of the communities they serve. This involvement includes local community partnerships, providing free workshops to new mothers, open houses, field trips and partnerships with elderly and disabled organizations. Owners Connie & Jim Richards are the founders and sole owners of Little Professionals, Inc. Connie & Jim have lived in North Andover for the past 10 -years. In addition to having two young children in the public school system, they have had an active roll in school activities and local youth sports programs for the past 5 - years. Connie & Jim live at 7 Laconia Circle, which is within 2 -miles of the proposed location of their new facility. It is their intention to build and operate a facility that they and the town will be able to take pride in. The proposed plans have made every effort to represent the things Connie & Jim enjoy about North Andover. The parking was placed to the rear of the building to allow full screening from Route 114 and the elevations were designed to be representative of the true colonial feel of the town. www.littleprofessioanis.com Li 'p C s �` IS '� � (uyr.IBdkeri4rk ,� �'% �_IZD —RC2 /3210 Z r Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division �MsM�„�,�;. u�4• 27 Charles Street ;Wn North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner 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: 2324 Turn NAME: Little Professionals, Inc., Jim Richards, Treasurer ADDRESS: for premises at: 2324 Turnpike Street North Andover, MA 01845 Telephone (978) 688-9541 Fax (978) 688-9542 N -:7r CDi0cl-C. ke Street HEARING(S): December 10, 2002, February 11 & April 16, 2003 0 PETMON: 20024154 TYPING DATE: April 17, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Wednesday, at 7:30 PM upon the application of Little Professionals, Inc., Tim. Richards (treasurer), 7 Laconia Circle, for premises at: 2324 Turnpike Street, North Andover for dimensional Variance from Section 7, Paragraph 7.3 and Table 2, (Page FN -1, #1. 100' setback from Rte 114), Section 7, Paragraph 7.3 and Table 2, (50' setback from Sharpners Pond Road); and a Special Permit from Section 9, Paragraph 9.1 (Non -Conforming Use) and Section 4, Paragraph 4.132 #16 (1-1 Day Care Center by Special Permit) to allow for the construction of a day care center on a non -conforming lot. The said premise affected is property with frontage on the East side of Turnpike Street within the I-1 zoning district. The following members were present: Walter F. Soule, Robert P. Ford, John M. Pallone, and George M. Earley. Upon a motion made by Joseph D. LaGr w and ?d by John M. Pallone, the Board voted to GRANT the request for dimensional Variances from Section 7, Paragraph 7.3 and Table 2 for relief of 25' from Sharpners Pond Road and for relief from Table 2, FN -1 for 50' from the 100' setback from Route 114 right-of—way; and Special Permits from Section 9, Paragraph 9.1 in order to construct a new structure for a non -conforming use on a pre-existing, non conforming lot, and Section 4, Paragraph 4.132 #16 in order to operate a day care center in the I-1 zoning district. The Variance and Special Permit are granted on the following conditions: 1. The 2nd floor is to be used for offices only, day care activities and children to be restricted tc the first fiorr, only. 2. The plans numbered 1-6 to 6-6, dated 4/2/03, 5th revision be submitted to and subject to review by the Fire Department, Police Department, Division of Public Works, Conservation Commission, Board of Health, and Planning Board as listed in the Technical Review Committee Report dated April 15, 2003, concerning the Little Professionals, Inc. 3. The proposed playground protection berm, fencing, and landscaping rocks and trees be included in the Site Plan Review of the Planning Board. 4. The signage symbols shown on the Site Plan, sheet 3 of 6, revised 4/2/03 are not included in the approval granted in this decision. Voting in favor: Walter F. Soule, Robert P. Ford, John M. Pallone, and George M. Earley. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 23 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 N _0 The Board finds that the applicant has satisfied the provisions of Section 10, Paragraph 10.4 of thk zoning bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the zoning bylaw, and Section 9, Paragraph 9.1 and Section 4, Paragraph 4.1132 #16 of the zoning bylaw and that sucl grange, extension cr alteration shall not be substantially more detrimental to the neighborhood. 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 2003-054 Page 2 of 2 Town of North Andover Board of Appeals, Walter F. Soule, Vice Chairman Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 t4 Town of North Andover . Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Planning Director. jwoodsQtownofnorthandover.com J. Justin Woods b=://www.townofnorffiandover.com Technical Review Committee Report P (978)688-9535 F (978) 688-9542 TO: Karl R Dubay (by email) FROM: J. Justin Woods, Planning Director/TRC Chair CC: Mark Rees, Town Manager Raymond Santilli, Assistant Town Manager/Acting Director of Community Development William V. Dolan, Chief of Fire Department Lt. Andrew Melnikas, Fire Prevention Officer Lt. John Carney, Police Operations Division Commander Tim Willett, Water & Sewer Superintendent Bob Nicetta, Building Commissioner/Zoning Enforcement Officer Julie Parrino, Conservation Administrator Sandra Star, Health Administrator Heidi Griffin, Community Development & Services Director RE: 2324 Turnpike Street — Little Professionals, Inc. Follow -Up Report to April 10, 2003 DATE: April 15, 2003 Following please find a summary of the comments of the TRC Committee members: 1) Building/Zoning At the present time the Zoning Enforcement Officer does not have any additional comments as the project is scheduled before the Zoning Board of Appeals at the April 16 meeting. 2) Fire Department The building is required to have a fire sprinkler system upon opening for business. The preferred method of water supply for that system would be from the municipal water system. Recognizing that the availability of access to the municipal water and sewer system may not be synchronized with the planned building of the Little Professionals, the following is recommended to the applicant in order for the continuation of their project. The fire department would support a conditional approval of the project by the Zoning Board of Appeals provided that: A. The building is designed and built with a full fire alarm and suppression system as if the municipal water system supply would be available. B. An alternative on site water supply is proposed during construction in accordance with recognized Nation Fire Protection Association standards and approved by the fire department in case the municipal water supply is not available prior to occupancy. C. If there is a written commitment to tie into the municipal water supply, which is available to the occupant prior to opening, the fire department will work with the applicant to eliminate the financial burden of installing the internal on site water supply system while maintaining a proper level of life safety for the occupants of the building. The ability of the fire department to work with the applicant in this instance would require a firm written commitment, which emphasizes the shortest period of time for municipal water to the site. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Lt April 15, 2003 2324 Turnpike Street Little Professionals, Inc. Technical Review Committee Follow -Up Report to April 10, 2003 3) Police Department The Police Department is satisfied with the safety improvements made to the plan for this site. All of the safety issues outlined in a previous memo from Chief Stanley and Chief Dolan have been addressed and improved to our satisfaction. The Playground has been moved and barriers will be erected. The traffic pattern has been improved. While we would like to review the traffic impact study, the Police Department has no other issues with -this project at this time. 4) DPW The Division of Public Works has reviewed the above referenced plan and has the following comments: A. The Applicant is strongly encouraged to connect to town water and sewer systems. It is recommended that the Applicant contact the Developer of"The Meadows" to coordinate and agree on proposed water and sewer connections. B. On site drainage facilities should be reviewed by VHB. C. The proposed backflow preventor must be reviewed and approved by Dennis Bedrosian - Superintendent at the Water Treatment Plant, 420 Great Pond Road, 978-688-9574. 5) Conservation Conservation reviewed the site several months ago and determined no wetland resource areas existed on site, however off-site wetlands may exist. An existing drainage pipe outlets to the rear of the property and flows through a small ditch, through a culvert under Sharpner's Pond Road and into a wetland resource area. My review letter requested the applicant to investigate whether wetland resource areas exist within 100 feet of the property boundaries or within 100 feet of proposed activities. At the TRC meeting, the applicant stated that Michael Howard from Epsilon Associates has reviewed the site and prepared a letter stating no wetland resource areas within 100 feet of the site. Letter should be submitted to the Conservation Department for review and confirmation prior to filing for site plan approval with the Planning Department. 6) Planning The Planner supports ZBA approval subject to the conditions outlined by the Fire Chief. Subsequent Site Plan Approval by the Planning Board is required, but the applicant is advised to first obtain a determination from the Conservation Department regarding off-site wetlands. It would also be helpful, if the final decision regarding water and sewer connections are not available, to have the Board of Health decision regarding septic capacity prior to site plan review. In addition to the plans submitted, for site plan review the applicant must submit a complete drainage plan, traffic study and fiscal and community impact statements as outlined in Section 8.3 of the North Andover Zoning By -Law. 7) Health The Health Department did not have a representative at the TRC meeting, however, if the applicant is not able to connect to town water and sewer systems, the applicant will need to file with the Board of Health. The Applicant is encouraged to meet with the Health Department to obtain any additional comments or to learn about any other applicable health requirements. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 William V. Dolan Chief of Departinent Edward J. Morgan Deputy Chief To: Justin Woods, Town Planner From: Fire Chief Dolan Re: Little Professionals — Water Supply Date: 10 April 2003 Telephone (978) 688-9593 FAX (978) 688-9594 The following comments are relative to the discussion, which took place this morning at the Technical Review Committee regarding water supply for fire protection for the proposed Little Professional's day care building. The building is required to have a fire sprinkler system upon opening for business. The preferred method of water supply for that system would be from the municipal water system. Recognizing that the availability of access to the municipal water system may not be synchronized with the planned building of the Little Professionals, the following is recommended to the applicant in order for the continuation of their project. The fire department would support a conditional approval of the project by the Zoning Board of Appeals provided that: • The building is designed and built with a full fire alarm and suppression system as if the municipal water system supply would be available • An alternative on site water supply is proposed during construction in accordance with recognized Nation Fire Protection Association standards and approved by the fire department in case the municipal water supply is not available prior to occupancy. • If there is a written commitment to tie into the municipal water supply, which is available to the occupant prior to opening, the fire department will work with the applicant to eliminate the financial burden of installing the internal on site water supply system while maintaining a proper level of life safety for the occupants of the building. The ability of the fire department to work with the applicant in this instance would require a firm written commitment, which emphasizes the shortest period of time for municipal water to the site. Please forward this memo to the Zoning Board of Appeals with this morning TRC comments and contact me if you have any questions regarding this memo. William V. Dolan Fire Chief 11 Town of North Andover, Zoning Board of Appeals Parties of Interest / Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part " Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS ANWONY F• PAuu.c = f z32+ T-uwi'lK.- 5Mae-., 1 O8 A - 8 SiEP1 . Dge ANrQ CuS WTH ,moo oyEt , tom+► cl IB45 ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS �w,a2� M• xM0W L T0r-j4 230% row Nte S•1X'�T PAT�iG�A 7SiAN NaeTri,4V00vM, tAA 01845 ✓ A - Ick -rnww o� �Va,t"N ,9NDoyec 1 zo MAIN s7XfT A)^ o I e 45 ✓ : ✓f /PSA - (6)70 1c) NOMM�IJ>MA �J:M tjuornih�PMAW TOW /Z�3�5�a'eN.'RNP11 �nL---- zzw /y D,�M+G �: / )Il1%ST� IrVryl ►'l /W-AYGF� /`ir'1 1CJ �r ^ / MF4DowS IMAIiY I*vgr Z357 71ANftF- 99—ftT VV0, /o$ C - 37, 38 THw�u� otitE N4E�moWS, �-�S tib �rK ,o v0�, N a1e45 W. JA A gl.- � 6�DA SAuN�YL 7n F,eLRrC,y�p �4VE7�uE •f� 8 1LP,AA&uN- NSA D 1 e 4S V% Jost A- - 16n evT►+DWI T PA to > sly- ItAwbxF !-T 5}�pH vjE tA• DEAN6EUS dbK,-K D1@45 THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: powd bye!ka Date 0 Board of Assessor N Andover DATE SIGNATURE GE OF / /r/3A-� p/ U�- _� h Andover T hoar of Ass or rth Andover B of Asse or ✓ KPJ> Ifowu403 V",Yxz 12.N oU oZ ✓)Cjzb (C>W° Z lat w w O a z Q m C7 D J N m N H d Cl) W a. •0 (� Y UW C D - gF- W o = M V\ N iF - U) D J a' z F - Z F Q J w W 3 °J LL V i O W d V L R CL P aZ z_ w m = O az in a. �N W z J LL� LL W Qm U M U) H wl a N N N N 00 00 O O O O 00 01 6. O O O O 00 i 0 W Q M N 4A tj H W Q+ H o O � �a aF �cq _ cv cv T-.9-,01 = 1HOGH 9 .0-,Z 50 We did not observe a jurisdictional bordering vegetated` wetland (BVW) or isolated vegetated wetland (IVVG) within 100 -feet of anticipated future work. An off-site meadow characterized by upland grasses and fill material (interspersed with purple loosestrife and a cattail "pocket") was documented but it does not.appear that this disturbed area meets the definition of a jurisdictional wetland.. As we did not have permission from the. adjacent property owner to access their property,.and definitively determine the jurisdictional nature of this area, we would recommend that the North Andover Conservation Agent, Ms. Julie Parrino, confirm same prior to obtaining a building permit. We would also add that there were no records on file with. -the Conservation Commission regarding approvals for past and ongoing work .undertaken on the subject property. It is bur. understanding that. these activities were authorized by .the prior Conservation Agent without the need for a permit (we have a phone, call into her office to, confirm this. assumption). This indicates to us that the Conservation Commission was of the opinion that -there are no jurisdictional wetlands within 1.004eet. 150 Main Street PO Box 700 • Maynard, Massachusetts 01754-0700 0 978.897.7100. Fax 978.897.0099 www.epsilonassociates.com 1r F q I eI LO N s' ASSOCIATES INC. Engi neers ■ Environmental Consultants J U L 2 3 2002 m111 ✓v...�.. vvuvwWllW Alin. July 21, 2002 Mr. James K. Richards Little Professionals, Inc. 127 Olympic Lane PRINCIPALS North Andover, MA 01845 Theodore Barter, PE Subject: Site Inspection: #2324 Turnpike Street, North Andover, MA. Margaret B. Briggs Michael tusk; CCM Dear Mr. Richards: Samuel G. MygaM L.L.B. On Friday, July 19", 2002; wetland scientists. from Epsilon Associates conducted a site inspection at the above referenced property. The purpose of this inspection was to Dole T. Raczynsb; PE determine if wetland resource areas subject to jurisdiction under the MA Wetlands GndySchleuinger Protection Act (MGL c.131 s.40) and regulations (310 CMR 10.00) and/or the North Andover Wetland- Protection' By Law (c.178 of the Code of North Andover) existed within tester B. Smith, Ir close proximity to anticipated future work.. VictonoH. Hetcher, RLA It is understood that this correspondence will.be made part of future permit applications with the North Andover Zoning Board of Appeals and Planning Board. We offer the following comments. Bordering and Isolated Vegetated Wetlands We did not observe a jurisdictional bordering vegetated` wetland (BVW) or isolated vegetated wetland (IVVG) within 100 -feet of anticipated future work. An off-site meadow characterized by upland grasses and fill material (interspersed with purple loosestrife and a cattail "pocket") was documented but it does not.appear that this disturbed area meets the definition of a jurisdictional wetland.. As we did not have permission from the. adjacent property owner to access their property,.and definitively determine the jurisdictional nature of this area, we would recommend that the North Andover Conservation Agent, Ms. Julie Parrino, confirm same prior to obtaining a building permit. We would also add that there were no records on file with. -the Conservation Commission regarding approvals for past and ongoing work .undertaken on the subject property. It is bur. understanding that. these activities were authorized by .the prior Conservation Agent without the need for a permit (we have a phone, call into her office to, confirm this. assumption). This indicates to us that the Conservation Commission was of the opinion that -there are no jurisdictional wetlands within 1.004eet. 150 Main Street PO Box 700 • Maynard, Massachusetts 01754-0700 0 978.897.7100. Fax 978.897.0099 www.epsilonassociates.com 1r 2 Riverfront Area According to the applicable USGS quadrangle map and the ByLaw riverfront area maps, there are no perennial streams within 200 -feet anticipated future work.. Bordering Land Subject to Flooding (i.e., 100 -year floodplain) According to the applicable FEMA -FIRM map, there are no areas of. Bordering Land Subject to Flooding (BLSF) on or near -the subject parcel. Estimated Habitat. of Rare Wetlands Wildlife . The Massachusetts .Natural Heritage Atlas (2000-2001 edition, :South Groveland Quadrangle) does .not identify any certified vernal pools, estimated habitat or priority sites on or near -the project site. If you have any questions regarding our findings, please do not hesitate to, contact me at (978) 450-7147 or via email at rrihoward@epsilonassociates.com. Sincerely, EPSILON AS�OO/TE Jnc. Michael D. 46WG rd Senior Scientist. Cc. Karl Dubay, MHF Design. Associates, Inc. EPSILONeers,�so�,E'tNC. Engin■ Environmental Conwltants 12 14. cu r.,,, a i 0001 vvoo - ---�- a4,i PSASSOCIATES INC. Engineers =moi Environmental Consultants FAX ISO Main Street P.O. Box 700 Maynard, MA 01754-0700 To: Date/Pa es: oo VJ Date: 12 54 - Fax: Number of Pages: Phone: Including Cover Sheet rr m: Phone: 978-897-7100 Fax: 978-897-0099 Remarks: axe oz xzau Tp� t. �nai Vp k#Idft (cunud I) s Y; awf) wW,4 50e � U 4T 11�r � J, — 1 a. - V r: ].a] U /OVA I -02 11:20A WEST -ZW ENVIRONMENTAL, Michelle Martin North Andover Conservation Commission 27 Charlwi Street North Andovcr, MA 01845 RE: 2324 Turnpike Street/Route 114, North Andover, MA SUBJECT: Determination of Non -Jurisdiction Dear Ms. Martin, February 15, 1999 WE[ # 9909 -MA On he -hal f of A.F. Patfillo General Contracting, Inc., West Environmental, Inc. inspcctad the above referenced property to determine if there are Local or State jurisdictional wetlands present. The area in question is a corner lot adjacent the intersection of Route 114 and Sharpeners Pond Road- Excavation work has begun at the site. There is a small drainage ditch that receives storrawater runoff from Route 114 however this area dom not meet the criteria outlined in the Massachusetta Wetland Protection Act or the or the North Andover Wetlands Protecticm Bylaw (10-20-98). Specifically the ditch docs not have a dominance of hydrophytic vegetation or hydric soils. This area also dews not meet the definition for stream outlined in Section 11- Definitions !a the North Andover Wetlands Pmteution Rei gulations (11-10-98) because it does not exit or enter a wctland. This concludes our work at this time. Please call our office with any questions. Sincerely, West Environmental, Inc. Mark C. West, President Wetland Scientist Cc; Anthony Pacillo 48 Stevens Hill Read, Nottingham, NH 03290 ♦ 603-679-8212 ♦ Pax 603-679.8232 P.02 rd -1 � Z �O 4� a� 44 Q o0 N 0 00 Nril N y •N o 'n O m �cq •� .G C y v� o N o� ° t � V �0 O 4� p cn U E z p O r�-I O O CA N Q" oa o w ° r v ts CU H p�j n '� � � w •� � � � ,� ,a r., •� tf O o U� 0 C) V Ln W a � ai ) N .O °J a � cd � by z 65 u WQ a tiz H � 04 cu (;U4 'a (Yi , w "" d 3 QU o •�+ 'd cW4a O N m y v r A C7 In o o 1Ocup � N cn N Zj ao O N 1 � ui W 4 rj v19 °++' o 0 CA C8 0 h Q , u� o o �x o Uo z w o ������ �� o v 1 �, + U U v V° V o" C) �� �� d M ti O a ® w ►j o moi., y OO e"r`% 04 N"�" N o O O x O 0 OV V §V� i�y �: U �ZinZ O ��_ a\rn a, 31 ti v y U O y m v a� U, o � oU Q,� U V A U OA ~ ]'V O w Location �l _ r'v �0� � :: ` No. Date f HpRTN TOWN OF NORTH ANDOVER ' - Certificate of Occupancy $ ' • i a Building/Frame Permit Fee $ ---- �'�s'••^''<� SACHUSE Foundation Permit Fee $ Other Permit Fee $ Sewer Connection Fee $ Water Connection Fee $ TOTAL $ �5 C Building Inspector 1 3 ' 12 OMM 14:05 25.00 PAID Div. Public Works �Imfm d F Z z > � C/) N � J z r z V � C C 1\ C cr. � E � z x C J C Cn N G\1 E N X x z z Q C y ° Z C O T Z a her = I O a x O O C _ G C U O W N Z Z cn F� L.. 1� O lel F U i M.n O F _ z � C W � F < c E V � � tA V G w � Z C 0 F Z z > � N � J z r z V � C C 1\ C cr. � E � C CG G\1 E N x z z Q C ° Z C 0 zt u zt F Z _ L a C F Z N � J z r z zt u zt F Z _ L a C F Z V � C C 1\ C G\1 N Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT ANIS SERVICES 27 Charles Street t North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director (978)688-9531 Fax HORT), OF °4 9S SAC HU'- US Fax (978) 688-9542 In accordance with the provisions of MCL 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 MCL c 11, S 150 A. The debris will be disposed of in: rn<>C c (Location of Facility) Signature of Permit Applicant Date NOTE: Demolition permit from the Town.of North Andover must be obtained for this project through the Office of the Building Inspector BOP.RD OF APPEALS 628-9541 BEADING 684-9545 CONSEIRVATION 688-9530 HEALTH 688-9540 PLANNING 68,S-9535 WILLIAM J. SCOTT Director (978)688-9531 Please print. DATE (2�©��11 JOB LOCATION 3,-j -! Number "HONI=n, TER" *'1 )_,_T' 0 n Name HOMEOWNER LICENSE EXEMPTION -Turn p_�z Street address PC-A-ob Cr7i- PRESENT MAILING ADDRESS S C✓-, City/Town Home phone S tate Fax(978)688-9542 Section of town �-A(ac;) Work phone Zip code The current exemption for "homeowners" was extended to include owner -occupied dwellings of six 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 Sec- tion 109.1.1) 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 to sic 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-vear period shall not be considered a homeowner . Such "homeowner" shall submit to the Building Official, on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) 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 comply with said procedures and requirements. _ HOMEOWNER'S SIGNATURE APPROVAL OF BUILDING OFFICL-�L Note: Three family dwellings 35,000 cubic feet, or larger, will be required to comply with State Building Code Section 127.0, Construction Control. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover NORTH OFFICE OF f 1 �� 011"10 COMMUNITY DEVELOPMENT AND SERVICES ° 27 Charles Street North Andover, Massachusetts 01845 Z, WILLIAM J. SCOTT Director (978)688-9531 Please print. DATE (2�©��11 JOB LOCATION 3,-j -! Number "HONI=n, TER" *'1 )_,_T' 0 n Name HOMEOWNER LICENSE EXEMPTION -Turn p_�z Street address PC-A-ob Cr7i- PRESENT MAILING ADDRESS S C✓-, City/Town Home phone S tate Fax(978)688-9542 Section of town �-A(ac;) Work phone Zip code The current exemption for "homeowners" was extended to include owner -occupied dwellings of six 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 Sec- tion 109.1.1) 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 to sic 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-vear period shall not be considered a homeowner . Such "homeowner" shall submit to the Building Official, on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) 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 comply with said procedures and requirements. _ HOMEOWNER'S SIGNATURE APPROVAL OF BUILDING OFFICL-�L Note: Three family dwellings 35,000 cubic feet, or larger, will be required to comply with State Building Code Section 127.0, Construction Control. 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' L;i"' u, ,gyp:, :.;E�,y',�µ� �+.r+• r' '�z{wf"' �c' tir -' 4� j"".p'x -a Ff -i 4y a r� '�"^"y - h - an 1 :.,�i _y:Mr"tirr.+° 9 Y MRS - NAA - QV �t�a�-BES '� 4 E cR 1 44 ads +js x4Fi'� 7e3 i ii 'e' t q*; Cyt ,t-,yy 4 3 i �v� r t or's T 7 ,fro„ t _ s -`S...Fr' vialy "� HI a n r1S a x t ^tr*` i.y ft Z TO >•�. wla o" »+ t >P s.�- ,s. .!' � �: a�:Yh 4,, r $�7. �� fi a�' �r' •� � `L LAIN "!�"; c "'`r-T� ^F'.�' "r asi NN ?¢ `�.2s. � '�- �,y a -o fi � � ry t "°{s' � .� t� t F '�lC (r.� •f �t -Z �e ,�i 4 $ ..c 2 §}t?y't *014�.,1,��"*"� r ..e,r ! s [g k •CT�. �'cT �rj„t. t ?t �:�. k.. ' a� ;j A� ?1 a ✓ a3 li. .' ti---''. -, ,..`'� d t.�.;',,-.''x.' 1 .,moi pj '" ! x r-•. �rae ! "{,�; wr MY1 o i V� F ��a t {.+ira r� Lt �r ♦r��s�°�� �y .:x #��-�� +�ti �^ �� i9 J�Ti, Pyr $. r"f t ,. _. ''�". t 3k - F•. .4I$'4 .'.� T 4 �S.=.a ■ Complete items 1, 2, and 3. Also complete A. Received by (Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse C. Sign re� so that we can return the card to you. ■ Attach this card to the back of the mailpiece, X � 11 Agent or on the front if space permits. ////// ❑Addressee D. s delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No 2 3 �q i ►�Pikt S`t2r�t i�c�rz�� AUUovt-2� �'1r� 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) ~{ovo lOSbZO Oo S9 PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 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 • 2Sl�l�L�1V% /zOi�tC) C=1CC �— � O leQ•Z l (�1`i�i ©V�l?� IN1 i� . ©tom q� SIC. 196 Essex Street Middleton, MA 01949 (978) 762-3104 Fax (978)762-3105 July 30, 2002 Mr. Robert Nicetta Town of North Andover Office of the Building Department 27 Charles Street North Andover, MA 01845 Re: Contractor's Yard 2.324 Turnpike -Street Map -108, Parcel -0008 Dear Mr. Nicetta: Please be advised the above referenced property is currently under agreement and is scheduled to close on or about October 31, 2002. The property is in the process of being cleaned up, and will take approximately sixty (60) days to complete the entire process. I apologize for any inconvenience, and if you have any questions or concerns please feel free to contact me at my office (978)762-3104, or on my cellular phone (617)699-5625. Thank you. Sincerely, Anthony F. Pacillo III AUG 1 2002 Bvjj_0jtAG OEPT Date ... %.' ... 0 .. 7. TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that -.-- ................................. ......... ............... ..................... has permission to perform ..................... '7 ... �— i,.,. - - - �� .......... wiring in the building, of .. ;�� ................................................................................ at .---q3cpl .... ............ North Andover, Mass. ................ ................ p. . .. IN Fee� ...... Lic. No . ............. ................ . . . C mc,L c� TRIC INSPE404,� `heck # 0 45 74SL '8567 rA 1 y A Commonwealth of MassachusettsFI/O7] Official Use Only Department of Fire Services _ BOARD OF FIRE PREVENTION REGULATIONS d Fee Checked (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 WINK OR TYPE ALL INFORMATION) Date: City or Town of: NORTH ANDOVER To the Inspector of By this application the undersigned gives notice of his or her intention to perform the electrical workies abed below. Location (Street & Number) .. �? � y %t,,,,„ , 0,t� _ t T Owner or Tenant Owner's Address Is this permit in conjunction with a building permit? Yes Ef Purpose of Building Existing Service G o Amps /2 v / 2 yy Volts Overhead ❑ New Service Amps / Volts Overhead ❑ Number of Feeders and.Ampacity 'Z — 7 on a ., _ .e—o'_ . No 7 (Check Appropriate Box) Utility Authorization No. Location and Nature of Proposed Electrical Work: No: of Recessed Luminaires No. of Luminaire Outlets No. of Luminaires No. of Receptacle Outlets rNo—Of Switches No. of Ranges No. of Waste Disposers No. of Dishwashers No. of Dryers Heaters K' o. Hydromassage Bathtubs OTHER: of CeiL-Susp. (Paddle) Fans No. of Hot Tubs Swimming Pool Above Eld No. of OR Burners No. of Gas Burners No. of Air Cond. Tc Ta Space/Area Heating KW Heating Appliances KW No. of No. of Signs Ballasts. No. of Motors Total HP Undgrd No. of Meters Undgrd ❑ No. of Meters table may be waived by the iranstormers KVA Generators KVA ALARMS !No. of Zones o. of Alerting Devices ❑Atumcipal Cnnnr.rfi— ❑ Other No. of Devices or Data Wiring: No. of Devices or No. of Wires. Estimated Value of Electrical WorkAttach additional detail ii desired, or as required by the Inspector of Wires. : 000 (When required by municipal policy.) Work to Start: Ins p ctt� 'ons to be requested in accordance with MEC Rule 0 , and uon completion. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electri alwork 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:) ify, p p P �'�) I cert under the airs andpenalties of perjury, that the information on this application is true and complete. FIRM NAME: .�i4 eG�/Lt C D I� LIC. NO.: Licensee: o,,,�y� Signature (If applicable, enter "exempt " in the icense number line.) LIC. NO.: �(p 3– Address: Bos. Tel. No.: *Per M.G.L o 147, s. 57-61, security work requires „ „ Alt Tel. No.: OWNER'S INSURANCE WAIVER: I am aware that the Lecens e does nothavethe liability Lic. No. required by law. By my signature below, I hereby waive this requirement. I am the (check one) ❑ owner ce coverage owner's gent. Owner/Agent Signature Telephone No. PE".IT FEE: S/--2- No / i4 4 The Commonwealth of Massachusetts j i Department of Industrial Accidents E,C�' Dice of Investigations 600 Washington Street Boston, MA 02111 { j www_mass gov/dia . Workers' Compensation Insetrance Affidavit: Builders/Contractors/Electricians/Plnmbers Applicant Information Please Print Le—Aibly Nazrie (Business/Organization/Individual): Address: � City/State/Zip: �u (�u 1-- 1�jA ,0 ! �0 ( Phone #:. i� Are you an employer? Check the appropriate box: 1. Q I am a employer with 4 l am a general contractor and I Type of project (required): u❑ employees {full and/or part-time).* 2. Q I am .a.sole proprietor or partner_ have hired the sub -con Tactors listed on the attached sheet. t 6. Q New construction 7. Q Remodeling ship and have no employees These scab -contractors have 8. Q Demolition working for mei any capacity. [No workers' comp. insurance workers' comp. insurance. 5. E3 We are a corporation and its q Q Building addition required.] 3. ❑ 1 am a homeowner doing officers have exercised their l0. Electrical ❑ repairs or additions all work right of exemption per MGL 11.Q Plumbing repairs or additions myself, [No•workers' comp. insurance c. 152, § I(4), and we have no 12. Roof ❑ repairs required.] f q j employees. [No workers' 13.[1.0ther comp. insurance required.] - •• . n R t 'Rust luso nu out the section below showing their workers' compensation policy information. 1 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 sho-ino. Ghe name df the sub -conte aid their wart rs' co mp. policy information. f am an employer that is providing workers' compensation insurance for my employees: Below is the policy and job site . information. Insurance Company Name:__ �e • .S. _ — d Policy # or Self -ins. Lie. #: Expiration Date: Job Site /Address:_a3 ,0 OrwY r��P S' City/State_/Zip: eclaration page (showing the policy number and expiration date). Attach a copy of the workers' compensation policy d 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 thisstatement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify u the pains and penalties of perjury that the information provided above is true and correct 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 S. Plumbing Inspector 6. Other M Contact Person: Phone #: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the'foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. 'However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally, MGL chapter 152, §25C(7) states `Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub -contractors) name(s), address(es). and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. if an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage.. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not'the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' coren.atron poiivj, pleasecall the Deartment at the nwibwl tli'$tGd below. uerif-irwL-eua wiieeianieS should enter their self-insurance license number on the appropriate dine. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. in addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information (if necessary) and under "Job Site Address" the applicant should write "all locations in (city or town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves etc.) said person is NOT required to complete this affidavit The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. # 6I7-727-4900 ext 406 or 1-8.77-MASSAFE Revised 5-26-05 Fax # 617-727-7749 www.mass.gov/dia Al Location+ 3No. e -r_ Date�� TOWN OF NORTH ANDOVER .oma 9 Certificate of Occupancy $ E 14U Building/Frame Permit Fee $ ncHus Foundation Permit Fee $ Other Permit Fee /0 $ A -y arm TOTAL $ Z& Check # 196.12 // Building lnspeqvr Location No. (± v Date TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee �� $ TOTAL $ -� Check # ,G'?,�) 19612 Building Inspec. Y v v TOWN OF NOR TH ANDOVER 1600 OSGOOD ST APPLICATION FOR CERTIFICATE OF INSPECTION. Date lS O Fee .Required (Arnount)_Jw No Fee Required ,Accordance with the provisions of the Massachusetts State Building code, Section 108,15, I hereby apply for Certificot Inspection for the below -named premises located at the following address: �32u urn1 t G- Streetand Number-------- ------==------------------------------------------------ Name of Premises ------ _— 1-1T�� F'ROFESS�ONALS, INC_ — ------------------------------------------- Purpose for which Premises is n, A"` t i \ —n Used------------------- (1 _!j C e -j -r --- —----------------------------------------------------------- Licenses (s) or Permit (s) Recluired for the Premises by Other Governmental Agencies: Certificate to tel'PTIJEOPROFESSIONALS, INC. 23Z ------e_5IAddress-----------------------� Te onkq�9. -------- - Owner of FLcoff3rL2ffR-RxR3— AcldressyCLrn eS= r OI LE PR F8 W Name of Present Holder of ertificate__________— ESI ALS; �Ij�-------------------------- i� S Name of Agency, if any ---------- =------------__ --------------------------------------------- (z�s— SIGNATU OF PE 'O� NS TO WHOM CERTIFICATE TITLE / IS ISSUED O HIS A HOIRIZED .AGENT ______11�1 ------______ DATE INSTRUCTIONS: 1) Make check payable to: Town of North Andover _____________________ 2) Return this application with your check to: Building Dept. 1600 Osgood ST, North Andover AL4 01845 PLEASE NOTE Application form with etccompanyin.c FEEmtcst.a�e_ stt,bnritted for each buihling or structure or part thereof to be certified. 3) Application (tnd fee must be received before the certificate. Will be issued. 4) The building off icictls slh.ctl.l, he. notified t.aithin tcn (10) clays of tiny clutnge in tlu a.boa,e information. _ CER TIFIC.4 TE # EA PIRA TION DA TE• ;ERTIFICATE OF INSPECTION WORKSHEET REVISED 3.1006 Pic 1040rCI. 1 1U KCrUM i rvKm CLASSIFICATION PASSES INSPECTION 9 no DATED OWNER BUILDING NAME OR NO. (_ ro STREET LOCATION TYPE OF OCCUPANCY - Day Care Auditorium. Restaurant Cafc Gym Apt. School Common Victualer's Liquor Place of Assembly ERABLE EXIT SIGN yes no LIGHTED EXIT SIGNS yes no NUMBER OF GRADE FLOOR MEANS OF EGRESS DOORWAYS V/L\ NUMBER OF SEPARATE STAIRWAYS ACCESSIBLE PER STOREYS u� EMERGENCY LIGHTING SYSTEM SPRINKLER SYSTEM SMOKE DETECTOR FIRE ALARM SYSTEM ANSUL SYSTEM / FIRE ALARM SYSTEM ELECTRIC EQUIPMENT VIOLATIONS' cell wet cell operable t erable gage pressure yes operable yes iration dat yes yes operable municipal yes FIRE RESISTANT CURTAINS OR DRAPERIES AA EGRESSES LAWFULLY DESIGNATE unobstructed f� HANDICAP ELEVATOR- yes no ic, 4— STAIRS PROPERLY RAILED 10 HALLS AND STAIRWAYS LIGHTED UTILITY ROOM - CLOSETS RADIATOR GUARDS COMPLIES HANDICAPPED PERSONS LAWS HOW HEATED BOILER ROOM CONDITION 1ST FLOOR SEATS 1 ST FLOOR BAR SEAT OTHER LEVELS yes yes /V si� yes es FIREPLACES yes OCCUPANCY NUMBER (INCLUDING STORIES # AND OCCUPANCY PER FLOOR USE REVERSE SIDE no no no nv M no no no no no no co I- co 41 Q w J000LOoo c V M U K' ;E w tL O O �1�0 N�� O L ® O O O O o� o 4- 4) Z C i' V a 0 �0 0 Z O N Mi^ I V) W Q� O a � 4W E cu CL C or" -N mMM-- ~ N N o 0 L.., _ �r-NM`4-tnCUf,-cQ w V }m 4-0 E O C -� U M co U cu a cu O F- C) N LU 06 N LO 0) W 00 mt N 9 J 0 o� N H C r � z. v Eu Q as co D ukl f-17—dfmb b7;4'f Carporalc oraas 2324 Turnpike Sueet, Ate. 114 N. Andover, 4M 01845 . Teteonone; 978.d86.5215 FaryrMte: 978.686.5227 CCwgKYAt0 dtfeorofcawrrnn.cbm Chedn"d Cotler 315 NOM Road Route 4 K C1xJmstuA, mA01663 Telephone: 97&2S1.1440 Fdv;imile: 978351.9301 cnemisford01i1[1eprokssi0n r. c0m Moft Andover Certef 2314 Tumprht SVW, tee 114 N. AW*q Br, 44N 01845 Teleprax. 978.686.5215 ;Ocfamile: 918.686 S247 f1M:T�pr'MXNtf QOhNCPf OFSSSfr)nafS.cimn 304 CanbOdge ttoad, Rte. 3 Wbbum, MA 01901 T•, kphax: 781.937 9933 F4csimife+ 781.937.3620 w0bumaittirfu0monals.CM . \I lade pmfesssonfaK Me. Children's Centers October 17, 2006 Gerald Brown Building Department Town of North Andover 1600 Osgood Street North Andover, MA 01845 Re: Certificate of Inspection I Elevator James -Morgan Realty Trust One, LLC 2324 Turnpike Street, North Andover, MA Dear Mr. Brown: in reference to our conversation, l have prepared this summary of the current status of our elevator and state certificate of inspection. The building received a certificate of occupancy to operate our child care center during September 2005. Thee were several completion and contract issues with the builder at that time, that are to date unresolved. Included in these issues was the completion of the elevator, This is an open issue that I have reviewed with both the state and Otis Elevator. Otis is currently seeking satisfaction from the builder and attempting to place a lien on our property: We are continuing to seek completion of the elevator and satisfaction of the lien. During the interim, the second floor of our building is not being used for public access, yet private offices for immediate family members. The primary and only public use of the building is the first floor, on which we operate the child care facility. The children and families do not have a need to access the second floor for any of these services. We will continue to seek completion of the elevator and will keep you up to date on that progress. If you need any additional information during the interim, please do not hesitate to contact me directly at (978) 686.5215 or jim@littleprofessionals.com. Sincerely, James K, bards, CPA www. littleprefessionals.cote • 966.til.Pros TOTAL P.02 V& 1 removal of the sign withm a tune not to exceed thirty all be erected, enlarged, or structurally altered Permits shall only be issued for signs in enlarged, reworded, redesigned, or altered in any, to remedy this violation in a timely manner, I of 8:30 — 10:00 AM and 1:00 — 2:00 PM. Location P? �tdt2t��� No.1 .z5 d CDate 0 hQRTh TOWN OF NORTH ANDOVER 0.�.o Certificate of Occupancy $ kx)f (Y-) �ssACMUsE<�' Building/Frame Permit Fee $ Foundation Permit Fee 1) $ OD Other Permit Fee $ , TOTAL $�� Check # '�2,4 Building'I� nspector Location No. A -ell Date NORTH TOWN OF NORTH ANDOVER 0 Certificate of Occupancy $ Building/Frame Permit Fee $ CHU Foundation Permit Fee Other Permit Fee $ ------ TOTAL ♦ $ Check # 2.!S72- t:, 7751 Building Inspector 0 t A %A FORM U - LOT RELEASE FORM INSTRUCTIONS: This form is used to verify that all necessary approvals/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and/or landowner from compliance with any applicable or requirements. ******APPLICANT FILLS OUT THIS SECTION*********************** APPLICANT Gi/�,m �/4�,��s'S /o,.,gh / y► c LOCATION: Assessor's Map Number /00—ft SUBDIVISION STREETr�s PHONE q79 —ee'5 PARCEL U LOT (S) ST. NUMBER 4-' """OFFICIAL USE ONLY ***** RECOMMENDATIONS OF TOWN AGENTS: � TION ADMINISTTR DATE APPROVED // DATE REJECTED COMMENTS PLANNER COMMENTS DATE APPROVED DATE REJECTED FOOD I PECTOR-HEALTH DATE APPROVED / DATE REJECTED V S IC INSPEd-TCMI-HEVAH DATE APPROVED DATE REJECTED COMMENTS :Z5:-* o -/i-, jC, /.-, '-J a 4-,,? / Z �6�a -, VPUBLIC WORKS - SEWER/WATER COI DRIVEWAY PERMIT j/AIRE DEPARTMENT, OIE-1, 'F 1pi d i Cir ' U/)" k/ /6/f r/ o y RECEIVED BY BUILDING INSPECTOR DATE Revised 9197 jm 1 f t s- The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations Boston, Mass. 02111 - Workers' Compensation Insurance Affidavit Name Please Print Name: �c, !31-)Z0 R�v ILP Location: '1_ 6.jf= u Cites JJ. I Phone # q 7 o G v J' • �i 5� I am a homeowner performing all work myself. E]�am a sole proprietor and have no one working in any capacity I am an employer providing workers' compensation for my employees working on this job. Company nam e: �STL'l'✓t �V <C.bcx1 7 Address 1,1171 �,Vrl-j •• City: `U &AJT J VG7yl- 1 k Phone #. q 7 8 bb f Insurance Co. a ",6a teA" TOT ' ��� Policv # 3�J3�2 7 Company name: Address City Phone #: Insurance Co Policy # Failure to secure coverage as required under Section 25A or MGL 152 can lead to the imposition of criminal penalties of,a fine up to $1,500.00 and/or one years' imprisonment -as _well.as_civil.penaltiesin2hefnrm-cfa_STOP WORK_ORDER..and_a.fine.of..(.$1DO.00.) a day.against_me. I understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. / do hereby cegtify"agder the pains and penaftie"f perjury that the information provided above is true and correct. Signature T Date 101U/0 Print name �!6 P Phone # `� 70 • G v S - 3 S j Official use only do not write in this area to be completed by city or town official' City or Town Permit/Licensing Building Dept ❑Check if immediate response is required ❑ Licensing Board p Selectman's Office Contact person: Phone A- ❑ Health Department r-, Other Oct 25 04 10:28a I John Brennan PROJECT . 603-894-5548 OFFICE OF BUILDING INSPECTOR TOM OF NORTH ANDOVER CONSTRt1CT10N CONTROL. PROJECT LOCATION - NAME OF BUILDING:5'A44E., _`SlLr Tr'TZ� NATURE OF PROJECT: IN ACCORDANCE WITH ARTICLE 116 OF THE MASSACHUSETTS STATE BUILDING CODE. REGISTRATION NO. BEING A REGISTERED PROFESSIONAL ENGINEER/ARCHITECH HEREBY CERTIFY THAT I HAVE PREPARED OR DIRECTLY SUPERVISED THE PREPARATION OF ALL DESIGN PLANS, COMPUTATIONS AND SPECIFICATIONS CONCERNING: ENTIRE PROJECT D ARCHITECTURAL R STRUCTURAL R MECHANICAL D FIRE PROTECTION ELECTRICAL D" OTHER (SPECIFY) FOR 'THE ABOVE NAM® PROJECTAND THAT, TO WE BEST OF W IWdWEEGE, SUCii PLANS, COMPLA'ATIONS ANDSP6pFICATIOm &smr TW RPPLIC/1Bl.E PROhmsm OF THE MASSACHUSETTS STAVE BUILDING COM ALL ACCEPTABLE ENGiNEEI;dICi PRATtc:m AND ,WFUCABi E LAWS AND ORDINANCEt FOR THE PROPOS® USEAM 01 GJ ANCY_ I FURMiER CERTIFY TfiAT I &w -L POWDR11 TFC NECESSMY PIZOi [OVAL SERVICES AND S EPRESEN'T ON THE CONSTIW=ON SITE ON A REGULAR AND PERIODIC BASIS TO DETERMINE THE WORK IS PROCEEEDiNG IN ACCORDANCE WIT" TW DOCUKIE JTS APPROVED FOR THE BUILDI PERMIT AND SHALL BE RESPONSIBLE FOR THE FOLLOWUM AS SPECIFIED IN SECTION 116LO P.1 I. Aeliew, for corrtorrrns we ID The design eoreoepL ---drawings, siaenples and other subirti ��e '� which ane submitted by the contractor In the m* of the dOCUmentS 4 z 2 Review and approval of the quaff /"control ProcedLm for ail 00de4equired controlled T & Be present at intervals appropriate tD the Stage of conshudion to become, gen@1ally faun t i r pF ti�5� md1`439m progress and quality► of to work and to dehmnine. In generar.- if the wowk is being pmfanned In a.m WffWWoor)sihent with the cDnstnuclIon doaaneifaL PURSUANT TO SECTION 116.2.2 1 SHALL SUBMIT MEEKLY , A PROGRESS REPORT TOGETHER Willi PERTINENT COMMENTS TO THE NORTH ANDOVER BUIWING 1N UPON COMPLETION OF THE WORK. I SHALL SUBMIT A FINAL REPORT AS O SATISFACTORY COMPLETION AND READINESS OF THE PROJECT FOR SRO /;Z/' S. CRIBED AND TO BEFORE ME THIS CIO— DAY O NOTARY P * LIC MY COMMISSION P-ARSPN$ rRnIF My Commission Wiles September 25.2667 The Commonwealth of Massachusetts d Department of Industrial Accidents Office of Investigations 4` Boston, Mass. 02111 Workers' Compensation Insurance Affidavit Name Please Print Location ,�I �.�-rrtz-• I,IN jj. A- Phone # q 1 o /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 employees working on this job. Company name 75T L�Y✓ty �-h Address CItV ' i�.�l'D J V tom- I Awl I'L Phone # 97 btg • ?7 S5; �_ Insurance Co Q "'t e12 C� �"' T Policy # 3X3 2 Company name: Address Ci Phone # Failure to secure coverage as required under Section 25A or MGL 152 can lead to the imposition of criminal penalties of,a fine up`to $1,500.00 and/or,one years' imprisonment_as well.as_codLpenaltiesinthef= nfa_STOP WORKORDER d_a fine .af j$1t10 0D)-aAay understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. 1 do hereby ce er the pains and enaliie f perjury that the information provided above is true and correct. Signature T Date l o u-Oo -'- Print name ` eg, TS P.hone.# `? 7°0.6 v S • � S 5 } Official use only do not write in this area to be completed by city or town officiar city or Town Permit/Licensin Cl Building Dept []Check if immediate response is required Licensing Board p Selectman's Office Contact person: phone #. Health Department Other 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 Numbe r �;�\�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: **ZLJeS (,-% < 2 uCAGt N (Location of Facility) Signature of Permit Applicant YAC 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 NORTH Office of COMMUNITY DEVELOPMENT AND SERVICES HEALTH DEPARTMENTa r •_ w 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 'SS,C,„,BEt Susan Y. Sawyer 978.688.9540 — Phone Public Health Director 978.688.9542 — FAX January 3, 2005 James Richards Little Professionals Inc. 7 Laconia'Circle North Andover, MA 01845 RE: Subsurface Sewage Disposal System Plan for 2324 Turnpike Street, Map 108A, Parcel 8, North Andover, Massachusetts Dear Mr. Richards, The North Andover Board of Health has completed the review of the septic system design plans, for the above referenced property, submitted on your behalf by MHF Consultants dated July 11, 2003 (Last Rev. December 6, 2004). The design has been approved for use in the construction of a new onsite septic system for a childcare center that does not have any kitchen facilities within its premises. This approval is valid for three years from the date of this letter and during this time a licensed septic system installer must obtain a permit and complete this work, and a Certificate of Compliance must be endorsed by the installer, designer and the Town of North Andover. This approval is subject to the following conditions: 1. In regards to the soil tests. MA DEP regulations require 2 deep holes to be located within the primary and within the reserve areas of a new septic system. Your plans have only 1 deep hole within the primary, which is located on the very edge of the southern part of the system. Rather than requiring a deep hole test at this time, this approval will require that an additional test hole be conducted on the northern portion of the system, at the commencement of the septic installation. The hole must be viewed and logged in by a certified soil evaluator and a town observer. If the soil evaluation indicates a need for change in the plan, the installation permit will be voided until the plan has been redesigned. 2. If any other site conditions are found in the field to be different from those indicated on the design plan and/or soil evaluation, the originally issued Disposal System Construction Permit is void, installation shall stop, and the applicant shall reapply for a new Disposal Systems Construction Permit (3 10 CMR 15.020(1)). 3. It is the responsibility of the applicant and/or the applicant's septic system designer, septic system installer or other representative to ensure that all other state and municipal requirements are met. These may include review by the Conservation Commission, Zoning Board, Planning Board, Building Inspector, Plumbing Inspector and/or Electrical Inspector. The issuance of a Disposal System Construction Permit shall not construe and/or imply compliance with any of the aforementioned requirements. 4. The plan previously indicated that a drilled well is proposed. A revision showing the proposed water line has been added. There will be no well drilled on the property for any use. Your effort to provide a properly functioning septic system is greatly appreciated. The Health Department may be reached at 978-688-9540 with any questions you might have. Sincerely, Susan Y. Sawyer, REHS Public Health Director cc: MHF Design Consultants file DAVEY ASSOCIATES INC STRUCTURAL ENG 1 NEER S 378 MAIN STREET, P.O. BOX 1424 EAST GREENWICIi, R.I. 02818 January 17, 2005 Mr: Robert Necetta Building Commissioner North Andover Building Department 27 Charles Street North Andover, MA 01845 Re: Little Professionals Learning Center North Andover, MA Dear Mr. Necetta: The structural design of the new building for the above -referenced project has been completed under my direct supervision and meets the applicable provisions of the Massachusetts State Building Code and accepted engineering standards to safely support the required dead, live, snow, wind, and earthquake loads. All structural design information is included on drawings S 1 and S2. Sincerely, Pruce L. Davey, P. E. Principal cc: Mr. John T. Brennan 0- SrxucTURAL u 46261 at Te% AL E�6 TEL:(401)884-9790 FAx:(401)884-6832 V6WW'.DAVEYASSOCIATES.COM RECEIVED $0.ILDING DEPT 17/05 2UU4 10:52 FAX 978 688 9556 TOWN OF NORTH ANDOVER 16001/001 :l°la>?! ° 1.7..,Q4> 1'1: 4g.a, Flt]R?M RNLIOVfrR ... `I i �ally" I . tr, an vo `Town of'. ivarth Andover a ••• c� 40 AY.GE RAp� als ruwr� �t_�' . ce 'f:thr� Zoning$oard APPS .. S� DMS on :. ...: . NttA�I xviy:TJeeelopint�rvice ,� .-,... .27 -Wit..-:. 2004 MAY 11 A-11' 40 North. Ando�er;-Ma%aihus�tts 845 Telepl►onp (451 b .8-9531 ..Fax MIS) 6 9542 D.: Robert'Nicctta Buildibg Copl1111.GSionel I Aday.14; 2004 '. Town ofNdrth4And6 ?..onYtlg.Board of Ap s 27 Charles. OP North Andovet!i MA '01845 Mr_ James K Richards Little ptofesslooals; Inc. 7. Laconia. Circle Liss .01845 North. Andover, Massae 2324 TWW iic+e�Stceek ' I' North Andover;.Massachusetts.41845 rnonth Wenstori OfyogrVatiatie� Regarding Yom request for a°silk (b) a 'ye to - Board of Appals spProved.a,six. (b7 Tnonth extens?bn re prgPcatY Please. be advised that thc-Zaning renc 0 atsacbed-deeis = #2002-0541• 2324 TurnPil� Street; Nortl!`flridovtr, MA; tom+ . A s voted to graett a.sbc (b) month.extgasion from Aril 29;.200 to October 2004 l],e-Zoning Board of p1� a motion by Walter -F. Soule arid.2 )xy:.ilen McIntyre. P- at the regutac N1ay 13, Allo meeting janc - gauthoraY to °�c:tha°e f. pcercise-of such . Cet..l,.,, ch: 40A; § 10 allows the Vaisuce penia »r` [pd not to exceed six months". �i�g to favor:- Wiltiani:J. SulliVari,wat F. Soulo; E11en P - right .for a.p Richard J. Byws- . lvlcl;•tyie; Joe E. Smith;' and Williaiti I uli Chairman . Zoning.B.. F.. do ppeals GC: Town clerk ZBA tele MIA8AP$ I. Bear dor Appals 97$ 688 954.1 BuiMing �7i ls8iF95A3- Coto Kion 978-�$�5lih 93R ��Kg'� 40 Planning g'!g_fiBR•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 Any appeal shall be filed within (20) days after the date of filing of this notice in the nffice nfthe Town Clerk Telephone (978) 688-9541 Fax (978) 688-9542 Notice of Decision ►� Year 2003 —0 Property at: 2324 Turnpike Street U NAME: Little Professionals, Inc., Jim Richards, Treasurer HEARING(S): December 10, 2002, February 11 & April 16, 2003 0 ADDRESS: for premises at: 2324 Turnpike Street PETITION: 2002-054 North Andover, MA 01845 TYPING DATE: Aril 17, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Wednesday, at 7:30 PM upon the application of Little Professionals, Inc., Jim. Richards (treasurer), 7 Laconia Circle, for premises at: 2324 Turnpike Street, North Andover for dimensional Variance from Section 7, Paragraph 7.3 and Table 2, (Page FN -1, #1. 100' setback from Rte 114), Section 7, Paragraph 7.3 and Table 2, (50' setback from Sharpners Pond Road); and a Special Permit from Section 9, Paragraph 9.1 (Non -Conforming Use) and Section 4, Paragraph 4.132 #16 (I-1 Day Care Center by Special Permit) to allow for the construction of a day care center on a non -conforming lot. The said premise affected is property with frontage on the East side of Turnpike Street within the I-1 zoning district. . The following members were present: Walter F. Soule, Robert P. Ford, John M. Pallone, and George M. Earley. Upon a motion made by Joseph D. LaGrasse and 2nd by John M. Pallone, the Board voted to GRANT the request for dimensional Variances from Section 7, Paragraph 7.3 and Table 2 for relief of 25' from Sharpners Pond Road and for relief from Table 2, FN -1 for 50' from the 100' setback from Route 114 right-of—way; and Special Permits from Section 9, Paragraph 9.1 in order to construct a new structure for a non -conforming use on a pre-existing, non conforming lot, and Section 4, Paragraph 4.132 #16 in order to operate a day care center in the I-1 zoning district. The Variance and Special Permit are granted on the following conditions: 1. The 2d floor is to be used for offices only, day care activities and children to be restricted to the first floor, only. 2. The plans numbered 1-6 to 6-6, dated 4/2/03, 5th revision be submitted to and subject to review by the Fire Department, Police Department, Division of Public Works, Conservation Commission, Board of Health, and Planning Board as listed in the Technical Review Committee Report dated April 15, 2003, concerning the Little Professionals, Inc. 3. The proposed playground protection berm, fencing, and landscaping rocks and trees be included in the Site Plan Review of the Planning Board. 4. The signage symbols shown on the Site Plan, sheet 3 of 6, revised 4/2/0..3 are not included in the approval granted in this decision. Voting in favor: Walter F. Soule, Robert P. Ford, John M. Pallone, and George M. Earley. Pagel of 2 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 --� N W The Board finds that the applicant has satisfied the provisions of Section 10, Paragraph 10.4 of thk zoning bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate .from the intent and purpose of the zoning bylaw; and Section 9, Paragraph 9.1 and Section 4, Paragraph 4.132 # 16 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental to the neighborhood. 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 2003-054 Page 2 of 2 Town of North Andover Board of Appeals, Walter F. Soule, Vice Chairman 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 Any appeal shall be filed within (20) days after the date of filing of this notice in the nffice of the Town Clerk Telephone (978) 688-9541 Fax (978) 688-9542 VJ i7 Notice of Decision r"i Year 2003 —0 Property at: 2324 Turnpike Street K C3 -11 _: NAME: Little Professionals, Inc., Jim Richards, Treasurer HEARING(S): December 10, 2002, February 11 & A ril 16,2 03 0 ADDRESS: for premises at: 2324 Turnpike Street PETITION: 2002-054 North Andover, MA 01845 TYPING DATE: Aril 17, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Wednesday, at 7:30 PM upon the application of Little Professionals, Inc., Jim. Richards (treasurer), 7 Laconia Circle, for premises at: 2324 Turnpike Street, North Andover for dimensional Variance from Section 7, Paragraph 7.3 and Table 2, (Page FN -1, #1. 100' setback from Rte 114), Section 7, Paragraph 7.3 and Table 2, (50' setback from Sharpners Pond Road); and a Special Permit from Section 9, Paragraph 9.1 (Non -Conforming Use) and Section 4, Paragraph 4.132 #16 (1-1 Day Care Center by Special Permit) to allow for the construction of a day care center on a non -conforming lot. The said premise affected is property with frontage on the East side of Turnpike Street within the I-1 zoning district. . The following members were present: Walter F. Soule, Robert P. Ford, John M. Pallone, and George M. Earley. Upon a motion made by Joseph D. LaGrasse and 2°d by John M. Pallone, the Board voted to GRANT the request for dimensional Variances from Section 7, Paragraph 7.3 and Table 2 for relief of 25' from Sharpners Pond Road and for relief from Table 2, FN -I for 50' from the 100' setback from Route 114 right-of—way; and Special Permits from Section 9, Paragraph 9.1 in order to construct a new structure for a non -conforming use on a pre-existing, non conforming lot, and Section 4, Paragraph 4.132 #16 in order to operate a day care center in the I-1 zoning district. The Variance and Special Permit are granted on the following conditions: 1. The 2d floor is to be used for offices only, day care activities and children to be restricted to the first floor, only. 2. The plans numbered 1-6 to 6-6, dated 4/2/03, 5th revision be submitted to and subject to review by the Fire Department, Police Department, Division of Public Works, Conservation Commission, Board of Health, and Planning Board as listed in the Technical Review Committee Report dated April 15, 2003, concerning the Little Professionals, Inc. 3. The proposed playground protection berm, fencing, and landscaping rocks and trees be included in the Site Plan Review of the Planning Board. 4. The signage symbols shown on the Site Plan, sheet 3 of 6, revised 4/2/03 are not included in the approval granted in this decision. Voting in favor: Walter F. Soule, Robert P. Ford, John M. Pallone, and George M. Earley. Pagel of 2 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 NaT„ 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 N V The Board finds that the applicant has satisfied the provisions of Section 10, Paragraph 10.4 of thj zoning bylaw and that the granting of this variance will not adversely affect the neighborhood .or derogate .from the intent and purpose of the zoning bylaw; and Section 9, Paragraph 9.1 and Section 4, Paragraph 4.132 #16 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental to the neighborhood. 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 2003-054 Page 2 of 2 Town of North Andover Board of Appeals, Walter F. Soule, Vice Chairman Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 JAMES -MORGAN REALTY TRUST ONE, LLC Administrative offices: 7 Laconia Circle, North Andover, MA 01845-3304 Tel: 978.686.5215 • Fax: 978.686.5227 October 22, 2004 Town of North Andover 27 Charles Street North Andover, MA 01845 Re: Little Professionals Children's Center 2324 Turnpike Street North Andover, MA 01845 Excavation and Foundation Permit Dear Sir or Madam: In reference to our application for an excavation and foundation permit for the above referenced property, I understand that I am proceeding at my own risk as follows: 780 CMR: State Board of Building Regulations and Standards 111.13 The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire building or structure will be granted. I appreciate your consideration of our application. I understand that I need to have the proposed septic plan as well as any other aspect of the project that has yet to be reviewed approved prior to applying for a building permit, which at that time many or may not be approved. If you need any additional information in connection with this acceptance of risk or our project in general, please do not hesitate to contact me at 781.844.9064 orjim@littleprofessonals.com. Sincerely, 7\<0ZED es . Richards, CPA Managing Member of James -Morgan Realty Trust One, LLC & Treasurer of Little Professionals, Inc. w 0 LL a z 14 0 -0 c 0 4(0) caj 'D M :E m CU o V in c 3 N c 3 o m u likn 2 'D 'rn aj cc's wu cp 2 r.L mea cm o U - C. In Im VI: Vy '0 S 0 N 4) UD 12 m — tn a :a a Cs,O� t; �Ws Z 9 z 46 4L) C) Q O at J uo C aj i 5 m 0E m 0 ca 4o CL LL. > .moo u x W r 0 0 0 lu -0 4 2- 0 M c ui E0 0 C . 12.- V Vas as o CL 0.0 .0 o 0 -0 c 4(0) caj 'D M :E m CU o V in c 3 N c 3 o m u likn 2 'D 'rn aj 0 -0 c 4(0) caj 'D M :E m CU V in c 3 N c 3 o m u likn 2 'D 'rn aj cc's wu cp 2 mea o U - C. In Im Vy '0 S 0 N 4) UD 12 m — tn a :a a �Ws Z 9 z 46 4L) C) Q a' u at J uo C aj i 5 m e✓ 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS provisions. of .7.80 CMR in . case of . any false statement or - misrepr..esentation: of fact. in the application or on .the plans.on which the permit or approval was based. r - "2- he building official may issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed- statements have been filed.; complying with all of the pertinent'4 requirements of 780 CMR: Work shall be limited to that work approved by the partial approval and further work shall proceed only when the building permit is amended in accordance with 780 CMR 110.13. The holder of such,. permit for the foundation or other parts of a building or structure shall proceed , at the holder's own risk - with the, building operation :and. without assurance . that a permit for the entire building or structure will bel granted. - 111.14 Posting of permit: A true copy of the building permit shall be kept on the site of operations, open to public inspection during the entire time of prosecution of the work and until the completion of the same. 111.15 Notice -of start: At least 24-hour notice of start of work under a building permit shall be given to the building official. 780 CMR 112.0 DEMOLITION OF STRUCTURES 112.1 Service connections: Before a building or ,Itructure is demolished or removed, the owner or agent shall notify all utilities having service connections within the structure such as water, electric, gas, sewer and other connections. A permit to demolish or remove a building or structure shall not be issued until a release is obtained from the utilities, stating .that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner. All debris shall be disposed of in accordance with 780 CMR 11.1.5. 112.2 Notice to adjoining owners: Only when written notice has been given by the applicant to the owners of adjoining lots and to the owners of wired or other facilities, of which the temporary removal is necessitated by the proposed work, shall a permit be granted for the removal of a building or structure. 112.3 Lot regulation: Whenever a building or structure is demolished or removed, the premises shall be maintained free from all unsafe or hazardous conditions by the proper regulation of the lot, restoration of established grades and the erection of ADMINISTRATION the necessary retaining walls and fences in accordance with the provisions of 780 CMR 33. 780 CMR 113.Q CONDITIONS OF PEF mrr 113.1 Payment of fees: A permit shall not be issued until the fees prescribed in 780 CMR 114.0 have been paid. Compliance with code: The permit shall be a f 7'he e to proceed vvith:.the work and .shall not be. ued as authority to violatecancel or set aside ft'provisons of.780 CMR or any other law or regulation,- except as specifically. stipulated by modification- -or -legally granted variation as described in the application. Compliance with permit: -All work shall conform to the-" approved" application and the approved construction documents for which the permit has: been:- issued and any —approved s amendments - to the approved application' or the t; approved construction documents. MV 113.4 Compliance with site plan: All new work shall be located strictly in accordance with the approved site plan. 780 CMR 114.0 FEES 114.1 General: A permit to begin work for new construction, alteration, removal, demolition or other building operation shall not be issued until the fees prescribed in 780 CMR 114.0 shall have been paid to the department of building inspection or other authorized agency of the jurisdiction, nor shall an amendment to a permit necessitating an additional fee be approved until the additional fee has been paid. 114.2 Special fees: The payment of the fee for the construction, alteration, removal or demolition for all work done in connection with or concurrently with the work contemplated by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law or ordinance for water taps, sewer connections, electrical permits, erection of .signs and display structures, marquees or other appurtenant structures, or fees of inspections, certificates of occupancy or other privileges or requirements, both within and without the jurisdiction of the department of building inspection. 114.3 New construction and alterations: The fees for plan examination, building permit and inspections shall be as prescribed in 780 CNN 114.3.1 and the building official is authorized to establish by approved rules a schedule of unit rates for buildings and structures of all use groups and types of construction as classified and defined in 780 CMR 1, 3 and 6.. 2/7/97 (Effective 2/28/97) 780 CMR - Sixth Edition 23 10/22/2004 14:55 October 22, 2004 978-686-5227 JIM RICHARDS JAMES -MORGAN REALTY TRUST ONE, LLC Administrative offices: 7 Laconia Circle, North Andover, MA 01645-3304 Tel: 978.686.5215 a Fax: 978.686.5227 'town of North Andover 27 Charles Street North Andover, MA 01845 Re: Little Professionals Children's Center 2324 Turnpike Street North Andover, MA 01845 Excavation and Foundation Permit Dear Sir or Madam_ PAGE 01 in reference to our application for an excavation and foundation permit for the above referenced property, I understand that 1 am proceeding at my own risk as follows: 780 CMR: Stare Board of Building Regulations and Standards 111.13 The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire building or structure will be granted I appreciate your consideration of our application. I understand that 1 need to have the proposed septic plan as well as any other aspect of the project that has yet to be reviewed approved prior to applying for a building permit, which at that time many or may not be approved. If you need any additional information in connection with this acceptance of risk or our project in general, please do not hesitate to contact we at 781.844.9064 orjim@littleprofessonals.com. Sincerely, amen Richards, CPA Managing Member of James -Morgan Realty Trust One, LLC & Preasurer of Little Professionals, Inc, X ti 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS ADMINISTRATION provisions of Z80 CMR in. case of ,, *y,,;:false statement or W,misrepresentation.: of fact in-Ytl►e- application or;on,the plans,on..which the-permit.or approval -was based. he building official may issue a permit for the construction of foundations or the necessary retaining walls and fences in accordance with the provisions of 780 CMR 33. 780-GMR �1.13.OtCCiNI)TTIONSAF-PERMTT �: 113.1 Payment of fees: A permit shall not be issued until the fees prescribed in 780 CMR 114.0 have been paid. any other part of a building or structure before the construction documents for the whole building or Compliance with code The Pennrt shall be a - structure have been submitted, provided that license to be adequate, mformation,and;_detailed statements Have proceed withthework and shalL.iot r g as authority to v�oiate, cancel or set aside been::filed;com t with- all< of- tiie - erttnent MP g p jrO�ed any of the prbvisions�bf 780 CMR or.. any other law requirements of 780 CMR _�: Work shall be limited to or regulauori, except as specifically stipulated ,by that work approved by the partial approval and mom difications or legally granted. vanatio_n as further work shall proceed only when the building described m the application. permit is amended in accordance with 780 CMR 110.13. The. holder of such„ permit for the 4 CompLance with permit ' All work shall foundation or other pars of a building or structure conform to `the approv&,,, applicai on and the shall_. -proceed . at. the =holder's- own risk. -:with they approved construction documents for which, the burldmg= operation and.:without-assurance that a }:4 permit for•the -entire building or -structure will lie permit has.; been : issued. and aiy approved ` amendments: to the approved application or .the. granted-., . -approved construction documents: 111.14 Posting of permit: A true copy of the building permit shall be kept on the site of operations, open to public inspection during the entire time of prosecution of the work and until the completion of the same. 111.15 Notice of start: At least 24-hour notice of start of work under a building permit shall be given to the building official. 780. CMR 112.0 DEMOLITION OF STRUCTURES 112.1 Service connections: Before a building or ,Ftructure is demolished or removed, the owner or agent shall notify all utilities ' having service connections within the structure such as water, electric, gas, sewer and other connections. A permit to demolish or remove a building or structure shall not be issued until a release is obtained from the utilities, stating .that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner. All debris shall be disposed of in accordance with 780 CMR 111.5. 112.2 Notice to adjoining owners: Only when written notice has been given by the applicant to the owners of adjoining lots and to the owners of wired or other facilities, of which the temporary removal is necessitated by the proposed work, shall a permit be granted for the removal of a building or structure. 112.3 Lot regulation: Whenever a building or structure is demolished or removed, the premises shall be maintained free from all unsafe or hazardous conditions by the proper regulation of the lot, restoration of established grades and the erection of 113.4 Compliance with site plan: All new work shall be located strictly in accordance with the approved site plan. 780 CMR 114.0 FEES 114.1 General: A permit to begin work for new construction, alteration, removal, demolition or other building operation shall not be issued until the fees prescribed in 780 CMR 114.0 shall have been paid to the department of building inspection or other authorized agency of the jurisdiction, nor shall an amendment to a permit necessitating an additional fee be approved until the additional fee has been paid. 114.2 Special fees: The payment of the fee for the construction, alteration, removal or demolition for all work done in connection with or concurrently with the work contemplated by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law or ordinance for water taps, sewer connections, electrical permits, erection of .signs and display structures, marquees or other appurtenant structures, or fees of inspections, certificates of occupancy or other privileges or requirements, both within and without the jurisdiction of the department of building inspection. . 114.3 New construction and alterations: The fees for plan examination, building permit and inspections shall be as prescribed in 780 CMR 114.3.1 and the building official is authorized to establish by -approved rules a schedule of unit rates for buildings and structures of all use groups and types of construction as classified and defined in 780 CMR I, 3 and 6. 2/7/97 (Effective 2/28/97) 780 CMR -Sixth Edition 23 0 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS provisions_ of_ -.780 -CMR in case of any ,. false ;statement or.. misrepresentation- of fact..in -the application or. on the plans on which _the -permit or approval was based. IL i l'Approval:in-pat- rhe�official building ocial may issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided : that adequate information and detailed, statementshave been ;filedacomplying with all of the pertinent) requirements of 780.:CMR. , Work shall be limited to that work approved by the partial approval and further work shall proceed only when the building permit is amended in accordance with 780 CMR 110.13. The holder of such, permit for the foundation or other parts of a building or structure shall proceed -at the holder's own risk - with they building operation and. without assurance that aI permit for the entire building or structure will bel granted: 111.14 Posting of permit: A true copy of the building permit shall be kept on the site of operations, open to public inspection during the entire time of prosecution of the work and until the completion of the same. 111.15 Notice of start: At least 24-hour notice of start of work under a building permit shall be given to the building official. 780.CMR 112.0 DEMOLITION OF STRUCTURES 112.1 Service connections: Before a building or gtructure is demolished or removed, the owner or agent shall notify all utilities having service connections within the structure such as water, electric, gas, sewer and other connections. A permit to demolish or remove a building or structure shall not be issued until a release is obtained from the utilities, stating .that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner. All debris shall be disposed of in accordance with 780 CMR 111.5. 112.2 Notice to adjoining owners: Only when written notice has been given by the applicant to the owners of adjoining lots and to the owners of wired or other facilities, of which the temporary removal is necessitated by the proposed work, shall a permit be granted for the removal of a building or structure. 112.3 Lot regulation: Whenever a building or structure is demolished or removed, the premises shall be maintained free from all unsafe or hazardous conditions by the proper regulation of the lot, restoration of established grades and the erection of ADMINISTRATION the necessary retaining walls and fences in accordance with the provisions of 780 CMR 33. 780CMR 113:0 CONI)MONS OF PERMIT 113.1 Payment of fees: A permit shall not be issued until the fees prescribed in 780 CMR 114.0 have been paid. m C4inpliagce with code: The permit shallbe ae to' proceed.vith the, work and shall not be ,construed as authorityto violate, cancel or set aside any of the provisions of 780 CMR or:any other law or, regulation; except .as specifically stipulated ,by modification or legally granted variation as described in the application. .. 3 Compliance with -permit All work=shall conform to � "the' -approved application and the approved co_ nstruction documents' . for which the permit has been _sissued and - any approved # amendments "to the approved application or the Approved construction documents. 113.4 Compliance with site plan: All new work shall be located strictly in accordance with the approved site plan. 780 CMR 114.0 FEES 114.1 General: A permit to begin work for new construction, alteration, removal, demolition or other building operation shall not be issued until the fees prescribed in 780 CMR 114.0 shall have been paid to the department of building inspection or other authorized agency of the jurisdiction, nor shall an amendment to a perr ut necessitating an additional fee be approved until the additional fee has been paid. 114.2 Special fees: The payment of the fee for the construction, alteration, removal or demolition for all work done in connection with or concurrently with the work contemplated by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law or ordinance for water taps, sewer connections, electrical permits, erection of signs and display structures, marquees or other appurtenant structures, or fees of inspections, certificates of occupancy or other privileges or requirements, both within and without the jurisdiction of the department of building inspection. 114.3 New construction and alterations: The fees for plan examination, building permit and inspections shall be as prescribed in 780 CMR 114.3.1 and the building official is authorized to establish by approved rules a schedule of unit rates for buildings and structures of all use groups and types of construction as classified and defined in 780 CMR 1, 3 and 6. 2/7/97 (Effective 2/28/97) 780 CMR -Sixth Edition 23 Cd `I C%1 un cn Z oz °• G u " o Cn CA o Ol W d go LL ri 0C o vi. O o co o ; c a c a N c rn C «• vs t um p a ,v � � Z - 0 cs 7 �O c 3 Oa}J~ 3 > o 7 0 C o ro u c° 3 . ',=m C a 2 V c to M E '�j u rn qF as o. � GLA c a Q o '�c-o �mv` c c ' �a W G ��{. 0 o En lC M C� Ip ~ 3O n�C C — u C U �;o dN +LL E a ,= a 5 0- n in LU Lun = s ,O ;E o�� c J Z o r u U �g t m� w I$ W cn a w cm c O v wrx° Z O C. w w I C C' w 0 w°' -Cdo w a rA O CO cn H � UJ z 0— o ? w cm c O rA 0 Cd V Z O C. O y C I C C' H � UJ z 0— 0 U co =o c O V Z O C. O y C I C C' C H O 0 y C m m f1/ AV O� O dC C O a �a ♦ c O •C ZO � CO) Ea 1,16 ca C C m I V C;a CO) E C m i� o C4 ts cm WE E CD Z' 3 co C y W C c .E _O CLUm _= c � oQ N a C = �{i m V H Z m o CL co Q m o -3 o N W C O :Al r •� .y D +, C �... •_= O E C .. •N Z O LM L3 b. d C3 =O m� o = emo m cm O N t CD d w m 0 U co O c O V Z O C. O � y C I C C' V! 0 y m m 0 CD Z O� O C.2oa C O a �a c c O •C ZO O V 1,16 ca C C CL I V LU M LLI U) W W W U) TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCT REPAIR, RENOVATE, CHANGE THE USE OR OCCUPANCY OF, OR DEMOLISH ANY BUILDING OTHER THAN A ONE OR TWO FAMILY DWELLING MN�Kn— Section for Official Use O"nIV �. A BUILDING PERMIT NUMBER: DATE ISSUED - SIGNATURE: ld Buildin Commissioner/I or of Buildings Datol 1.1 Property Address: 1.2 Assessors Map and Parcel Number. I OR -A, Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Area (sf) Frontage (fi) 1.6 BUILDING SETBACKS (ft) Front Yard Side Yard Rear Yard Required Provide RN*ed Provided ReqWmd Provided 1.7 Water Supply M.G.L.C.40. 1.5. Flood Zone Information: 1.9 Sewerage Disposal System: Public 0 Private 0 zone — Outside Flood Zone 0 Municipal On Site Disposal System 0 IN .00,010-11,14,11 ni M111, 2.1 Owner of Record 3SES - "000,') Name (Print) t Address for Service: -791- SM-i06q ignature Telephone 2.2 Authorized Agent �oIe,S K. qla.".Ls Name Print Address for Service: L Signtore � Telephone 3.1 Licensed Construction Supervisor Not Applicable 0 H ( 1(—e Address I 7,02 15U 'tA , License Number Licensed, Con cti upervisor. apTelephone Expiration Date rr S' gnatu. 3.2 Registered Home Improvement Contractor Not Applicable 0 Company Name Registration Number Address Expiration Date Signature Telephone O M 0 M > Z 0 Z M 90 0 >._Dt 3 r - M Z G) ;a�c;�ivrt q x+�utcaisawc.�rmre�ae��sasn,�,a�ar is �sarn.� �cia}4�' �' e' 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. Siened affidavit Attached Yea .......0 No ....... 0 5.1 Registered Architect: Name: 010 --L;9n tcz,►eJ ToLlL-, �ecO Address Signature 4v3 . 2cj3.4693 Telbphone, I , ,I a ,`, Responsible in Charge of 1 Not Applicable ❑ Area of Responsibility Registration Number Expiration Date Name: Address: Signature Total Not applicable ❑ Registration Number Expiration Date Name: Address Signature Telephone Area of Responsibility Registration Number Expiration Date Nami~, Address Signature Telephone Area of Responsibility Registration Number Expiration Date Name �y Address e Signature Telephone Responsible in Charge of 1 Not Applicable ❑ J 01+I'0 P ;Q .. ]LTJ t . t k all sui r blel :', New Construction Existing Building 0 Repair(s) ❑ Alterations(s) ❑ Addition 0 Accessory Bldg. ❑ Demolition 0 Other ❑ Specify Brief Description of Proposed Work: 5JA4J C7 b, jr. 04M �2 J SC7 %A Iv r,f OR ❑ A-3 ❑ 0 ]A IB BUILDING AREA EXISTING if applicable) PROPOSED Number of Floors or Stories Include Basement levels Floor Area per Floors ppp pvv� Total Areas 5rw�2"9 P-0 0 ''L Total Height (ft) Independent Structural Engineering Structural Peer Review Required Yes 11?-' No ❑ SECTION 10a Owner Authorization - TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES POR BUILDING PERMIT I,Y, as Owner of the subject property Hereby authorize - IVCV6� V E �1 My behalf, in all matters relative two work . �--Vcy� by this building permit application to act on / IOIZS� Signa Owner Date USE GROUP Check as applicable)' CONSTRUCTION TYPE A Assembly 0 A-1 ❑ AA ❑ A-2 A-5 ❑ A-3 ❑ 0 ]A IB ❑ 0 B Business ❑ 2A 2B 2C 0 0 ❑ C Educational Q/ F Factory ❑ F-1 ❑ F-2 ❑ H High Hazard 0 3A 3B ❑ - 0 IInstitutional 0 I-1 ❑ I-2 ❑ I-3 ❑ M Mercantile 0 4 ❑ R residential ❑ R -I 0 R-2 0 R-3 ❑ 5A 5B ❑ ❑ S Storage 0 S-1 ❑ S-2 ❑ U Utility M Mixed Use S Special Use . 0 ❑ ❑ Specify: Specify: Specify: COMPLETE TIHS SECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS, ADDITIONS AND OR CHANGE IN USE Existing Use Group: Existing Hazard Index 780 CMR 34: Proposed Use Group: Proposed Hazard Index 780 CMR 34: BUILDING AREA EXISTING if applicable) PROPOSED Number of Floors or Stories Include Basement levels Floor Area per Floors ppp pvv� Total Areas 5rw�2"9 P-0 0 ''L Total Height (ft) Independent Structural Engineering Structural Peer Review Required Yes 11?-' No ❑ SECTION 10a Owner Authorization - TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES POR BUILDING PERMIT I,Y, as Owner of the subject property Hereby authorize - IVCV6� V E �1 My behalf, in all matters relative two work . �--Vcy� by this building permit application to act on / IOIZS� Signa Owner Date v AN �' �: 1, a» cS vt„ ,as Owner/Authorized Agent Hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and belief. . . ' Signed under the pains and penalties of perjury Print Name Si tore of Owner gent Date Item Estimated Cost (Dollars) to be Completed by permit applicant 1. Building 1 too, O O (a) Building Permit Fee Multiplier 2 Electrical 5 0 0 — (b) Estimated Total Cost of Construction from (6) 3 Plumbing j O � 3 Building Permit fee (a) x (b) 4 Mechanical (HVAC) gp Dom '� 00►���/ o� .. , I-- 5 Fire Protection 24 O O O 6 Total (1+2+3+4+5) 1 r gl D O O -� Check Number vv d„ iv NO. OF STORIES SIZE BASEMENT OR SLAB �/ a, 1 4>0 SIZE OF FLOOR TIMBERS 1 sr 2 ND RN SPAN o ep o .40DEMENSIONS OF SILLS DEMENSIONS OF POSTS DIMENSIONS OF GIRDERS HEIGHT OF FOUNDATION THICKNESS SIZE OF FOOTING x MATERIAL OF CBEVMY IS BUILDINU ON SOLID OR PILLED LAND IS BUILDING CONNECTED TO NATURAL GAS LINE IV N m N a Na m oo ;'w o 7. 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