HomeMy WebLinkAboutMiscellaneous - 28 MAIN STREET 4/30/2018Po
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No. —() (� � -
Check # 1-�)Lvl
Date 11(0
TOWN OF NORTH ANDOVER
Certificate of Occupancy
Building/Frame Permit Fee
Foundation Permit Fee
$
*5 - r,4
Other Permit Fee k
$ '-30—
TOTAL
$
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Town of North Andover
D.B.A. — Zoning Compliance Form
rag) 978-688-9545
This form must be reviewed with the Inspector of Buildings.
Office Hours are Monday -Friday 8-10 am, and 1-2 pm Monday -Thursday.
Awlicant Name: edieen Potoers Name of Business:'-Fhe Oncomirron 46el
Addres's of Business: a 6) V010 -'�+ SA 102. Zoniniz District:
Map 49 L, ot 13
Phone: 918– 1'055-� —Email
Nature of Business: Salf– k1eW 006 PV-P--0UV)Cd -&AWl+(JrCaV1d
hule
Do you own this property? Yes No
If no, written permission is required fi-om your landlord.
Will you have clients coming to this propei ty? Yes V' No
Will you have any employees? Yes No
Will you have any major deliveries? Yes— No—Y---'
Description of Business Activity (Must be Completed)
el� ywt'u) ar-O
��ale V)ay)d cy-&`
VE20
Signature of Applicant_
For Signage Refer to North Andover Zoning Bylaw Section 6
1
11 ITZ,
Issul
fistrict.
)ate 06;�—g
)iome Je cor
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.0
Date....
TOWN OF NORTH ANDOVER
PERMIT FOR GAS INSTALLATION
This certifies that ... �ejk Oa.��VV�C�rj
.................. .....................
(VA
has permission for gas installatio . . .........
in the buildings of '�::A �c
.. ....... ...
at ....... 2% - :�, D P. (U t-- 4 .
......................................................................................... . North Andover, Mass.
ea— ..... Lic. No.Jq�ff.... .........................................................
80. w GASINSPECTOR
Check# —12--73.
0911, 01
MASSACHUSETTS UNIFORM APPLICATION FOR A PERMIT TO PERFORM GAS FITTING WORK
CITY MA DATED �i;.' PERMIT#
&A . L
JOBSITE ADDRESS .5 r OWNER'S NAME A64
GOWNER
ADDRESS TEL jFAX[
TYPE OR
PRINT
OCCUPANCYTYPE COMMERCIAL EDUCATIONAL RESIDENTIAL
CLEARLY
I
NEW: RENOVATION: D REPLACEMENT: PLANS SUBMITTED: YES NO
APPLIANCES"I FLOORS- 13SM 1 2 3 4 6 6 7 8 9 10 11 12 13 14
BOILER
BOOSTER
CONVERSION BURNER
COOK STOVE
DIRECT VENT HEATER 11 -1
DRYER
FIREPLACE
NJ
FRYOLATOR I
FURNACE
GENERATOR
GRILLE
J_
INFRARED HEATER
LABORATORY COCKS
MAKEUP AIR UNIT
OVEN
POOL HEATER
ROOM/ SPACE H EATER Li
ROOFTOP UNIT IFF =71
JEST
------ -----
-UNIT HEATER E -7i
UNVENTED ROOM HEATER
WATER HEATER
OTHER I q Ar-
_jF
l=JE:::3L__ E-_ �__
INSURANCE COVERAGE
I have a current liability nsurance policy or its substantial equivalent which meets the requirements of MOL. Ch. 142 YES HINO Ej
I IF YOU CHECKED YES, PLEASE INDICATE THE TYPE OF COVERAGE BY CHECKING THE APPROPRIATE BOX BELOW
LIABILITY INSURANCE POLICY OTHER TYPE INDEMNITY BOND
6,WNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the
Massachusetts General Laws, and that my signature on this permit application waives this requirement.
CHECK ONE ONLY: OWNER 0 AGENTE01
SIGNATURE OF OWNER OR AGENT
I hereby certify that all of the details and information I have submitted or entered regarding this application are true and accurate to the best of my knowledge
and that all plumbing work and installations performed under the permit issued for this application will be in compliance with all Pertinent provision of the
Massachusetts State Plumbing Code and Chapter 142 of the General Laws.
PLUMBER-GASFITTER NAME LICENSE#� SIGNATURE
IVIP E3MGF El JP D JGF D LPGI CORPORATION []# PARTNERSHIP El#= LLCEI#
COMPANY NAMEII� ADDRESS
CITY STATE�ZIP TEL
FAX CELLJA����F, MAIL
On
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The Commonwealth ofMassachusetts
Department ofIndustriqlAccidints
Office of Investigations
600 Washington Street
Boston., MA 02111
www.mass.gov1d1a
Workers' Compensa-flon Insurance Affidavit: 13uffders/ContractorsfElectricians/Plumbers
Applicant Information Please Print Legib
NaMe, (Business/OrganizationAndividual) 6:e e��Zty
Address: Xp�
Are you an employer? Check the appro&late box:
L LPIa�ra a �mployor with Z
4. F1 I am a general contractor and I
employees (fall and/or part-timo),`-
have nod the sub -contractors
2, El I am a solo proprietor or partner-
listed on the attached sheet.
ship and'have no employees
Those sub -contractors have
working for me in any capacity.
workers' comp. insurance.
[No workers' comp. insurance
5. El We are a corporation and its
required.]
officers have exercised their
3.E1 I am a homeowner doing all work
right of exemption per MGL
myself [No workers' comp.
c. 152, §1(4), and we have no
insurance required.) t
employees. [No workers'
comp. insurance required.]
Type of project (required):
6. Now construction
7 Remodeling
8. Demolition
9. Building addition
10.[] Electrical repairs or additions
ILEJ Plumbing repairs or additions
12.QRoofrepairs
HTI other
'Any applicant that checks box#1 must also fill out the section bel6w showing their workers' compensation policy iffonnation.
T Homeowners who submit this affidavit indicating they ke doing all work and then hire outside contractors must submit anew affidavit indicating such.
lContractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy infonnation.
lam an em
,ployer that isproviding woArersl compensation insurancefor rny ernployees. Below is thepolley andjoh site
inforination
-Insurance Company Name-.
Policy or Solf-ins, Lie.. ExpirationDate:
lob Site Address-, ,?k 40 IZ:9�2W5F Cit dZip: e"4
y/Stato
Attach a. copy of the workers' compensation -policy cleclaration page (showing the policy numb er and expiration date).
Failure to secure coverage as requir6clundor Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
fine up to $1,500.00 andlor one"year imprisonment, as well as civil penalties in the form of a STOP. WORK ORDER and a fine
ofup to $250.0 0 a day against the violator. Be advised that a copy of this statement maybe. forwarded to the Office of
Investigations of the DIA for insurance, coverage verification.
I do h creby cert?& zin der th e pa ins an dv en affles ofp erfury A at th e inforination pro vided ah o ve is true an J correct,
Official use on4). Do not.write in this area, to he completed by city or town official
City or Town: Permit/License 9
Issuing Authority (circle one):
1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical hispector 5. Flumbing luspector
6. Other
-4 'n - - - - - - 'D7, — - 44.
Information and Instruction -_8
Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for fhair employees.
Pursuant to this statute, an employee is defined as "....overyporson in the service of another under any contract ofhiro,.
express or implied, oral or writteu."
An em
ploydis defmcd as "an individual, partnership, association, corporation or other legal entity, or any two ormoro
of the foregoing engaged in ajoint 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
dwellinghouso of anotherwho employsparsons to domaintenance, construction orrepair workon such dwellinghouso
or onthe grounds orbuilding appurtenant thereto shallnotbecause of such employmentbe deemedto be an employer.,,
MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or
renewal of a 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 subdfvisions shall
enter into any contract for the performance ofpublic 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 checlIng the boxes that apply to your situation and, if
necessary, supply sub-contractor(s) name(s), address(es) and phone number(s) along with their certificate(s) of
insurance. Limited Liability Companies (LLQ or Limited Liability Partnerships (LLP) with no employees other than the
members or partners, are not required to carry workers' compensation insurance. If an LTLC or LLP does have
employees, apolicyisrequired. Be advised that this affidavit maybe submitted to the Department of Industrial
Accidents ffir confhm]ation of -insurance coverage, Also be sure to sign and date the affidavit. The affidavit should
be returned to the city or town that thb, application for the permit or license is being requested, not the Department of
Industrial Accidents. Should you. have any questions regarding the law or ifyou are required to obtain a workers, .
compensation policy, please call the Department at the number listed below. Self-insured companies should enter their
self-insurance license number on the appropriate -lina.
City or Town Officials
-P-leasebe sure tht-the affidavit-is-complete-and-printed'Iegibly. ThoDd-fEFr�entECspf6vid&ditFpic-Ea—tff6b 0
6ff m
of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant.
Pleas ' a be sure to fill in the parmit/licenso number whichwill be used as a reference number. In addition, anapplicant
that must submit multiple parroit/license applications in anygiyen year, need only submit one, affidavit indicating current
Policy information (ifnecessary) and under "Job Site, Address" the applicant should write "all locations in pity or
town) Y A copy of the affidavit that has b a an officially stamp ad or marked by the city or town may b e, provided to the
applicant as proof that a valid affidavit ii on file for future permits or licenses. Anew affidavit must be filleLd out each
year. Where a home owner or citizen is obtaining a license oi�armit not relatted to any business or commercial venture
(i.e. a dog license orp'eimit 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:
Tho CQmm
Department Qf ladustdal Accidents
omoe
600 Wasbia&j Strc�Qt
Boston, U& 02111
TA, 0 617-72-.7-4900 at 406 ox 1-877,MASSAFE
Revised 5--m-ni Fax# 617-727-7749
US19TTS
MASSACH
COMMONWEALTH OF
iASFI,TTERS
PLUMB RS A LUMBER
LIC . EN ED AS A MASTER P
OVE_ LICENSE TO:
'fSSUES THE AB
CAsHMAN
KEVIN M
299 WESTFbRD RD
-2410
RO MA 01879
TYNGSBO
183753
05/01 14
12455
Date. . �,A .......
TOWN OF NORTH ANDOVER-'
PERMIT FOR GAS INSTALLIe'TION
Io
This certifies that . . . . . . . . . . . . .
. ..... . . . . .
has permission for gas installation ................
in the buildings of .......................
at (79 If. 1�-t .... North Andover, Mass.
..........
Fee. Lic. No.
GAS INSPfdUrA
Check #
5835
q.2 �
!AASS'A,C-1-`USETTS UNIFORM APPLIcATION FOR P ERNAIT TO DO GASFITITING
(116111 of T�,rpe)
--Q
-Alo,-1�10Q42eK Mass Date/Z//Z- 20 e) Ks p ;4 -t
14-�q
Building Location o lellfll�
-57 Owner's Narne
Type of Occupanc-y-ld/2
Z SA",,f //
Renovation RepLacement El Plans Submitted: YeSE] No
Installing Company Name
Address 8 ?
Business Telephone z6"7S`6; �9'3 -
Name of Licensed Plumber or Gas Fitter
Check one: Certificate
Corporation
0 - Partnership
Firm/Co.
INSURANCE COVERAGE:
I have a curre_Z liability insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142.
Yes YZ No 171
It you have. ch cked yes. please Indicate the type coverage by checking the appropriate box.
A liability insurance policy El Other type of indemnity 0 Bond 0
OWNER'S INSURANCE WAfVER: 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:
Soignature of 5;ner �®r C.�ners Agent���� OwnerD Agent C3
I hereby certify that all of the details and information I have submitted (or entered) in above appli i n are true and accurate to the best of my
knowledge and that all plumbing work and installations performed under the permit issued _Ir i plication will be i mplian with all
pertinent provisions of the Ma&--achusetts State.Gas Code and Chapter 142 of the Gener s
EBY
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Title gnature of icensed Plu r r Gas itter
Gasfitler
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INSURANCE COVERAGE:
I have a curre_Z liability insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142.
Yes YZ No 171
It you have. ch cked yes. please Indicate the type coverage by checking the appropriate box.
A liability insurance policy El Other type of indemnity 0 Bond 0
OWNER'S INSURANCE WAfVER: 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:
Soignature of 5;ner �®r C.�ners Agent���� OwnerD Agent C3
I hereby certify that all of the details and information I have submitted (or entered) in above appli i n are true and accurate to the best of my
knowledge and that all plumbing work and installations performed under the permit issued _Ir i plication will be i mplian with all
pertinent provisions of the Ma&--achusetts State.Gas Code and Chapter 142 of the Gener s
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Gasfitler
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FAPPPOVED (OMIC �Us �NL�
Date. .. .......
TOWN OF NORTH ANDOVER
PERMIT FOR PLUMBING
This certifies thal ........
...................
has permission to perform'.-.,�. �. .............
plumbing in the buildings of ..... .............
a t-. ......... North Andover, Mass.
FeeA?7.. .'Lic. NoX?-'��-!�
.............
�;PECTOR
Check #
7210
MAISSACHUS =-IS UNIFORM APPLICAT PON FOR PERMIT TOD
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INSURANCE COVERAGE:
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Yes No 0
If you have Aked yes, please indicate the type coverage by checking the' appropriate box -
A liability Insurance policy 0 Other type of Indemnity 0 Bond El
OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by
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haPter 142 . Of the Mass. General Laws. and that my signature on this permit application waives this requirement.
Check one:
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49natufe of Owner Owner 13 Agent 0
I hereby certify that all of the details and information I have submitted (06ntered) in above aPPlication are U'ue and accurate to the bezt of my
knowiedge and that all Plumbing work and installations performed the permitm,wed for applimcation 'I be in compliance with all
pertinent Proyisions of the Massachusetts State Plumbing ter 142 no
nature
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NORTH ANDOVER BUILDING DEPARTMENT
400 Osgood Street
c
Tel: 978-688-9545
Fax: 978-688-9542
BUSEVESS FORM FOR TOWN CLERK
DATE: 3 b S -Lb, �-
ff MT u M�Mm
ADDRESS: q i'n
ZONING DISTRICT: C-7 72�
TYPE OF BUSINESS: 6A I'D 1,\,/
BUILDING LAYOUT PROVIDED:
AVAILABLE PARKING SPACES:— 9
ZONING BY LAW USAGE: YES NO
BUILDING INSPECTOR SIGNATURE
Revised 11.5.04
BUSNESS FORM FOR TOWN CLERK
NORTH ANDOVER BUILDING DEPARTMENT
400 Osgood Street
c
Tel: 978-688-9545
Fax: 978-688-9542
B USIAESS FORM FOR TOWN CLERK
DATE: Lj S -kb
NAME: �� f)
ADDRESS: c99- 30 c7/
ZONING DISTRICT:- --7
TYPE OF BUSINESS:. 91� 1
BUILDING LAYOUT PROVIDED:
AVAILABLE PARKING SPACES:
ZONING BY LAW USAGE: YES NO
BUILDING INSPECTOR SIGNATURE
RevaM 11.5.04
WISMSS FORM FOR, M" CLERK
Date .......
TOWN OF NORTH ANDOVER
PERMIT FOR WIRING
This certifies that ... /// J.— IZ6 /,)'� . .............................
... ........ . ...... ....... ........... .........
has permission to perform ... ........ ... ................
wiring in the building of . . ................................
........... ...
.....................................
at..n .............. L ..... /// k— ., , North Andover, Mass.
Fee .... Lic. Noll).-J,��-
.. ... ..... .. ....
ELEcrR iCAL IMP Ec IrOR
�-�,heck #
5554
1HE UUNIMUNVYLAUH UP*q&"(,HU3E113i Office Use only
DEPARTAfEW0FPUVUCS4FM Permit No.
BOAMOF REGUL4HONS5r(MIZVO
;; I Occupancy & Fees Checked
APPLICATIONFORPERMT PERFORMELE=CAL WORK
ALL WORK TO BE PERFORMED IN ACCORDANCE WITH HE MASSACHUSSTS ELECTRICAL CODE, 527 CM[R 12:00
(PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date
Town of North Andover
The undersigned applies for a permit to perform the
Location (Street & Number) 2- &� - -%<,
Owner or Tenant
Owner's Address - :� <) A -'L C--, (,-I
c described below.
--t-
To the Inspector of Wires:
Is this permit in conjunction with a building permit: Yes M NO (Check Appropriate Box)
Purpose of Building k"I Utility Authorization No.
Existing Service Amps �/4- Volts Overhead F--T-Ufferground No. of Meters S--
5'�
New Service Amps— 'Volts Overhead1:3 Underground No. of Meters
Number of Feeders and Ampacity
Location and Nature of Proposed Electrical Work A b 7) 6 t A /-e- 7-7 =-
No. of Lighting Outlets
No. of Hot Tubs
No. of Transformers
Total
KVA
No. of Lighting Fixtures
Swimming Pool Above
Below
Generators
KVA
ground
ground
No. of Receptacle Outlets
No. of Oil Burners
No. of Emergency Lighting Battery Units
No. of Switch Outlets
No. of Gas Burners
FIRE ALARMS
No. of Zones
No. of Ranges
No. of Air Cond. Total
Tons
No. ofDetection and
No. of Disposals
No. of Heat Total Total
Pumps
Tons
KW
Initiating Devices
No. of Sounding Devices
No. of Dishwashers
Space Area Heating KW
No. of Self Contained
Detection/Sounding Devices
Local Municipal
Other
No. of Dryers
Heating Devices KW
1:3 Connections
L --J
No. of Water Heaters KW
No. of No. of
Signs
Bailasis
No. Hydro Massage Tubs
No. of Motors
Total HP
OTHER"
IbaNeacu=1LiibkyhawxeR)kyff EkxfirgCmVi�eoLem=CoNwdWortWjS�ffMaMVWMI YB NO
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(flelse check one) Owner Agent
Telephone No. PERMrr FEE $
signature or Owner Or Agent
Date .....
3 3'1
TOWN OF NORTH ANDOVER
0
PERMIT FOR WIRING
This certifies that ...... A.1 ........ ........... C
has permission to perform ..... ..............................................
0 wiring in the building of ....... ...... ..........
North Andover, Mass.
at ..... ..................................................
Fee ... V Lic. No. .1.5.DX ... .............
Check # I,/ �y ELEcrii6kt, INSPEcrOR
WHITE: Applicant CANARY: Building Dept. PINK: Treasurer
I Im UU1 VJIVJUJ V WrAL 111 Ur I VMINVIL" WE 113 ulnuc UW unly
iUDEPARTA1EAT0FPVBL[CS4FETY Permit No.
BOARD 0FF7REPREVEW0ArRBGUL4T10AS 527CM 12-00 Occupancy & Fees Checked
APPUCATION FOR PERMU TO PERFORM ELECMCAL WORK
ALL WORK TO BE PERFORMED IN ACCORDANCE WITH THE MASSACHUSSTS ELECTRICAL CODE, 527 CMR 12:00
(PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Da
T t t the nspect6or
Town of North Andover 0 of Wires:
The undersigned applies for a permit to perfbrm the electrical work described below.
Location (Street & Number) C, A,\ Si f- +
Owner or Tenant -,r Aou ro 0� fiJ I A- Z / r
Owner's Address 41— JP, - ? rA MA CL _J t
Is this permit in conjunction with a building permit: Yes C7[ -No M (Check Appropriate Box)
Purpose of Building Utility Authorization No.
Existinla Service ICA> AmPLIaL ZJ& Volts Overhead erground No. of Meters
New Service Amps Volts Overhead M Underground r --J No. of Meters
Number of Feeders and Ampacity
Location and Nature of Proposed Electrical Work
?$b. ofLighting Outlets
No. ofHot Tubs
No. ofTransfonners
Total
� 41
KVA
No. ofLighting Fixtures
Swimming Pool Above
Below
Generators
KVA
i
ground
0
ground
No. ofReceptacle Outlets
No. ofOil Burners
No. of Emergency Lighting Battery Units
No. of Switch Outlets
No. ofGas Burners
FIRE ALARMS
No. ofZones
No. of Ranges
No. of Air C ond. Total
Tons
No. of Detection and
No. ofDisposals
No. of Heat Total Total
Pumps
Tons
-KW-
Initiating Devices
No. of Sounding Devices
-----
No. of Dishwashers
Space Area Heating KW
No. ofSelfContained
Detection/Sounding Devices
Local Municipal
M
OthJr—
No. of Dryers
Heating Devices KW
Connections
r7
No. of Water Heaters KW
No. of No. of
Signs
Bailasis
No. Hydro Massage Tubs
No. of Motors
Total HP
OTHER -
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lhx,,eaomatLmbfltyhm==Pbbr-ymdukgCanpkIcOpaaficmCovwdWcritssiistmMeWh-dkyt YES El— NO r
lhawabnadvalidpodofisarnetotheOffim YES M NO Ifvm ha%e dnixd YES, pk=mdc*theNxofimwraFbyd=kirgthe
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OWNER'S NRRANCE WAIVER-JarnammllittheLkaimdoes not Lam
(Please check one) Owner Agent r7
7
Telephone No. PERMIT FEE $ C�
TOWN OF'NOR11H.-ANDOVER
Oi'rke (if tile Buik'Ung Depa?-bnent
. fees
Con-pirunlity Devehil'.1nient and senl
400 Osgood Street
av"Icbmetts 01.8415
Michaid N41cGuire,
haerim Rifilding
August 23, 2005
RE- 28 — 30 Main Street �
To Whom It May Concern:
I'deplimn.0 C"78) (,',S&9�,45
FAX (97,�,,) 688-9-54-2
Please be advised that after review of the plan for the above listed property it is considered
preexisting non -conforming and as such the A&R plan for a lot line adjustment does not trigger
any variances or special permit requirements. The only way that a special permit or variance
would be required would be if an addition, alteration or change of use were applied for.. Therefore,
the lot fine adjustment did not extend or increase the nonconformity of the lot(s) but helped to
bring them closer to conformity in respect to area requirements. I hope that this letter will serve
your purposes at this fime. Should you have any further questions on this matter I may be reached
between the hours of 8:30 to 10:00 AM and 1:00 to 2:00 PM at 978-688-9545.
Respectfully,
Michael McGuire
Interim Building Commissioner
nug 22 05 02:30p Scott L. Masse
08/22/05 NON 14:09 FAA 9782449ZIl
15 Main Street AndO—, 164A 01810
-Tel. 978 -470 -BUS
Fox. 97s -47D-8807
11 Summer Street, Unit #2
ChSIMSford, MA 01824
Tel. 978-244-0544
Fax. 978-244-9211
R~ T. Wyman. Eficl.
Stephen B, Barton, E$cl.
Hon. R~ A. Berton
(justice of the Superior Court – Ret.)
� f1r;07
TO: Scott Dlasse, Es�q.
(978) 532-8410
VIIMAN LAW
Vrom:
Bob Wyman
Fam 978-532-9410 Pages: 1 (including the Cover Page)
rheyw. 978-532-8400 Date. 8/2-2/05
Re: 28-30 Vain Street, North Andover, N&
P. 1
WJ VU.L
Rott:
As we discussed this mming. u1Y clients are w-m�le to a
meCting between Mr. Cusack and the Building Thspector, &M
V,cr,uire,'almig with Al manzi, Sr. Th6 purpose of the meeting is
to obtaxn both oral and w-ritten confirmation frcm the code
enforament officer that, in his opinion there is 'no zoning
violation, and that a variance is not 41cessary. We will accept this
as an.accepathle resolution of the title matter.
As discussed, I will have Mr. Cusacli contac1cfk. X$pz_�,,�rectly to
can
arrahge.--this meeting. If resolved, we
asap. 7hank �ou.
—CONFIDENTIJU-11TY NOTICE I � x
The irdom%ation contained in this bcsimile messalp is leplily p"legglad and confidert V On irterKbd only fOr
the tze of the entity or Individual named above. It the mcliplent of Mis moss;V0 is not ed recli you am
0
hereW notified that any Msserninabon, fttftubon or copy at Oft facsimile Is stricft �` It you recelve dim
lacsi mile In emx, plem noft us by telephone, collect caD ff neoessary, and the. eafte ft orilional atessagle and
all copies. Thank you.
P
5
Additionally, the benefit conferred by recording the ANR plan likely preserved the use of
the property for three years from the date of endorsement:
When a plan referred to in section eighty-one P of chapter forty-one has been submitted to a
planning board and written notice of such submiission has been given to the city or town
clerk, the use of the land shown on such plan shall be govemed by applicable provisions of
the zoning ordinance or by-lawmi effect at the time of the subrruission of such plan while
such plan is bei-ig processed under the subdivision control law including the time required to
pursue or await the determination of an appeal referred to *in said section, and for a period of
three years from the date of endorsement by the planning board that approval under the
subdivision control law is not required, or words of similar uinport. Mass, General Laws.
Chapter 40A Section 6 P"oph 6
The ANR freeze "gives... protection only against the elimination of or reduction 'in the
Iiinds of uses which were permitted when the plan was submitted to the planning board.
Mark Bobrowsk. Massachusetts Land Use Plarim
�n
g. 2.d Edition. Section 5.04[hl Page 172
quotj= Bellows Farms v BWdjag Inspector of Acton. 364 Mass 260 U2-73
A Notwithstanding the above, section 7.1.3(2) of the North Andover By -Law, which you
referenced, does not apply to the Property because the Property is Preexisting
-'Nonconforming. A variance is not required at this time. A new lot was not created by the
ANR plan recording and therefore 7.1.3 (2) does not apply as evidenced by the following:
1. COMMENCE WITH SETBACKS:
With respect to the Property, it is considered Preexisting Nonconforrnmig. Section 7.1.3 (2)
of the North Andover By Law, to which you referred, controls for newly created lot(s),
created after Xby 1, 1995. The lot/Property *in question is previously existing. The
lot/Property pre -date the By -Law and are considered "grandfathered" with vested property
rights with respect to their existing use and the structure's footprint. This is further explained
below.
Lots created before the enactment of any zonmig in a city or town are free from "[a]ny
increase in area, frontage, width, yard, or depth requirements": These "shah not apply to the
lot. The lot is exempt from all later -enacted bulk requirements except the 5,000 square foot
and 50 -foot frontage requirements imposed by the statute. - Mark Bobrowski, The
Handbook for Massachusetts Land Use Planning Law. 2.d Edition. Section 5.03rCl Page 166
Therefore, with respect to conveyance of the Property, it is unreasonable to suggest
recording the ANR plan triggered section 7.1.3 (2) of the North Andover By -Law,
particularly since the Town issued the finding authorizing the recording of the ANR plan.
The ANR recording applies to the Property as it now exists, Preexisting Nonconforrnmig;
and this was a known condition of the Agreement. The minor modification of the lot line
adjustment has no relevance with respect to title per our Agreement. Additionally, Section
7.1.3 (2) of the North Andover By Law does not reference a cloud on title.
2of5
A
II. APPLYING SEC`I'ION 7.1.3(3) OF THE BY-LAW-.
For discussion purposes only, and without stipulating to your position, let me examine the
alleged zoning defect in greater detail. To the extent your position is correctly stated, it still
bears little to no relevance with respect to our Agreement or clear title with respect to the
same. For example:
To the extent there is a dimensional defect with respect to the Property itself, the structure
and its use remains Preexisting Nonconforniing; and may likely trigger section 7.1.3 (3) of
the North Andover By -Law when an applicant seeks to substandaByalter or extend the
Pmexisting Nonconfonning stmamr. This analysis with respect to section 7 of the
North Andover BrLaw speaks to a future use when requesting a specific permit; and does
not apply to the present use and structure ready for conveyance. Therefore, clear title is not
in issue with respect to 7.1.3(3).
III. BENEFIT OF THE ANR (APPROVAL NOT REQU`1RED) FINDING:
Furthen-nore, I would suggest the finding of the ANR (Approval Not Required) status by
the Town of North Andover with respect to the Property-, that is to say - adjusting existing
lot lines on existing Preexisting Nonconforming lots is sufficient evidence the Property/lots
are "grandfathered" as Preexisting Nonconforming in their current state.
Recording the ANR plan was not a trigger to remove the Preexisting Nonconforming status
as you suggested, but an acknowledgement by the Town of the Preexisting Nonconforming
status of the Property.
This is further evidenced by Section 9.1 Nonconforming Uses of the North Andover By -
Law, statme Preexisting Nonconforming uses may be altered or extended by a finding of the
Zoning Enforcement Officer. Notwithstanding that provision, nothing contained theremi
suggests the minor modification of the lot lines on previously existing lots rise to a level that
would trigger Section 9.1 of the BrLaw.
To the extent Section 9.1 of the B),Law was triggered, the Town of North Andover through
their f miding approved the plan and likely preserved the Preexisting Nonconforming status
of the Property/lot.
IV. AUTHORITY TO EXTEND PREEXISTING NONCONFORMING USES:
The authority of the Town of North Andover to find for a modification, alteration, or
extension of Preexisting Nonconforniing use or structure that extend the Preexisting
Nonconfornimig use of a property is derived from chapter 40A of the Massachusetts General
Laws:
Pre-existing nonconfonnm*g structures or uses may be extended or altered, provided, that no
such extension or alteration shall be perrnitted unless there is a finding by the perrnit
granting authority or by the special perrnit granting authority designated by ordinance or b),
law that such change, extension or alteration shall not be substantially more detr Uillental than
the existing nonconforaling use to the neighborhood. MQLA Ch. 40A Sec.6 Pmguph 6
This is further explained by author of The Handbook of Massachusetts Land Use and
Planning Law - Mark Bobrowski, Esq.:
3of5
6.04 [A] Modification of Nonconforming Uses
Blasco v Board of Appeals of Winchendon indicates that nonconfornuing uses may be
changed or substantially extended only where the local ordinance or by-law specifically
authorizes this practice. The municipality is free to liberally allow such changes or to
prohibit modification... The leading case is Powers v Building Inspector of Barnstable. The
court sets forth three tests for deterniinirig whether current or proposed use of property fits
within the exemption granted to nonconforming uses:
1. -whether the use reflects the "nature and purpose" of the use prevaiEng when
the zoning by-law took effect;
2. whether there is a difference *in the quality or character, as well as the degree, of
use;
3. whether the current use is "different 'in kind 'in its effect on the neighborhood"
Mark Bobrowski. The Handbook of Massachusetts Land Use and Planniag Law, 2.d
Edition, Section 6.04A] Page 19
As applied to our ANR plan for the Property, it is unlikely the lot line adjustment would
even trigger an extension as per section 9.1 of the North Andover By -Law. Conversely, to
the extent it did, the finding of the ANR lots by the Town of North Andover extends the
life of the Preexisting Nonconfornuing lot and structure. The lot line rniinor modification did
not likely trigger above points 1 through 3 as outlined 'in Poven vBtdUng Rspecor ofBamta&
363 Mass. 648 (1973). Either way, the Preexisting Nonconforrnmig status of the Property lot
remains unchanged 'in their current state.
Additionally, with respect to recording the ANR plan, the recording did not constitute a:
A) Change or substantial extension of such use;.
B) Extension or structural change of such structure;
Q Increase in the nonconfonning nature of said structure;
VA�ich, are all triggers defined by the statute that likely call 'in to question the Preexisting
Nonconforrnm'g: status of a structum not a lot. Therefore, I continue to reject your
assertion the lot for the Property is no longer " Grandfathered" Preexisting Nonconforming.
MGLA chapter 40A section 6 paragraph 1 states in relevant part with respect to triggers that
likely cause substantial extensions of or alterations to Preexisting Nonconforr mig structures:
Except as hereinafter provided, a zoning ordinance or by -la -w shall not apply to structures or
uses lawfully *in existence or lawfully begun, or to a building or special permit 'issued before
the first publication of notice of the public hearing on such ordinance or by-law required by
section fivebut shall apply to any change or substantial extension of such use, to a building
or special permit issued after the first notice of said public hearing, to any reconstruction,
extension or structural change of such structure and to any alteration of a structure begun
after the first notice of said public heaning to provide for its use for a substantially different
purpose or for the same purpose in a substantially different manner or to a substantially
greater extent exceptvi&ere alteration, reconstruction, extension or structural change to a
single or two-fan�iily residential structure does not *increase the nonconfornuing nature of said
structure. MGLA chVter 40A section 6 12"mph 1
I found no evidence to suggest the approved ANR nuinor modification of a lot line triggered
either. 1) change or substantial extension of such use; 2) extension or structural change of
such structure; 3) an increase the nonconforming nature of said structure; as defined above.
4of5