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Miscellaneous - 315 SOUTH BRADFORD STREET 4/30/2018 (7)
' t CORRESPONDENCE / Smolak Farms 1 1 � � � /� :� � /.� �:��� �D, -�� ___ 10-DAY EMERGENCY BEAVER OR MUSKRAT PERMIT Name: Smolak Farms, LLC; H. Michael Smolak Permit No. 41406 Address: 315 South Bradford Street, North Andover, MA 01845 Authorized Agent Name (if applicable): John Benedetto; 781 . 245 . 2807-Cell Bog in SW Quadrent of Farm Complaint Location: Stream & Pond in NW Quadrent of Farm In accordance with and pursuant to provisions contained in chapter 131 of the Massachusetts General Laws section 40, 80A and 321 Code of Massachusetts Regulation 2.08 and 10.00 (Wetlands Protection Act), the permittee(s) above named may immediately remedy the threat to human health and safety by one or more of the following options: .(a)-)the use of conibear or box or cage-type traps for the taking of beaver or muskrat, subject to the regulations promulgated by the Division of Fisheries and Wildlife (see back) b�the breaching of dams, dikes, bogs or berms, so-called* (c) employing any non-lethal management or water-flow devices* *If the permittee chooses option(s)b and/or c,he/she must appear before the local conservation commission to obtain an emergency certification regarding specifications for breach size and/or water- flow device installation in accordance to M.G.L. c. 131,s. 40(Wetlands Protection Act). The Board of Health has determined that said beaver or muskrat problem poses a threat to public health and safety as stated in M.G.L. c.131, s.80A. Specify: Flooding which prevents normal agricultural use of land Board of Health Official Name: Board of Health Official Signature: Susan Y. Sawyer Date: 4/14/06 The above signature validates this permit for 10 consecutive days from the date shown for option (a) only. If the permittee chooses options (b) and/or (c), he/she must return to the Board of Health for a final signature after obtaining an emergency certification from the conservation commission. Please attach the emergency certification to this permit and return to the Board of Health for final approval. (See Back) This permit is valid for 10 consecutive days from the date of the final Board of Health signature. Board of Health Official Name: Board of Health Official Signature: Date: This permit does not allow permittee(s) or their authorized agent to trespass on private property. This permit or a copy thereof shall be carried on the person of any individual exercising the authority thereof and shall be shown upon request if challenged by any local or state law enforcement officer empowered to enforce the provisions of M.G.L. c. 131. Massachusetts Division of Fisheries and Wildlife trapping regulations Permittee(s) may destroy problem furbearing mammals (named above) by means of a body gripping trap or by means of a box or cage type trap including Hancock or Bailey traps for catching beaver. The pan of Hancock and Bailey traps must be submerged in water. Problem furbearing mammals that are captured alive shall be disposed of by destruction in a humane manner. Body gripping traps with a jaw spread not less than 4 inches and not greater than 7 inches or body gripping traps with a jaw spread not less than 6 inches and not exceeding 10 inches for the trapping of beaver only, may be used if such traps are completely submerged in water. The placement of traps in reference to the proximity of the beaver lodge or beaver dam is unrestricted, but the disturbance or destruction of the beaver lodge or beaver dam is strictly prohibited unless otherwise authorized. Permittee(s) taking problem furbearing mammals, on the property of another, by means of a trap shall possess a valid Massachusetts trapping license and traps shall be registered according to M.G.L. c. 131, s. 80. Said problem furbearing mammals (named above), their carcasses or parts thereof may be retained by the permittee, sold, bartered, or exchanged for consideration during the open regulated harvest season for that species. Sealing of beaver pelts is required. Disposition of all carcasses obtained from the incidental capture of furbearing mammals not authorized by this permit must be surrendered to the District Wildlife Manager of the Division of Fisheries and Wildlife having jurisdiction in the town where the furbearing mammal was taken. 03/31/2006 09:58 19786888058 SMOLAK FARMS PAGE 01 { Smolak Farms, LLC 315 South Bradford Street North Andover, Massachusetts 01845 (978)682-6332-Stand (978)687-4029-Tours&Activities (978)688-8058-Office www.smoIakfarm5,corq North Andover Health Department 400 Osgood Street North Andover, MA 01845 (97$)6$8-9540 (978)688-8476 March 31, 2006 Dear Board Of Health, I am submitting this application for removal of the beavers at Smolak Farms that we have discussed. I would like it affective for April 15, 2006. This is when Mr. Benedetto will SM. Thank you, 4- r Q H. Michael Smolak Jr. 03131/2006 09:58 19786888058 SMOLAK FARMS PAGE 02 03I fid;' ? 105 :11:51 y Itib �5ti4 i G �.•�. APPLICATION VOR 1d-DAY ERG-ENCX PEMT TO MANAGE jazAvER CSR musxM4T TIMAT TO HE FILLE1D OUTHY SY APPLICANT Fee of applicable): $ �— . .. zip Code:4 . Oaythm Tel. # ]Evening Tel. # ,Agent Name Tel. # / Xa4-4 (ifapplicablo) 7�`t } .2,g67-- 43-O'07--L-16e, l Complaint Locatlon: AAS ��. Cg Is the problem entirely on your property? Yes: No: Don't Know: Note: If the problem.does not occur entirely on the applkant's property,consent forms from all other property owners=st be obtained. Complaint Condition; Check appropriate box and provide a dctaflcd description of the pereeived threat to public I=M and safety 11 Floo ft of drinking water well 0 Flooding of septic system or sewer M_ Flooding of public or private way or driveway 0 Flooding of a utility suwture such as an electrical or con=tu ications facility —_ r Flooding of a building CAMy D=wanWAnlranW,2001\Smva'Fnems AMAJ.Mtled ter May EmeTSimcy PeMit.dw BAfeean 03/3112006 09:58 19786888058 SMOLAK FARMS PAGE 03 03/3012006 11:51 97868884'?6 Hr k-I M r, ut uar G, t J rloading poses in=jnejnt three of substmtial pro"die --� AF'looding which prmnt s wwW agricultural use ofbnd. CI Other cariditioa^. .. Under MAG.L. C. 13 1,s. $0A,an emergeanoy permit w1ftrizas the apphamt or his duly anthorizcd ag immediatelyme to immediately remedy the threat to human beelth and SO&tY by ane or more of the fDUowing option ) IM cof caaibear yr box or cage�type traps fon the taking ofbeaver or muskrat,subject to r+egulsttio Wer-flow to bteaching of darns,dikes,bogs or be=$'and/or(c)employing Ra twnrletlaal management of.deices.The emenc�aoy perca�ft will be gadd fur 10 days ftm the date of issue. T certify the above informut'ion is true and correct to the best of my knowledge Date-, Signature of Applicant:)YM4 _ _ . . . . - .. - - - .. 41-- ---- ----- --------------------------------------- TMS ----- --------------- .-------- ------ TMS Sr'kMON t.5 FOR COMPLETION By NORTH ANDOVER HEALTH AND CONSERVATION DEFARTMEbi'1'8 Site visit by Health Approved Fem)k#_ Stan Aata��/ec�ate Y 2 S D` Ext, ate Perrot DenWDateDirector Suture Site visit by Cddserr g*M: Date Inspector tame. --- �� � Z �— r l 7 Conwvation Coxoauwion Application Req&ed: Yes No. 1� Findings&wwmmewations. f r( �± ,5'e-e- a-+Jo C. e-A f Mete-� �I ll�'t_.4'.Vn 7D r M 0 — Q-Gl� C "4:46,3 1 6,3 1e-44, doW A f r•I( I Y/ a08 E, Note: Options(b)and/or(c)above require applicant to get North,Andover Conservation Commission aWovW poor to such work in mtcordw%u with the Wetlands Protection,Act. C:lMy T�um�t,�/nnimats`�OOt�asvcr Wa+nylApptlraYrion far 2�,riny Famcrstncy twrinil.dae 83hrm R � Smolak Farms, LLC H. Michael Smolak, Jr. 315 South Bradford St. North Andover, Massachusetts 01845 smolakfarms@aol.com (978)688-8058 business office Andrew W Maylor Manager;Town of North Andover 120 Main Street North Andover, MA 01845 March 20,2013 Dear Mr. Maylor: It was with much disappointment that I received this letter from my neighbor.Several years ago when we were constructing our blueberry plantation,we had discussion about any sort of issues that might arise.At that time I plainly said"If there are a=problems or issues that arise,please contact me and we will see how we can resolve it"Carl,at that point in time said he would. Imagine the leap from there to this letter, it is rather staggering. The economic facts are such that we,as farmers, must included value added features which promote and feature parts of our farm,whether they be products or promotional.When we started doing these sorts of activities,I was very proactive and saw the town licensing authorities and asked what we needed to do and followed their direction. If there are any additional licenses or permits that we require,then I am not aware of them. Honestly,sometimes, I was not aware but as soon as I was made aware I made sure I was in compliance,whether it be,the Board of Health,the Building Department or The Licensing Commission. With regard to the events in the pine grove,that was always a portion of our business plan and has been going on many years. Even when we were children,the ethnic communities would come and have events in the pine grove. I wish Mr.Wighardt had talked to some of the boards to see that our licenses and permits were in order to save us all a lot of time and effort Our policy is written in our permits to stop the music at 10PM and is verbally told to every event that occurs there.Ashley Piazza,is our event coordinator and is very exacting in how she conducts business in my behalf. Never is there shouting and carrying on that goes well into the night unless well into the night means 10PM.I also find it hard to believe that DJ's try to "out do"each other since they seldom know each other.This past Summer, Mr.Wighart's house was under construction and maybe the music penetrated more than normal due to the house not being as insulated as normal. With regards to the police being called there are 2 reports one from 2011 with regard to noise and one in 2012 with regard to"discharge of firearms".That is all that is on record.There is no record of a noise complaint in 2012 and as I said, only 1 in 2011.When the police were called the first time the music was stopped immediately...With respect to firearms being discharged,I would offer some photos that would shed light on what this was. Far too often have animals and pets disappeared from the neighborhood due to coyotes and Fischer cats...The cap guns we use are meant to scare away the animals.There have been many times when I was awakened by a cat being ripped apart by a coyote or Fischer cat and this what my brother and I use to scare them away.We,by the way,are both licensed with Class A Large Capacity Licenses to Carry Firearms issues by the Town of North Andover. I would like to remain as a good neighbor and I know that the vast majority of neighbors are delighted to have us here. Perhaps,Mr.Wighart, should have had his Real Estate Broker do due diligence in educating him what living next to a farm means. With respect to alcohol licenses,we are licensed for entertainment, common victualler,beer and wine if they are sold but were told that if it is part of the event and no money is changed,then it is not required.With that said,all of the bartenders are tip certified and are diligent about their care in serving.I do not believe that there has been a single problem related to this that I know of. I find it hard to believe that we have been given preferential treatment by the Town of North Andover and find that statement to be rather insulting to the boards that oversee this. I have never asked for such and never has it been offered. As far as the activities are concerned,products from the farm are a large part of what is offered for food there and further,others have also used both food and flowers from the farm.Furthermore,these venues are used to promote the farm and its activities. I looked at the renderings that were presented and the tent was properly permitted when it was placed there.And to suggest that we should move what we do here is the same as suggesting that Mr.Wighart should move his house and business elsewhere as it frankly does not add to the quality of my or my family's life.I also fail to see how or why someone would cross a swamp,stonewall and woods and go on Mr.Wighart's deck and further I fail to see why that is a problem of mine. I also think that the inconvenience of traffic in those six weekends in the Fall is a large price to pay for being so lucky as to live near such outstanding beasty."North Shore Magazine"named Smolak Farms as the best farm on the North Shore. My family and I are humbled by the accolades and proud of it as well. I have attached Mass Law 40A Section B of the Mass General Laws, which allow us to conduct our business as it is.This was provided by the Massachusetts Farm Bureau.I spoke to Brad Mitchell there and asked if there was anything that he could see that we were doing wrong and he said that ours was one of the best run operations going.I am truly sorry that Mr. Wighart,considers this 130 acres,a function hall and further that he has not looked beyond the tent to see what beauty is out there and how most people consider this as asset to the town. Over the years we have employed hundreds of students and others here and also drawn business into the town. In conclusion,if the governing bodies recommend,that we conduct our business differently,then we certainly would have open ears as we always have had.I am further deeply saddened that Mr Wighart,has chosen to not have given me the courtesy of a conversation or a phone call about this. SinceI , re 0 H. Michael Smolak,Jr. Manager; Smolak Farms LLC North Andover,MA 01845 2013 WHIM DINNER SERIES DETAIL SHEET DATE: CHIEF/RESTAURANT: CONTACT INFORMATION: NAME: ADDRESS: E MAIL ADDRESS: CELL PHONE NUMBER: _ LICENSES AND PERMITS _ENTERTAINMENT / SMOLAK FARMS _COMMON VICTUALLARS LICENSE / SMOLAK FARMS _ BOARD OF HEALTH PERMIT _EVERYTHING LISTED IN COMPLIANCE BOH _SERVE SAFE SMOLAK FARMS/RESTAURANT _ALLERGEN AWARENESS CERTIFICATE _ LIQUOR PERMIT FROM LICENSING BOARD _TIP CERTIFICATION _ CONTRACT _ OPERATIONS SHEET _ PROMOTIONAL MATERIOAL FROM THE RESTAURANT _ PROMOTIONAL MATERIAL FROM SMOLAK FARMS INFORMATION ABOUT CHEF'S CHARITY MENU _BILLING _FOLLOWUP Weddings I Sm?lak Farms 3/20/13 3:48 PM Home FAQs Contact UsJ~" ga7 & .loin Our Mailing List enter your email Sign Up 4 � r , DDIi1CS At Smolak Farms you will have a wedding experience beyond all expectations.Say"I do"at our rustic gazebo in our heirloom apple orchard and start the next chapter of your life under our three peaked white tent in our cathedral pine grove.We are able to individually customize your wedding and include a real serene farm experience.Contact our wedding coordinator today to discuss how we are able to include resources from the farm to make it an event that you and your guests will never forget. err rte 'r Smolak Farms has specifically chosen our four exclusive caterers to insure the best quality food and service you can receive.We work closely with our caterers to ensure your menu choices work around the farm's crop schedule and fit the season.We are especially excited that our own produce can also be incorporated into your menu.Our caterers promise that your meal will be cooked on site insuring quality and freshness. http://www.smolakfarms.com/events-weddings Page 1 of 2 Weddings!Smol,k Farms 3/20/13 3:48 PM CHECK OUT SMOLAK FARMS FEATURE ON STYLE ME PRETTY! htWp//www.slylemepre .com/massachusetts-weddings/2012/08/O1/smolak-farms-weddine-by-hannah-persson-photo/ CELEBRATIONS AT SMOLAK FARMS: hU:Hstaceyhedman.com/christin-matt-smolak-farms-weddin Call 978-682-6332,ext.2 today about planning your wedding at Smolak Farms! ,�r"° Smolak Farms •,,,- 315 South Bradford Street ♦6 S North Andover. MA 01845 1 as , Phone (978) 682-6332 :auyri�Ff 2C'3 � -nh+s'cSCrreO Boston Website Design&Development by o'rj�lea• :nteractiv. http://www.smolakfarms.com/events-weddings Page 2 of 2 Rehearsal Dinners I Smolak Farms 3/20/13 2:15 PM Home FAQs Contact Us � .Join Our Mailing List Jmo" enter your email Sign Up �. �+ �`� !vim .t ,Y•. 1� _i -7 A 1,11 SA 1_ 0 It t ERS Spend the night before or the day after at Smolak Farms to celebrate your wedding day with your wedding party. Relax and enjoy your time.Offerings include our own homemade Farm Stand Brunch,sunset hayrides to our bonfire,and picnics in our orchards.This experience can be customized for your needs. Smolak Farms has specifically chosen our four exclusive caterers to ensure the best quality food and service you can receive.We work closely with our caterers to ensure your menu choices work around the farms crop schedule and fit the season.We are especially excited that our own produce can also be incorporated into your menu.Our caterers promise that your fmeal will be cooked on site insuring quality and freshness. I Contact our meeting coordinator or call 978-682-6332,eat.2 to start planning your next event. V A r� Smolak Farms ,�;� , 315 South Bradford Street North Andover, MA 01845 °$ Phone- (978) 682-6332 �.OUY(ra 2c"3.=,�r;getr;_es_...,,r•� Boston Website Design&Development oy ;• ar mterartwe http://www.smolakfarms.com/rehearsal-dinners Page 1 of 1 Corporate Events.1 Smolak Farms 3/20/13 2:14 PM Home FAQs Contact tis ®L �'y Join Our Mailing List // " 9a ! enter your email Sian Up l f Y ■ COLPO-QA s"E IN NTS Planning a customer or employee appreciation day or company outing?Smolak Farms has become a favorite for corporate events...bring your office to the country!Kick back in one of our Adirondack chairs and let Smolak I`� Farms do all the work for you.We can entertain your guests with hUrides through our orchards,stopping for l 7 seasonal fruit picking,team building events throughout the farm,and a variety of outdoor activities for your guests to enjoy. .` Smolak Farms has specifically chosen our four exclusive caterers to ensure the best quality food and service you � can receive.We work closely with our caterers to ensure your menu choices work around the farms crop ' schedule and it the season.We are especially excited that our own produce can also be incorporated into your t menu.Our caterers promise that your meal will be cooked on site insuring quality and freshness. Contact our meeting coordinator or call 978-682-6332,ext.2 to start planning your next event. Smolak Farms 315 South Bradford Street �t•,S North Andover. MA 01645 Phone (976) 682-6332 .n.OJff.aia 2`.;1.; 1 2 r€ser'vco Boston Website Design&Development tr 3CiOgCJus http://www.smolakfarms.com/events-corporate Page 1 of 1 Private Parties 1 Smolak Farms 3/20/13 2:14 PM Home FAQs Contact Us ®-•'- Join Our Mailing List enter your email Sign Up pp , ti w: Whether you're planning a family gathering or an afternoon with friends,Smolak Farms is the perfect open air venue for a worry free day.Baby and bridal showers,birthdays,family reunions,milestones or any celebration.We are happy to help you plan your next event.Contact Smolak Farms today to inquire about our event offerings including hayrides,horseshoes, volleyball and seasonal fruit picking and much more! Smolak Farms has specifically chosen our four exclusive caterers to ensure the best quality food and service you can receive.We work closely with our caterers to ensure your menu choices work around the farms crop schedule and fit the •;, season.We are especially excited that our own produce can also be incorporated into your menu.Our caterers promise that your meal will be cooked on site insuring quality and freshness. r. � Contact our meeting coordinator or call 978-682-6332,ext.2 to start planning your next private event. Smolak Farms -;, 315 South Bradford Street 'S Mort.. Andover, MA 01845 } . Phone: (978) 682-6332 Boston Website Design&Development !,'jyr;rG.aa ntera_ tr.a http://www.smolakfarms.com/events-private-parties Page 1 of 1 .� y.. a- •:.�r T,> u, yp 144 4 4, �. . r .y, Y JS ' ��- r w^ Y - y o M ^ r � . r Y r t� 'Y'A. 5 `R�`s• .w 1 0'SY� � a `f �t'zP 2 Ar 71 ;�� Py"?•—. i;��r't��� z'4,Mf�-fir+' "'.` P �,�.,F ^.5, t �* 'Itor- 41 c t • _ �Y V r r r, 1'l- lb { TAK �. r y� ` , � , \'1�.:i^•y 4 ;�- q,,. a * �t t! �l � � 7 {k, `�► —�.. _ „ N 'y' .y,.r moi. w � i �` J General Laws:CHAPTER 40A,Section 3 3/15/13 9:22 AM Print PART I ADMINISTRATION OF THE GOVERNMENT (Chapters 1 through 182) TITLE VII CITIES, TOWNS AND DISTRICTS CHAPTER 40A ZONING Section 3 Subjects which zoning may not regulate; exemptions; public hearings; temporary manufactured home residences -- _ -- Section 3. No zoning ordinance or by-law shall regulate or restrict the use of materials, or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate, or require a special permit for the use of land for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, nor prohibit, unreasonably regulate or require a special permit for the use, expansion, reconstruction or construction of structures thereon for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, including those facilities for the sale of produce, wine and dairy products, provided that either during the months of June, July, August and September of each year or during the harvest season of the primary crop raised on land of the owner or lessee, 25 per cent of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, or at least 25 per cent of such products for sale, based on either gross annual sales or annual-volume, have been produced by the owner or lessee of the land on which the facility is located and at least an additional 50 per cent of such products for sale, based upon either gross annual sales or annual volume, have been produced in Massachusetts on land other than that on which the facility is located, used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, whether by the owner or lessee of the land on which the facility is located or by another, except that all such activities may be limited to parcels of 5 acres or more or to parcels 2 acres or more if the sale of products produced from the agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture use on the parcel annually generates at least $1,000 per acre based on gross sales dollars in area not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture. For such purposes, land divided by a public or private way or a waterway shall be construed as 1 parcel. No zoning ordinance or by-law shall exempt land or structures from flood plain or wetlands regulations established pursuant to the General Laws. For the purposes of this section, the term "agriculture" shall be as defined in section 1A of chapter 128, and the term horticulture shall include the growing and keeping of nursery stock and the sale thereof. Said nursery stock shall be considered to be produced by the owner or lessee of the land if it is nourished, maintained and managed while on the premises. http://www.malegislature.gov/Laws/GeneralLaws/Parti/Tit[eVII/Chapter4OA/Section3/Print Page 1 of 3 General Laws:CHAPTER 40A,Section 3 3/15/13 9:22 AM No zoning ordinance or by-law shall regulate or restrict the interior area of a single family residential building nor shall any such ordinance or by-law prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. Lands or structures used, or to be used by a public service corporation may be exempted in particular respects from the operation of a zoning ordinance or by-law if, upon petition of the corporation, the department of telecommunications and cable or the department of public utilities shall, after notice given pursuant to section eleven and public hearing in the town or city, determine the exemptions required and find that the present or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public; provided however, that if lands or structures used or to be used by a public service corporation are located in more than one municipality such lands or structures may be exempted in particular respects from the operation of any zoning ordinance or by-law if, upon petition of the corporation, the department of telecommunications and cable or the department of public utilities shall after notice to all affected communities and public hearing in one of said municipalities, determine the exemptions required and find that the present or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public. For the purpose of this section, the petition of a public service corporation relating to siting of a communications or cable television facility shall be filed with the department of telecommunications and cable. All other petitions shall be filed with the department of public utilities. No zoning ordinance or bylaw in any city or town shall prohibit, or require a special permit for, the use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child care facility; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. As used in this paragraph, the term "child care facility" shall mean a child care center or a school-aged child care program, as defined in section 1A of chapter 15D. Notwithstanding any general or special law to the contrary, local land use and health and safety laws, regulations, practices, ordinances, by-laws and decisions of a city or town shall not discriminate against a disabled person. Imposition of health and safety laws or land-use requirements on congregate living arrangements among non-related persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination. The provisions of this paragraph shall apply to every city or town, including, but not limited to the city of Boston and the city of Cambridge. http://www.malegislature.gov/Laws/GeneralLaws/Partl/TitieVII/Chapter4OA/Section3/Print Page 2 of 3 General Laws:CHAPTER 40A,Section 3 3/15/13 9:22 AM Family child care home and large family child care home, as defined in section 1A of chapter 15D, shall be an allowable use unless a city or town prohibits or specifically regulates such use in its zoning ordinances or by-laws. No provision of a zoning ordinance or by-law shall be valid which sets apart districts by any boundary line which may be changed without adoption of an amendment to the zoning ordinance or by-law. No zoning ordinance or by-law shall prohibit the owner and occupier of a residence which has been destroyed by fire or other natural holocaust from placing a manufactured home on the site of such residence and residing in such home for a period not to exceed twelve months while the residence is being rebuilt. Any such manufactured home shall be subject to the provisions of the state sanitary code. No dimensional lot requirement of a zoning ordinance or by-law, including but not limited to, set back, front yard, side yard, rear yard and open space shall apply to handicapped access ramps on private property used solely for the purpose of facilitating ingress or egress of a physically handicapped person, as defined in section thirteen A of chapter twenty-two. No zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare. No zoning ordinance or by-law shall prohibit the construction or use of an antenna structure by a federally licensed amateur radio operator. Zoning ordinances and by-laws may reasonably regulate the location and height of such antenna structures for the purposes of health, safety, or aesthetics; provided, however, that such ordinances and by-laws reasonably allow for sufficient height of such antenna structures so as to effectively accommodate amateur radio communications by federally licensed amateur radio operators and constitute the minimum practicable regulation necessary to accomplish the legitimate purposes of the city or town enacting such ordinance or by-law. http://www.malegislature.gov/Laws/GeneralLaws/Parti/TitleVII/Chapter4OA/Section3/Print Page 3 of 3 ,1475 Osgood Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2011000018968 (978) 683.3168 Print Date: March 15,2013 Incident Report Printed By: pdellech Incident Information Occurred Day of Date Time Occurred Day of Date Time Reported Date Time On/From Week To Week On Fri 08/26/2011 8:09:11 PM Fri 08/26/2011 1 8:09:11 PM 8/26/2011 8:09:11 PM Reported As Incident Type-Primary Arresting Officer Disturbance- General Disturbance-General Incident Address Reporting Officer 312 South Bradford Street, North Andover, MA 01845 Patrol Officer David Patnaude Sector Stat.Area Sub Stat.AreaCensus Tract Landmark Sector 3 1 Business Name Incident Types-Other SMOLAK FARM STAND Related Incident Summary Incident No. Date • Nature lNotes No Related Incidents reported for Incident M 2011000017780 Associated Persons Summary Type Name(Last, First, MI) =ate of Birth I Sex I Home Phone#1 Cell Phone# Work Phone# Caller WIGHARDT,CARL JM N/A ---------------- ---------------------------------------------------- ................. ---------- ------ ------------- --------- ----------- ------ --- . ....... Address: 790 Dale Street, North Andover, MA 01845 Associated Businesses Summary Type I Name Primary Phone# I Secondary Phone# No Associated Businesses reported for Incident#:2011000017780 Involved Officers Officer Title Officer Name Officer Type Division Patrol Officer David M Patnaude Reporting Officer Patrol Officers Patrol Officer David M Patnaude Responding Officer Patrol Officers IBR/UCR Offenses Offense Number I IBR Type Chapter Section Statute ID/IBR Type Description No Incident Offenses Recorded for Incident#:2011000017780 Complaint Charges Seq# Chapter Section Name(Last,First,MI) Description of Offense No Complaint Offenses Recorded for Incident#:2011000017780 Vehicle Info Vehicle No. I Vehicle Mak4 Vehicle Model I Vehicle Year VIN Primary Color I Secondary Colorl Plate No. State No Vehicle Info Recorded for Incident#: 2011000017780 Property No Property Info reported for Incident#:2011000017780 Citations Citation No Code I Date Status Statute Description No Citations reported for Incident#:2011000017780 1475 Osgood Street File No: N/A `North Andover, Ma. 01845-4099 Dispatch Incident Number: 2011000018968 (978) 683-3168 Print Date: March 15,2013 Incident Report Printed By: pdellech Incident Dispatcher Remarks: Create User ID: system Date&Time 08/26/2011 20:22:23 2011/08/26 20:10 Croteau, Eugene 534: CALLER REOPORTS LOUD MUSIC. 2011/08/26 20:21 Gallant, Kimberly 555: 305 CLEAR, OFFICER PATNAUDE REPORTS THIS WAS A WEDDING UNDER THE TENT,THE COORDINATOR WILL HAVE THE DJ TURN DOWN THE MUSIC. CLEAR. - ............ ........ ------ ---------------------------------------------------------------------. ......................................................... ,1475 Osgood Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: 2012000015126 (978) 683-3168 Print Date: March 15,2013 Incident Report Printed By: pdellech Incident Information Occurred Day of Date Time Occurred Day of Date Time Reported Date Time On/From Week To Week On Mon 107/02/20121 9:50:42PM Mon 07/02/2012 1 9:50:42PM 7/2/2012 9:50:42PM Reported As Incident Type-Primary Arresting Officer Fireworks Complaint Fireworks Complaint Incident Address Reporting Officer 790 Dale Street,North Andover,MA 01845 Patrol Officer John McEvoy Sector Stat.Area Sub Stat.Area Census Tract Landmark Sector 3 Business Name Incident Types-Other N/A 7 1 Related Incident Summary Incident No. Date Nature Notes No Related Incidents reported for Incident#:2012000014302 Associated Persons Summary Type Name(Last,First,MI) Date of Birth I Sex I Home Phone#1 Cell Phone# Work Phone# Caller WIGHARDT, CARL J # N/A Address: 790 Dale Street, North Andover, MA 01845 Caller SKIBA, DAVID JN/A M N/A N/A . . ------------- -- ----- ---- Address, 866 Dale Street, North Andover,MA 01845 ssociated Businesses Summary Type I Name Primary Phone# Secondary Phone# No Associated Businesses reported for Incident#:2012000014302 Involved Officers Officer Title Officer Name Officer Type Division Patrol Officer John W McEvoy Reporting Officer Patrol Officers Patrol Officer John W McEvoy Responding Officer Patrol Officers IBR/UCR Offenses Offense Number IBR Type Chapter Section Statute ID/IBR Type Description No Incident Offenses Recorded for Incident#:2012000014302 Complaint Charges Seq# I Chapter I Section Name(Last,First,MI) Description of Offense No Complaint Offenses Recorded for Incident#: 2012000014302 Vehicle Info Vehicle No. I Vehicle Makd Vehicle Model I Vehicle Year VIN Primary Color I Secondary Colorl Plate No. IState No Vehicle Info Recorded for Incident#:2012000014302 Property No Property Info reported for Incident#:2012000014302 7771 Citations Citation No Code Date Status Statute Description No Citations reported for Incident#:2012000014302 1475 Osgood Street File No: N/A ✓North Andover, Ma. 01845-4099 Dispatch Incident Number- 2012000015126 (978) 683-3168 Print Date: March 15, 2013 Incident Report Printed By: pdellech Incident Dispatcher Remarks: Create User ID: system Date&Time 07/02/2012 21:59:56 2012/07/02 21:51 Bruner,Robert 557: CALLER REPORTS HEARING GUNSHOTS, 306 IS ALREADY IN THE AREA AND SAYS HE HEARD FIREWORKS AND IS SEARCHING THE AREA. 2012/07/02 21:57 Bruner, Robert 557 OFF MCEVOY REPORTS HE CHECKED THE AREA WITH NOTHING FOUND - - --------------------------------------------------- ......... ----------------------------- ---------- ---------------............------...-----...........--... Sawyer, Susan From: Bellavance, Curt Sent: Wednesday, October 30, 2013 4:21 PM To: Sawyer, Susan Subject: RE: Smolak I think the TM will be supportive. We've been hearing form too many neighbors to ignore them any longer and stop being cordial. From: Sawyer, Susan Sent: Wednesday, October 30, 2013 4:13 PM To: Bellavance, Curt Subject: RE: Smolak NACC—has a seasonal for the snack bar $60 and restaurant$185 Barker is just a farm stand seasonal$60 Boston hill is at$280; like Smolak used to be. Butcher Boy$540 based on multiple types of processes I will instruct the next inspection round to try to determine if establishments and their permits actually match. Such as Boston Hill. It is time to review...obviously. This big question is...we want to hold firm on the deadlines next year. The grace period is over which was clearly taken advantage of. I will return applications that do not meet the deadline just as we have for others. I want this to be clear that they will not have food at a "event" if they have a caterer who submits late registration or a restaurant with an applications such as a Whim dinner. But only if this adherence to the deadline would be supported by the TM's office? From: Bellavance, Curt Sent: Wednesday, October 30, 2013 3:12 PM To: Sawyer, Susan Subject: RE: Smolak Yes. It looks logical'and well put together. What are some comparison fees such as the NA Country Club, St. Michaels, etc... From: Sawyer, Susan Sent: Wednesday, October 30, 2013 2:48 PM To: Bellavance, Curt Subject: RE: Smolak I just got back from the field. Did you get to take a look at it. From: Bellavance, Curt Sent: Wednesday, October 30, 2013 1:16 PM To: Sawyer, Susan Subject: RE: Smolak 1 Sure....let's talk From: Sawyer, Susan Sent: Wednesday, October 30, 2013 12:43 PM To: Bellavance, Curt Subject: Smolak I have attached a draft letter for Smolak Farm's food permit renewal for 2014. It includes increased fees to address the additional processes at the Farm identified this year. It is not my general practice to send you renewal information, however I felt you should be aware before it was sent out. In addition, I believe that we may not be the only department who has had a difficult time getting them properly permitted this year. Can we talk a bit before I send it? Susan Sawyer Public Health Director Town of North Andover 1600 Osgood Street Suite 2035 North Andover,MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mailto:ssawyer@townofnorthandover.com Web www.TownofNorthAndover.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 2 North Andover Health Department Community Development Division October 31, 2013 Michael Smolak Smolak Farms 315 South Bradford Street North Andover, MA 01845 Re: permit to operate a food establishment Dear Michael, As you are aware, in March of 2013, the Town Manager's office received a letter of complaint regarding the expansion of ongoing operations at Smolak Farms. This resulted in a request by the Town Manager for each department to assess the events held at your Farm. After some research of your website, this office identified that the current permit held by Smolak Farms was inadequate to cover the expansive offerings, and that immediate attention was needed to ensure the safety of the public who attended Smolak events where food is served. In response to those findings, Health Department staff has met with you and/or your staff on several occasions, over the past 8 months. Our discussions were focused on issues strictly relating to your food establishment permit. In these meetings it was requested that all farm events, which have or involve food service, be incorporated into a spread sheet. (see attached spreadsheet) Some other items of concern were to be addressed in the short term, such as; identifying a person in charge of events to improve communication, conduct staff training sessions in food safety and choke saving, ensure proper permitting of caterers and vendors whom are not employed by Smolak Farms. Other long term items such as permit fees would be discussed between the operating seasons. For this season, our records show Smolak Farms had the following event applications reviewed and processed within the Health Department since June 2013: Catered Weddings/Functions—30 Smolak Events/Whim Restaurant series—33 4 applied and cancelled events The process with Smolak's was man-hour intensive. It was often daily work for our office throughout the summer and will still continue through December. Although the request was that 1600 Osgood Street,Unit 2035,North Andover,Massachusetts 01845 Phone 978.688.9540 fax 978.688.8476 Web www.townofnorthandover.com Smolak Farms October 31, 2013 all food applications were to be submitted at least 10 days prior to the event; approximately 50% were late. Late applications can be denied,however the Health Staff was determined not to let the customers, brides and patrons suffer the consequences by cancelling these events. The Health Department's Administrative Assistant and Inspector redirected an immense amount of time from other duties and were 100% successful in their efforts to approve applications to ensure that the weddings, night time dinners and events were not affected. As this season comes to a close, it is now time to look towards 2014. Until this upcoming permit season, Smolak Farms has been issued a permit in a category of "Small Retail Bakery" at a fee of$280. Permit fees are based on the types of processes that occur at a food establishment and the fees associated with each type. This year an additional $210 was charged for temporary events that were not covered by the current permit type. Clearly Smolak Farms is unlike any other food establishment permitted within the Town of North Andover. The attached renewal form is requesting a fee of$605,having placed the Farm in a new category as a"restaurant/small retail store/bakery/caterer". The explanations and protocols for 2014 are in the attachment entitled 2014 Protocols—Smolak Farms. In 2013,the late and incomplete applications, resulting in anxious moments and rushed reviews, could have resulted in mistakes, cancelled events or even food borne illness outbreaks. Smolak Farms is a unique asset to the community and an illness outbreak would not serve well for the town or the Farm. It is expected that permit holders will staff adequately to be able to complete the tasks needed. Although your newly appointed coordinator tried their best,the execution of the task was flawed. Please understand that the fees paid annually are for inspections and permitting properly submitted applications. This office cannot be responsible for providing service to solicit your customers to comply with the regulations. Be advised,permits that are late in 2014 will be returned to the submitter unprocessed and incomplete applications can be denied. We look forward to a better process in 2014 and thank you in advance for your anticipated cooperation. Since , 'san S er, 1REHS Health Direc r Cc: Curt Bellavance, Com. Dev. Director Andrew Maylor, Town Manager Attachments: 2014 Protocols Renewal notices Event spreadsheet 1600 Osgood Street,Unit 2035,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com North Andover Health Department (ommunity Development Division 2014 Health Department Protocols and Conditions for Permitting Smolak Farms Protocols for applications and registrations -It is expected that Smolak Farms have a dedicated event staff and that person(s)will be responsible for the events. All protocols are fluid and subject to change as the season progresses; Please review the details listed below. In many instances additional applications are not needed. The Health Office will not be responsible for late applications or incomplete submissions. More important than the fee submission is ensuring compliance to the code and town requirements. It is expected that Smolak Farms will properly advise those using the property for their private or public events. The following conditions will apply regarding permitting for 2014; - A designated coordinator and contact information with backup staff will be identified. - A complete list of events will be submitted for an overview; 30 days prior to spring opening day. - Prior to opening day a meeting will be held on site with the Kitchen Manager, Event Coordinator, Health Inspector and Health Consultant - In addition to the two inspections during the season. The consultant will meet on site with the coordinator two additional times to review documentation and procedures. - Smolak Farm employee staffed events on site will not be required to obtain a temporary food permit. (Whim set up, BBQ's,hayrides,bonfires, festivals) Off-site events attended by Smolak Farms will require a registration as a caterer and not require a fee. (Sheep Shearing, Taste of N. Andover) All caterers will still be responsible for submitting their"caterer registration form". We are requesting a 10 day advance registration, which has no fee. All non-caterers and non-Smolak employee run events will still be categorized as "temporary events" or need a separate food license and will be assessed a fee. The non- Smolak entity must apply to the Health Department. (boy scout fundraiser BBQ— cooking by parents on site,Farm to table cooking class) Please contact the Health Department with any questions. Thank you 1600 Osgood Street,Bldg 20 Unit 2035,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com A •- Commonwealth of Massachusetts BOARD OF HEALTH • North Andover 1600 OSGOOD STREET SUITE#2035 NORTH ANDOVER,MA 01845 FOOD ESTABLISHMENT DATE PRINTED 10/24/2013 ESTABLISHMENT NAME: Smolak Farms Smolak Farms 315 South Bradford Street File Number: BHF-2002-000109 Attn:Michael Smolak NORTH ANDOVER MA 01845 RE: 2014 LICENSE RENEWAL LOCATED AT: 315 SOUTH BRADFORD STREET ,Commonwealth of Massachusetts OWNER: Smolak Farms,LLC PHONE:(978)688-8058 PERMIT TYPE FEE Food Est. -Restaurant/Small Retail $605.00 Store/Bakery/Caterer Total Fees: $605.00 COURTESY RENEWAL REMINDER..........Your 2013 permit expires on December 31 st. In order to renew this permit you must be in compliance with the State Sanitary Code 105 CMR 590.000. To ensure timely processing,please send in your application and payment by November 30th. Your renewal fee for the calendar year is indicated above.Please submit the following documents and appropriate fee: 1.Completed application(forms can be found on the Town of North Andover website) 2. Check for your renewal fee made payable to the Town of North Andover 3.Copies of allergen and serve safe certificates Renewal permits will not be issued unless ALL COMPLETED DOCUMENTS are submitted. NEW:Payments may now be made on-line. Sign up here:http://www.townofaorthandover.com Click on"On-line payments"the follow the links.If you choose to pay your fee on-line,please make sure you either mail or email your application and accompanying paperwork and please make a note on your application that it was paid on-line. Please be advised that your Annual Food Service Permit must be conspicuously posted within the establishment at all times,and that at least one Certified Food handler must be on site at all times when the facility is open to the public. All necessary forms and regulations may be found on the Town of North Andover website:www.townofnorthandover.com- Town Departments- -Health Department-Permits&Regulations. If you have any questions,please e-mail the Health Department at:healthdept@townofnorthandover.com,or call at 978.688.9540. Please note that the Board of Health will levy a penalty of an additional fee if your license is not renewed by January 1 st. Thank you for your cooperation during the annual renewal process. I •- Commonwealth of Massachusetts tbreu 146 BOARD OF HEALTH • North Andover 1600 OSGOOD STREET SUITE#2035 NORTH ANDOVER,MA 01845 DUMPSTERS DATE PRINTED 10/17/2013 ESTABLISHMENT NAME: Smolak Farms Smolak Farms 315 South Bradford Street File Number: BHF-2002-000109 Attn:Michael Smolak NORTH ANDOVER MA 01845 RE: 2014 LICENSE RENEWAL LOCATED AT: 315 SOUTH BRADFORD STREET ,Commonwealth of Massachusetts OWNER: Smolak Farms,LLC PHONE:(978)688-8058 RENEWAL FEE DUE: $60.00 PERMIT TYPE FEE Dumpster Permit $60.00 NOTES: Contact:H.Michael Smolak; 978.688.8058 Total Fees: $60.00 COURTESY RENEWAL REMINDER............Your 2013 Dumpster Permit expires on December 31 st..To ensure timely processing,please send in your application and payment by November 30th. NEW:Payments may now be made on-line. Sign up here:http://www.townofnorthandover.com Click on"On-line payments"then follow the links.If you choose to pay your fee on-line,please make sure you either mail,email or fax your application. Please refer to our website at www.townofnorthandover.com(link to Town Departments,and proceed from there)for all the latest applications,forms and regulations.If you do not see a form that you need,please contact the Health Department at 978.688.9540.If you would like,you can e-mail us at:Healthdept@townofnorthandover.com. PLEASE MAKE SURE THAT YOU INCLUDE A SKETCH ON THE BACK SIDE OF THE APPLICATION INDICATING THE LOCATION OF YOUR DUMPSTER ON YOUR PROPERTY. Your renewal fee for the calendar year is indicated above.Please note that the Board of Health will levy a penalty of an additional fee if your license is not renewed by January 1 st. Thank you for your cooperation during the annual renewal process. r Event Date Start Time End Time Locati Caterer Permit? - KS Tour- Beverly Rec. Dept. 7/9/2013 11:00 AM 12:00 PM B 7/10/2013 10:00 AM 1:00 PM B Tour-Camp Rainbow Tour-Pennbrook School 77�/11j1/2013 11:00 AM 12:00 PM B Crazy Container Planting for Kids 7/18/2013 1:00 PM 3:00 PM GH WHIM Dinner 7/24/2013 6:00 PM 10:00 PM T Rialto Tour- Melrose Fam YMCA 7/24/2013 10:30 AM 11:30 AM B Tour- Revere Public School 7/25/2013 10:00 AM 11:00 AM B WHIM Dinner 7/31/2013 6:00 PM 10:00 PM T Deauxave _ 11 M-1 !r»"`A t5` .i •s a; sL+n "`ar.a a, e ^d #u y 'J ^,�+t.n',. y�i. ,a',i• ;'° Y'D* NEI Tour- Malden YMCA 8/5/2013 10:30 AM 11:30 AM B Crop to Kitchen 8/6/2013 T C. Greico 3 - WHIM Dinner 8/7/2013 6:00 PM 10:00 PMT ineage PM T _ — r� OR Crop to Kitchen 8/13/2013 T C. Greico WHIM Dinner 8/14/2013 6:00 PM 10:00 PM T Tremont 647 Tour-Shining Stars 8/14/2013 10:00 AM 11:00 AM B WHIM Dinner 8/21/2013 6:00 PM 10:00 PM T Salty Pig Tour- Beverly Childrens Learning 8/23/2013 10:00 AM 11:00 AM B a Scholastic Book Fair 9/10/2013 10:00 AM 12:00 PM B UP ,fib+ fsr €ry Aa .2 Tour- MV Jewish Feder 9/16/2013 3:30 PM 4:30 P.M. B r TrU7 2L S Tour-Boston Childrens' School 9/24/2013 10:30 AM 11:30 AM B s littfenk Tour Faulkner Kindergarten 9/27/2013 9:00 AM 10:00 AM B Tour- East Ethel Little School 9/27/2013 9:30 AM 10:30 AMB ; N WN A PROW, 41,wlWW � �c 9/30/2013 9:30 AM 10:30 AM B Tour- Reading Baptist Day Tour-Reading Baptist Day 10/1/2013 9:30 AM 10:30 AM B Tour- Reading Baptist Day 10/1/2013 12:30 PM 1:30 PM B 10/2/2013 10:00 AM 11:00 AM B Tour- Marblehead YMCA ,. 10/3/2013 5:000 . .. 100,00 p.m. T Littleneck Tour- Northshore YMCA 10/3/2013 10:00 AM 11:00 AM B Tour-World of Learning 10/4/2013 10:00 AM 11:00 AM B 10/4/2013 12:00 PM 1:00 PM B Tour- NA ECC7777777777 r: 4� m Tour-Little Treasures 10/9/2013 9:45 AM 10:45 AM B . .. 4APPM 1 � 1fl 3 SIA,d6nuts m Tour- Philbrick 10/18/2013 9:00 AM 10:00 AM B E.7t-l�'lFt1 T' ss Ul a�cY3 .. Fall Harvest Arrangement Workshop 11/2/2013 1:00 PM 3:00 PM GH Planning Your Thanksgiving Dinner Workshop 11/10/2013 1:00 PM 3:00 PM GH Open House 11/23/2013 7:00 AM 5:00 PM FS Christmas Wreath Decorating Workshop 12/7/2013 1:00 PM 3:00 PM GH S • S��TL�D 1646 • INTEROFFICE MEMORANDUM To: Joyce Bradshaw Sue Sawyer Gerry Brown From: Andrew W. Maylor,Town Manager Cc: Curt Bellavance Date: March 7, 2013 Re: Complaint—Smolak Farms Permits/Licenses I have attached a complaint from a resident regarding a possible lack of permits for events at Smolak Farms. Please look into this matter and let me know what you find. Carl Wighardt Phone:(978)857-5199 Email:c�riehardt ri verizon.ncl 790 Dale St.North Andover. MA 01845 Andrew W. Maylor Attorney General Office North Andover Town Manager Massachusetts Attorney General 120 Main Street One Ashburton Place North Andover, MA 01845 Boston, MA 02108-15.1.8_. d March 1", 2013 NGri; sr Mr. Maylor, OFFICE OF t x-2,1-:A.'W\CE1t it is unfortunate that I write this letter as I do not wish to be a bad neighbor or bring harm to Smolak Farms' business. However, 1 and several of my immediate neighbors are in a position where his business is harming our enjoyment of our own homes and present and future potential property value and see no other means of remedying this problem. i What 1 speak of is Smolalc Farms' `Party under the tent'. What once started as something small and quaint has now become questionable in its practice. i • littp:H%vww.srnolaktarms.com/private-events i • littp:/byIvw.wetidingwii-e.com/biz/sinolak-farms-north-andovei-/86fa5l349a93a7l2 htnil • 6ttp:Hwww:eatboutigue.com/2011/07/05/NviiiFn-dinner-sinoiali-farms/#U*EKFIeSy0 `Party under the tent' parties started off a few times a year several years ago and were small in size and noise. I could only tell they were occurring if i drove by the farm. However, they have since grown and are now they are occurring far more often and supplied with catering and music(electric amplified music). It seems that now, all of these events host lively DJs who try to outdo the last party. They play music and make loud announcements through their amplifiers catering to the people who are asking for the music to be turned up and shouting and whistling and screaming well into the night (From my opinion and experience, it is partly clue to the inhibitions from alcohol served... Does Ile even have an alcohol license?)... These amplified sounds have now become an intrusion on mY enjoyment of my house. The amplifiers have now become excessively loud and intrusive that penetrates i my home and disturbs conversations I have with my neighbors in my yard and when talking with my family in my home, watching television, when my baby is trying to go to sleep or even when i am trying to go to bed early (through closed double pain glass windows and doors)... These parties have become increasingly loud,obnoxious and long. Long enough that i have been forced to call the police department to have them stop over there and shut it down (Even that is becoming a concern because at the end of last year, on several occasions, the police had to be called several times atter 10:00 for these parties to turn their music down.). I remember when we moved into this house. There was no tent and there were woods behind us. When Smolak Farms wanted to open up the woods to put their blueberry fields in an `old Christmas tree plot' of land, there was a meeting before the zoning board and the neighbors were all notified of his intent... However, in this instance, there was no notification and no meeting before the board. In addition, 1 attended the `Blueberry Field' meeting and noted the zoning board gave Mr. Smolak preferential treatment stating that as a farmer in New England, he managed to find a way to make his business thrive and that `They and the Town of N. Andover would do anything they could to help him with his business.'... While making such praises to iVr. Smolak they proceeded to have little concern for his neighbors... For this reason, i feel I need to copy the AG office. It appears as if Smolak Farms' `Party under the tent' is no longer a working farm but also becoming a function hall several nights a week... It isn't zoned as such and I do not believe has the right to do such without going through the town,getting the proper permits and notifying the neighbors. When does this stop? Where is the line that is drawn that stops a farmer from infringing upon its neighbors enjoyment of their own land and peace and quiet? I believe the noise ordinance for farmland is for acceptable levels of noise that comes from farm equipment. However, I believe farm equipment does not include an amplifier. Therefore, I ask the Town of North Andover to get involved so i don't have to bring this matter into an already overstressed court system. I request the town do something to give back both mine and my neighbors rights so we may enjoy our homes and property and not have to be pushed into the deepest areas of our home in order to get peace and quiet... i feel that by the town getting involved, they can save one of their prized businesses in the conunui1ity while also protecting the rights and well being of its residents. I would suggest that if Mr. Smolak wants to keep his `Party under the tent', that he move the tent to an area where it is not going to affect his neighbors. Perhaps inside his barn or next to the barn would be appropriate?.. Another option ►. would be to eliminate the amplifier altogether. I have supplied two maps of the area. One which covers Smolak Farms' property and the other which shows the i location of his `Party under the tent' venue and its proximity to residential homes... As you can see, Mr. Smolak has ' placed the tent in an area that has little to no buffer zone between his property and his neighbors and has plenty of room on his property to relocate. i It is not enough that the Fall weekends at the farm have become overcrowded with little to no police presence while people crowd the street and cause traffic (on country roads)... It is not enough that 1 get yelled at by employees at the farm when I am trying to drive to/from my house and they are trying to force me into their parking area... It is not enough that i am forced to put up blockades in my driveway to stop people using it as a high speed public legal U-turn because they passed the farm (this does not happen in the Winter when Ile is closed)... It is not enough that 1 have gunfire from within 30 yards of my property on IllmleI.OLIS occasions and at all hours of the day/night including when I or my neighbors are working in our backyards without warning of such... It is not enough that I get people walking onto my property from the farm and sometimes onto my deck(When they walk up my stairway onto my deck and can look into my bedroom, it is a cause for concern)... But now I have to deal with this intrusion?... No, I've tolerated more than what is considered to be fair and for way too long. Please inform me as to what you plan to do in order to remedy this situation as I enjoy my town and actually enjoy living next to farmland (My cousins owned a farm when I was growing up. But it was a real working farm, not a function hall). Mr. Smolak however, has made his farm into an entertainment venue that I never signed up For and that is not in the customary definition of farm activities and which I'm sure is illegal. i Regards Car i dt I I ! i f ♦ j ♦ �. �..+.:}� da�� ,1";� 4 � `ar - �, ♦tis,Dr �� r • e •Y '�K rry�A �� yam, � y ��• r —1.� kt �C'i6 e: "',�,:�� ��"*XC:"' •c t ha, •t a 8f��y s i"t�Z`•� a �� t L�xf .�} ���m'^' Gy,1�s`�' ��t�'�. �•y�y-�{3„�y' .,� R4- 1 sy ,..1 �. • � I As �r4`--�~ •ry���a�p�.r� ,v 1 `+yY lbs.._- �y'plt�uj �"1 .�+ �,•,"kA vl»„.+ d n �„q� '- 3 w i-•�r " i y w'+Fg� tn.- .�^-pgcr" :�,� -_�•,��''1,w/J,a� ta. :� _"JF b:. •,r f�ff ^ 4 .. b y�• rWHIMf / I ! I I I ' I I ♦ 41 +33+ yi_ hy•�ry 40 Smolak Tent Lotaled Here r Bei k # V t 1 � 1 N%P IY �M i '•�t�`� � wT �i4'{*Ar +r'` 'VCr„'• atrx- ,fes ;� _: a< ' _� ' ,�` Permit Listing - Sorted by DBA Name North Andover Printed On:Thu Mar 07,2013 Establishment Address District-Inspector Permit Type Permit# Risk Phone Inspector Assigned Brooks School 1160 GREAT POND ROAD Swimming Pool BHP-2012-0562 (978)725-6212 Brooks School 1160 GREAT POND ROAD Swimming Pool BHP-2012-0563 (978)725-6212 Brookside Homeowners Assoc. 642 CHICKERING ROAD Swimming Pool BHP-2012-0564 (978)685-4236 Ed ewood Retirement Home 575 OSGOOD STREET Swimming Pool BHP-2012-0691 978 725-3300 9 9 ( ) 0 Edgewood Retirement Home 575 OSGOOD STREET Swimming Pool BHP-2012-0692 (978)725-3300 Q Heritage Green Condominiums 39 FARRWOOD AVENUE Swimming Pool BHP-2012-0554 (978)685-4439 Kittredge Crossing Condominiums 180-220 CHICKERING ROAD Swimming Pool BHP-2012-0565 (978)686-4800 Meadowview Condominium 733 Turnpike Street#221 Attn: Swimming Pool BHP-2012-0617 1(978)688-3400 Association Facilities Manager NORTH ANDOVER, MA 01845 Meadowview Condominium 733 Turnpike Street#221 Attn: ISwimming Pool BHP-2012-0616 1 1(978)688-3400 Association Facilities Manager NORTH ANDOVER, MA 01845 Millpond Homeowners Association 123 MILL POND Swimming Pool BHP-2012-0566 (978)278-4006 North Andover Country Club 500 GREAT POND ROAD Swimming Pool BHP-2012-0556 (978)687-7414 North Andover Country Club 500 GREAT POND ROAD Swimming Pool BHP-2012-0567 (978)687-7414 Oakridge Village 2357 TURNPIKE STREET Swimming Pool BHP-2012-0561 Rolling Ridge Conference Center 660 GREAT POND ROAD Swimming Pool BHP-2012-0568 (978)682-8815 Royal Crest Estates 50 Royal Crest Drive Attn: Swimming Pool BHP-2012-0569 (978)681-1822 Property Manager NORTH ANDOVER, MA 01845 Stevens Estate 723 OSGOOD STREET Swimming Pool BHP-2012-0570 (978)682-7072 Q Village Green Condominiums 75 JEFFERSON STREET Swimming Pool BHP-2012-0571 (978)683-4101 Woodridge Homes, Inc. 10 Wood Ridge Drive Swimming Pool BHP-2012-0618 (978)682-7093 Woodridge Homes, Inc. 10 Wood Ridge Drive Swimming Pool BHP-2012-0619 (978)682-7093 OVERALL TOTAL NUMBER OF PERMITS: 19 GeoTMS®2P13 Des Lauriers Municipal Solutions,Inc. Page 1 of 1 i Smolak Farms, LLC 46 315 South Bradford Street North Andover, MA 01845 978-682-6332—Farm Stand 978-687-4029—Education &Activities 978-682-6332 X2—Functions 9 78- D 688-8058—Business Office & fax Gerry Brown R www.smolakfarms.com �s Inspector of Buildings Susan Sawyer Board of Health 1606 Osgood Street: Suite 2-36 RECEIVE North Andover, MA 01845 June 5, 2010 TOWN OF NORTH ANDOVER Re: Smolak Farms Stand HEALTH DEPARTMENT Dear Susan and Gerry: I Thank you for the meeting the other day and I very much appreciate your concerns as well as your consideration. E As far as the first issue is concerned of the Handicap Accessible Sign,it is up and attached. I also have several more in inventory to have on hand for two purposes. One, if it disappears again then it will be replaced right away. Secondly,as the traffic flow increases,we will place more in proportion to the parking situation. I also will refresh the lining on the asphalt so that it is more visible. ` The second issue of the bathrooms,we will start working on right away. It is our intention to conform with the rules and regulations that apply and your input was ! very helpful. I I will look into the following: 1) Understanding the regulations as written with the help of my brother. 2) Applying for a variance for a unisex bathroom,if that is the route we determine to go in. 3) Look at all alternatives from the unisex bathroom,to portable trailer bathrooms and to 2 bathrooms. 4) Assess the feasibility and placement of the above within the structure or attached to the structure of the current building with the help of my other brother and sewer person. Your patience in helping us find a joint solution to the situation is appreciated. I also will confer with you as we go through the process and get your input, as well as, keep you up to date. Sincerely, :111, ` . MAY-01-00 MON 19 : 15 SMOLAK FARM 508 688 8058 P. 02 Smolak Farms 315 South Bradford Street • North Andover.,Massachusetts 01845 (978)682-6332-Stand (978)687-4029-Tours &Activities (978)688-8058-Office Susan Ford North Andover Board of Health Charles Street North Andover, MA 01845 May 1, 2000 Re: Sewer and Ice Cream Stand Dear Susan: Pursuant to our conversation the other day, I am writing to you and the Board to outline my Intentions. In anticipation of a sewer line coming down So. Bradford Street, the septic system we had installed was designed in anticipation of connecting to the line at some point. As a matter of fact I contacted by fetter both the DPW and Scott Giles to find out what was required. In particular, i realize that the line does not reach us at the Farm and we would need to Install a force line, much as we have from our stand to our main tank. I wanted connections to be Installed when the line was put in so that when we connect there will be no dlsruptlon in the street, 1 will be contacting Steve Stapinskl at Merrimack Engineering to move this along. As I don't yet know what the target date for completion Is I have no anticipated date, but understand that It Is clearly my Intention to head In that direction. I hope this Information clarifies my Intentions. If you need any more information, please contact me. �Sincerely, �r H. Michael Smolak Jr. Grant, Michele 1 From: smolakfarms@aol.com Sent: Tuesday, June 12, 2012 3:47 PM To: Grant, Michele Cc: sssmolak@verizon.net; allsma117@gmail.com Subject: Fwd: Attachments: 2012-06-12_14-28-52_781.jpg Hi Michele, I purchased this unit today and it has the 3 bay sink as well as a hand sink all self contained... I will bring it the farm probably within a week or so.. I think this is what you were talking about.. Thanks, again, for your help, Michael Smolak Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:htto://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 1 w For O�ceUse Only RECEIVED Commonwealth of Massachusetts Executive Office of Environmental Affairs Executive Office of Environmental Affairs■MEPA Office EOEA No.: Environmental MEPA Analyst: APR o 5 2006 ENF Phone:617-626- Notification Form 1 1 OHEAWN DEPARTMENT T The information requested on this form must be completed to begin MEPA Review in accordance with the provisions of the Massachusetts Environmental Policy Act, 301 CMR 11.00. Project Name: Smolak Farms Irrigation Pond Street:315 South Bradford Street Municipality: North Andover Watershed: Ipswich River Universal Tranverse Mercator Coordinates: Latitude: 42 deg. 42 min. Osec. Lon itude: 71 deg. 2 min. 30 sec. Estimated commencement date: 06/06 Estimated completion date: 10/06 Approximate cost: $30,000 Status of project design:100 rico ; -Proponent: H Michael Smolak Jr. Street: 315 South Bradford Street Municipality: North Andover State: MA Zip Code: 01845 Name of Contact Person From Whom Copies of this ENF May Be Obtained: H. Michael Smolak Jr. i Firm/Agency: Smolak Farms LLCStreet: 315 South Bradford Street i Municipality: North Andover State: MA Zip Code: 01845 ti Phone: (978)688-8058 Fax: (978)688-8058 E-mail: smolakfarms@aol.co Does this project meet or exceed a mandatory EIR threshold(see301 CMR 11.03)? I ❑Yes XNo i Has this project been filed with MEPA before? ❑Yes(EDEA No. ) XNo Has any project on this site.been filed with MEPA before? ❑Yes(EDEA No. ) XNo Is this an Expanded ENF(see 301 CMR 11.05(7))requesting: a Single EIR?(see 301 CMR 11.06(8)) ❑Yes XNo ! a Special Review Procedure?(see 301 CMR 11.09) ❑Yes XNo a Waiver of mandatory EIR?(see 301 CMR 11.11) ❑Yes XNo I a Phase I Waiver?(see 301 CMR 11.11) ❑Yes XNo Identify any financial assistance or land transfer from an agency of the Commonwealth, including 1 the agency name and the amount of funding or land area(in acres): None Are you requesting coordinated review with any other federal, state, regional,or local agency? ❑Yes(Specify ) XNo List Local or Federal Permits and Approvals: North Andover Conservation Commission Order of Conditions issued 401 Pending Revised 10/99 Comment period is limited. For information call 617-626-1020 M I 1 I i I V I N Which ENF or EIR review threshold(s)does the project meet or exceed(see 301 CMR 11.03): I ❑ Land ❑ Rare Species X Wetlands,Waterways,&Tidelands ❑Water ❑Wastewater ❑ Transportation ❑ Energy ❑Air ❑ Solid&Hazardous Waste I ❑ACEC ❑ Regulations ❑ Historical&Archaeological , Resources Summary of Project Size Existing Change Total State Permits& &Environmental Impacts Approvals X Order of Conditions Total site acreage 140 acres ❑Superseding Order of Conditions New acres of land altered ° ❑ Chapter 91 License Acres of impervious area ° ° o X 401 Water Quality Certification Square feet of new bordering f�0square El or MDC Access , vegetated wetlands alteration Permit Square feet of new other ° ❑Water Management f wetland alteration Act Permit Acres of new non-water ❑ New Source dependent use of tidelands or 0 Approval waterways ❑ DEP or MWRA Sewer Connection/ Extension Permit Gross square footage N/A ❑ Other Permits (including Legislative Number of housing units Approvals)— Specify: Maximum height(in feet) TRANSPORTATION Vehicle trips per day N/A Parking spaces Gallons/day(GPD)of water N/A use GPD water withdrawal GPD wastewater generation/ treatment Length of water/sewer mains (in miles) i _2_ 1. ii i I I { f I I CONSERVATION LAND:Will the project involve the conversion of public parkland or other Article 97 public 1 natural resources to any purpose not in accordance with Article 97? j ❑Yes(Specify ) XNo Will it involve the release of any conservation restriction, preservation restriction,agricultural preservation ! restriction,or watershed preservation restriction? ; ❑Yes(Specify ) XNo I RARE SPECIES: Does the project site include Estimated Habitat of Rare Species,Vernal Pools,Priority Sites of j Rare Species,or Exemplary Natural Communities? ❑Yes(Specify ) XNo HISTORICAL/ARCHAEOLOGICAL RESOURCES:Does the project site include any structure,site or district listed in the State Register of Historic Place or the inventory of Historic and Archaeological Assets of the Commonwealth? ❑Yes(Specify ) XNo If yes,does the project involve any demolition or destruction of any listed or inventoried historic or archaeological resources? ❑Yes(Specify ) XNo ! f AREAS OF CRITICAL ENVIRONMENTAL CONCERN: Is the project in or adjacent to an Area of Critical Environmental Concern? ❑Yes(Specify ) XNo PROJECT DESCRIPTION: The project description should include(a)a description of the project i { site, (b)a description of both on-site and off-site alternatives and the impacts associated with each I alternative, and (c)potential on-site and off-site mitigation measures for each alternative(You may attach one additional page, if necessary.) i See attached NOI applicartion i i 1 I t ! , i e. , I II i 1 !1! i { 1 I w i j i —3- i. i f i I I I 1 1 I I I LAND SECTION-all proponents must fill out this section { I. Thresholds/Permits j A. Does the project meet or exceed any review thresholds related to land (see 301 CMR 11.03(1) I Yes –X–No; if yes, specify each threshold: Il. Impacts and Permits A. Describe, in acres,the current and proposed character of the project site,as follows: Existing Change Total Footprint of buildings _0_ Roadways, parking,and other paved areas_0_ ! Other altered areas(describe) _0_ Undeveloped areas —0— B. Has any part of the project site been in active agricultural use in the last three years? _Yes _X No; if yes, how many acres of land in agricultural use(with agricultural soils)will be converted to nonagricultural use? C. Is any part of the project site currently or proposed to be in active forestry use? _Yes _X No; if yes, please describe current and proposed forestry activities and indicate Wether any part of the site is the subject of a DEM-approved forest management plan: D. Does any part of the project involve conversion of land held for natural resources purposes in accordance with Article 97 of the Amendments to the Constitution of the Commonwealth to any purpose not in accordance with Article 97?_Yes _X No; if yes,describe: E. Is any part of the project site currently subject to a conservation restriction, preservation I restriction, agricultural preservation restriction or watershed preservation restriction? _X Yes _ No; if yes, does the project involve the release or modification of such restriction? _Yes _X No; if yes, describe: F. Does the project require approval of a new urban redevelopment project or a fundamental change in an existing urban redevelopment project under M.G.L.c.121A? _Yes _X No;if yes, describe: i f G. Does the project require approval of a new urban renewal plan or a major modification of an existing urban renewal plan under M.G.L.c.121 B?Yes _No —X; if yes,describe: H. Describe the project's stormwater impacts and,if applicable, measures that the project will take ; to comply with the standards found in DEP's Stormwater Management Policy:N/A I. Is the project site currently being regulated under M.G.L.c.21 E or the Massachusetts Contingency Plan? Yes _No —X; if yes,what is the Release Tracking Number(RTN)? ! J. If the project is site is within the Chicopee or Nashua watershed, is it within the Quabbin,Ware,or 4 Wachusett subwatershed?_Yes _X_No;if yes,is the project site subject to regulation under the Watershed Protection Act?_Yes _X K. Describe the project's other impacts on land:The only impact is that the construction of this irrigation Pond will make us independent of using the municipal water supply ` i { -4- I i �k I i I i i , , Ill.. Consistency A. Identify the current municipal comprehensive land use plan and the open space plan and describe the consistency of the project and its impacts with that plan(s): no impact B. Identify the current Regional Policy Plan of the applicable Regional Planning Agency and describe the consistency of the project and its impacts with that plan:N/A C. Will the project require any approvals under the local zoning by-law or ordinance(i.e.text or map amendment, special permit,or variance)? Yes _No —X; if yes, describe: I. D.Will the project require local site plan or project impact review? —Yes _X_No; if yes, describe: i RARE SPECIES SECTION `f i I. Thresholds 1 Permits A. Will the project meet or exceed any review thresholds related to rare species or habitat(see f 301 CMR 11.03(2))? —Yes _X_No; if yes,specify, in quantitative terms: i F B. Does the project require any state permits related to rare species or habitat? _Yes _X_No C. If you answered"No"to both questions A and B,proceed to the Wetlands,Waterways,and Tidelands Section. If you answered"Yes"to either question A or question B,fill out the remainder I of the Rare Species section below. I ll. Impacts and Permits A. Does the project site fall within Priority or Estimated Habitat in the current Massachusetts Natural Heritage Atlas(attach relevant page)? —Yes_No. If yes, 1. Which rare species are known to occur within the Priority or Estimated Habitat(contact: Environmental Review, Natural Heritage and Endangered Species Program, Route 135, ! Westborough, MA 01581,allowing 30 days for receipt of information): I 2. Have you surveyed the site for rare species? —Yes_No;if yes, please include the results of your survey. 3. If your project is within Estimated Habitat, have you filed a Notice of Intent or received I an Order of Conditions for this project? _Yes—No;if yes,did you send a copy of the I' Notice of Intent to the Natural Heritage and Endangered Species Program, in accordance with the Wetlands Protection Act regulations? —Yes—No 11 B. Will the project"take"an endangered,threatened,and/or species of special concern in accordance with M.G.L.c.131A(see also 321 CMR 10.04)? —Yes —No; if yes,describe: C. Will the project alter"significant habitat"as designated by the Massachusetts Division of Fisheries and Wildlife in accordance with M.G.L.c.131A see also 321 CMR 10.30)? Yes No; if yes,describe: D. Describe theproject's other impacts on rare species including indirect impacts(for example, 1 stormwater runoff into a wetland known to contain rare species or lighting impacts on rare moth habitat): f , I -5- f i I i I i 4 WETLANDS, WATERWAYS, AND TIDELANDS SECTION i I. Thresholds 1 Permits A. Will the project meet or exceed any review thresholds related to wetlands,waterways,and 3 tidelands(see 301 CMR 11.03(3))? —Yes _X_No; if yes, specify, in quantitative terms: j B. Does the project require any state permits(or a local Order of Conditions)related to wetlands, waterways,or tidelands? _X_Yes _No; if yes, specify which permit: North Andover I Conservation Commission Order of Conditions has been issued. C. If you answered"No"to both questions A and B,proceed to the Water Supply Section. If you answered"Yes"to either question A or question B,fill out the remainder of the Wetlands, 6 Waterways,and Tidelands Section below. II. Wetlands Impacts and Permits j A. Describe any wetland resource areas currently existing on the project site and indicate them on j the site plan:see attached NOI I B. Estimate the extent and type of impact that the project will have on wetland resources,and I indicate whether the impacts are temporary or permanent: Coastal Wetlands Area(in square feet)or Length(in linear feet) Land Under the Ocean 0 Designated Port Areas 0 ! Coastal Beaches 0 ; Coastal Dunes 0 Barrier Beaches 0 Coastal Banks 0 i Rocky Intertidal Shores 0 Salt Marshes 0 Land Under Salt Ponds 0 Land Containing Shellfish 0 Fish Runs _0 j Land Subject to Coastal Storm Flowage _0 j Inland Wetlands i Bank _0 . Bordering Vegetated Wetlands _20,000 square feet Land under Water 0 Isolated Land Subject to Flooding 0 Bordering Land Subject to Flooding 0 Riverfront Area 0 I C. Is any part of the project j 1. a limited project? _X 2.the construction or alteration of a dam? _Yes _X_No; if yes, describe: 3. fill or structure in a velocity zone or regulatory floodway? _Yes X_No 4. dredging or disposal of dredged material? _Yes _X_No; if yes, describe the volume of dredged material and the proposed disposal site: 5. a discharge to Outstanding Resource Waters? _Yes _X_No 6. subject to a wetlands restriction order? _Yes _X_No;if yes, identify the area(in square feet): !! I D. Does the project require a new or amended Order of Conditions under the Wetlands Protection Act(M.G.L.c.131 A)? _Yes _X_No; if yes, has a Notice of Intent been filed or a local Order of r I I� I i I -- f i Conditions issued? _X_Yes _No; if yes, list the date and DEP file number:_242-1289_5/4/05_. Was the Order of Conditions appealed? _Yes _X No. Will the project require a variance I from the Wetlands regulations?_Yes _X_No. E. Will the project 1. be subject to a local wetlands ordinance or bylaw? _X_Yes _No I 2. alter any federally-protected wetlands not regulated under state or local law? Yes _X_No; if yes,what is the area(in s.f.)? F. Describe the project's other impacts on wetlands(including new shading of wetland areas or removal of tree canopy from forested wetlands): i Ill. Waterways and Tidelands Impacts and Permits A. Is any part of the project site waterways or tidelands(including filled former tidelands)that are subject to the Waterways Act, M.G.L.c.91? _Yes _X_No; if yes,is there a current Chapter 91 license or permit affecting the project site? _Yes _No; if yes, list the date and number: i 1 B. Does the project require a new or modified license under M.G.L.c.91? _Yes No;if yes, how many acres of the project site subject to M.G.L.c.91 will be for non-water dependentuse? Current _ Change _ Total I C. Is any part of the project 1. a roadway, bridge,or utility line to or on a barrier beach? _Yes No; if yes, describe: 2. dredging or disposal of dredged material? _Yes _No;if yes,volume of dredged material 3. a solid fill, pile-supported,or bottom-anchored structure in flowed tidelands or other f waterways? _Yes _No; if yes,what is the base area? 4. within a Designated Port Area? _Yes _No D. Describe the project's other impacts on waterways and tidelands: i IV. Consistency: A. Is the project located within the Coastal Zone? _Yes _No; if yes,describe the project's I consistency with policies of the Office of Coastal Zone Management: i B. Is the project located within an area subject to a Municipal Harbor Plan? _Yes _No; if i yes, identify the Municipal Harbor Plan and describe the project's consistency with that plan: l. WATER SUPPLY SECTION I I. Thresholds/Permits A. Will the project meet or exceed any review thresholds related to water supply(see 301 CMR ; 11.03(4))? _Yes _X_No; if yes,specify, in quantitative terms: B. Does the project require any state permits related to water supply? _Yes _X_No; if yes, specify which permit: r C. If you answered"No"to both questions A and B,proceed to the Wastewater Section. If you answered"Yes"to either question A or question B,fill out the remainder of the Water Supply Section below. I II. Impacts and Permits A.Describe,in gallons/day,the volume and source of water use for existing and proposed activities at the project site: I Existing Change Total i I I I j I f i. ( f i �l Withdrawal from groundwater I Withdrawal from surface water ; Interbasin transfer I Municipal or regional water supply ! B. If the source is a municipal or regional supply,has the municipality or region indicated that there is adequate capacity in the system to accommodate the project?_Yes _No C. If the project involves a new or expanded withdrawal from a groundwater or surface water source, 1. have you submitted a permit application? _Yes _No; if yes,attach the application i 2. have you conducted a pump test? _Yes _No;if yes,attach the pump test report I D. What is the currently permitted withdrawal at the proposed water supply source(in gallons/day)? II Will the project require an increase in that withdrawal?_Yes _No jE. Does the project site currently contain a water supply well,a drinking water treatment facility, �. water main,or other water supply facility,or will the project involve construction of a new facility? Yes _No. If yes,describe existing and proposed water supply facilities at the project site: Existing Change Total j Water supply well(s)(capacity, in gpd) Drinking water treatment plant(capacity, in gpd) Water mains(length,in miles) !f F. If the project involves any interbasin transfer of water,which basins are involved,what is the E direction of the transfer,and is the interbasin transfer existing or proposed? F G. Does the project involve 1. new water service by a state agency to a municipality or water district? _Yes _No i 2. a Watershed Protection Act variance? _Yes _No;if yes,how many acres of alteration? G 3.a non-bridged stream crossing 1,000 or less feet upstream of a public surface drinking water supply for purpose of forest harvesting activities? _Yes _No { H. Describe the project's other impacts(including indirect impacts)on water resources,quality, facilities and services: I III. Consistency—Describe the project's consistency with water conservation plans or other plans to M enhance water resources, quality,facilities and services: WASTEWATER SECTION I I. Thresholds/Permits A. Will the project meet or exceed any review thresholds related to wastewater(see 301 CMR 11.03(5))? _Yes _X_No; if yes,specify, in quantitative terms: B. Does the project require any state permits related to wastewater? _Yes _X No; if yes, i specify which permit: Transportation C. If you answered"No"to both questions A and B,proceed to the --Traffic Generation Section. If you answered"Yes"to either question A or question B;fill out the remainder of the Wastewater Section below. i i -s- 1 f i I l I I f I 6 I II. Impacts and Permits A.Describe,in gallons/day, the volume and disposal of wastewater generation for existing and i proposed activities at the project site(calculate according to 310 CMR 15.00): Existing Change Total Discharge to groundwater(Title 5) Discharge to groundwater(non-Title 5) Discharge to outstanding resource water Discharge to surface water Municipal or regional wastewater facility TOTAL B. Is there sufficient capacity in the existing collection system to accommodate the j project? j Yes _No; if no,describe where capacity will be found: f C. Is there sufficient existing capacity at the proposed wastewater disposal facility?_Yes No; if no,describe how capacity will be increased: D. Does the project site currently contain a wastewater treatment facility,sewer main,or other wastewater disposal facility,or will the project involve construction of a new facility? _Yes _ I No. If yes,describe as follows: Existing Change Total Wastewater treatment plant(capacity, in gpd) ; Sewer mains(length, in miles) Title 5 systems(capacity, in gpd) E. If the project involves any interbasin transfer of wastewater,which basins are involved,what is j the direction of the transfer, and is the interbasin transfer existing or proposed? F. Does the project involve new sewer service by an Agency of the Commonwealth to a municipality or sewer district? _Yes _No G. Is there any current or proposed facility at the project site for the storage,treatment, processing, combustion or disposal of sewage sludge, sludge ash,grit, screenings, or other sewage residual materials? _Yes _No; if yes, what is the capacity(in tons per day): Existing Change Total i Storage ! Treatment, processing ? Combustion ! Disposal H. Describe the project's other impacts(including indirect impacts)on wastewater generation and � treatment faci I ities: !' I I i III. Consistency--Describe measures that the proponent will take to comply with federal,state, regional, and local plans and policies related to wastewater management: A. If the project requires a sewer extension permit, is that extension included in a comprehensive !� wastewater management plan? _Yes _No; if yes, indicate the EOEA number for the plan I � -9- ! � I f i 9 I I f i I I I 1 ♦y/ i C and describe the relationship of the project to the plan i TRANSPORTATION --TRAFFIC GENERATION SECTION I I. Thresholds/Permits A.Will the project meet or exceed any review thresholds related to traffic generation(see 301 CMR 11.03(6))? _Yes _X_No; if yes,specify, in quantitative terms: I B. Does the project require any state permits related to state-controlled roadways? _Yes _X_No;if yes, specify which permit: i C. If you answered"No"to both questions A and B,proceed to the Roadways and Other Transportation Facilities Section. If you answered"Yes"to either question A or question B,fill out the remainder of the Traffic Generation Section below. II. Traffic Impacts and Permits I+ A.Describe existing and proposed vehicular traffic generated by activities at the project site: Existing Change Total Number of parking spaces Number of vehicle trips per day ITE Land Use Code(s): I I e B. What is the estimated average daily traffic on roadways serving the site? a Roadway Existinq Change Total 2. I, 3. �f I C. Describe how the project will affect transit, pedestrian and bicycle transportation facilities and services: i i III. Consistency—Describe measures that the proponent will take to comply with municipal, regional, state, and federal plans and policies related to traffic,transit,pedestrian and bicycle transportation facilities and services: ROADWAYS AND OTHER TRANSPORTATION FACILITIES SECTION I. Thresholds A. Will the project meet or exceed any review thresholds related to roadways or other I transportation facilities(see 301 CMR 11.03(6))? _Yes _X_No; if yes,specify, in quantitative terms: f B. Does the project require any state permits related to roadways or other transportation facilities? _Yes _X_No; if yes, specify which permit: C. If you answered"No"to both questions A and B,proceed to the.Energy Section. If you i answered"Yes"to either question A or question B,fill out the remainder of the Roadways Section j below. i II. Transportation Facility Impacts i A. Describe existing and proposed transportation facilities at the project site: Existing Change Total Length(in linear feet)of new or widened roadway i 10 I. r i { i I I I t I f I I I i I ! j. z I I Width(in feet)of new or widened roadway Other transportation facilities: B. Will the project involve any r 1. Alteration of bank or terrain (in linear feet)? 2. Cutting of living public shade trees(number)? 3. Elimination of stone wall (in linear feet)? III. Consistency--Describe the project's consistency with other federal, state,regional,and local plans and policies related to traffic, transit, pedestrian and bicycle transportation facilities and services, i including consistency with the applicable regional transportation plan and the Transportation Improvements i Plan(TIP),the State Bicycle Plan,and the State Pedestrian Plan: I ENERGY SECTION I. Thresholds 1 Permits A.Will the project meet or exceed any review thresholds related to energy(see 301 CMR 11.03(7))? _Yes —X No; if yes,specify, in quantitative terms: B. Does the project require any state permits related to energy? _Yes _X No;if yes,specify ! which permit: j i C. If you answered"No"to both questions A and B,proceed to the Air Quality Section. If you answered"Yes"to either question A or question B,fill out the remainder of the Energy Section below. t I Il. Impacts and Permits A.Describe existing and proposed energy generation and transmission facilities at the project site: Existinq Change Total Capacity of electric generating facility(megawatts) 1 Length of fuel line(in miles) I Length of transmission lines(in miles) Capacity of transmission lines(in kilovolts) B.If the project involves construction or expansion of an electric generating facility,what are ! 1. the facility's current and proposed fuel source(s)? { 2. the facility's current and proposed cooling source(s)? i C. If the project involves construction of an electrical transmission line,will it be located on a new, unused,or abandoned right of way?_Yes _No; if yes, please describe: i D. Describe the project's other impacts on energy facilities and services: j III. Consistency—Describe the project's consistency with state,municipal, regional, and federal plans and policies for enhancing energy facilities and services: t i r AIR QUALITY SECTION I. Thresholds A. Will the project meet or exceed any review thresholds related to air quality(see 301 CMR i 11.03(8))? _Yes _X No; if yes, specify, in quantitative terms: -11- i t { r { r t i r I i I i i B. Does the project require any state permits related to air quality? _Yes _X_No;if i yes,specify which permit: C. If you answered"No"to both questions A and B, proceed to the Solid and Hazardous Waste i Section. If you answered"Yes"to either question A or question B,fill out the remainder of the Air Quality Section below. 4 II.Impacts and Permits A. Does the project involve construction or modification of a major stationary source(see 310 CMR 7.00,Appendix A)?_Yes _No;if yes,describe existing and proposed emissions(in tons per i day)of: I Existing Chane Total I Particulate matter Carbon monoxide i Sulfur dioxide Volatile organic compounds ' Oxides of nitrogen Lead Any hazardous air pollutant Carbon dioxide i B. Describe the project's other impacts on air resources and air quality, including noise impacts: I III. Consistency j A. Describe the project's consistency with the State Implementation Plan: B. Describe measures that the proponent will take to comply with other federal,state, regional, and local plans and policies related to air resources and air quality: SOLID AND HAZARDOUS WASTE SECTION I I. Thresholds 1 Permits I A. Will the project meet or exceed any review thresholds related to solid or hazardous waste(see 301 CMR 11.03(9))? _Yes _X No; if yes,specify, in quantitative terms: l B. Does the project require any state permits related to solid and hazardous waste? —.Yes _X No; if yes,specify which permit: C. If you answered"No"to both questions A and B,proceed to the Historical and Archaeological Resources Section. If you answered"Yes"to either question A or question B,fill out the remainder i of the Solid and Hazardous Waste Section below. i i i i II. Impacts and Permits i A. Is there any current or proposed facility at the project site for the storage,treatment,processing, combustion or disposal of solid waste?_Yes _No; if yes,what is the volume(in tons per day) I of the capacity: Existing Change Total I Storage Treatment, processing Combustion f i I' I i , Disposal ! B. Is there any current or proposed facility at the project site for the storage, recycling,treatment or disposal of hazardous waste?_Yes _No; if yes,what is the volume(in tons or gallons per day)of the capacity: Existing Change Total Storage Recycling Treatment ! , Disposal A C. If the project will generate solid waste(for example,during demolition or construction),describe alternatives considered for re-use, recycling,and disposal: I i D. If the project involves demolition,do any buildings to be demolished contain asbestos? i Yes —No E. Describe the project's other solid and hazardous waste impacts(including indirect impacts): III. Consistency--Describe measures that the proponent will take to comply with the State Solid Waste Master Plan: HISTORICAL AND ARCHAEOLOGICAL RESOURCES SECTION I. Thresholds 1 Impacts A. Is any part of the project site a historic structure,or a structure within a historic district, in either case listed in the State Register of Historic Places or the Inventory of Historic and Archaeological Assets of the Commonwealth? _Yes _X_No; if yes,does the project involve the demolition of all or any exterior part of such historic structure? _Yes _X_No; if yes,please describe: i B. Is any part of the project site an archaeological site listed in the State Register of Historic Places or the Inventory of Historic and Archaeological Assets of the Commonwealth? —Yes _No; if 1 yes,does the project involve the destruction of all or any part of such archaeological site? _Yes _No; if yes, please describe: i C. If you answered"No"to all parts of both questions A and B, proceed to the Attachments and Certifications Sections. If you answered"Yes"to any part of either question A or question B,fill out the remainder of the Historical and Archaeological Resources Section below. ! D. Have you consulted with the Massachusetts Historical Commission? _Yes _No;if yes, j attach correspondence I E. Describe and assess the project's other impacts, direct and indirect,on listed or inventoried historical and archaeological resources: j 1 II. Consistency--Describe measures that the proponent will take to comply with federal,state, regional,and local plans and policies related to preserving historical and archaeological resources: I ATTACHMENTS: r 1. Plan,at an appropriate scale,of existing conditions of the project site and its immediate -13- 1 { i i I I I i j j I I I a context,showing all known structures, roadways and parking lots,rail rights-of-way, wetlands and water bodies,wooded areas,farmland, steep slopes, public open spaces,and major utilities. 2. Plan of proposed conditions upon completion of project(if construction of the project is proposed to be phased,there should be a site plan showing conditions upon the completion of each phase). 3. Original U.S.G.S.map or good quality color copy(8'/z x 11 inches or larger)indicating the project location and boundaries 4 List of all agencies and persons to whom the proponent circulated the ENF, in accordance with 301 CMR 11.16(2). 5. Other: CERTIFICATIONS: 1. The Public Notice of Environmental Review has been/will be published in the following newspapers in accordance with 301 CMR 11.15(1): (Name)The Eagle Tribune (Date) 2. This form has been circulated to Agencies and Persons in accordance with 301 CMR 11.16(2). Date3/1/06Signature of Responsible Officer Date Signature of person preparing or Proponent EN (if different from above) H.Michael Smolkak Jr. same AIm a(I root or j i p) Smolak Farms LLC Firm/Agency Firm/Agency 315 South Bradford Street Street Street North Andover, MA 01845 unicipa ity tate Ip Municipal ity/State/Zip (978)688-8058 •--- Formatted:Indent: First line: o" Phone Phone -14- i I i i LOCATION OF PROPOSED IRRIGATION POND Feld Office:WESTFORD SERVICE CENTER Customer(s):SMOLAK FARMS LLC Agency:NRCS 9 State and County:MA, MIDDLESEX i JF `f, ,,.,..i�,,+'+•�! 4 c; � i� '�',� ,fit. '1i` ., 4�.i`-r^_ ,s�r,:� �r�. � �,t�� '�f''�(�! j"trre�yy �•l.w'I x� t +l a �t 4..••1'-`x, �r .ti .tea' ti+, tt4 e`,t`��.i 1 �� ,�,.g.. _ �- � ki� r..a,"'c'�' • •1 ..., �� �` �,vim' . f r ( /,,,-� �°�"-y. IT' ! •, 1,4.. }t } �. m`<e^{ 'I f r'1 �. Vt l V. 4 • i'f i �� I 1 !� r}+��• �►y��J rf /�Ja{` 1P S�` , y f, ��` S •, • � � f �'� ! \t,t � \ ,�"•+�'�i ai S �J � ��`Y tS /�� i:t`"�� �� v tip— ',���-t��l t\ `�'" -• "<' a. S� t J � f � '•'�.�* � may,, IF ,� -, � ' ` posed E�A ond <.: V, ._< �.. J .�''`�.• f E � ...r, � _ i1 u. ���C '� "�'- t�{l.lt 1 '',�/fl.� Legend N ❑ Proposed Irrigation Pond 660 0 sso 1.320 1.980 2 640 Feet Image: .a' r .� Michael Smoiak molak Farm soils \ North Andover Date: 06128/2004 ,r r All CmC #} 1 Wh St = r Cmc North Andover � ts # MC Koh w s Y MC PcE S#G E y n - Legend k Soils a_ma605.shp Essex Common Land Unit �I Town Boundaries 1 USDA 1000 0 1000 2000 Feet NONTECHNICAL SOILS DESCRIP.._:. REPORT Smotak, Michael H. - Smolak, H. Michael Map Soil name and description Symbol The map unit is moderately well drained; water is removed somewhat slowly during some periods. Agronomic capability class is 3E. Depth to bedrock is greater than 60 inches. A seasonal high water table is normally between 1.5 and 2.5 feet below the surface from NOV through APR. sue ( Sutton very stony fine sandy loam, 3 to 8 percent slopes The map unit is moderately well drained; water is removed somewhat slowly during some periods. Surface stones limit cultivation or use of equipment. Agronomic capability class is 6S. Depth to bedrock is greater than 60 inches. A seasonal high water table is normally between 1.5 and 2.5 feet below the surface from NOV through APR. WeA Wareham loamy sand, 0 to 3 percent slopes The map unit is poorly drained; water is removed so slowly that the soil is saturated or remains wet for Long Periods. Agronomic capability class is 4W. Depth to bedrock is greater than 60 inches. A seasonal high water table is normally between 0 and 0.5 feet below the surface from SEP through JUN. Wg Whitman loam The map unit is very poorly drained; water is removed from the soil so slowly that free water remains near the surface. Agronomic capability class is 5W. Depth to bedrock is greater than 60 inches. A firm layer at about 20 inches impedes the vertical movement of water. Whitman extremely stony loam The map unit is very poorly drained; water is removed from the soil so slowly that free water remains near the surface. Surface stones limit cultivation or use of equipment. Agronomic capability class is 7S. Depth to bedrock is greater than 60 inches. A firm layer at about 20 inches impedes the vertical movement of water. I 0 5;'I_l 71`210 11�� 1'1:.,� ly ��E��JV�JFi.J.� P10LAw: FAF'h�1'� PAGE 01 ,,. Nom. � .. ... t.., ep I Some thoughts on pesticide use and organic v conventional agricultural practices A.Richard Bonanno,Ph.]), UMass Extension 50%of all pesticides used in the United States,according to EPA,are used to kill pathogens in municipal and private water supplies thus making the water safe to drink Of the remaining 50%,over 70%, in more urban states like MA and CT,are purchased and used directly by homeowners. These include everything from household insecticides such as Lysol- type products,roach and ant control,antibactcrial soaps,bleach,flea and tick animal products, lawn and garden products,etc. Less than 15%of all pesticides are used by fanners,landscapers,golf courses. Compared to the homeowner use,the overwhelming majority,of these pesticides, is applied by licensed or l certified applicators that receive regular recertification training. Virtually all farmers/applicators also practice Integrated Pest Management,further insuring that decisions art made with the best available information. Organic farmers use pesticides and:fertilizers,as do conventional growers. The Organic Materials Review Institute lists over 1400 pesticides and fertilizers that are allowed to be used in the production of organic crops, Although these products are considered more natural than conventional ones,there is no claim that these products are safer for humans or the environment. All pesticides used,organic and conventional,must be registered by the US EPA. Both EPA and the Massachusetts Department of Agricultural resources regulate all pesticide use in the Commonwealth, In some cases,organic products may have less human toxicity pound for pound compared to conventional pesticides,however toxicity alone does not equate to risk. Risk is a measure of toxicity times exposure. In California,an organic grape disease management program by Gallo resulted in a 25-fold increase in pesticide use,largely from sulphur fungicides. This greatly in.cm4sed health risks to workers. As a result,worker exposure to sulphur became the number one worker health issue in CA. When bending over to pull weeds was made illegal in CA due to health risks to workers,the organic community sought and received an exemption to this batt. During the last major EPA groundwater testing program, fertilizer products,especially nitrogen, were cited as more of a health issue than pesticides. The main contributor to this was problem was use of manure products. The USDA organic standards are designed as a marketing tool. According to USDA National Organic Program,"USDA.makes no claims that organically produced food is safer or more nutritious than conventionally produced food.. Organic food differs from conventionally produced food in the way it is grown,handled,and processed." The 2006 contaminated spinach problem was eventually traced to a 50-acre block of organic spinach in San Benito County,CA. Any grower should be allowed to use the practices that he/she chooses. Consumers want a choice and government should be flexible to allow those choices. e a- y LETTER OF TRANSMITTAL North Andover Health Department "ORTH 400 Osgood Street O .���•� �e�'r b North Andover, MA 01845 3� e!' - - �' . O OL 978.688.9540 - Phone 49 978.688.8476 - Fax Zf b" A tOCMKMwntw healthdeAt ar townofnorthandover com - E-mail 01,,.o ►r"� .� www.townofnorthandover.com - Website Page of ,SSwCHUSE� TO: DATE: COMPANY: FROM:Pamela DelleChiaie,Health Dept.Assistant �Phone: RE: Fax: �I We are sendin ou: 060py.ofLetter OPlans L7 Other ill in below) These are transmitted as checl elow: OApproved as Notedequested OAs Required OResubmit copies for approval OFor approval OFor Review and comment L7Tor Your Use OSubmit copies for dist. REMARKS: I 11_e 4e COPY TO: X� COPY TO: COPY TO: �` SIGNED: � /(-(� p f I b I I Of NORTH 1 TOWN OF NORTH ANDOVER .•�'.° o HEALTH DEPARTMENT 400 OSGOOD STREET + NORTH ANDOVER,MASSACHUSETTS 01845r6D qs � t « "- T.D r� SACHUSE Susan Y. Sawyer,RENS/RS 978.688.9540-Phone Public Health Director 978.688.8476—Fax healthdept@townofnorthandover.com www.townofnorthandover.com May 10, 2005 Dear Food Service Operator: RE: Frozen Desserts Permit Renewal for June 1,2005 The local Board of Health is required to license and inspect all wholesale and retail frozen dessert manufacturers. Your Frozen Dessert Permit will expire on June 1, 2005. As a courtesy, we are sending you a renewal reminder to send in this years' application. Please fill out the enclosed application and submit a check with the required fee of $30.00 per establishment payable to the Town of North Andover. A permit will be issued subsequent to the submission of a completed application. Just a reminder about the testing requirements, Section IIA: The State of Massachusetts requires that an establishment manufacturing frozen dairy dessert products must test at least one product for bacteria on a monthly basis by an approved laboratory. Non- dairy products are exempt from the testing requirements. Results of the testing must be sent to the North Andover Board of Health and the Massachusetts Department of Public Health upon completion of the analysis. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact the North Andover Board of Health Office at the above number, or e- mail at: healthdepttgtownofnorthandover.com. Sincerely, Susan Y. Sawyer, REHS/RS Public Health Director /pfd Enclosure: Frozen Dessert Renewal Permit Renewal Application Town of North Andover Health Department 400 OSGOOD STREET North Andover, MA 01845 978.688.9540 healthdept(i�townofnorthandover.com THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT of PUBLIC HEALTH APPLICATION FOR LICENSE TO MANUFACTURE FROZEN DESSERTS AND/OR ICE CREAM MIX To the Board of Health of North Andover in accordance with the provisions of Section 65H of Chapter94 of the General Laws, as most recently amended and the regulations made thereunder, the undersigned hereby applies for a license for the WHOLESALEIRETAIL manufacture of frozen desserts and or ice cream mix and submits the following information: Namef Establishment stablishment DBA Location: Phone: Name of firm: Address of firm: Phone: Owner(s) /Operator(s): Type of business: Corporation ( ) Partnership ( ) Owner( ) Please list licenses,permits or registrations issued by other municipal, state or federal agencies: Names of brands and trade or corporation name, if any, under which the products are to be sold: Freezers: Number and capacity of freezers: Mixing Equipment: Make and Model of mixing equipment: Age: Is the mix purchased? If so, from whom purchased? Is the mix pasteurized? Number of gallons of frozen desserts and/or ice cream mix sold as such in Massachusetts, manufactured during the last calendar year: Regulations: Have you received a copy of the regulation? CADocuments and Settings\pdellech\My Documents\COMMERCIAL PERMITS\Permit\Permit Applications\Food-Frozen Desserts Application.doc Page I of 2 1 Is the plant constructed and equipped as provided in the regulations?: Dairy: Are you manufacturing dairy products? Please note: Non-dairy frozen desserts no longer require bacterial testing Testing: What is the approved laboratory, which will conduct monthly bacteria testing? Name: Address: I, Do you understand that the laboratory must submit copies of the results to the Board of Health and the MDPH upon completion of the analysis? Bacteriological limits for frozen desserts are: 10 Coliform colonies per gram 50,000 standard plate count per gram I hereby certify that the frozen desserts and/or ice cream mix I sell in Massachusetts will be manufactured in compliance with all laws of the Commonwealth of Massachusetts pertaining thereto and all rules and regulations promulgated by the Massachusetts Department of Public ' Health made hereunder and will be manufactured under sanitary conditions. Authorized Signature FEE: $30 per establishment PAYABLE TO: Town of North Andover LATE FEE AFTER MAY 31sT WILL BE DOUBLED TO $60 CADocuments and Settings\pdellech\My Documents\COMMERCIAL PERMITS\Permit\Permit Applications\Food-Frozen Desserts Application.doc Page 2 of 2 N��tM NUMBER °,�,,�'ti`° •:',"oo� COMMONWEALTH OF MASSACHUSETTS BHP-2004-1289. n North Andover FEE # $270.00 Board of Health �';�°••,.o 0*rte DATE ISSUED �Ss4cwu5t. Smolak Farms January 01,2005 ----------------------------------------------------------------------------------------------- NAME 315 SOUTH BRADFORD STREET --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------- ADDRESS IS HEREBY GRANTED A Food Est. - Small Retail; Bakery LICENSE Food Establishment-Small Retail;Bakery This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires December 31,2005 unless sooner suspended or revoked. ------------------- ----------------- Board of Health --------- --------------------------- ------------------------------------------------------------ NUMBER COMMONWEALTH OF MASSACHUSETTS BHP-2004-1289 0� •., o°fi North Andover FEE • . $270.00 Board of Health DATE ISSUED Smolak Farms January 01,2005 - ----------- - — - ------------- - -------NAME- - -- ---------- -- - ------------- ------------------------------- STREET --------315-------SOUTH---------- - -------BRADFORD-- --------------------------- -------------- ------------------------------ ADDRESS IS HEREBY GRANTED A Food Est. - Small Retail; Bakery LICENSE Food Establishment-Small Retail;Bakery This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires-------------December 31,-2005----- - - unless sooner suspended or revoked. ---------------------------------------- Board of -------------------- Health %- & ------------------ --------- LETTER OF TRANSMITTAL North Andover Health Department NORTH 400 Osgood Street North Andover,MA 01845 A 978.688.9540 - Phone # 978.688.8476 - Fax O14 tOC�Mtiwtw `1` healthdentna,townofnorthandover com - E-mail 0ft,T.o www.townofnorthandover.com - Website Page of �SS�+CNus�� TO: DATE. COMPANY: FROM: Pamela DelleC We, Health Dept.Assistant Phone: Fax: We are sendinyou: 0 Copy of Letter OPlans er ill in below) These are transmitted as ch below: OApproved as Noted s Requested OAs Required OResubmit copies for approval OFor approval OFor Review and comment OFor Your Use OSubmit copies for dist. REMARKS: !i I COPY TO: COPY TO: COPY TO: SIGNED: i i I S:a t TRANSMISSION VERIFICATION REPORT TIME 07115/2005 13:45 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATE DIME 07115 13:28 FAX NO./NAME 89786888058 DURATION 00:01:20 PAGE(S) 03 RESULT OK MODE STANDARD ECM l L APPLICATION FOR 10-DAY EMERGENCY PERMIT TO MANAGE BEAVER OR MUSKRAT THREAT TO BE FILLED OUT BY APPLICANT Fee (if applicable): $ Name: Date: Address: Town: Zip Code: Daytime Tel. # Evening Tel. # . Agent Name: Tel. # (if applicable) Complaint Location: Is the problem entirely on your property? Yes: No: Don't Know: Note: If the problem does not occur entirely on the applicant's property, consent forms from all other property owners must be obtained. Complaint Condition: Check appropriate box and provide a detailed description of the perceived threat to public health and safety ❑ Flooding of drinking water well 0 Flooding of septic system or sewer 0 Flooding of public or private way or driveway ❑ Flooding of a utility structure such as an electrical or communications facility ❑ Flooding f building g oa g CAMy Documents/Animals\2001\Beaver Forms\Application for May Emergency Permit.doc SS/aem ❑ Flooding poses imminent threat of substantial property damage ❑ Flooding which prevents normal agricultural use of land ❑ Other condition Under M.G.L. c. 131, s. 80A, an emergency permit authorizes the applicant or his duly authorized agent to immediately remedy the threat to human health and safety by one or more of the following options: (a) the use of conibear or box or cage-type traps for the taking of beaver or muskrat, subject to regulations; (b) the breaching of dams, dikes, bogs or berms; and/or(c) employing any non-lethal management of water-flow devices. The emergency permit will be good for 10 days from the date of issue. I certify the above information is true and correct to the best of my knowledge Signature of Applicant: Date: - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -- - - - - - - - ---- - - - - -- - - - - - - - - - - - - - - - - - - - - - - THIS SECTION IS FOR COMPLETION BY NORTH ANDOVER HEALTH AND CONSERVATION DEPARTMENTS Site visit by Health: Date Inspector name: Approved Permit # Start Date End Date Ext. Date Permit Denied Date Director Signature Site visit by Conservation: Date Inspector name: Conservation Commission Application Required: Yes No Findings& recommendations: Note: Options (b) and/or(c) above require applicant to get North Andover Conservation Commission approval prior to such work in accordance with the Wetlands Protection Act. CAMy Documents/Animals\2001\Beaver Forms\Application for IMay Emergency Permit.doc SS/aem „a ❑ Flooding poses imminent threat of substantial property damage ❑ Flooding which prevents normal agricultural use of land ❑ Other condition Under M.G.L. c. 131, s. 80A, an emergency permit authorizes the applicant or his duly authorized agent to immediately remedy the threat to human health and safety by one or more of the following options: (a) the use of conibear or box or cage-type traps for the taking of beaver or muskrat, subject to regulations; (b) the breaching of dams, dikes, bogs or berms; and/or(c) employing any non-lethal management of water-flow devices. The emergency permit will be good for 10 days from the date of issue. I certify the above information is true and correct to the best of my knowledge Signature of Applicant: Date: THIS SECTION IS FOR COMPLETION BY NORTH ANDOVER HEALTH AND CONSERVATION DEPARTMENTS Site visit by Health: Date Inspector name: Approved Permit # Start Date End Date Ext. Date Permit Denied Date Director Signature Site visit by Conservation: Date Inspector name: Conservation Commission Application Required: Yes No Findings&recommendations: Note: Options (b) and/or(c) above require applicant to get North Andover Conservation Commission approval prior to such work in accordance with the Wetlands Protection Act. CAMy Documents/Animals\2001\Beaver Forms\Application for May Emergency Permit.doc SS/aem 0 �I FORM 4-SYSTEM PUMPING RECORD t CURRIER- SEPTIC & DRAIN SERVICE 107 FOREST STREET; MIDDLETON, MA 01949 (978) 774-2772 C-OMMONWP A LTH OF MASSACHUSETTS MASSACHUSETTS SYSTEM PUMPING RECORD SYSTEM OWNER: SYSTEM LOCATION: DATE OF PUI PING: - G ` (yoQUANTITYPUMPED: L(O 00 GALLONS i CESSPOOL: NO YES 0 SEPTIC TANK: NO /YES SYSTEM PUMPED BY: CURRIER SEPTIC & DRAIN SERVICE CONTENTS TRANSFERRED TO: 61 ` > DATE: �- �� INSPECTOR: - 7 Date 8/23/99 Complaint Flies in muffin case.They leave donuts& Complaint# 71 muffins uncovered and flies are everywhere on&around them. Complaintant Annonymous I Addresss Phone# Action Owner of Property Smolak Farm I Owner's Address Phone# OL Sent ❑ We✓' . - vk- 00, 10 e�.-� �� f rr* �'L °s — 5� •fes.- OMPLAINT NUMBER DATE: COMPLAINTANT: CLOSE DATE: ADDRESS : PHONE: OWNER: PHONE # : ADDRESS: INSPECTION DATE: l IPRDER DAT COMPLAINT: / ACTION: - 1 0 Y Nathan & Debora Wentworth 196 S. Bradford St . N. Andover, MA 01845 July 16, 1992 Francis P . MacMillan, M.D. John S . Rizza, D.M.D. Gayton Osgood Board of Health Dept . Town Hall N. Andover, MA 01845 Gentlemen: We are writing to add our concerns to those expressed by Sharen Shaw in her letter of July 2, 1992 regarding chemical spraying and business development at the Smolak Farm. As parents of small children we are particularly concerned about the health risks of chemicals being used at the farm. On several occasions we have had our sleep disturbed at 3 o' clock in the morning by the farm' s tractor and spraying apparatus as well as by the smell of the chemicals . If these chemicals are considered safe, why are they applied in the middle of the night and why does the tractor operator wear a full body suit and a gas mask ? When we moved to North Andover in 1987 we chose our South Bradford Street home because of its rural atmosphere. At that time we felt the Smolak Farm was a positive contributor to this atmosphere. Although we are sensitive to the Farm' s need to maintain its profitability we hope that you can help to insure that our concerns and our children' s safety needs are addressed. Thank you for your help in this matter. Sincerely, Nathan & Debora Wentworth Z/ Nathan & Debora Wentworth 196 S . Bradford St . N. .Andover, MA 01845 July 16, 1992 Francis P . MacMillan, M.D. John S . Rizza, D.M.D. Gayton Osgood Board of Health Dept . Town Hall N. Andover, MA 01845 Gentlemen: We are writing to add our concerns to those expressed by Sharen Shaw in her letter of July 2, 1992 regarding chemical spraying and business development at the Smolak Farm. As parents of small children we are particularly concerned about the health risks of chemicals being used at the farm. On several occasions we have had our sleep disturbed at 3 o' clock in the morning by the farm' s tractor and spraying apparatus as well as by the smell of the chemicals . If these chemicals are considered safe, why are they applied in the middle of the night and why does the tractor operator wear a full body suit and a gas mask ? When we moved to North Andover in 1987 we chose our South Bradford Street home because of its rural atmosphere. At that time we felt the Smolak Farm was a positive contributor to this atmosphere. Although we are sensitive to the Farm' s need to maintain its profitability we hope that you can help to insure that our concerns and our children' s safety needs are addressed. Thank you for your help in this matter. Sinc_qrel v athan Debora Wentworth t ,40RTN O?O ,,`ao ,a•�OOp' BOARD OF HEALTH " n 120 MAIN STREET TEL. 682-6483 CM„SE` NORTH ANDOVER, MASS. 01845 Ext. 32 I August 17, 1992 Mrs. Sharon L. Shaw 230 So. Bradford Street North Andover, Ma 01845 Dear Mrs. Shaw: The Board of Health would like to inform you that they have received your letter of July 2 , 1992 and discussed your concerns at their meeting on August 13 , 1992 . The matter has been forwarded to Town Counsel for advisement and all interested parties will be notified of any recommendations for action which may result from Town Counsels review of the issues. Please feel free to contact the Board of Health with any further questions you may have regarding this matter. ZVe truly yours Dr. F nci c Chairman Dr. o R' zza, ce C 1 an Gayton Osgood, Clerk cc: Karen Nelson, Director, Planning & Comm. Dev. Kopelman & Page, Town Counsel Board Members Smolak Farms 315 South Bradford Street t North Andover, Massachusetts 01845 (978) 682-6332 -Stand (978) 687-4029 - Tours &Activities (978) 688-8058 - Office www.smolakfarms.com EIVED April 10, 2003 EC Technical Review Committee APR 1 6 2003 Town of North Andover 27 Charles Street WITH ANDOVER North Andover, MA 01845 PLANNING DEPARiMEN-i- RE: Ice Cream Stand Building Permit To Whom it May Concern: Enclosed, please find information concerning our plans for an Ice Cream Stand in our Farm Stand. The following information with the plans outlines the project: 1) Location of a parking sites for a handicapped van and regular vehicle spaces with the corresponding space for off loading. 2) Handicap Porta John and a regular one located near the facility. 3) We are in the process of connecting to the town sewer and should be done by the end of the month. 4) Grease Trap location at the Farm Stand to which the waste water from the ice cream area will be pumped. 5) The highlighted law Chapter 40A sec. 3. 6) A copy of the equipment we have planned for thus far. Notably there will be a hand wash sink,a triple basin sink, dip sinks at each of three 4 service windows and a hot water heater. The refrigeration equipment will consist of a refrigerator, a walk in freezer, two 17 top dip cabinets with room for expansion, along with air conditioning. The floors, walls and ceilings will all be washable and of the appropriate materials. 7) There are 12 copies of the plans with backup information. Thanks a ain for your help and I look forward to getting this project off the ground. �Sincerely, H. Michael Smolak Jr. m - a CL L) z M LO ItQ LLZ 0 KUMBER FEE - Q THE COMMONWEALTH OF MASSACHUSETTS 200.00 ------------ of ?1idAleton___--------___ Board of Health This is to Certify that_.__.____________._ Riehardsonla Farms Inc. .156 S. Main St. Middleton, Ma. -01949 ......................_. ......__...............__ -_ _._...__...........- _._..._._. WCATION OF THE PBEIYU945 IS HEREBY GRANTED A LICENSE FOR THE MANUFACTURING OF FROZEN DESSERTS LO AND/OR ICE CREAM MIX LO n For the year eonnneneing with March first ____.2003 r This License is subject to the Rules and Regulations of the Massachusetts Department of 00 Public Health Relative to the Manufacturing of FROZEN DESSERTS and ICE CREAM MIX, r to the Rules and Regulations of the Board of Health granting this License, and to the provision of the General laws Chapter 94 as amended by Chapter 373 of the Acts of 1934, and may be revoked or suspended in accordance with the provisions of Section 65J said Chapter. M M e--� THS BOARD OF HEATITH OF Lf(f _.. ... .. ........._.._.............................................. .. _ M FORK 538 1UAsulaaCO. - z N V m - M.G.L - Chapter 40, Section 3. 4/9/03 10:37 AM GENERAL LAWS.,OF MASSACHUSETTS PART I. ADMINISTRATION OF THE GOVERNMENT. ......................_.......... _ ..._ __ . ._.. _ .. .--.. , CS.1 so TITLE VII: CITIES, TOWNS AND DISTRICTS. pPR l 6 203 wRTH ANDOVER CHAPTER 40A. ZONING. PLANR1NO E3FP4gTMkN1 Chapter 40A: Section 3. Subjects which zoning may not regulate; exemptions; public hearings; temporary manufactured home residences. Section 3. No zoning ordinance or by-law shall regulate or restrict the use of materials,or methods. of construction of structures regulated by thestate building code;nor shall any such ordinance or by-law prohibit,unreasonably regulate or-require.a. special permit for the use of land for the primary purpose of agriculture,horticulture,floriculture,or viticulture;nor prohibit,or unreasonably regulate,or require a special permit for the use,expansion,or reconstruction of existing structures thereon for the primary purpose of agriculture;horticulture;floriculture,.or viticulture,including those facilities for the sale of produce, and wine and dairy products,provided that during the months of June;July,August; and September of every year or,during the.harvest season of the primary crop raised on land of the owner or lessee,the majority of suchproducts for sale, based on either gross sales dollars or volume,have been produced by the owner or lessee of the land on which the facility is located,except that all such activities may be limited to parcels of more than five acres in area not zoned for agriculture;horticulture,floriculture;or viticulture. For such purposes; land divided by a public or private way or a waterway shall be construed as one parcel.No zoning ordinance or by-law shall exempt land or structures from floodplain or wetlands regulations established pursuant to general law.For the purpose of this section,the term horticulture shall include the growing and keeping of nursery stock and the sale thereof. Said nursery stock shall be considered to be produced by the owner or lessee of the land if it is nourished,maintained and managed while on the premises. No zoning ordinance or by-law shall regulate or restrict the interior area ofa single family residential building nor shall any such ordinance.or by-law prohibit;regulate or restrict the use of land or structures for religious purposes or for educational.purposes on land owned or leased by the commonwealth or any,of its agencies, subdivisions or.bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation; provided,however,that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes;lot area,setbacks;open space,parking and building coverage requirements. Lands or structures used, or to be used by,a public service corporation may be . exempted in particular respects from the operation of a'zoning ordinance or by-law if;upon petition of the corporation, the department of telecommunications and energy shall, after notice given pursuant to section eleven and public hearing in the town or city,determine the exemptions required and find that the present or proposed use of the land or.structure is reasonably necessary for the convenience or welfare of the public;provided however,that if lands or structures used or to be used by a public service corporation are located in more than one municipality such lands or structures may be exempted in particular respects from the operation of any zoning-ordinance or by-law if, upon petition of the corporation,the department of telecommunications and energy shall after notice to all affected communities and public hearing in one of said.municipalities,determine the exemptions required and find that the present or proposed.use of the land or structure is reasonably necessary for the convenience or welfare of the public: No zoning ordinance or bylaw in any city or town shall prohibit;or require a special permit for,the use of land or structures,or,the expansion of existing structures,for the primary, accessory or incidental purpose of operating a child care facility;provided,however;that such land or structures http://WWW.STATE.MA.US/LEGIS/LAWS/MGL/40A-3.HTM Page 1 of 2 M.G.L - Chapter 40, Section 3. 4/9/03 10:38 AM maybe subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes;lot area, setbacks;open space,parking and building coverage requirements. As used in this paragraph,the.term. ""child care_facility";shall,mean a,day,care.center or.a school, age child care program,as those terms are.defined in section zine'of chapter twenty-eight A. Notwithstanding any.general or special law to the contrary,local land use and health and safety laws, regulations,practices, ordinances, by-laws and decisions of a city or town shall not discriminate against a disabled person. Imposition of health and.safety laws or land-use requirements on congregate living arrangements among non-related persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination.The provisions of this paragraph shall apply to every city or town,including,but not limited to the city of Boston and the city of Cambridge. Family day care home and large family day care Home, as those terms are defined in section nine of chapter twenty-eight A, shall be an allowable use unless a city or town prohibits or specifically regulates such use in its zoning ordinances or by-laws No provision of a zoning ordinance or by-law shall be valid which sets apart districts by any boundary line which maybe changed without adoption of an amendment to the zoning ordinance or, by-law. No zoning ordinance or by-law shall prohibit the owner and occupier of a residence which has been destroyed by fire or other. natural holocaust from placing a manufactured home on the site of such residence and residing in such home for a period not to exceed twelve months while the residence is being rebuilt.Any such manufactured home shall be subject to the provisions of the state sanitary code. No dimensional lot requirement of a zoning ordinance or by-law including but not limited to, set back,front yard, side yard,rear yard and,open space shall apply to handicapped access ramps,on private property used solely for.the purpose of facilitating ingress or egress of a physically handicapped person,as defined in section thirteen A of chapter twenty-.two. No zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the.building:of structures:that facilitate the.collection.of,solar energy;except where necessary to protect the public health; safety or welfare: No zoning ordinance or by-law shall prohibit the construction or use of an antenna structure by a federally licensed amateur radio operator.Zoning ordinances and by-laws mayreasonably regulate the location and height of such antenna structures.forthe purposes of health,safety,or.aesthetics, provided, however,that such ordinances and by-laws reasonably,allow for sufficient height of such antenna structures so as to effectively accommodate.amatetir radio communications by federally licensed amateur radio operators and constitute the minimum practicable regulation necessaryto accomplish the legitimate purposes of the city or town enacting such ordinance or by-law. Return to: ** Next Section ** PreviousSection * ` Cha ter Tabil-of_Contents'**.Legi'slative H me Page http://WWW.STATE.MA.US/LEGIS/LAWS/MGL/40A-3.HTM Page 2 of 2 M.G.L - Chapter 40, Section 3. 4/9/03 10:37 -AM V.I OF MASSACHUSETTS GE1vERAL LAWS PART I. ADMINISTRATION OF THE GOVERNMENT... TITLE VII; CITIES, TOWNS AND DISTRICTS. CHAPTER 40A. ZONING. Chapter 40A; Section3. Subjects which zoning may not regulate; exemptions; public hearings; temporary manufactured home residences.. Section 3. No zoning ordinance or by-law shall regulate.or restnct.the-use,of.matenals,or methods., of construction of structures regulated by the state building code,nor haUany'such ordinance or by-law prohibit,unreasonably regulate or regwre a special permit for the use of land for the primary purpose:of agriculture,'horticulture;floriculture;or viticulture;nor.prohibit,or unreasonably regulate,or require a special permit.for the use, expansion, or reconstruction of.existing structures thereon for the primary purpose of agriculture,horticulture,floriculture,or viticulture,including those facilities for the sale of produce,and wine and dairy products,provided that during the months of June,July,August;and September of every.year'or:during the.harvest season of the primary crop raised on land of the owner or lessee,the majority of such products for sale,based on either gross sales dollars or volume,have been produced by the owner or lessee of the land on which the facility is located,except that all such activities may be limited to parcels of more than five acres in area not zoned for agriculture,horticulture,floriculture;.or viticulture. For such purposes, land divided by a public or private way or a waterway shall be construed as one parcel. No zoning ordinance or by-law shall exempt land or structures from floodplain or wetlands regulations established pursuant to,general law.For the purpose of.tlus section,the term horticulture.shall include the growing and keeping of nurserystock and the sale thereof.Said nursery stock shall be considered to be produced.by the owner or lessee of the land if.it is nourished;maintained and managed while on the.premises. No zoning ordinance or by-law shall regulate or restrict,the interior area of a"single family residential building nor shall any such,ordinance or by-law prohibit'.regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by . the commonwealth or any of its agencies;subdivisions or bodies politic or by a religious sect or denomination,or by a nonprofit educational corporation; provided,however,that such land or structures may be subject to reasonable regulations concerning.the bulk and height of structures and determining yard sizes,lot area,setbacks;open space,parking and building coverage requirements. Lands or structures used,or to be used by a;public service corporation may be - exempted in particular respects from the operation of a zoning ordinance or by-law if,upon petition of the corporation, the department of telecommunications and energy shall,after notice given pursuant to section eleven and public hearing in the town or,city,determine the.exemptions required and find that the present or proposed use of the land.or.structure is reasonably,necessary.for the: convenience or welfare of the public;provided however,that if lands:or structures used onto be used by a public service corporation are located in more than one municipality such lands or structures may be exempted in particular respects-from the operation of any zoning-ordinance or. by-law if, upon petition of the corporation,the department of telecommunications and energy shall after notice to all affected communities andpublic hearing in one of said municipalities,determine the exemptions required and find that thepresent or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public. No zoning ordinance or bylaw in any city or town shall prohibit;.or require a special permit for,the use of land or structures, or the expansion of existing structures;for the primary, accessory or incidental purpose of operating a child care facility; provided,however,that such land or structures http://WWW.STATE.MA.US/LEGIS/LAWS/MGL/4OA-3.HTM Page 1 of 2 M.G.L1, Chapter 40, Section 3. 4/9/03 10:38 AM may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. As used in this paragraph, the term ""child care facility" shall mean a day care center or a school age child care program, as those terms are defined in section nine of chapter twenty-eight A. Notwithstanding any general or special law to the contrary, local land use and health and safety laws, regulations, practices, ordinances, by-laws and decisions of a city or town shall not discriminate against a disabled person. Imposition of health and safety laws or land-use requirements on congregate living arrangements among non-related persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination. The provisions of this paragraph shall apply to every city or town, including,but not hinited to the city of Boston and the city of Cambridge. Family day care home and large family day care hotne, as those teens are defined in section nine of chapter twenty-eight A, shall be an allowable use unless a city or town prohibits or specifically regulates such use in its zoning ordinances or by-laws. No provision of a zoning ordinance or by-law shall be valid which sets apart districts by any boundary line which may be changed without adoption of an amendment to the zoning ordinance or by-law. No zoning ordinance or by-law shall prohibit the owner and occupier of a residence which has been destroyed by fire or other natural holocaust from placing a manufactured home on the site of such residence and residing in such home for a period not to exceed twelve months while the residence is being rebuilt. Any such manufactured home shall be subject to the provisions of the state sanitary code. No dimensional lot requirement of a zoning ordinance or by-law, including but not limited to, set back, front yard, side yard,rear yard and open space shall apply to handicapped access ramps on private property used solely for the purpose of facilitating ingress or egress of a physically handicapped person, as defined in section thirteen A of chapter twenty-two. No zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare. No zoning ordinance or by-law shall prohibit the construction or use of an antenna structure by a federally licensed amateur radio operator.Zoning ordinances and by-laws may reasonably regulate the location and height of such antenna structures for the purposes of health,safety,or aesthetics; provided, however, that such ordinances and by-laws reasonably allow for sufficient height of such antenna structures so as to effectively accommodate amateur radio communications by federally licensed amateur radio operators and constitute the minimum practicable regulation necessary to accomplish the legitimate purposes of the city or town enacting such ordinance or by-law. Return to: ** Next Section ** Previous Section ** Chanter Tabit of Contents ** Legislative Home Page http://WWW.STATE.MA.US/LEGIS/LAWS/MGL/40A-3.HTM Page 2 of 2 i on, g4l i Y r+ Yy F mom 14 SNS 1 y -x••no.d.....w.uar.....w�+r.•....w�.....;..;......w.Awa+......a.s.«a ........•......�....�..� � ' S VVI BURIED GAS SERVICE. VIF LOCATION LOADING AREA i i EXHHAUST ILOUVRE ROOF SUPPORT ROOF LINE ABOVE COLUMNS TO REMAIN 10'-0' OFO INSULATED STEEL DOOR (3'-0' X 6'-B') WALK-IN FREEZER EX ING 1' SLI NG DO 1A I DEL ) F i �SH LF/CABINETS EXISTING LANDSCAPE HAND WASH I a I I ¢ ABOVE ''€ TERRACE TO REMAIN SINK I v I (oe v y100 0 64ww I—ww I H u I I H V L _ J L SS THREE BOWL PLAM/SS SINk,WITH COUNTER,\ REM E E STI DRAINB❑ARDS D,H. WINDOW IND S. F L 0 NIN O CH. U •' COUNTER U.hd ;z o N a REMOVE EXISTING Z w� . DIP SIN w ( NON-LOAD BEARING w¢ ,—«�-r.., ,-r••--i `: WOOD COLUMNS CL a s ¢w 1-1. oa LL.d I Yr - C \ COUNTERD.H, WINDOW r►.i \ _2 _j X 10 HDR. 2 - 2 X 10 HDR. REMOVE EXISTING ORDER R PICKUP 3 ROOF SUPPORT COLUMNS. a PROVIDE NEW LOAD UP 3 R BEARING WALL Q I MEN SIGU SS COUNTERJ o F- OU Lsy w EXISTING ROOF W STRUCTURE TO D.H. WINDOWS (4) SLIDING SCREEN REMAIN ROOF LINE AB V i PLANS FOR SMOLAK FARMS FIRST FLOOR PLAN SOUTH BRADFORD STREET (PROPOSED) NORTH ANDOVER ,MA SCALE1/4' = 1'-0' DATES 3/23/03 i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - ---- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------------------------------------------------------ --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------------------------------------- --- - ---------------------------------------- ---------------------------------- - - , - - -------------------------------------------------------------------- ------------------------------------------------------------------------- --- ------------------------------------------------------------------- ----------------------------- - - ---- - ------------------------------------------------------------------ - ------------------------------------------------------------------ R=R ` l H F I Ell MIJ FINIEJ 1ST FLOG . . . . . . . . .. . .. . . . .. .. . .. . . . . . FINISB-riRADE-- (VARIES) ---------- .. .................- -_ - ------ - ----- - ------ -....- ---- ----- ---- --- FRNT ------- FRONT ELEVATION PLANS FOR SMOLAK FARMS SOUTH BRADFORD STREET NORTH ANDOVER ,,MA SCAL 4/4' = V-01 DATEi 4/15/00 EXISTING ; SKYLIGHT REMOVE EXISTING NON-LOADBEARING WOOD POSTS EXISTING ROOF SUPPORT STRUCTURE TO REMAIN WALK-IN FINISH 1ST FLOOR 1: ; ; ; : t t • ; ; ; ; . . . ; . ; . . •1 ? FREEZER I: I; I : :I t -- - - - - EXISTING Ii I I I TIMBER TERRACE I. . . . . . . . . TO REMAIN r •y. l'•• • . . . ...h . • �y r " •.. .y.• FINISH GRADE 4 (VARIES) I { LJ - - - - - - - - -- - - = - - - - - J NEW DH WINDOWS NEW FOUNDATION MATCH EXISTING SIDING PLANS FOR RIGHT ELEVATION SM❑LAK FARMS SOUTH BRADFORD STREET NORTH ANDOVER,MA SCALEd/4' = 1'-0' DATEi 2/25/03 r RIDGE VENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - EXISTING ROOF . : SUPPORT STRUCTURE TO REMAIN----,, . . . . . . . . . . . . . . . . . . . . . . . WALK-IN FREEZER .00 . . . . . . . . . . . . . . . . . . . . . . . . . EXISTING TIMBER __,.,.,,Z NEW LOADING & EMPLOYEE ACCESS TERRACE TO REMAIN DOOR PLANS FOR REAR ELEVATION SMOLAK FARMS SOUTH BRADFORD STREET NORTH ANDOVER ,MA S ALE4/4' = 11-0' DATE, 4/15/00 EXISTING RIDGE VENT ROOF FRAMING TO REMAIN NEW INSULATED LIGHTSHAFT SECURE RAFTER/CEILING J❑IST TO TOP PLATE WITH FRAMING CONNECTORS NEW 2— 2 X 8 CEILING JOISTS EXISTING TO MATCH ROOF RAFTER SPACING SKYLIGHT I/2' EXTERIOR PLYWOOD HVAC SCREENED VENT EQT. —19 INSUL. PROVIDE FRAMING CONNECTORS BETWEEN RAFTER/JOIST AND TOP PLATE/BEAM CEILING SYSTEMi CONTINUOUS SCREENED TYPICAL EXTERIOR WALL, 1 X 3 STRAPPING 6'-6' +/— SOFFIT VENT DING TO MATCH EXISTING 1/2 MR GWB NEW WALLS NEW EXTERIOR WALLS, CDX PLYWOOD SHEATHING FRP PANELING SIDING TO MATCH EXISTING FARM STAND 2 X 4 AT 16' O.C. THERMAL REAK BETWEEN BUILDING WRAP R-12 INSULATION SLAB/FOUNDATION. 1/2' CDX PLYWOOD ROOF SHEATHING 40ISTURE RESISTANT GWB ' RIGID FOAM JOINT SEALANT, R-13 INSULATION FRP PANELING WALL PANEL/FLOOR1/2' MOISTURE RESISTANT GWB SLAB/FDN. FIBERLAS REINFORCED PLASTIC (FRP) PANEL FINISH IST FLOOR 8' COMPACTED WALK—IN _ _ _ _ GRANULAR BASE 4' CONCRETE FLOOR SEALER SLA SLOPE 1/4' PER FT. EXISTING ROOF — FD SUPPORT STRUCTURE _ FINjSH GRADE_ s 4 '' ' (VARIES) w ,., TO- REMAIN I I s; I { I I ISI 11={ I I-11 LI f LI I =1 I LI 11=1 I I-1 I U I (-1 I I � z I ={ 11=111=1 11=1 11=1 I l=1 11=1 L J '* 1 I-1 I(=1 I I-1 11=1 I I-1 I =1 I I-1 I I-1 11=1 11=1 I I 2 # 5 T B L J TYPICAL SILL DETAIL, ANCHOR BOLTS AT 4' O.C. •-8� TREATED WOOD SILL SILL SEAL INSULATIO 2' RIGID FOAM COMPACTED STRUCTURAL POURED CONCRETE INSULATIONN FILL MATERIAL FOUNDATION PLANS FOR OPTION C SMOLAK FARMS TYPICAL CROSS SECTION SOUTH BRADFORD STREET (PROPOSED) NORTH ANDOVER,MA SCALEi1/4' = 1'-0' DATEi 2/25/03 T. Smolak Farms " 315 South Bradford Street North Andover, Massachusetts 01845 (978) 682-6332 -Stand (978) 687-4029 - Tours &Activities _ (978)688-8058 -Office www.smolakfarms.com Technical Review Committee Town of North Andover 124 Main Street North Andover, MA 01845 April 24, 2003 RE: Smolak Farm Ice Cream Stand Permit To Whom It May Concern: History of Current Zoning: In the mid 1980's the Building Inspector, Town Planner, Planning Board, George Barker and myself, (Michael Smolak, got together to modify the wording of the Zoning By-Laws which were adopted by the Annual Town Meeting. What precipitated this was that Smolak Farms was selling Christmas Trees even though what we were growing was a little more than seedling stage. The Town in their wisdom was very aware of the loss of Farms in North Andover as well as regionally. What we did is rewrite by-laws to reflect the reality of what was going on in the business of agriculture and to keep what dwindling farms that were left, from beingunduly harassed and to helpkeepthem in business. The focus was to llow farmers who made their livelihod from farming to sell value added products to help the bottom line. This is why we chose the words "accessory or customary"to reflect those operations that were part of farm businesses such as ours. The town did this in order to help protect the farms and the open space they created from disappearing. We also chose the wording "primarily engaged in the sale of products of agriculture, horticulture;floraculture,viticulture or silvaculture"to encourage real farmers to stay in the business. Our History: We have been intending to complete this project and it has been discussed for quite a while. What had kept us from moving on the project was connection to the sewer. In fact we were given permission from The Board of Health Agent, Susan Ford, to do this provided we connected to the sewer within a reasonable time period.. We opted to wait to do the project as originally intended rather than in half measures. Therefore the delay in moving on it. j . Other Like Businesses: The following is a partial list of Farms that sell ice cream which we would define as an accessory or customary usage. Richardson's will be our supplier and may use some of our fruit in its production. Russel Farm; Ipswich Connors Farms; Danvers Long Hill Orchards; West Newbury Boston Hill Farm; North Andover Arenas Farms; Concord Asach Turkey Farms; Bridgewater Berlin Orchards; Berlin Carver Hill Orchards; Carver Flint Farms; Marshfield Ingaldsby Farm; West Boxford Marshfield Farm; Rowley Wally's Farm; Haverhill Kimball's Farm; Westford I hope this sheds some light on the history and law concerning this project and I hope you will give this favorable consideration. Sincerely, H. Michael Smolak Jr. Smolak Farms Smolak Farms 315 South Bradford Street North Andover, Massachusetts 01845 (978) 682-6332 - Stand (978) 687-4029 - Tours &Activities (978) 688-8058 - Office www.smolakfarms.com Technical Review Committee Town of North Andover 124 Main Street North Andover, MA 01845 April 24, 2003 RE: Smolak Farm Ice Cream Stand Permit To Whom It May Concern: History of Current Zoning: In the mid 1980's the Building Inspector, Town Planner, Planning Board, George Barker and myself, Michael Smolak, got together to modify the wording of the Zoning By-Laws which were adopted by the Annual Town Meeting. What precipitated this was that Smolak Farms was selling Christmas Trees even though what we were growing was a little more than seedling stage. The Town in their wisdom was very aware of the loss of Farms in North Andover as well as regionally. What we did is rewrite by-laws to reflect the reality of what was going on in the business of agriculture and to keep what dwindling farms that were left, from being unduly harassed and to help keep them in business. The focus was to allow farmers who made their livelihood from farming to sell value added products to help the bottom line. This is why we chose the words "accessory or customary"to reflect those operations that were part of farm businesses such as ours. The town did this in order to help protect the farms and the open space they created from disappearing. We also chose the wording "primarily engaged in the sale of products of agriculture, horticulture,floraculture,viticulture or silvaculture"to encourage real farmers to stay in the business. Our History: We have been intending to complete this project and it has been discussed for quite a while. What had kept us from moving on the project was connection to the sewer. In fact we were given permission from The Board of Health Agent, Susan Ford, to do this provided we connected to the sewer within a reasonable time period.. We opted to wait to do the project as originally intended rather than in half measures. Therefore the delay in moving on it. Nathan & Debora Wentworth. 196 S . Bradford St . N. Andover, MA 01845 July 16, 1992 Francis P . MacMillan, M.D. John S . Rizza, D.M.D. Gayton Osgood Board of Health Dept . Town Hall N. Andover, MA 01845 Gentlemen: We are writing to add our concerns to those expressed by Sharen Shaw in her letter of July 2, 1992 regarding chemical spraying and business development at the Smolak Farm. As parents of small children we are particularly concerned about the health risks of chemicals being used at the farm. On several occasions we have had our sleep disturbed at 3 o' clock in the morning by the farm' s tractor and spraying apparatus as well as by the smell of the chemicals . If these chemicals are considered safe, why are they applied in the middle of the night and why does the tractor operator wear a full body suit and a gas mask ? When we moved to North Andover in 1987 we chose our South Bradford Street home because of its rural atmosphere. At that time we felt the Smolak Farm was a positive contributor to this atmosphere. Although we are sensitive to the Farm' s need to maintain its profitability we hope that you can help to insure that our concerns and our children' s safety needs are addressed. Thank you for your help in this matter. Sincerely Nathan & Debora Wentworth r Sharen L. Shaw "230 So. Bradford St. No. Andover, Ma. 01845 0 " 0 July 2, 1992 Z i Francis P. MacMillan, M.D. j John S. Rizza, D.M.D. Gayton Osgood Board of Health Dept. Town Halt No. Andover, Ma. 01845 Gentlemen: We are writting to let you know the neighborhood"s concern over the development and commercialization of the Smolak Farm Stand. It is difficult to understand how a Retail Food Estalishment Certificate was issued to the Smolak Farm on September 6, 1985 granting a conditional permit for preparation of home baked pastries and cidar for retail sales. The farm stand is located in a R-1 zone which prohibits any type of retail establishment, ie: bakery, general store or restaurant. This permit was granted before the Annual Town Meeting on April 26, 1986 when Article 100 of the Zoning Bylaw Amendment was adopted. Doesn't the health department have to make sure that any person requesting a permit falls within the zoning requirements? Our understanding from Michael Smolak and Article 100 Zoning Bylaw Amendment was that the Smolak Farm was to operate a farm stand only, selling fruits, flowers, vegetables and Xmas trees with their accessories. Town records show that a permit to build a farm stand was issued. A farm stand usually doesn't have heat, bathroom or kitchen vac i 1 i t i es. How was a septic permit and kitchen facilities granted? Health department records show various permits have been granted allowing coffee, cider, ham, beans, cornbread, rolls, apple crisp, ice cream, milk and the most recent permit, dated Jan. 10, 1992, to operate a food establishment, is the ultimate. a 2. w What is evolving, with the cooperation of the Town, is a bakery, con- venience/grocery store and restaurant, which is what voters aggressively opposed in 1986. Last, but not least, is the problem of chemical spraying of the fruit trees at all hours of the night. We are very concerned for health reasons and would like to know what chemicals are used and the guide lines and controls for applying them. Some of these chemicals have an odor and may cause allergies and even cancer. The Smolak Farm is located in the middle of a residential area and not located in a isolated spot. Many of us moved to the country to get away from commercialization and to enjoy the tranquility. We have the welfare of our children to consider, as well as, to protect the value of our properties. Isn't anyone watching out for our neighborhood and our welfare? Does Michael Smolak have carte blanche to do whatever comes to mind to make money without any consideration to our neighborhood and the laws? We have all sat back wondering what is going on, complaining to Michael and getting no answers or satisfaction. Now it is time for action and some answers. Sincerely, 1 Sharen L. Shaw, for the neighborhood i cc: The neighbors KAREN H.P.NELSON Town Of 120 Main Street, 01845 Director - NORTH ANDOVER (508) 682-6483 BUILDINGe °' •<� CONSERVATION DMSION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT August 18, 1992 Ms. Sharen L. Shaw 230 So. Bradford Street North Andover, MA 01845 Re: Smolak Farm Stand Dear Ms. Shaw: In response to your recent request regarding the applicability for the North Andover Zoning By-law to the farmstand operated by Mike Smolak at 315 S. Bradford Street, please be advised that it is my opinion, after conferring with Town Counsel, that the Smolak farmstand currently meets the standards for agricultural use contained in G.L. c.40A, s3 and (herefore is exempt from the application of the Town's Zoning By-law with respect to use requirements and limitations. Massachusetts General Laws,Chapter 40A, Section 3 expressly forbids municipalities from prohibiting, unreasonably regulating, or requiring a special permit for farmstand operations conducted in connection with a primary agricultural use of five or more acres of land,provided only that during the months of June,July,August, and September the majority of products for sale have been produced by the landowner. There is no limitation on the farm products which may be sold during the remaining months of the year. You have expressed concern that the Smolak farmstand has been changed to a bakery/convenience/grocery store and restaurant",and that the barn isused forfunctions. You have also expressed concern over the traffic generated by the Smolak farmstand,and the noise created by the spraying of fruit trees during the night. Based upon my � y oe observations the ma'orit f the products sold at the farmstand during the months of June through September are produced by the landowner. These products include j bakery items using the fruit grown in the Smolak orchards. In my opinion, the sale of coffee, ice cream and similar items to be eaten on the premises is incidental to the sale of farm products and does not convert the use to a restaurant. Further, I have not observed products being stocked or sold on the premises which convert the use into a convenience store.. Finally, the sale of nursery/greenhouse products is well within the definition of agriculture. e. r� Page 2: With respect to other activities and uses conducted on the farm such as hayrides, walking trails, and display of farm animals, it appears from my observations that these activities are provided free of charge and thus are not prohibited as commercial uses under the Zoning By-law. If such activities result in nuisances to the neighbors, the problems are best resolved by the private parties affected since I have been advised by counsel that there are no applicable zoning provisions which I may enforce in regard to these alleged nuisances. Please note that the section of the By-law which you have cited in your letter relative to the occupation of a building or premise being rendered objectionable or detrimental, i.e., Section 4.121.4, specifically relates to use of a dwelling for a home occupation and does not apply to farmstands. I will continue to monitor the activities at the farm to ensure continued compliance with the law. Very truly yours, Robert Nicetta, Building Inspector/ Zoning Enforcement Officer cc: M. Smolak Smolak Farm K. Nelson, Director, PCD A. Conboy, Health Admin. J. Gordon, Town Manager Board of Selectmen NORTFl Minutes: August 13, 1992 3a�ry I e q�o0 BOARD OF HEALTH 9e : ,°= 120 MAIN STREET TEL. 682-6483 ;C',�USEt�� NORTH ANDOVER, MASS. 01845 Ext. 32 Smolak Farms Mr. Osgood updated the Board on a recent zoning complaint on Smolak Farms. Farms are allowed a lot of exemptions from State Laws stated Mr. Osgood i.e. wetlands laws. Mr. Osgood stated that even if we refuse to license Smolak Farm Stand,. Mike could still run a farm stand because there is a State Law that he can run his stand without the Board of Health' s permission. The letter also mentioned pesticides/insecticide spraying. The spraying is regulated by the State Pesticide Board and you have to be licensed by the State Pesticide Bureau to spray. Mike Smolak is licensed and the person that works for him is licensed. The Board of Health has no jurisdiction over these complaints, the complainant would have to go to the State Pesticide Board if she thinks Mike Smolak is doing something wrong. - Mr. Osgood stated that the only think that is questionable, is how much of the things in the store he can sell that are not farm produce. This is a zoning issue- and the Planning Board has referred it to Town Counsel. Mr. Osgood stated that after Mrs. Nelson receives the recommendation from Town Counsel she plans to invite the Shaws and anyone else interested to sit down with Mr. Gordon, Mrs. Nelson, and Ms. Conboy to discuss the situation. Ms. Conboy suggested to send a letter to the complainants stating that the Board received their letters,_ she _believes thisis good policy to respond by letting them know the Board is aware of their concerns.. HORTFl Minutes: August 13, 1992 BOARD OF HEALTH 120 MAIN STREET TEL. 682-6483- �9SS^CMUs���y NORTH ANDOVER, MASS. 01845 Ext. 32 Smolak Farms: Mr. Osgood updated the Board on a recent zoning complaint on Smolak Farms. Farms are allowed a lot of exemptions from State Laws stated Mr. Osgood i.e. wetlands laws. Mr. Osgood stated that even if we refuse to license Smolak Farm Stand, Mike could still run a farm stand because there is a State Law that he can run his stand without the Board of Health's permission. The letter also mentioned pesticides/insecticide spraying. The spraying is regulated by the State Pesticide Board and you have to be licensed by the State Pesticide Bureau to spray. Mike Smolak is licensed and the person that works for him is licensed. The Board of Health has no jurisdiction over these complaints, the complainant would have to go to the State Pesticide Board if she thinks Mike Smolak is doing something wrong. Mr. Osgood stated that the only think that is questionable, is how much of the things in the store he can sell that are not farm produce. This is a zoning issue and the Planning Board has referred it to Town Counsel. Mr. Osgood stated that after Mrs. Nelson receives the recommendation from Town Counsel she plans to invite the Shaws and anyone else interested to sit down with Mr. Gordon, Mrs. Nelson, and Ms. Conboy to discuss the situation. Ms. Conboy suggested to send a letter to the complainants stating that the Board received their letters,_ she believes this is good policy to respond by letting them know the Board is aware of their concerns. ,ORTH ?O`tt'ao BOARD OF HEALTH 41 y9,, ,r`p.,•`ty 120 MAIN STREET TEL. 682-6483 9SSANUS NORTH ANDOVER, MASS. 01845 Ext. 32 August 17, 1992 Nathan & Deborah Wentworth 196 S. Bradford Street North Andover, Ma 01845 Dear Mr. & Mrs. Wentworth: The Board of Health would like to inform you that they have received your letter of July 2 , 1992 and discussed your concerns at their meeting on August 13 , 1992 . The matter has been forwarded to Town Counsel for advisement and all interested parties will be notified of any recommendations for action which may result from Town Counsels review of the issues. Please feel free to contact the Board of Health with any further questions you may have regarding this matter. Very tz'Lily' your , Dr. F nci c 1 irman Dr. ohn Rizza, V'ce C an Gayton Osgood, Clerk cc: Karen Nelson, Director, Planning & Comm. Dev. Kopelman & Page, Town Counsel Board Members i JUN—1 1—2001 01 :51 PMS�M©L—.f-VK' AR S_ 978 688 8058 P. 02 V11VDWS NUTW %'V r ` Weeks of June 18 dR 25,1001 Volume 8,Issue 13 Massachusetts Farm Bu mu Federation,466 Chestnut Street,Ashland.MA 1721-2299 (308)891-4766 www.massfarmbureau.com f 1)enartmen� ref Public He C'eriification Required by October "h"'cpmJr. FARM BUREAU ANNOUNCES INFORMATION MEETINGS h"a"xsratawa"tt FOR AGRICULTURAL FOOD PROCESSOR TEST >awltz Gar,Aed DWIMnra" �&O PAdA";tt ar As of October 13, 2001 anyone who alters their product in any manner.other than a simple washing will RiMardTnrnt no% fall under the Hazard Analysis Critical Control Point(HACCP)regulations and the U.S.Public Health AlAremas: Service's Food Code of 1999. Massachusetts adopted these regulations on October 1 i. 2(NI()and left a one- finfidw lunus l.arba year compliance window for all producers in the Commonwealth. Idad These regulations pertain to anyone that bakes a pie. makes a salad or alters their commodity in am' I-'rod 1'64Wa Jr manner before they sell or serve that product to the public. However•if you're just washing your apples or 3 .a similar commodity before you sell it, then the HACCP regulations do not penain to your operation, but taxa t.'utrrrnrs again,if you so much as cut that apple before you sell it than you do have to abide. trear What do the HACCP (other wise known as Value Added or Serve Safe) regulations mean to your U..k,.Mardda.ttann" ta�ffa business'?Essentially if you arc serving a processed product to the public you are required to have a HACCP Ken.4wr), certified person overseeing your operation. The certified person is responsible for the cleanliness and safety Ham" of the preparation. storage. and delivery of your product to the consumer. He or she wilt have attend Leon Ripky training and successfully complete a test conducted by the Massachusetts Department of Public Health ifanmttt before your operation cut become compliant. Again this compliance must occur before October 13 of this Karin'°'"' year. After that date enforcement and oversight duties have been given to the various local Boards of e Health. The'have the authority to act in a manner they deem appropriate.up to and including closing your ARM.AMM operation. The Department of Public Health has granted some exemptions. These ins � ctwrtr..uu1'wp;na yTempotary Food establishments operated by non-profit organizations t' Daycare centers serving only snacks A at.dn�rtn. YEstablishnaents Serving one pre•ptackagod and non-ha�urdous limited preparation foods XMIME ;,,Satellite feeding sites having received meals prepared by commissaries for immediate service E•dnp.'dta" Due to the large number of Farm Bureau members HACCP will affect Firm Bureau is offering a series of regional educational seminars to our members. The seminars will be designed to give you the knowledge you need to better prepare yourself for the October 13" sunset date. The presentations ia%t been designed N'a)er sent as 10 allow time for an open forum of question and answer to better aide you in deciding how these 460=&AAM regulations will effect your operation. na„dAramr Meeting Data will all be held from 5:00 to 9:00 PM: .4 lot tanrar 4,*June 25u'at the Whittier Vocational Technical High School in Haverhill Chnsrt�'a '*June 2&at the Norfolk County Agricultural High School in Walpole RMttProcaw 4-June 27"at the Springfield Technical Community College in Springfield Space is limited at each of these meeting venues so please make plans to be there early. Please call of c-mail (sudFr4massfarmbureau) the Ashland office to let us know which meeting you'll be attending, so w e can Caanrkrldrtusw plan space accordingly, and provide you with more detailed locations and directions. 'At time of press newIM P. facility was tentative so please confirm when you call us. Anja" &&say`" Din~ In addition two certification classes will be held in collaboration with Massachusetts Association of ROHM K Hag Roadside Stands, Cooperative Extension, and Farmers Market Federation of Massachusetts at sites and obMw ohne N/-RdMIA- times to be annouetced. These classes will be all day events, consisting of training followed by the J«..t�� AVMW#/r..wr certification tea. There is a fee yet to be determined took for more information in upcoming New% R r ow"W Asia)au Mews. Derma Cantos CM Print K"y Rryn" Informational Meetings For Food Protestor Test Plat 1 insidp Farm Bureau News Pages 2-3 Pads 4 �rao• ?on"Classifieds JUN-11-2001 01 :51 PM SMOLAK FARMS 978 688 8058 P. 01 F x Tr n ion . : .. ........ ........... ........... ... ........... .. ........... Date: 6 Smoiak Farms To: 315 So. Bradford St. �vG►�� , North Andover, MA 01845 Fax Number: t - r0'y� From: MICA& '� Smolak Farms Our Phone: (978) 688-8058 Our Fax: (978) 688-8058 No. of pages including cover page: 6� #e *K 4012^ 4d1fa;(- Arco C•/`�. C/D//'r lr> C / y Please call N you experience any transmission problems.