HomeMy WebLinkAboutMiscellaneous - 25 CONCORD STREET 4/30/2018 (2)North Andover Auto 1304,
DAVID WHITE
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374 Osgood StreSt
North Andover, MA 01845
Phone (617) 683-6000
310 CMR 10.99
Form 5
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•-: - Commonwealth
E = of Massacnusetts
.
REG,.'
10,"t C E B R, A0, i� A W
T0WN 1^11E ;K
NORTH A.;, DOVER
SCP f 45 IAH, '95 'NO' 242-768
(To to mvrnw yr OEP)
Gty.Town North Andover
aaoi,cant Brickyard Realty T _j st
Order of Conditions
Massachusetts Wetlands Protection Act
O.L. c. 131, §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From North Andover
Te Brickyard Realty Trust SAME
(Name of Applicant)
(Name of property ownerl
Address 14Thnmacz Avenue, Methuen, MA Address SAME
01844
This Order is issued and delivered as follows:
❑ by hand delivery to aopiicant or representative o (date►
® by certified mail. return receipt requested on- sz�
This project is located at Lots 11, 12, &13 Concord St'raot
The property is recorded at the Registry of Northern Essex _
Book 1309 Page Fi51
Cendicate (if registered) _
The Notice of Intent for this project was filed on August 4 1 AA S (date)
The oublic hearing was closed on August 16, 1995 (date)
Findings
The North Andoiror Conservation Commission _ has reviewed the above -referenced Notice of
Intent anc atans ana has neid a puo6c neanns on She ::ro)e=t. Based on the information avaiiaole to the
NACC at this time. the NACC has oetermined that
the area on which the or000sed work is to be done is significant to the following interests in accordance with
the Presumotions of Significance set form in Site reguiatnons fol eacn Area Sub►ect to Protecton Uncer the
Act (c.`:eck as aporoonate): Ch.178 prevention of erosion and sedimentation
Pubiic water suoaly Flood control '[3 Land containing shellfish
Private water supply Storm gamage prevention ( Fisheries
Groundwater supply Prevention of pollution Protection of wildlife habitot
Total Fling Fee Submttted h' 178 d ' f e State Share ►cation
fee in excess c', 52S}
CityiTown Share ' $137.50 (
Total Refund Due 5 City/Town Portion 5 State Portion 5
('/z total)
=14o_-•ve 1 VI E9
('/z total)
Town of
NORTH ANDOVER
DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
MEMO
TO : Chief William Dolan
FROM : Richard P. Doucette
DATE : August 31, 1989
RE : Complaint from Mr. Kratz
120 Main Street
North Andover
Massachusetts O 184S
(S08) 682-6483
I have spoken previously with Mr. Kratz and visited his lot. My
involvement was requested by the Building Inspector since Mr.
Kratz was proposing filling on his lot, which was an isolated
wetland. I gave Mr. Kratz my clearance for his filling project
but informed hirn (and the DPW) that this project would very
likely promote flooding along Wayne St.
The only concern of Mr. Kratz that I have any jurisdiction over
is the possibility of contaminated runoff leaving the North
Andover Autobody site. My major concern would be petroleum
products and other automotive contaminants (antifreeze,
transmission fluid, power steering fluid, etc.) entering the
groundwater and/or Cochichewick Brook. My concerns would be
alleviated if an MDC gas trap were installed along Wayne St. and
a Cape Cod berm were installed around the entire edge of the auto
body shop's parking lot to direct the runoff into this gas trap.
I have no idea if the business in question could be required to
pay for such a structure. You may wish to contact the DPW for
more information.
You may also wish to speak with the Town Planner regarding
zoning. The auto body shop may be in violation of some zoning
provisions regarding screening, landscaping and noxious furnes:
Sect ion 4. 130 (4) & (7).
Section 8.4
Please do not hesitate to contact roe if I can be of further
assistance.
CC : Chris Huntress
OF NOR"1
OFFICES OF:
BUILDING
o
CONSERVATION
; _:-''�•' 9
'Ss,c„,;s
HEALTH
PLANNING
Town of
NORTH ANDOVER
DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
MEMO
TO : Chief William Dolan
FROM : Richard P. Doucette
DATE : August 31, 1989
RE : Complaint from Mr. Kratz
120 Main Street
North Andover
Massachusetts O 184S
(S08) 682-6483
I have spoken previously with Mr. Kratz and visited his lot. My
involvement was requested by the Building Inspector since Mr.
Kratz was proposing filling on his lot, which was an isolated
wetland. I gave Mr. Kratz my clearance for his filling project
but informed hirn (and the DPW) that this project would very
likely promote flooding along Wayne St.
The only concern of Mr. Kratz that I have any jurisdiction over
is the possibility of contaminated runoff leaving the North
Andover Autobody site. My major concern would be petroleum
products and other automotive contaminants (antifreeze,
transmission fluid, power steering fluid, etc.) entering the
groundwater and/or Cochichewick Brook. My concerns would be
alleviated if an MDC gas trap were installed along Wayne St. and
a Cape Cod berm were installed around the entire edge of the auto
body shop's parking lot to direct the runoff into this gas trap.
I have no idea if the business in question could be required to
pay for such a structure. You may wish to contact the DPW for
more information.
You may also wish to speak with the Town Planner regarding
zoning. The auto body shop may be in violation of some zoning
provisions regarding screening, landscaping and noxious furnes:
Sect ion 4. 130 (4) & (7).
Section 8.4
Please do not hesitate to contact roe if I can be of further
assistance.
CC : Chris Huntress
KAREN H.P. NELSON, DIRECTOR
August 15, 1989
Mr. Francis J. Kratz
Concord Condominiums
P.O. Box 21
North Andover MA 01841
Dear Mr. Kratz:
This letter is a follow-up to my recent site visit to your
property on 21-23 Concord St. North Andover. It is my opinion
that no wetland resource areas, as defined under the
Massachusetts Wetlands Protection Act, exist on your property.
This is based on my visual inspection of the property and review
of our files. Our files include a Negative Determination of
Applicability for the adjacent property at Lot B Camden St. This
Negative Determination means that there are no wetland resource
areas within 100' of Lot B. Your land could be defined as
'Isolated Land Subject to Flooding' but is not large enough to be
protected under the Wetlands Protection Act. Therefore, the
Conservation Commission has no jurisdiction over work on this
lot.
In regards to your claims of increased flooding being caused
by your abutters, this is not fully correct and is not a matter
for the Conservation Office to become involved with. Based on
interpretation of photos in our files, your back yard has flooded
for many years and actually held a small body of water as late as
November 1986. Your property floods because it is an isolated
low spot. The rate and volume of runoff have likely been
increased by adjacent development over the years but your problem
should be solved by raising the level of your property. Be
advised that the filling of your land will displace some surface
water and flood portions of Wayne St. and possibly your abutters'
property since the catch basin on Wayne St. seems to be a few
inches higher than the rear of your lot. This possibility of
increased flooding may be a concern for the DPW.
Sincerely,
_�, e " __F ph, iA_
Richard P. Doucette
Conservation Administrator
CC: Bob Nicetta, Building Inspector
William Cyr, Superintendent of Operations, Utilities & Equipment
OF NOH{{,
1ti
`
Town of
Main Street
OFFICES OF:
o?
'
120
North Andover
BUILDING
NORTH ANDOVER
CONSERVATION
_: 5'
,SSS°"
Massachusetts 01845
HEALTH
5`
DIVISION OF
(508) 682-6483
PLANNING
PLANNING
& COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
August 15, 1989
Mr. Francis J. Kratz
Concord Condominiums
P.O. Box 21
North Andover MA 01841
Dear Mr. Kratz:
This letter is a follow-up to my recent site visit to your
property on 21-23 Concord St. North Andover. It is my opinion
that no wetland resource areas, as defined under the
Massachusetts Wetlands Protection Act, exist on your property.
This is based on my visual inspection of the property and review
of our files. Our files include a Negative Determination of
Applicability for the adjacent property at Lot B Camden St. This
Negative Determination means that there are no wetland resource
areas within 100' of Lot B. Your land could be defined as
'Isolated Land Subject to Flooding' but is not large enough to be
protected under the Wetlands Protection Act. Therefore, the
Conservation Commission has no jurisdiction over work on this
lot.
In regards to your claims of increased flooding being caused
by your abutters, this is not fully correct and is not a matter
for the Conservation Office to become involved with. Based on
interpretation of photos in our files, your back yard has flooded
for many years and actually held a small body of water as late as
November 1986. Your property floods because it is an isolated
low spot. The rate and volume of runoff have likely been
increased by adjacent development over the years but your problem
should be solved by raising the level of your property. Be
advised that the filling of your land will displace some surface
water and flood portions of Wayne St. and possibly your abutters'
property since the catch basin on Wayne St. seems to be a few
inches higher than the rear of your lot. This possibility of
increased flooding may be a concern for the DPW.
Sincerely,
_�, e " __F ph, iA_
Richard P. Doucette
Conservation Administrator
CC: Bob Nicetta, Building Inspector
William Cyr, Superintendent of Operations, Utilities & Equipment
Mr. Richard Doucette
North Andover Conservation Commission
North Andover Town Hall
North Andover, Massachusetts 01845
August 13, 1989
Dear Mr. Doucette,
Enclosed are photocopies of photographs illustrating that
the parties responsible for the flooding of our property are the
Town of North Andover and Mr. David White, owner of North Andover
Auto Body. The photographs show that the water runoff comes from
two sources: 1. runoff from Osgood Street and Mr. White's
Driveway, and 2. runoff from Wayne Street and Town Garages.
Both Mr. White's Driveway and Wayne Street were
deliberately engineered and built to force water runoff onto our
property. Mr. White in approximately 1986/87 added an extension
to his already existing driveway. This extension is sloped
in order for water runoff to drain on Princeton Street which
eventually backs up and floods my property. The water runoff from
Wayne Street also floods my property as the nearest drain or
catch basin is on the corner of Camden and Wayne Streets.
The attached photographs were shot on August 13
approximately 4:45-5:00 PM and were developed in the same
afternoon at ASA Photo in North Andover. They were taken during a
lull in the rainstorm.
Mr. Barry Burbank, Meteorologist with Channel Four stated at
6:12 PM during the August 13 broadcast that approximately 2.3-
7.4" of rain fell during that 24 hour period and that they were
monsoon type rains. If our property was the source of the problem
water would be running uphill.
Mr. Doucette, it has been a pleasure dealing with a
professional such as yourself. I hope that our efforts proving
that we are in no way responsible for Mr. Cyr's and Mr. White's
problem. We will take your advise in planting shrubs on the south
and east sides of our property after leveling the soil on our
property which will replace the soil which had been eroded by the
flooding from Wayne Street and Mr. White's driveway. As far as
myself, family and Ms. Betsey Tan (23 Concord St) this matter is
resolved to our satisfaction.
Sincerely,
�:� r•ranci .
Chairma of the
Concor Co do
mi
P.O. ox 1
North dower,
cc Ms. Betsey Tan, Mrs. Judi Kratz, Mr. David F. Kratz
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Assignment of Lease
The undersigned, being both the Lessor and Lessee of a
portion of the rear of the premises of the Concord Condominium,
which said lease is fully set forth in Appendix A to the Master
Deed of The Concord Condominium, dated August 15, 1985, recorded
with Essex North District Registry of Deeds, Book 2028, Page 80,
do hereby irrevocably assign and transfer all interest in said
lease to Francis J. Kratz and Judi M. Kratz as joint tenants.
In Witness Whereof, the President and Treasurer of the
undersigned Lessee does hereby set his hand and affix the
corporate seal this 25th day of*May, 1988.
Robert Construction Co.
R.dbert Bennett, Pres. and Treas.
,Obuly Authorized -
In Witness Whereof, the Lessor does hereby set his hand
and seal this 25th day of May, 1988.
a
P 073 137 7-62
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
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Return Receipt Shouting
to whom arid [Ze ivered <<.
14 Return receipt' 0wi
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m Date, and Addrdsr, &-�,D iv.�ry
TOTAL Postage and Fees g
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The Commonwealth of Massachusetts
Deptartment of Environmental Quality Engineering
Mr. David Labraode
5 Commonwealth Avenue
Woburn, MA 01801
Dear David,
In regard to our phone conversation August 9th, 1989
referring to my complaint of August 8th, 1989 against the North
Andover Auto Body, 374 Osgood Street, North Andover,
Massachusetts. As in our conversation I agreed with you that
pollutants from their shop can not be detected by odor at times,
however they are there. Mr. White has ignored my request of
July of 1988 in regard to the toxic pollutants coming from his
shop.
My 10 month old grandchild became ill from the toxic fumes
coming from his shop on August 5th, 1989 and for the past 5
years or more, we too have suffered from the toxic fumes coming
from his Auto Body Shop. When you checked the area did you
do so with a Gas Chromatography or Mass Spectrometry or other
equipment to identify the problem?
I feel you were prompt in responding to our complaint,
however I do not feel that using our own body senses to identify
over a 150,000 possible pesticides, petrochemicals or other
pollutants is professional nor a means to identify a problem
such as this. Mr. White continues to pollute the air in this
populated area.
Mr. White is not only polluting the air, but with 12 to
20 cars damaged in acccidents in any given week leaking oil,
grease, and petroleum, the soil in our back yard is also satiated
with pollutants that are leaking from these vehicles. We are
asking the University of Boston to quantify the amount and types
of chemicals in our soil.
I am filling this complaint in writing so we may have a
complete examination of the problem. Remember the venting is
better than 14' above ground without any downward direction
through cowling. We believe that to be in true compliance with
the law, Mr. White should at the very least direct his
polluting chemicals in another direction that would not affect
the residents in this neighborhood. Please advise me as to
the action you intend to take.
V
As soon as we receive the analyses of the soil, we will
advise you the result. We hope the toxic fumes can be taken
care of as soon a possible.
SSinc ely`
r. F nc�
ups,
J. Krat
P . ' O.,-5ox 21
North Andover,
508-794-3128
MA 01845
CC. National Toxics Campaign Fund.
<3
Sz f��►ld�-
� A6.
Q ,sys
5-74 09�oei
�, r1nGdICf1%�. O/�S
OFFICES OF: a��' °°m Town Of
APPEALS NORTHANDOVER
BUILDING �,'` •e':�'g
CONSERVATION @g"CNu DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
April 15, 1988
Dear
I '
120 Main Street
North Andover,
Massachusetts O 1845
(617) 685-4775
This letter is in reference to the meeting held the morning
of April 8th. It was agreed at that meeting, that work to correct the
drainage problems on Camden Street would be undertaken by Mr. Enright,
Mr. White, and Mr. Bennett.
JL/mlb
This work should be completed by the end of the summer.
Please contact me if you have any questions about this project.
11/ At
� r
Sincerely,
NORTH ANDOVER CON ERVATION COMMISSION
l �
Jack Lindon
Chai man
b '
OFFICES OF:
APPEALS
BUILDING
CONSERVATION
HEALTH
PLANNING
Dear
P yORT/�
Town of
ems: NORTH ANDOVER
CH
DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
March 23, 1988
120 Main Street
North Andover,
Massachusetts O 1845
(617) 685-4775
The North Andover Conservation Commission would have
a final meeting to resolve the issues on Camden Street. A comprehen-
sive plan will be developed, and with your cooperation, this maybe
rectified by the time the Spring rains start to fall.
I would request that you attend our next meeting,
scheduled for April 6th 1988, at 7:30 P.M. to discuss the course of
action.
Would you kindly contact me at 683-7105, to discuss this
prior to the meeting.
Sincerely,
NORTH ANDOVER CONSERVATION COMMISSION
Nancy J. Sullivan
Conservation Administrator
C: Buddy Cyr
NJS/mlb
AUG i o 1!
N AVC
MASTER DEED
OF
THE CONCORD CONDOMINIUM
Copy
Ai'Ty. DANIEL P. KILEy JR.
THIS MASTER DEED is made this day of July, 1985 by ROBERT
BENNETT of 52 Hemlock Street, North Andover, Massachusetts (some-
times hereinafter called the "DECLARANT") for the purpose of sub-
mitting certain property to the provisions of Chapter 183A of the
General Laws of the Commonwealth of Massachusetts (hereinafter called
the "ACT") .
WHEREAS, DECLARANT is the sole owner of a certain parcel of land
in North Andover, Essex County, Massachusetts, together with all im-
provements now or hereafter placed thereon shown as Lot A-1 on plan
of land in North Andover, Massachusetts, recorded in the North Essex
Registry of Deeds as Plan #8985 and more particularly described in
Appendix A hereto on which the Decldrant has constructed a project
known as The Concord Condominium , and WHEREAS, Declarant intends to
sell and convey Condominium Units in said project subject to certain
mutually beneficial restrictions, covenants, conditions, equitable
servitudes and charges which it desires to impose thereon under a
general plan of improvement of said project for the benefit of all
said Condominium Units and the future Owners thereof;
NOW THEREFORE, Declarant hereby declares that all of the premises
described in said Appendix A hereto, including all of the Condominium
Units and other improvements located and to be located thereon, and
all easements, rights, and appurtenances belonging thereto, and all
personal property now or hereafter used in connection therewith are
hereby submitted to the provisions of the Act and are held and shall
be held, conveyed, encumbered, leased, used, occupied and improved
subject to the following restrictions, conditions, used, limitations,
and obligations, all of which are declared and agreed to be in fur-
therance of a general plan for the improvement of the aforesaid
premises and the division of said premises into Condominium Units and
said restrictions, covenants, conditions, used, limitations and
obligations are intended to enhance and protect the value and desir-
ability of the said
saidpremises as a whole, and to mutually benefit each
iI i_, _ e.. C 4. ' 2.rE'_
in, and to
create mutual equitable servitudes upon each of said Condominium Units
in favor of each and all other Condominium Units therein, to create
reciprocal rights and privity of contract and estate between all
persons acquiring or owning an interest in any of said Condominium
Units, including Declarant, and its grantees, successors and assigns,
and shall be deemed to run with the land and be a burden and benefit
to all such persons, including Declarant, its grantees, successors
and assigns.
1. Definitions.
Certain of the terms as used in this Master Deed and in the
COPY
AnY. DANIEL P. KILEY 18.
By -Laws are defined and shall have meaning as follows, unless the
context clearly indicates a different meaning therefor.
(a) "Master Deed" means this instrument.
(b) "Declarant" means Robert Bennett of 52 Hemlock
Street, North Andover, Massachusetts, who has made
and executed this deed.
(c) "Act" means Chapter 183A of the General Laws of
the Commonwealth of Massachusetts.
(d) "Concord Condominium" means the premises described
in Appendix A hereto, including land, all buildings and
other improvements and structures now or hereafter there-
on, all easements, rights and appurtenances belonging
thereto, and all personal property now or hereafter
in connection therewith, which have been or are in-
tended to be submitted to the provisions of the Act.
(e) "Unit" or "Condominium Unit" means a part of the
Condominium intended for independent ownership, in-
cluding one or more rooms or enclosed spaces located
on one or more floors of the building in THE CONCORD
CONDOMINIUM, and with a direct exit to a Common Area
leading to a public street, together with an undivided
interest in the Common Area and all easements, rights
and appurtenances belonging thereto.
(f) "Common Areas and Facilities" or "Common Area"
means:
The foundations, columns, girders, beams, sup-
ports, party walls, common walls, main walls, roofs,
halls, corridors, lobbies, public stairs and stair-
ways, fire escapes and entrances and exits of the
Buildings;
Installations of central services such as power,
light, gas, hot and cold water, heating, refrigeration,
r "Zt=-1: ioning and inci era*:gin g;
The tanks, pumps, motors, fans, compressors, ducts,
and in general all apparatus and installations existing
for common use;
The land on which the Buildings are located;
The basements, yards, lawns, gardens, recre-
ational facilities, parking areas and storage spaces;
Such community and commercial facilities as may'
be provided for in the Master Deed as being owned in
common; V
C 0,1 Py
2 - ATTY. DANIEL P. KILEY Jk
All other parts of the
convenient to its existence,
or normally in common use.
Condominium necessary or
maintenance and safety,
(g) "Owner" means any person or persons or other
entity owning a Unit in fee simple absolute together
with an undivided interest in fee simple in the
Common Area.
(h) "CONCORD Condominium Association" or "Association"
means the unincorporated association of Condominium
Unit Owners organized pursuant to the provisions of the
By -Laws which are annexed hereto as Appendix C hereof,
and which will manage and regulate The CONCORD Con-
dominium pursuant to said By -Laws of the Association,
This Master Deed and the Act. Membership in the Associ-
ation is appurtenant to ownership in The CONCORD Con-
dominium and shall not be severale in any manner from
such Unit.
(i) "Board" or "Board of Directors" means the govern-
ing body The CONCORD Condominium Association and of the
CONCORD Condominium elected pursuant to the By -Laws
thereof.
(j) "By -Laws" means the By -Laws of the Association
which have been adopted by the Board and amendments
to such as are from time to time enacted, those
originally adopted being set forth hereinafter in
this Master Deed.
(k) "Officers" or "Officers of Association" means
the officers elected by the Board to serve as such.
(1) "Condominium Rules" means such rules and regu-
lations as the Board may adopt relative to the use
The CONCORD Condominium, or any part thereof, as the
same may be amended pursuant to the terms hereof and
of the By -Laws.
(,u) 6(j.:.tTion Expe ":yes" z_.... IS incurred
by the Association for the purpose of administra-
tion, maintenance, repair and replacement of Common
Area, and for other lawful purposes as provided for
herein and in the By -Laws.
(n) "Condominium Site Plan, The CONCORD" means the>=
land as shown on that certain site plan entitled
Y
"Condominium Site Plan The CONCORD", prepared by
John A. McElhinney, together with the improvements
a.
.now or hereafter located thereon and filed herewith.
0
2. Information Required by Section 8 of the Act.
(a) Application of the Act.
The Declarant proposes to create a condominium
-3-
project to be governed by and subject to the provi-
sions of the Act.
(b) Description of Land.
A escription ol t e land on which the Buildings
and other improvements in The CONCORD Condominium are
located is contained in Appendix A to this Master Deed,
which is hereby made a part hereof.
(c) Description of Buildings.
The building is a two story wood frame building
containing two townhouses with basement and garage
therein in each unit.
(d) Description of Units.
The main -building contains two units which are
numbered 1 and 2. The following descriptions apply
to said Units:
UNIT #1 is situated on the westerly side of the build-
ing nearest Concord Street) consisting of a basement
and two levels. The first level contains a kitchen,
dining room, living room and one-half bath. The second
level consists of three bedrooms and two baths. The
basement consists of utility room and one car garage.
The total area of the two levels and basement -garage
consists of 2,520 square feet more or less.
UNIT #2 is situated on the easterly side of the build-
inconsisting of a basement and two levels. The first
level contains a kitchen, dining room, living room and
one-half bath. The second level consists of three
bedrooms and two baths. The basement consists of
utility room and one car garage. The total area of
the two levels and basement -garage consists of 2,520
square feet more or less.
(e) Further Description of Units.
T e turther description o the Units, as here-
inafter set forth, are applicable to the Units in
he CO'JCORD CONDO; INTTn�1. The boundaries of each
Unit are the unfinished interior surfaces on its
perimeter walls, floors, ceiling, windows and window
frames, doors and door frames and trim; each Unit
includes the portion of the Building (in which it is
located) within said boundaries and the space which
is enclosed by said boundaries, excepting any Common
Area which may be located within said boundaries.
The layout of each Unit and locations of the
rooms in such are shown in the floor plans recorded
'herewith.
(f) Description of Common Area.
The Common Area, subject to the definition in
-4-
"I
ATTY. DANIEL P. KREY JR.
Article 1.(f) of this Master Deed, includes, but not
by way of limitation: (a) the land on which the
Building (which contains the Units) is located as
more particularly described in Appendix A hereto,
Together with the benefits of and subject to rights
and easements therein set forth, (b) the yards,
lawns, gardens, trees, shrubbery, and other plan-
tings, parking areas for vehicles, driveways, road-
ways, sidewalks, walkways and other improvements
thereon, subject, however, to such exclusive rights
and easements appurtenant to Unit as are hereinbe-
fore set forth and as may, pursuant to other provi-
sions hereof, be established, (c) the foundations,
columns, beams, girders, and supports, exterior
walls and roofs of the Building, the perimeter walls
around each Unit and the ceiling and floors above
and below the living levels of the Units to the
unfinished interior surfaces thereof, and any other
walls, ceiling, and floors which are not within a
Unit, (d) all conduits, ducts, pipes, plumbing,
wiring and other utility installations to the out-
lets, including all such facilities contained within
any Unit which serve part of the Condominium other
than the Unit within which such facilities are con-
tained, and all apparatus and equipment existing for
common use, and (e) all other parts of The CONCORD
CONDOMINIUM (exclusing Units) including such per-
sonal property as is necessary or convenient to its
existence, maintenance and safety or normally in
common use.
The proportionate interest percentage of each
Unit in the Common Area is set forth in Appendix B
hereto.
(g) Floor Plans.
Contemporaneously with the recording of this
Master Deed, there is being recorded a set of floor
plans of the Building in the C014CORD CONDOMINIUM
showing the layout, location, Unit numbers and
dimensions of the Units comprising such by stating
tliereon the number designation of the Units in such
Building, and bearing the certified statement of a
registered engineer certifying the said Plans fully
and accurately depict the layout, location, Unit
numbers and dimensions of the Units, as built, which
Floor Plans are entitled: "Condominium Floor Plans
The CONCORD", by John A. McElhinney.
(h) Statement of Purpose and Use.
The CONCORD CONDOMINIUM is intended for resi-
dential use and the following provisions, together
with the provisions of the Condominium Rules, if
amendments creating same are filed pursuant hereto,
are in furtherance of this purpose.
(1) Each Unit shall be occupied and used only for
private residential purposes by the Owner and his
family or by lessees or guests of the Owner, except
for such limited professional use as the Association
(acting through its Board of Directors), upon appli-
cation of the Owner, from time to time may authorize
as not being incompatible with the residential
character of The CONCORD CONDOMINIUM. This restric-
tion shall not be construed to prohibit Owners from
leasing their Units so long as the lessees thereof
occupy and use the leased premises in accordance with
the provisions hereof.
(2) The Common Area shall not be used in a manner
which is inconsistent with the residential character
of the Condominium. No one shall obstruct, commit
any waste in, or otherwise cause any damage beyond
reasonable wear and tear to the Common Area.
Nothing shall be stored in the Common Area without
the prior written consent of the Board. Nothing
shall be altered, constructed, or removed from the
Common Area without the prior written consent of the
Board.
(3) No noxious or offensive use shall be made of
any part of the Condominium, and nothing shall be
done therein which is or will become an annoyance or
nuisance to the other Unit Owners. No use shall be
made of any part of same which shall constitute a
fire hazard or which shall result in the cancella-
tion of insurance on any part of the Condominium, or
which is in violation of any law or governmental
regulation applicable thereto. No use shall be
made of any part of the Condominium which shall
increase the rate of insurance on the Common Area
without the prior written consent of the Associa-
tion.
ssocia-
tion.
(4) No signs (except as provided in subparagraph
(6) hereof), clotheslines, television antennas,
refuse or loose clothing or similar materials or
equipment shall be hung, posted, or otherwise placed
as to be within the public view or within the view
of other Unit Owners, without the prior written
consent of the Association.
(5) No animals, livestock or poultry shall be kpet
anywhere within the Condominium, except that dogs or
cats or other household pets may be kept in Units
with the prior written consent of the Association,
which consent may be withdrawn whenever any such
cr�py
-6- ATTY. DA 18- K VJLEY
household pet becomes a nuisance to other Owners,
and which consent shall be subject to the Condomi-
nium By -Laws.
(6) Declarant shall be deemed to be the Owner of
any Units which have been submitted to the provi-
sions of the Act hereby, but not sold, and may make
such use of such unsold Units as may facilitate the
completion of or rehabilitation of any of said Units
as may be deemed necessary by Declarant, and the
sale of same, including but not by way of limitation
the generality of the foregoing, the right to enter
all Units and Common Areas for the purpose herein
set forth, and the storing of materials, the main-
taining of sales offices and model units, the
showing of property and the displaying of signs.
Declarant further shall have, and to the extent
required hereby, reserves the right for him, his
successors and assigns, to install, repair, replace
and maintain, now and in the future, drain lines,
electric and water lines, pipes and conduits for all
types of utilities, not only as hereinafter serving
the premises, so-called, including the right to
grant all such rights to others, including, but not
by way of limitation, adjoining land owners, and
utility companies under and across the entire
premises of the Condominium, all as described in
Appendix A hereto anneced, and all streets and ways
abutting thereto.
(7) The Association through its Board of Directors
is empowered to adopt and amend from time to time
Condominium Rules concerning the use of the Common
Area and Facilities of the Condominium and various
parts thereof, which Rules shall be furnished in
writing to all Owners, and which Rules shall not be
violated.
(8) The consents of the Association referred to in
-is 7,q -«graph (j) may be ithdra<<m by the Board of
said Association whenever it deems.such withdrawal
to be in the best interest of the Condominium.
(9) All Units shall be heated at all times so as to
maintain minimum temperatures in such Unit of 45
degrees Fahrenheit, so as to avoid the freezing of
pipes, plumbing facilities and the like. If any
Unit Owner fails to so maintain a 45 degree temper-
ature as aforesaid, the Association shall have the
right of access to each Unit at any time in order to
increase the heat in order to maintain such minimum
AM. DANIEL P. KILEY J))
-7- .
temperature, or in order to repair any damage caused
by the failure to maintain the temperature as afore-
said; any heating bills thus incurred, or any repair
bills thus incurred shall be paid by the applicable
Unit Owner, and until so paid, shall constitute a
lien against such Unit pursuant to Section 6 of the
Act.
(10) Owners, guests, occupants and lessees of Units
will be expected to reduce noise levels after 10:00
PM so that neighbors are not disturbed. At no time
are musical instruments, radios or televisions to be
so loud as to become a nuisance.
(11) There shall be no use of or activity in any
Unit or in the Common Area of the Condominium which
shall be in violation of any governmental law,
ordinance, rule or regulation.
Owners shall be responsible for actions of
their children, guests and other occupants.
(12) The Association may retain a duplicate key to
each Unit. No Owner may alter any lock or install a
new lock on any door leading into the Unit of such
Owner without the prior written consent of the Board
of said Association. If such consent is given, the
Ownet shall provide the Association with a new
duplicate key for its use. It is not intended that
an Owner's privacy be thus intruded upon, and such
key shall not be used except in a personal or pro-
perty emergency.
(i) Encroachments.
None of the rights and obligations of the
Owners created herein, or in any deed conveying a
Unit from the Declarant to a purchaser thereof,
shall be altered in any way by encroachments as a
result of construction of any structures or due to
settling or shifting of structures. There shall be
valid easements for the maintenance of such.
encroachments so long as they shall exist; provided,
however, that in no event shall a valid easement for
encroachment be created in favor of any Owner or
Owners if said encroachment occurred due to the
willful conduct of said Owner or Owners.
If any protion of the Common Areas and Facili-
ties now encroach upon any Unit, or if any Unit now
encroaches any other Unit or upon any protion of the
Common Areas and Facilities, or if any such
encroachment shall occur hereafter as a result of (a)
settling or shifting of a Building, or (b) altera-
tion or repair of the Common Areas and Facilities
MENNEN*L•I�i
-8- ATTY. DANIEL P. KILEY JR,
Of the Association, or
or with the consent or other
a
made by o f repair or res'., by fi e
{c) as a result ation or
or any Unit after daofgcondemn shall
Building or (d) as a result easement
ros dregs , a valid
casualty, for the maintsya ds.
eminent domain Pand
exist for suers long ashthetaffected Building
of the same
be amended by the vote of
(J) Amendments' Deed may 3%
j is Master per cent -n more
two-thirds (66 2/ ) P Owners)
sixty-six and power of all members
voting P amendment
of the total Ce with the provis visions hereof and °
cast in accordan meeting, sixty -Six and
Laws or in lieu of a signed by
the By- a writing sib of common
may be adopted by
3a per cent or more
two-thirds (66 2members (owners).
interest of all Ding, any amendment
the foregoing, dimension or
Notwithstanding configurationp di en valid
affects the size, Unit shall
notwhich all members (Owners)
percentage interest of any writing by
unless approved roved in first mortgages °f Units of record*
and by Amend b Declarant.
Ri hts to °Ding, Declar-
(k) Reservation of t e ore„
notwithstan ing ns with respect to the
Further assig Appendix
ant, its successors and A hereto,
of land as described in Unit- Owner , may,
at
parcel the consent of any designated in
and without to the time period amend the
any time Prior the By-Laws,all
Section 2 °f the Act
Article III, n such amendment sired by the c
Deed - and Y u
Master Provisions as req
particulars and P reserved shall
ht to amend as herein amend this
The rig rights to correctively as are reason -
include such
Master Deed and related tins . then intent hereof and
ably necessary tOnstru�ents.
Of such related effec-
Master Deed shall be
to the with Essex
No amendment it is recorded
tive unless
std ul . stry of Deeds.
North of Owners
and Association t is
(1) Name of CondominiTo� ect esta is e CONDOMINIUr1
The Con ominium P as THE CONCORD
to be known elate the Condominium
Master Deed ers will manage and reg which has been
The Unit ownersWc unincorporated association pursuant to
through an Laws P. "THE
formed, The name c the Association ist T"
and which has enacted Y1 Until the
Chapter 183A . Section 2 of the
CONCORD CONDOM N MnAARticlelo II,
period designer
tedOR ep%
C r-% r
Y
Am. Darin. P.Y .l°
By -Laws, and thereafter until its successors have been
elected by the Owners, the Declarant, or representatives
of the Declarant, shall hold all of the positions of
Directors. The Declarant shall have the option at any
prior time to relinquish said positions. The original
Board of Directors of the Association shall be Robert
Bennett and Linda A. Jeffery. Their terms of office
shall all expire as stipulated in Article III, Section
2 of the By -Laws.
Said Association's duties and powers are set
forth in said By -Laws, this Master Deed, and all
governing statutes, together with such other powers
and duties as may be reasonably implied to effect
the purposes of,the Association and this Master
Deed. In the event of any conflict or inconsistency
between this Master Deed and said By -Laws, the pro-
visions of this Master Deed shall prevail, and the Unit
Owners, by acceptance of a Unit Deed, thereby convenant
to vote in favor of amendments to such By -Laws or other
rules or regulations to remove any such conflict.
The Association's powers and duties shall be exer-
cised pursuant to the By -Laws, including but not limited
to those rights and duties of said Association which are
granted under the provisions of this Master Deed.
3. Unit Values and Related Percentages.
The percentage of undivided interest in the Common Area
appertaining to each Unit and the said percentages of those
Units and all other Units is set forth in Appendix B hereto.
Said percentages have been determined on the basis of the ap-
proximate relation which the fair value of each Unit on the date
hereof bears to the aggregate fair value of all Units on this
date. Such percentages may not be changed.or amended except
with the unanimous consent of the Owners of all Units. There
shall appertain to each Unit in the Condominium for voting pur-
poses as members in connection with meetings of the Association
a number of votes which is equal to the aforementioned percentage.
Gffiei.e a particular Unit is o : aed b; i.ore than one person, said
member (Owner) may not divide the number of votes appertaining to
their Unit, but must cast said number of votes as a whole, all as
hereinafter in the By -Laws set forth. Assessments of Common
Expenses by the Association against the Owners (members), pur-
suant to the Master Deed and By -Laws, shall be allocated ac-
cording to the aforementioned percentages.
4. Extent of Ownership and Possession by Owner.
Subject to the provisions of this Master Deed, each Owner
shall be entitled to exclusive ownership and possession of his
CCS Y '
AT Y. DANIEL P. KILEY JRe
-10-
Unit. No Owner shall be deemed to own the undecorated and/or
unfinished surfaces of the perimeter walls, floors, ceilings,
windows, window frames, door and door frames bounding his
Unit, nor any Common Area located within his Unit, except as a
tenant in common with the other Owners. An Owner, however,
shall be deemed to own and shall have the exclusive right, at
his own expense, to paint, repaint, tile, wax paper or other-
wise refinish and decorate the inner surfaces of the walls,
floors, ceiling, window frames, door and door frames bounding
his Unit.
Each Owner shall own an individed interest in the Common
Area in the percentage expressed in Appendix B hereto. No such
percentage shall be altered in a manner which is contrary to
the provisions of the Act, as amended from time to time, and
no such interest shall be separated from the Unit to which it
appertains, it being deemed to be conveyed or encumbered with
the Unit even though it is not expressly mentioned or described
in the instrument of conveyance or encumbrance. Subject to the
provisions of this Master Deed, each Owner shall have an easement
in common with other Owners to use the Common Area in .accordance
with the purposes for which it is intended, so long as he does
not hinder or encroach upon the lawful rights of the other Owners.
Said easement shall include without limitation the right of each
Owner to use all pipes, ducts, flues, cables, conduits, public
utility lines and other Common Area located in any of the other
Units and serving his Unit. Each Unit shall be subject to an
easement in favor of the other Owners to use the pipes, wires,
<�hr ducts, flues, cables, conduits, public utility lines and other
Common Area serving such other Units and located in such Unit.
The Association shall have the irrevocable right, to be reasonably
exercised by the Board or its agents, to enter any Unit to inspect
the same, to remove violations therefrom or construction for
which the Board is responsible. The Association shall also have
the irrevocable right to be reasonably exercised by the Board or
its agents, or by any two or more members (Owners) acting as a
group, to enter any Unit for the purpose of making emergency
repairs necessary to prevent damage to other parts of the Condo-
minium. Such entry shall be made with as little inconvenience to
the Owner as practicable, and any damage caused thereby or ex-
pense in connection therewith shall be repaired or satisfied by
the Association out of the Common Expense Fund, unless such emer-
gency repairs are necessitated by the negligence of one pipes,
ducts, cables, conduits, public utility lines and other Common
Area located in any of the other Units and serving his Unit. Each
Unit shall be subject to an easement in favor of the other Owners
to use the pipes, wires, ducts, flues, cables, conduits, public
utility lines and other Common Area serving such other Units
and located in such Unit. The Association shall have the ir-
revocable right, to be reasonably exercised by the Board or its
agents,•to enter any Unit to inspect the same, to remove violations
therefrom or construction for which the Board is responsible.- The
-11-
ATTY. DANIEL P. KILEY JR,
Association shall also have the irrevocable right to be reasonably
exercised by the Board or its agents, or by any two or more members
(Owners) acting as a group, to enter any Unit for the purpose of
making emergency repairs necessary to prevent damage to other parts
of the Condominium. Such entry shall be made with as little in-
convenience to the Owner as practicable, and any damage caused
thereby or expense in connection therewith shall be repaired or
satisfied by the Association out of the Common Expense fund, un-
less such emergency repairs are necessitated by the negligence of
one or more Owners, in which case the negligent Owner or Owners
shall bear the expense of such repairs.
5. Acquisition of Units by the Association.
In the event that (a) any Owner shall surrender his Unit,
(b) the Association shall purchase or lease from any Owner (who
has elected to sell or lease same) a Unit pursuant to Article IX
of the By -Laws, (c) the Association shall purchase, at a foreclosure
or other judicial sale with regard to the lien for Common Expenses
or any other lien, a Unit, then, in any of such events, title to
any such Condominium shall be acquired and held by the Association
or its designee on behalf of all members (Owners), in proportion
to their respective common interest.
6. Units Subject to Master Deed, Condominium
Dee By -Laws, Con ominium Ru es
All present and future Owners, tenants, visitors and occu-
pants of Units shall be subject to, and shall comply with, the
provisions of this Master Deed, the deed by which Declarant made
its initial conveyance of the Unit, the By -Laws and the Condominium
Rules, as they may be amended from time to time, (the "Documents")
and the items affecting the title to the Condominium, as set forth
in Appendix A hereto. The acceptance of a Deed, lease, or other
documents of conveyance of, or the entering into occupancy of, any
Unit shall constitute an agreement that (a) the provisions of the
Documents and the said items affecting title to THE CONCORD CONDO-
MINIUM are accepted and ratified by such Owner, tenant, visitor or
occupant, and all of such provisions shall be deemed and taken to
be convenants running with the land and shall bind any person having
at anv time any interest or estate ;,i �,,,�}� ITn1.i-s f-Innugh such
provisions were recited and stipulated at length in each and every
deed, lease or other document of conveyance thereof, including,
but not limited to, Declarant's rights as reserved hereinabove
to amend this Master Deed, and (b) a violation of any of the pro-
visions of the Documents by any such person shall be deemed a
substantial violation of the duties of the Condominium Unit Owner.
7. Waiver.
The failure to insist, in any instance, upon the strict per-
formance of any of the terms, covenants, conditions, or restrictions
of this Master Deed or of the other Documents, or to exercise any
C `'
-12- ATTY. DANIEL P. KILEX �R.
right herein or therein
contained,
construedras anwaivercoroa to
institute any action shallnot
relinquishment for the future of such term, covenant
t, c nditior,
restriction, or right, but such term, covenant,
right shall remain in full orrce an aassessment from and effect. The withipts by the
Association, or its agent, Y
knowledge the breach
covenant
waiverhereof
byhthe Association
not be
deemed a waiver of such breach,
or its Board or its agent, of an acovenantassessment
hereoffrom
shall Owner bewith
knowledge of the breach o Y the Association
deemed a waiver of such breach, and
waiver
hereof shall be deemed
or its Board or its agent, of any provision
to have been made unless expressed in writing and signed by the
Board or said agent.
8. Invalidity.
The invalidity of any provision of this Master Deed shall not
be deemed to impair or afremainderany
of thismanner
Masterthe aDeedtyandriinrce-
such
ability or effect of thell
event, all of the other Pviflons of this Master such invalid provisiondhadanevernbeene
in full force and effect
as
included.
9. Captions.
The captions herein are inserted only
as aormatter
o f ctheescopee
and for reference, and in no way rovisions hereof.
of this Master Deed, nor the intent of any .p
10. Gender, Singular, Plural, Tense.
of plural shall include
Whenever the context so permits, the use ast tense shall be
the singular and the plural. Present and/or p
deemed to include future tense.
11. Enforcement.
Each Owner shall comply strictly with the provisions of this
Master Deed and with
the other a���1�hEtscln
ndoptcd pursaant to sadTzrll�eLc�nand fail-
ure to so comply shall be grounds for fine.by the Association pursuant
to Article XI of the By -Laws, or for any action to recover stuns due
for damages or injunctive relief, or both, maintainable by the
Association in behalf of the Owners, or in a proper case, by an
aggrieved Owner.
12. Interpretation.
The provisions of this Master Deed shall be liberally construed
C P y
AM• DANIEL P. KILEY Ji.
13-
to effectuate its purpose of creating a uniform plan for the
development and operation of a condominium project. This Master
Deed is set for th to comply with the requirements of Chapter 183A
of the General Laws of the Commonwealth of Massachusetts. In case
any of the provisions stated above conflict with the provisions of
said statute, the provisions of said statute shall control.
IN WITNESS WHEREOF, Declarant has caused this Master Deed to
be executed by him this day of , 1985.
Robert Bennett
COMMONWEALTH OF MASSACHUSETTS 1985
ESSEX, SS.
Then personally appeared the above named Robert Bennett, and
acknowledged the foregoing instrument to be his free act and deed,
before me,
My Commission Expires:
t
ki
- `^.a �"71�,Sa
ATTY. DANIEL P. IGLE`c' JR -
0
—14—
Notary u 1i
CONCORD CONDOMINIUM
APPENDIX A
A certain parcel of land, with the buildings thereon, situated
in North Andover, Essex County, Massachusetts, and being shown as
Lot A-1 on a Plan of Land entitled "Plan of Land located in North
Andover, Mass. prepared for Joseph P. Saalfrank 8-15-81 Scale: 1'=
40' Cyr Engineers", said Plan being recorded with the North Essex
Registry of Deeds as Plan $8985, said Lot is more particularly
bounded and described as follows:
Northerly by and along land now or formerly of John and William
Enright 250 feet' as shown on said Plan; Easterly by and along the
Westerly sideline of Wayne Street 100 feet as shown on said Plan;
Southerly in two courses, by Lot C-1, 88.70 feet and by Lot A-2,
140.67 feet, all as shown on said Plan; Southwesterly by an access
easement 36.07 feet as shown on said Plan and Westerly by and along
the Easterly sideline of Concord Street 50 feet as shown on said Plan.
Meaning and intending hereby to convey Lot A-1 containing 18,341
square feet, more or less, according to said Plan.
Also granting to said grantee a certain access easement to said
Lot A-1 as shown on said Plan #8985, which reserves for the usual
purposes of ingress and egress to Lot A-1 as designated on Plan #8985.
For title see deed of Joseph P. Saalfrank, Sr. to B & Y Develop-
ment Corp. dated November 4, 1982, and recorded with North Essex
Registry of Deeds, Book 1682, Page 132.
The witnin premises is known as Lot A-1 Concord Street, North
Andover, MA 01845.
Said premises are subject to a first mortgage to the Bank of
New England Bay State recorded with the North Essex Registry of
Deeds, Book , Page
A rear portion of said premises is subject to a lease from
Robert Bennett to Robert Construction Company dated July 1, 1985
and attached hereto as Appendix A(1).
ATTY. DANIEL P. KILEY JR.
CONCORD CONDOMINIUM
APPENDIX A(1)
vi
ATTY. DANIEL P. K{LEY JR.
y THIS INDENTURE MADE the 1st day of July in the year one thousand
hundred and eighty-five between Robert Bennett of North Andover,
sex County Massachusetts (hereinafter called the Lessor which ex-
iression shall include his heirs and assigns where the context so
idmits) of the one part, and Robert Construction Company, a Massa-
:husetts corporation with a usual place of business in North Andover
_n said County and Commonwealth (hereinafter called the Lessee which
?xpression shall include its successors and assigns where the context
3o admits) of the other part.
WITNESSETH, That in consideration of the rent and covenants
ierein reserved and contained on the part of the Lessee to be paid,
3erformed and observed, the Lessor does hereby demise and lease unto
the Lessee—a rear -portion of the premises`located in said.North Andover.
3escribed as Lot A-1 on plan of land in North Andover, Massachusetts,
recorded in the North Essex Registry of Deeds as Plan #8985 entitled
"Plan of Land located in North Andover, Massachusetts prepared for
Joseph P. Saalfrank dated 8/15/81, Scale 1" a 40'; Cyr Engineers".
The portion demised and leased hereto is more particularly de-
scribed as follows:
Wes�terlly, 69.5 feet:, more or less, by a line parallel with the
i.
sideln' a of Wayne Street and 50 feet Easterly of the rear of the
existing building at 23 Concord Street.
Northerly by land now or formerly of John an4 William Enright
108 feet, more or less.
Easterly by and along the Westerly sideline of Wayne Street,
100 feet as shown on said Plan #8985, and
Southerly by two courses, 88.70 feet by Lot C-1 and 20 feet by Lot
X-2, both lots as shown on said Plan #8985 to the point of beginning as
shown on a plan attached to the original lease.,
TO HAVE AND TO HOLD the premises hereby demised unto the Lessee
For the term of 99 years beginning with the 1st day of July in the
year one thousand nine hundred and eighty-five.
YIELDING AND PAYING therefor the yearly rent of One (1.00) Dollar.
It is further covenant and agreed that the Lessee shall pay as further
rent to the Lessor a sum equal to forty-five (45%) percent of the Real
Estate Tax assessed on the land (exclusive of buildings) on Lot A-1
as shown on said Plan #8985 as long as the demised property is vacant
land and one hundred (100%) percent of all tax assessment against any,
-structures-erected-on said demised property.
WITNESS our hands and seals this 1st day of July, 1985.
ROBERT CONSTRUCTION CO.
R Bert Befinet t , President
I
El
0
py
Man
co
OTU IF T
ATTY- DANIEL P. KILEY JR.
1*14 MJ00V=v MASS.
I MEREBY a r, THE FOLLOWING'
1) THIS PLAN FULLY AND ACCURATELY'
DEPICTS THE LOCATION OF THE BUILDING ti
_Zt
ON THE PREMISES, THAT THERE ARE NO.�.,` CoQ cor-z o. "sTar.E.T
STRUCTURAL ENCROACHMENTS ACROSS- ` .T f
ANY 9"DARY LINE OR WAY.SM ' OW -L7'
m W"
THEREON EXCEPT AS 140TEDt'TAND-TH
SAID BUILDING *CONFORMED TO THE
SETBACX REQUIREMENTS OF THE
APPLICABLE ZONING LAWS OF T17 TOWN"
BUILT
OF NORTH ANDOVER WHENvb I
2) THIS PLAN FULLY AND ACCURATELY
DEPICTS THE PERIMETER OF THE PREMISES
AND OF THE BUILDING LOCATED
THEREON.
3)THE BUILDING IS NAMED.!CPNCORO
..CONDOMINIUMS .Ir .I.N_117Y:
4) THE PROPERTY LINES SHOWN ON
THIS PLAN ARE THE LINES DIVIDING
EXISTING OWNERSHIP, AND THE LINE3'-,;.f..
OF THE STREETS ANDWAYS SHOWN 6,er
'.
ARE THOSE OF PUBLIC' OR PRIVATE %s A
STREETS ,OR WAYS AI READY
ESTABLISHED, AND TH T NO NEW.;
LINES FOR DIVISION Of EXISTING
OWNERSHIP
-OR FOR N W WA'
SHOWN.
b,
rl%
F LJOAT
Fo. a
C?_;ZTIFICATIOW'�
7Z
ja
CA Le�
f Co.
2170
3 WICEU
ATWL GTPE2
ti
FITZGIBBONS, SLIPP & HOMSEY
ATTORNEYS AT LAW
316 ESSEX STREET
JOSEPH FITZGIBBONS LAWRENCE, MASSACHUSETTS 01840
PETER T. SLIPP
KENNETH M. HOMSEY
CHARLES F. PERRAULT
(ADMITTED MASS., Nh' & ME)
AMYJ.DONAHUE
August 13, 1987
Ms. Nancy J. Sullivan
Conservation Administration
Town of North Andover
Division of Planning & Community Development
120 Main Street
North Andover, Massachusetts 01845
AUG 17 1987
NACC
RE: 25-27 Concord Street
Site Visit
Dear Ms. Sullivan:
Would you kindly communicate to me any determination
you may have made with regard to your July 15, 1987 site
visit.
Thanking you for your anticipated cooperation, I am
Very truly yours,
FITZGIBBONS, SLIPP & HOMSEY
Peter T.""CJl-i
PTS:ar
CC: Mrs. John J. Slipowsky
TELEPHONE
(617) 681.0666
V
NATHANSON, WESSLER & ONERHEIM
Attorneys At Law
375 COMMON STREET
LAWRENCE, MASSACHUSETTS 01840
JUDITH L. NATHANSON
JOHN S. WESSLER
NEH. E. ONERHEIM
August 7, 1987
Nancy J. Sullivan
Conservation Administrator
Town of North Andover
Division of Planning and Community
Development
120 Main Street
North Andover, MA 01845
Re: 25 Concord Street, North Andover
Dear Ms. Sullivan:
AUG 10 1987
NACU:
LAWRENCE (617) 689-2789
HAVERHILL (617) 373-7692
Betsy Tan has referred your letter of July 17, 1987 to this
office. It is my understanding that Parcel A-1 is, indeed,
owned by the Concord Condominiums. This is indicated by
Appendix A to the Master Deed of the Concord Condominium, a
copy of which I am enclosing for your assistance. Appendix A
also states that "a rear portion of said premises is subject to
a lease from Robert Bennett to Robert Construction Company
dated July 1, 1985 and attached hereto as Appendix A(1)." A
copy of the lease, Appendix A(1) is also enclosed.
As to permitted uses, page 5 of the Master Deed states that the
"The Concord Condominium is intended for residential use...",
and page 6 states that "nothing shall be altered, constructed,
or removed from the Common Area without the prior written
consent of the Board." Page 12 goes on to state that "All
present and future owners, tenants, visitors, and occupants of
Unit shall be subject to, and shall comply, with the provisions
of this Master Deed...".
I hope these materials are helpful. If I can be of further
assistance please feel free to contact me.
Sincerely,
Joh S. Wessler
0317t/LD
Encs.
cc: Betsy Tan
OF aOR 1N,
OFFICES OF:
3? ` �� TOWTI Of 120 Main Street
p m
North Andover,
APPEALS NORTH ANDOVER Massachusetts 0 1845
BUILDINGt
g
CONSERVATION SSS'°"Ug�tDIVISION OF (617) 685-4775
I IEAI_TH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
July 17, 1987
Ms. Betsy Tan
23 Concord Street
North Andover, MA 01845
Re:, 25 Concord Street, North Andover
Dear Ms. Tan:
The North Andover Conservation Commission is in the process of
rectifying the situation at 25 Concord Street and would appreciate your
cooperation in resolving the matter. One area of concern is the ownership
of the parcel of land which abutts Mr. Enwright. This parcel is listed
in the Assessors Office as Map A 95 Parcel A-1 owned by Concord Condo—
minium and leased to Robert Construction.
Would it be possible for you to contact your attorney to discover
which people presently own the land, what the lease agreement allowed
(permitted uses) and the length of the lease?
Your cooperation in this would be greatly appreciated for without
it, we will not be able to proceed with this matter.
Please feel free to contact me anytime regarding this matter.
(Tel. #683-7105)
Sincerely,
„_..NORTH ANDOVER CONSERVATION COMMISSION
Nancy Isian
Conservation Administrator
C: John Wessler
NJS/mlb
P Nonrry
01=1=10ES 01=:
"° Town of 1'2)0 Main Street
o °,
AI'I'I:AI,S n NOrlh Andover,
:.: NORTH ANDOVER
I3UILUINC; ;,' ;.-; ,°� Mi1SSaC11USCt1S ()1845
CONST :RVATION 6S"°"u9E. DIVISION OF (617) 6854775
1 IF -A : I'1 i
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
July 14, 1987
Attorney Peter T. Slipp
Fitzgibbons, Slipp & Homsey
316 Essex Street
Lawrence, MA 01840
Re: 25-27 Concord Street, North Andover, MA
Dear Sir:
This letter is written to inform you of a site
visit to be conducted by this office on Wednesday, July
15th at 8:30 A.M.
If you have any further questions on the above please
feel free to call me. (Tel. 4683-7105)
Sincerely,
NORTH ANDOVER CONSERVATION COMMISSION
NJS/mlb
Nancy J. Sul
Conservation
nistrator
Or
FITZGIBBONS, SLIPP & HOMSEy
ATTORNEYS AT LAW
316 ESSEX STREET
JOSEPH FITZGIBBONS LAWRENCE, MASSACHUSETTS 01640 TELEPHONE
PETER T. SLIPP 1617) 661-0666
KENNETH M. HOMSEY
CHARLES F. PERRAULT
(AcmITt[D MASS.. NH 6 ME)
AMYJ.DONAHUE July 9, 1987
Mr. John J. Enright
310 Green Street
North Andover, MA 01845
RE: Construction - 25-27 Concord St.
North Andover, MA
Dear Mr. Enright:
This office represents Germaine Slipkowsky, an abutter to
your property on Concord Street. Mrs. Slipkowsky informs me that
the way in which your subject lot was filled has created a
situation whereby water is caused to flow onto her land. She also
reports that you have been made aware of this situation and that
no visible effort has been made to rectify the problem.
Please have your attorney contact me so that we might discuss
ways in which to correct the problem without the need of exploring
other legal remedies.
Very truly yours,
FITZGIBBONS, SLIPP & HOMSEY
Peter T. Slipp
PTS/ld
cc: Mrs. John J. Slipkowsky
Mr. Willian F. Enright
George A. Stella, Esq.
Mr. Charles Foster
.
Mrs. Nancy Sullivan VEDT
JUL
Iom: °'i I ! ANDOVER
BUILDING DEFT.
1,
�,.; �y�Y,�zt-�'s�.. �'y� �� f cit •1-i" ./ t
' M
@MUW l'
D.
PLANNiN BOAAD
i
1644-et,4
10
/n�:10 Town of /2owoins/nxct
�J��0�'�`�� �������l��r���� /x`nhmxk,x`�
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NORTH ^^--- -- - ANDOVER ^~ ` ~~~~ �x`x�x1x/s 'xs',1x4s
'//Ns[xv/\1loN ~����' /xnsx�w'x' (6 17) G854775
|U�A| ll{
PLANNING &0OMM0NITY DEVELOPMENT
K/\RENHJ`. NELS()y4.1)|KECT()R
July 7, 1987
Mr. Robert Bennett
52 Hemlock Street
North Andover, M& 01845
De: 21-22 Concord Street
Dear Mr. Bennett:
A site inspection will be held on July 15tb 1987
at 8:30 A.M. to review and recommend action to be taken on
the above referenced site. Your attendance will be greatly
appreciated.
Please cull me as soon an possible (Tel. 682-7105)
regarding this matter.
Sincerely,
NOR H ANDOVER C'ONCSVATION COMMISSION
Nancy J. Soll�vun
Conservation Administrator
OFFICES OF
APPEALS
BUILDING
CONSERVATION
HEAI: TI
PLANNING
May 6, 1987
of M�oTM�
"
aTown of
� • �°< 120 Main Street
�� m
NORTH ANDOVER North An(iovcr,
.o:..•�;: g Massachusetts 01845
CNUsE44 DIVISION OF (Fi 17) 685-4775
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, 1)IREC"IY)R
John Enright
25 Concord Street
North Andover, MA 01845
Re: Lot 25 - Concord Street
D'ear-Mr. Enright:
At our meeting held April 1, 1987, the North Andover
Conservation Commission considered your request for Determination
of Applicability. The Commission voted for a negative determination.
You are not required to file a Notice of Intent regarding your
proposal.
If you have any questions, please feel free to contact
me.
Sincerely
NORTH ANDOWlivan
ERVATION COMMISSION
Nancy J. S
Conservation Administrator
C.: Planning'Bd.
NJS/mlb
of ooRn,
[-)1'I=ICIiS Of? d Town of
APPEALS ,» NORTH ANDOVER
BUILDING
CONSERVATION m8CHUS DIVISION OF
IE -Al :Tl i
PLANNING PLANNING ,& COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
April 24, 1987
Mr. Robert Bennett
52 Hemlock Street
North Andover, MA 01845
Re: Filling in of wetlands 21-23 Concord Street
Dear Mr. Bennett:
1:210 Main Street
North Andover,
Massachusetts O 1845
(6 17) (385-4775
It has been brought to our attention that filling has
been occurring on land owned by the Concord Condominium Association.
This filling is in violation of the Wetlands Protection Act. The
NACC would request that you remove the fill immediately and restore
the wetland area to its original condition. Failure to comply with
this request may result in enforcement action.
If you have any question please.call me.
Sincerely
NORTH ANDOVER CONSERVATION COMMISSION
Nancy J. ullivan
Conservation Administrator
(Tel. 4683-7105)
c: Mrs. Betsy Tan
Mr. John Wessler
Commonwealth
of Massachusetts
DEQE File No.
(To be provided by DEQE)
City/Town North Andover
Applicant John .T _ Enr; o]zt
William F. Enright
Thomas A. Enright
Lot B — Camden Street .
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131 §40
and under the Town of North.An4ovar By-law;'Chapter J Section 3.5 A&B
From North Andover Conservation Commission Issuing Authority
John, William & Thomas Enrights
To John Enright
(Name of person making request) (Name of property owner) -
5 Johnson Street 5.Johnson Street, North Andover, MA
Address. Address
This determination is issued and delivered as follows:
O by hand delivery to person making request on (date)
Aby certified mail, return receipt requested on April 24, 1987 (date)
Pursuant to the authority of G.L. c. 131, §40, the North Andauer r„ncorun t74 on ('ammiss}ea
has considered your request for Determination of Applicability and its supporting documentation, and has
made the following determination (check whichever is applicable):
This Determination is positive:
1. The area described below, which includes all/part of the area described in your request, is an Area
Subject to Protection Under the Act. Therefore, any removing, filling, dredging or altering of that
area requires the filing of a Notice of Intent.
2. 0 The work described below, which includes all/part of the work described in your request, is within
an Area Subject to Protection Under the Act and will remove, fill, dredge cr alter that area, There-
fore, said work requires the filing of a Notice of Intent.
3, Q The work described below, which includes all/part of the work described in your request, is Within
the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under
the Act. Therefore, said work requires the filing of a Notice of Intent.
This Determination is negative:
1. The area described in your request is not an Area Subject to Protection Under the Act.
2, Q The work described in your request is within an Area Subject to Protection Under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
3. Q The work described in your request is within the Buffer Zone, as defined in the regulations, but will
not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the
filing of,a Notice of Intent.
4. O The area described in your request is Subject to Protection Under the Act, but since the work
described therein meets the requirements for the following exemption,as specified in the Act and
the regulations, no Notice of Intent is required:
Issued by
North Andover Conservation Commission
Signature(s)
-� -�J✓ cdcc�e
This Determination must be signed by a majority of the Conservation Commission.
On this_ 8th day of April -
19--32-, before me
personally appeared Guillermo J. Vicens , to me known to be the
person described in, and who executed, the foregoing instrument, and acknowledged that he/she executed
the samprbs his/her free act an ed.
• l l�vG
Not ly Puk,lic My commission expire
This Determination does not relieve the applicant from complying with all other applicable federal, state or local statutes, ordinances,
by-laws or regulations. This Determination shall be valid for three years form the date of issuance.
The applicant, the owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed
work is to be done, or any len residents of the city or town in which such land is located, are hereby notified of their right to request the
Department of Environmental Quality Engineering to issue a Superseding Determination of Applicability, providing the request is made
by certified mail or hand delivery to the Department within ten days from the date of issuance of this Determination. A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant.
1.
TOWN OF NORTH ANDOVER. MASSACHUSETTS
orrice or
CONSERVATION COMMISSION
f HORT/,
O aao tin .
o
TELEPHONE 683-7105
PURSUANT TO THE AUTHORITY OF THE WETLANDS PROTECTION ACT,
MASSACHUSETTS GENERAL LAWS CHAPTER 131, SECTION 40, AS AMENDED,
AND.THE TOWN OF NORTH ANDOVER'S WETLAND PROTECTION BYLAW, THE
NORTH ANDOVER CONSERVATION COMMISSION WILL HOLD A PUBLIC MEETING
ON April 1, 1987 AT 8:00 P.M., AT THE SELECTMEN'S
MEETING ROOM, -120 MAIN STREET, NORTH ANDOVER, MA ON THE WETLAND
DETERMINATION REQUEST OF John Enright
LAND LOCATED AT: Lot B - Camden Street
BY: GUILLERMO J. VICENS
. CHAIRMAN
RUN ONCE IN THE North Andover Citizen on March 26, 1987
COPIES TO: PLANNING BOARD
BOARD OF HEALTH
PUBLIC WORKS
HIGHWAY DEPT.
APPLICANT
ENGINEER
DEQE
FIRE CHIEF
Bldg., Insp.
TOWN OF NORTH ANDOVER. MASSACHUSETTS
OFFICE OF
CONSERVATION COMMISSION
TELEPHONE 683-7105
To: Conservation COmmission
From: Nancy Sullivan, Conservation Administrator
Re: 25 Concord Street
Request to Determine Applicability
Dear Commission Members,
I have inspected the site and my comments are as follows:
1)The filling that has taken place on site has caused a drainage
problem on the abutting property
2) The work being conducted is in the buffer zone of a bordering
vegetated wetland.
I would recommend a positive determination for this proposal.
Sincerely;
Nancy Sul]
Conservation Admmnistrator
OFF -ICES OF:
APPEALS
BUILDING
CONSERVATION
HEALTH
PLANNING
P "oRrh
O �
Town of
o m
a
' NORTH ANDOVER
�ee�cr�uets DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
.KAREN H.P. NELSON, DIRECTOR
March 30, 1987
John J. Enright
25 Concord Street
North Andover, MA 01845
Dear Mr. Enright:
t 21) Main Street
North Andover,
MaSSaChUSCttS O 1845
(617) 685-4775 .
This letter is written to confirm our site visit conducted
March 23, 1987 regarding the drainage problem on the abutting -
property to your project. At that time I recommended that you
file a request for Determination of Applicability for this
site, so that a full review by the Commission may take place.
This item is scheduled for the public hearing April 1, 1987.
I would apprecite your attendance at 8:00 P.M. in the Selectmen's
Meeting Room.
If you have any further questions please call me.
Sincerely,
NORTH ANDOVER C SERVATION COMMISSION
llitT�
Nancy J. Su livan
Conservation Administrator
NJS/mlb
c: Planning
Buddy Cyr
Ms. Betsy Tan
DEOE Fllo No.
l 4
(To "provided by DEOE)
City/Town l4d R l i4 Ai 0 (3 � e iz'
J 7
'_-
Commonwealth 4 198.MAR 2 -
of Massachusetts Applicant
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40 &
-under the Town of 'North Andover ,By-law, Chapter 3 Sec. 3.5 A & B
1. I, the undersigned, hereby request that the N D I 0A) 11000
Conservation Commission make a determination as to whether the area, described below, or work to be
performed on said area. also described below, is subject to the jurisdiction of tho Wetlands Protection
Act, G.L. c. 131, §40.
2. The area Is described as follows. (Use maps or plans, if necessary, to provide a description and the
location of the area subject to this request.) NA � � L `r �} G� P 1--' J`
�� I ��1�� t�0► 1 � 1S ��� Q, ��m��� S� j � t.� � 1 �� '
3. The work In said area is described below. (Use additional paper, if necessary, to describe the
proposed work.) Qf s Pd lJ SE' -
4., The owner(s) of the area if not the person making this request, has been given written notification of. this,
request on R C Yr 3 l4`6� (date)
'rhe name(s) and address(es) of the owner(s):
J � 1� � r' f�j•P► 61-� 1 -� .
Tj oinA S A FSR ►r,+47
5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts
Department of Environmental Quality Engineering on (date)
Northeast
5 Commonwealth'Ave.,
Woburn, MA 01801
Central
75 Grove Street
Worcester, MA 01605
Southeast
Lakeville Hospital
Lakeville, MA. 02346
Western
Public Health Center
University of Massachusetts
Amherst. MA 01003
6. 1 understand that notification of this request will be placed Ina local newspaper at my expense in accor-
dance with Section 10.05(3) (b) 1 of the regulations by the Conservation Commission and that I will be
billed accordingly.
Signature Name
Address 615 COMCd Gt1) S /� and flnS Q 159— Tel.
?,Enrig4t Nrut4crs
5 43a4uson t9treet 126
Worttl Anaauer, On 01845; � -19-EZ 53-7047/2113
$ crC
j' r oUOCl67�A
-. Andove,.SavingsBank
Mdover lN�q; eto •,
�:211370477�: 65 0214074 11' 0 26
lnright +,gathers L. 125
5 Johnson §trtet -
North Anbouer, On 01045' a Auw V,-,Iga 53-7047/2113
Of
T,AndaverSavingsBank
�... Andover. Abse. o18to: �..•,�.!-� . �; . •�fy. ,/fir, �,.-� -. e : ,
1:21L3?0477l: 65 02140744611' 0125 ^VS MpA
PAY',
%W Z
�,
I
r �
n
w _ w
6"
25 Concord Street
Vm` Ar North Andover, MA 01845
�@ March 24, 1987
Guillermo J. Vicens, Chairman
NORTH ANDOVER CONSERVATION COMMISSION
120 Main Street
North Andover, MA 01845
Dear Mr. Vicens:
This letter is in response to your letter of
March 3, 1987 regarding a Request for Determination on Lot B,
Camden Street, and a drainage problem at that site. On Monday,
March 23, 1987, 1 met with Nancy Sullivan and William Cyr at the
site. We discussed the problem and believe we have three different
ways to solve it, and I am more than willing to work with the Conser-
vation Commission and Mr. Cyr to do so.
If it can be arranged, I would like to meet
with members of the Conservation Commission and Mr. Cyr, at your
convenience, at the site to discuss the situation and to get direction
on what you would like me to do.
It might be best to wait until the ground has
thawed so that we can determine the exact extent of the problems.
1 hope to attend the meeting on April 1st, but.
if 1 cannot, I would appreciate a favorable response to my letter.
at 688-4116.
If you have any :questions, please contact me
Thank you for your consideration.
Very truly yours,
John J.. Enright
10 SENDER: Complete items 1, 2,3 and 4.
Put your address in the "RETURN TO" space on the
3
reverse side. Failure to do this will prevent this card from
being returned to you. The return receipt fee will provide
..
you the name of the person delivered to and the date of
delivery. For additional fees the following serv!cas are
e
availtobla. Consult postmaster for fees and check box(es)
.F
for service(s) requested.
1. IXShow to whom, date and address of delivery.
V
2. ❑ Restricted Delivery.
3. Article Addrsased to:
Mr. John Enright
5 Johnson Street
North Andover, MA 01845
4. Type of Service:
Article Number
❑ Registered ❑ Insured
Cxpre ❑COD
COX] ss Mail
P684-436-561
Always obtain signature of addressee-pr agent and
DATE DELIVERED.
p
5 S' nature — AddrVW
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RECEIPT FOR CERTIFIED MAIL
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NOT FOR INTERNATIONAL MAIL
(See Reverse)
,Sent to John Enright `
Street and No.
P.O., State and ZIP Code
No. Andover, MA 01845
Postage $
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OFFIC FS OF:
APPEALS
IWILDING
C:ONSFI WA"TION
I11:AI:111
PLANNING
OF pORi/Y,
Town of
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NORTH ANDOVER
'Ss+aweEs4 DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
March 10, 1987
Ms. Betsy Tan
23 Concord Street
North Andover, MA 01845
Dear Ms. Tan:
120 Main Street
North Andover,
Massachusetts O 1845
(6 17) 685-4775
Thank you for your notification of the potential
wetland violation on Concord Street. The NACC had visited
this site last December and was aware of the situation at
this site, and we are currently working to get it corrected.
Yours truly,
Guillermo J. Vicens
Chairman
GJV/mlb .
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R. C E47 �WL 1Do
FORTH ANDOVER
CT SEMIAT10% CO.`_"!3SSIOR
January 30, 1987
North Andover Conservation Committee
Town Hall
120 Main St.
North Andover, MA 01845
RE: Concord Condominium Association
Location: 21 - 23 Concord St., North Andover
Dear Committee:
On January 27 I called to inform the committee of the
filling in of land owned by the Concord Condominium
Association but under lease to Robert Construction.
V
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Attached please find a rough diagram of the area which
shows where fill was dumped last year. The water has now
been displaced and forced upward and eastward (toward
North Andover Auto Body). Several large trees are now
sitting in water. I am concerned that they could also
harm the building. I believe the DPU will be able to
confirm the exact time of the dumping.
The Concord Condominium consists to two units; one is
owned by me and the other is owned by Robert Bennett
who rents out his unit. Mr. Bennett lives at 52 Hemlock
Street, North Andover and owns Robert Construction.
Mr. Bennett told me last summer he was filling in the
land since he wanted to build a structure on the land
leased to Robert Construction.
Attached are several pictures taken in November 1986.
They were taken after the dumping (but before the snow).
In addition to fill, they skiow a pile of sand, tree debris
and also a hump of plaster -type material.
I would appreciate your investigating this and letting
me know the results. I am sending a copy of this letter
to an attorney representing my interests. Please feel
free to contact him as well.
Thank you very much.
Very truly yours
Betsey. Tan 1
2233 QConcord //St. , North Andover, Ma.
cc: John Wessler `" ` (t0�" �°9 J H
375 Common St., Lawrence, Ma. 01840
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0h1=1CFS OF: ' ° Town of 120 Main Street
A1'1' 'A1_SNORTH ANDOVER
n North Andover,
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BUILDING- y Massachusetts 01845
CONSC:R\1ATION ss�°" s`44 DIVISION OF ((i 17) (385-4775.
I WAI-TH
I'I_ANNIN<; PLANNING & COMMUNITY DEVELOPMENT
KAREN H.I'. NELSON, DIRECTOR
March to P, 1987
Mr. John T. Enright
25 Concord Street
North Andover, MA 0184.5
Re: Concord Street Violation
Dear Mr. Enright:
On December 12th 1986 the NACC requested that you file
a Request for Determination for the work at 25-27 Concord Street
to address the wetland issues at this site. The NACC requests
that this filing include a solution to the drainage issues, and
that it be filed by April 1, 1987.
Yours truly,
NORTH ANDOVER CONSERVATION COMMISSION
Guillermo J. Vicens
Chairman
c: Town Counsel
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TOWN OF NORTH ANDOVER. MASSACHUSETTS
OFFICE OF
CONSERVATION COMMISSION
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TELEPHONE 683-7105
December 12, 1986
Mr. John Enright
25 Concord Street
North Andover, MA 01845
Lot B - Wayne Street
Dear Mr. Enright:
On Wednesday, December 10, 1986 the NACC decided that
you should file a " Request for Determination" for the work
on your lot.
If you have any questions regarding this procedure, call
the Conservation Commission's Office.
TAP/mlb
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Sincerely,
; 7
Tracy A. Peter
Conservation Administrator
t NORTIy q
p 4so tip
OFFICE OF HIGHWAY SURVEYOR
384 OSGOOD STREET
:-• TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845
CHUSEt�
WILLIAM A. CYR TELEPHONE 685-0950
Highway Surveyor
October 20, 1986
Frank Serio, Chairman
Board of Appeals
120 Main St.
North Andover, Ma. 01845
Re: Approval of a Building Lot
on Wayne St. -Enright Property
Dear Frank:
I would like to make the Board aware that as a department
head at the Town Garage Facility, I am amazed as to the lack of
concern that you seemed to take on my letter of recommendation
on this proposal prior to granting such a variance.
I have been informed by Jay Enright that the Appeals Board
would propose using Wayne St. as access to this home. I find
it hard to believe that such action would be forth coming against
the recommendation as proposed in my letter of August 21, 1986.
. I would like to meet with your Board to further discuss this
situation. Such development along the westerly side of Wayne St.,
would cause a severe and damaging impact on the normal functions
within our yard and to all functions within the scope of our daily
and seasonal performance.
If the Board of Appeals intends to approve access to abutting
properties from Wayne St., the Town would be wise to take over Wayne
St. by eminent domain.
In my opinion all lots could be developed, with no hardship
being imposed, since access to all involved lots could be from
Camden St., Lexington St. or Bunkerhill St.
Very truly yours,
William A. Cyr
cc. Town Manager Highway Surveyor
WAC/m