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HomeMy WebLinkAboutMiscellaneous - 47 STONINGTON STREET 4/30/2018 �� 47 STONINGTON STREET 1 210/019.0-0043-0000.0 �` 1 i f ----- 47 STONINGTON STREET 019..0-0043 . :: . Complaint Detail R epo�t Printed 0& Tlrrr Feb 27,2014 . . .. .. - ':"'�'S.�'«.:<.M'"K Y... �„`4 W;w%r' fir: ,v r'4'�as,- ..._Le ; '�„iY✓'S-;`. Rf*�.':.,.Y - ;... ,� �x y,;�,.:.... Com lam't#: CT-20:1°4-000040 Status: Closed GIS# s7p18R a "'� . :Yt6lator .r. ..:. .. ,;a,..r-w,G�:.A+c�.�.;,.: k3e�}..�c:'Sc.}i.,.k,�`c'.+.:a.,+:.+�+,• .:G�.•c:.�x ".t,.,.....w,.,.,,.. 'ac..as:a. "a�cr...,..;..<?:,1..,.'':.n:€w•:..x �`.v' �.c' 4'S•. ,.�.,wc'�a;�^c.:cr.'�eZx..:.:�aew :��.. .. .. :''" T�x53ro° 'z".� •t u x %<`�s. .n x'� . r>;u<- Address. .l 47 STONINGT(ON$SxTREB�TS��y� � �� y) Ma � 0 9Y0� :. " ' .�[.,a r .:'w: - -:.S:.acM:YYYGYSK�C.N��x�k.�c -K' `n.�X...3'�CT.:.i.:i>4Fs.K n.N..' ✓.% 'xX`.:f9 �S.�itSf�?�}���x1�Z%��%�•✓�.�.+�.� �.t^ "l Y��K�J:: 4 �6' .• � .. -:'�... '":�?'Scr,cs `: <;..�t-4- �>.>�,r.x;<. :. � . ' •+��Ty�`x bh`ai'.ds`.:'•, < ':.,'+. 'c�:w�:. ..�.......n, ...<,*_e�. y,�, rLr:..-. x ?. „��Y .moi::.,-,Y ,c - ___ ;22 ' :: l ' 043 x" - G. Date Redd.,. Feb 1;8.20.1..4 TtmetRecd 09 AM Bock 0 - r r't e'.5. ±'. •tw':c N'5�,� 4e 'a`'4: '�Fk.y.'SYa a .. _.;__. r, cxx _ t '�`x".•���.l�X• 'v' '4s� 'ee'�. Cate or Sewa a Lo T e _- �:•:.wkn>g.�x.Y � ..xx�<,�x g< . .. . . ..� � `"��•.:,Hwn��.�..�:�.,YP ,.x�: � ,.��,�}�� � <�.�• � .. .. MOR rr.-„� y5.:,..: :R+. y, ^.. �... ,c, r •\ < `e Y':J"f:,� . r -y: x. 4*fir, x x rFx nix GeoTMS Module Board of Health ark Dtstrtct t ,Trade.,�� x .. ti ,. rz2�:,?4"5?x<."£l}ggc:. "r.Ke4 vr,.xr�y.�xdeSe ,.xs' ,�.- - p.4'.e" 7: t',.Y'r ,C.°�• �2.xe`.: r"�:r c caX"'"i' 4ti� �c n< x"2t iv'ti-"": .. = RecordetlxB Lasa Blackburn'. ' � " � s� �� �;�� ,Zoritn .: ., .1.. .. > •{ y - W.1111 : .,t , :- - h v�.?;t". •yc'"*r. �:c e;^,, Yy -4`fi ,". *c .2.c.., k"43„ 5 �s ;ti�x '4.; DeSCCIn t� e ,�. ,rte x a S e .. ..- r fix. 5 vvxc, .v r,<--.�• fi. « ,,.' vx i. .�.'C .'_,<;. ;? _; r�� „yA. :x; a. t.,.�` �.z. .sr: .�. :`4�.`�P .. .. .. ry.�k.. ,•.:;:- "::e5:..:..i',i;`-'',xi ,.'Se:fY,S�" 3.::-^,.')F' Se3ftil':':iex`.'92�'X.Crs:'S::'K;<� +...:....x}..:A.,.`.'k3'asku^c4..�x:xs�.:..--s.. ss :`.•-'':'.�^.z.. .. x .-.:.•..5+'.- c..'� i.nvi: Recervedlacallsfrom�Thomas P.anniello=regardm aewerbackup into.:hisbasementSusan;S.awyercontacted'Tim<Wrllett:from DP.W and;then;called Mn;;Panmeland Complaint. _x .: :g „ h ., uuh> a : .. .. .. 4... ,...".,.v..r s5?r •..'Y"'e-.-`4;5"4`f<.. w "'-?t ". 'rSK�fx:.'r-�.g Ve r w.}:-�.xe,,v:`�x�., �'�`'2�ey a.e 2.x7; '+e�t•<p.,•y.:� y� •,..x advised4hrm,.onsanrtahon,concernsRecommended ro er cleamn Also recommended MrPanniello to call Adele Johrisori at the Town Ivlanagefs Officeregardmg �. .. g� xs xM „ ..; a x: _anmsurance claim:'On 2/27/+1t4Mr��'Panmello aveythe,Health�De artmentco ies of lettershe sent�to pP.Wsands�Town}Hall alon `;with.a.bill for a°camera rnspechon'� M1„r, AM,a erv"Co cl ae nn b�llThisirtformaUonwill be'ke t;on=file.• .. x v. c �... x x wl: `E `4� _ Y F � ;s ?5.'4"k c ' ""•?s-'s�e.ri'F3' S'''ri a4'4r.�ry K'v-ir"!:, .Ll .w..h N ti Sus°an 3a er Ins ector,Ass� ned to Com latnt• , wy�x� �* ��� x�� k; � `::.�; �. �'�v.���.?.:�. .. .�,.x..�.�,�...:.�. Contacts Contact Type Date Time Name Phone Best:Time To ReachReeorded By Response Caller Feb-18-20{4 : 9:22 AM: Thomas Panniello (978)683-6966 Q Lisa Blackburn Follow=[Jp by Health: Director Actions Taken GeoTMS Module Status Date'• Time' Response Type ." Action.Taken . Comments Board of Health:. REFERRAL. GeoTMS®2014 Des Lauriers Municipal Solutions, Inc. Page 1pf 1 TOWN OF NORTH ANDOVER. DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER,MASSACHUSETTS 01845-2909 BRUCE D.THIBODEAU,P.E. DIRECTOR. ' Telephone(978)685-0950 Fax(978)688-9573 March 3,2014 Thomas E. Panniello 47 Stonington Street North Andover,MA 01845 i RE: Sewer Blockage—Stonington Street Dear Mr. Panniello, I have received your letter dated February 28, 2014,concerning the above blockage. Unfortunately from time to time blockages occur in the collection system that is beyond anyone's control. When this happens we do the best we can to remove the blockage and assist the homeowner,which is what occurred earlier last month at your home.At this point if there were potential damages caused by the blockage the owner will file a claim with the Town's insurance agency through the Town Manager's Office. I understand that you have done this. I am in agreement with Mr. Willett's assessment as to the repair of the sag in the sewer connection pipe from your building to the Town's sewer main. Neither the blockage on Stonington Street nor the s Town's work to relieve the blockage could have caused the sag in your sewer connection.pipe. You are incorrect in the information you stated in your letter that the Town is responsible for the sewer connection. It is this Town's policy as well as most if not all municipalities in Massachusetts that it is. the responsibility of the property oy ner to repair and maintain the sewer connection from the building to the Municipalities sewer pipe in the street.It is difficult to say if the sag is causing back up problems into your basement or exacerbated any potential damage from the blockage;but certainly now that you know about it you should resolve the issue. 1 Very tru urs, Bruce D.Thibodeau,P.E. Director CC: Timothy Willett,DPW f Adele Johnson,Town Manager's Office Susan Sawyer,Health Department i Thomas E. Panniello Carol M. Panniello 47 Stonington Street North Andover, MA 01845 Telephone(978) 683-6966 February 26, 2014 Bruce D. Thibodeau, P.E., Director Town of North Andover Division of Public Works 384 Osgood Street North Andover, MA 01845 Re: Sewer Blockage - Stonington Street, North Andover February 15"through February 17, 2014 Dear Mr. Thibodeau: I am directing this letter to you to request a reconsideration to a response I received from your Operations Manager, Timothy Willett, iii his utter to me dated Febr�ja ,24,2014; a ropy of which is enclosed. I am also enclosing a copy of a letter that I sent to Adele Johnson in the Town Manager's Office dated February 23, 2014, which details the problems my wife and I had with sewer water that leaked into our basement which was caused by a sewerage blockage in the town's pipes that were located halfway up Stonington Street between February 15`h and February 17, 2014. I have also enclosed an inspection report from Maffei Sudden Service, and copy of a cleanup estimate from ServPro, both of which have been submitted to the Town Manager's Office. In getting back to Mr. Willett's letter, his opinion is based on inaccurate information. I never indicated that the problem was caused by a jet truck. I placed a call on Monday, February 17"to the town, and a truck was dispatched and the blockage was cleared by the workers. I also do not agree with his explanation that the maintenance responsibility of our sewer line runs from our house all the way to where it meets the town's main line in the middle of Stonington Street. When I spoke to the Town Manager's Office, I was told that our responsibility is 25 feet from the foundation, which would end at the front curb; after that, it's the town's responsibility. i i u 41 Page Two Bruce D. Thibodeau, P.E., Director February 26, 2014 As you can see from the inspection report on page one, it indicates that the line is backpitched/bellied from 25 to 40 feet outside the foundation; on page two, it indicates that 15 feet of cast iron sewer pipe needs to be replaced outside of the foundation. In other words, 15 feet of pipe needs to be replaced beginning at 25 to 40 feet from our foundation, which, again, is on the town's property. I would ask that you please read the enclosed letters, report and estimate and reconsider your position as I feel the responsibility of this problem lies with the town. My wife and I have been living on Stonington Street for five years and pay over $4000 a year in real estate taxes; we've never had a problem like this before and we certainly hope to never have another one like this in the future. Again, I'd like to restate that the sewerage blockage was halfway up Stonington Street, and quite a distance away from my house, which caused the sewer water to leak into our basement, which continued throughout the weekend of February 15`h to February 17th. If you have any questions or need further information, please do not hesitate to contact li me. Thank you for your courtesy and consideration. I look forward to hearing from you. Sincerely yours, Thomas E. Panniello TEP/cmp Enclosures cc: Timothy J. Willett, Operations Manager Adele J. Johnson, Executive Assistant Town Manager's Office San Sawyer, Director ealth Department TOWN 01NORTH ,,0DOVER DIVISION 01" PUBLIC WORKS I OSGOO ­R E FT 384 D S1 NORTH ANDOVER. MASSACHUSF-FTS 01545-2909 13Rt-JU D. IIHRODI.-AIJ. P.F. Thnolh v./. IVillell Telephom., (9`8) 6"'5­0)50 Operations Allanct�er • FOx 1`978; 6,M­9573 February 24, 2014 Mr. Thomas Panniello 47 Stonington Street North Andover, MA 10845 RE: Sewer Back-up Dear Mr. Panniello: I have reviewed the report of the video inspection on your sewer line. The report states the line is sagged and pi'tched backwards for a length of about 15 feet. In my opinion, this problem was not caused by our jet truck which freed up a blockage on February 16. Please keep in mind the maintenance responsibility of your sewer line runs from your house all the way to where it meets the Town's main line in the middle of Stonington Street. Nevertheless, if you feel you have suffered damages you may file a claim through the Town Manager's office at 120 Main Street. Ask for Adele Johnson. Very truly yours, Timothy J. Willett Operations Manager CC: Bruce Thibodeau Thomas E. Panniello Carol M. Panniello 47 Stonington Street ' North Andover, MA 01845 . ; Telephone 978 683-6966 p ( ) February 23, 2014 Adele J. Johnson, Executive Assistant Town Manager's Office 120 Main Street North Andover, MA 01845 Re: Sewer Blockage - Stonington Street, North Andover Dear Ms. Johnson: Per your request, I am writing this letter concerning a sewer blockage on Stonington Street that began on Saturday, February 15, 2014, which flooded part of my basement. As I told you over the phone, my wife and I used pumps throughout the weekend to keep the leaking under control, but by Monday afternoon, February 17", our basement sinks began to fill with sewer water, along with some pipes in the walls which began to leak, so we contacted the Water and Sewer Department, who came down and found a sewerage blockage in the pipes located halfway up the street. They cleared the blockage and the water finally stopped coming in through our foundation.. On Thursday, February 20`h, we had an inspection done by Maffei Sudden Service, a copy of which I have enclosed. I have also given a copy of this report to Tim Willett at the Water and Sewer Department. On Friday, February 21", we had Servpro give us a cleanup estimate, a copy of which is also enclosed. If you have any questions or need further information, please do not hesitate to contact me. We are hoping that this matter can be resolved as soon as possible. Thank you for your courtesy and cooperation. Sincerely yours, Thomas E. Panniello TEP/cmp Enclosures i INVOICE #: 3 91,-3 4 DATE: DS #: SUDDEN SERVICE CUSTOMER NAME(financially Responsibl Party) CALLER NAME JOB CONTACT NAME Plumbing•Heating STATE ZIP Air Conditioning JOB ADDRESS CITY 183 Haverhill St Rowley, MA 01969 PHI PH2 www.maffeiservices.com BILLING ADDRESS(If Different) Tel:978-432-1128 EMAIL ADDRESS SERVICE PLAN MAFFEI PLUMBING AND HEATING LLC LIC#3451C MEMBER? [01 Yes [Ell NO ORIGINAL REASON FOR THE CALL: C BJP 1 &clen@ " �c K �fr�Js�?l�,fr-� �.`/r t�.ws�t' �s�.� l.f,✓�] .��j''L`Y✓c �-�� ' SUMMARY: ' tr_�C . w - r ^j ? r See Summary of Findings sheet 15 (S„r� i J�i' �� e - "res' �J! s El additional information WORK AUTHORIZATION: I,the undersigned,am owner/authorized representativeftenant of the premises at which the work above is being done.I hereby authorize you to For your peace of mind, perform the above recommendation,and to use such labor and materials as you deem advisable.Unless prior authorization for billing,payment for all work done is due upon should the repair amount completion(C.O.D.).A$10.00 BILLING CHARGE is due thereafter.An office billing charge and/or finance charge of 1.5%per month(18%per annum)will be added after 10 days past exceed 25%of your system's replacement value,our due.I agree to pay reasonable attorneys fees,court costs and collection fees in the event of.legal action.I have read phi ntract,including the terms and conditions on the reverse technician is required to side hereof and agree to be bo b all the to ms contained herein.All old parts v6,i I be remo-Ved from pr i and discarded,unless otheryasespecified herein. inform you of options for I HEREBY AUTHORIZE YOU y- j; /✓' both repairing and replacing TO PROCEED WITH THE ABOVE = •— �?' ' Print Name: . } i/`✓ f,L; f, {v 4he equipment. WORK AT THE UPFRONT FEE OF S Si nature: Qty Task# Description Rate r � Service Call Charge Service Plan Membership DISCOUNT ❑ Pre-Approved Financing Terms: ❑ Please pay from this invoice-Work performed C.O.D. SUBTOTAL PAYMENT 1 Cash❑ Check❑ Check#: 01hoto TAX G� MC❑ Visa❑ Disc❑ AmEx❑ Auth #: 7PIan e Technician presented me with a Service Card#: Exp: ❑ ❑ gram and explained the benefits TOTAL COST Initial ONE PAYMENT 2 Cash❑ Check❑ Check#: o save money and SERVICE PLAN SAV IN GS become a Service Plan Member MC❑ Visa❑ Disc❑ AmEx❑ Auth #: or Card#: Exp: ❑ At this time I decline the offer - ACCEPTANCE OF WORK PERFORMED:I acknowledge satisfactory completion of SERVICE TECHNICIAN ACKNOWLEDGEMENT CUSTOMER SERVICE IS OUR#1 FOCUS the above described work and that the premises has been left in satisfactory condition.I Prior to the customer entering into the contract,I have understand that if my check does not clear.I am liable for the check and any charges from the discussed the nature of the service and cost and I have If you are not completely satisfied for bank.I agree to pay 1.5%per month for past due contracts(minimum charge f 15).In the given a copy of the contract to the customer.All work I any reason,please call and ask to speak event that collection efforts are initiated against me,I shall pay for all associated fees at the have done has been in compliance with company with the Customer Service Manager. posted rates as well asf II cost of,collection fees and reasonable attbr6ef fees.I agree that the standards in a workmanship manner,to building codes amount set ort space"marked"TQTAL COST"is to �ce I have agreed to. when applicable. ;�? Your feedback is very important to us. (f s � . �. `- SIGNATSIGNATURE +tea yr'h` THANK YOU FOR CHOOSING US FOR U YOUR SERVICE NEEDS! I decline to have the recommended work performed at this time. SIGNATURE DATE DS# SUDDEN SERVICE Plumbing•Heating Air Conditioning Customer: f �r1r%r' '�� ✓ 183 Haverhill St Rowley, MA 01969 Date: / www.maffeiservices.com Tel:978-432-1128 Observations ��.. � r�Cr1 je", '�-�'et a�J t j'i�t'✓�' _._ '} l' ;'f 7P ' 6),,/1t Findings i MAFFEI PLUMBING AND HEATING LLC LIC #3451C j SERVPRO of Lowell File S �CbonepEPr:omor' 9 West Adams St Suite#3 Lowell,MA 01851 978-454-7577(0)978-455-1943 (F) Tax ID#273673699 sp9902@servprooflowell.com Client: Panniello,Tom Cellular: (978)683-6966 Property: 47 Stonington St. North Andover,MA 0 1845-3 619 Operator Info: Operator: SPLOWELL Estimator: Eric West Business: (978)995-1292 Type of Estimate: Sewage Date Entered: 2/22/2014 Date Assigned: Price List: MAEM7X FEB 14 Labor Efficiency: Restoration/Service/Remodel Estimate: 2014-02-22-1050 Servpro was asked to provide an estimate for the sewer backup that occurred at the above address.Sewerage was seeping into unfinished portion of basement from the sewer drain entering home.Customer had pumped gray water from clean out pit to sump pump hole..Standing water in these two areas.Affected was a portion of the concrete floor in the utility room.It is recommended that any porous contents be disposed of. The following is an estimate for the moving of contents from affected room.Pretreat concrete floor,and two pit areas.Servpro will pressure wash concrete floor,extract,disinfect concrete floor after extraction.Extract,disinfect the two pit areas.Customer will use their dehumidifier,for the dry down. SERVPRO of Lowell fie BWaty Cleuwod 2e;.o.aia. 9 West Adams St Suite#3 Lowell,MA 01851 978-454-7577(0)978-455-1943(F) Tax ID#273673699 sp9902@servprooflowell.com 2014-02-22-1050 Main Level Main Level DESCRIPTION QNTY 2. Content Manipulation charge-per hour 3.00 HR Move contents from roan. 1. Apply plant-based anti-microbial agent 377.44 SF Pretreat concrete floor. 3. Clean the floor with pressure steam 377.44 SF 4. Water extraction from hard surface floor 377.44 SF 5. Apply plant-based anti-microbial agent 377.44 SF Grand Total 617.54 1 Eric West Grand Total Areas: 560.00 SF Walls 377.44 SF Ceiling 937.44 SF Walls and Ceiling 377.44 SF Floor 41.94 SY Flooring 80.00 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 80.00 LF Ceil.Perimeter 377.44 Floor Area 404.55 Total Area 560.00 Interior Wall Area 661.33 Exterior Wall Area 82.67 Exterior Perimeter of Walls 0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length 0.00 Total Hip Length 2014-02-22-1050 2/22/2014 Page:2 I Main Level 25 5' 2s 5' utAty Room - ;J i .� Mafn level 2014-02-22-1050 2/22/2014 Page:3 i j I own of North AndoveraQt�o of a��o Office ®f the Building Department 3 6.�r ��:• Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 9ssacHu5�4 D. Robert Nicetta Telephone(978) 688-954. Buildin Co nnissioner Fax (978)688-9542" Dber 22, 2003 Mr. &Mrs. John Cahill 39 Stonington Street I� North Andover,MA 01845 i RE: Benjamin Horn Complaint Vs John&Pam Cahill Dear Mr. Cahill: Enclosed for your review is the complaint of Benjamin Hom concerning three(3)unregistered vehicles in your yard. Inspection of this date indicated the presence of two(2)unregistered vehicles. Pursuant to Chapterl 75-1 of the Code of North Andover By-laws, "No person shall accumulate, . keep, store,part,place repair, deposit, or permit to remain upon the premises owned by him or under his control more than one 1 dismantled,unserviceable or ( ) ed, ,dunked, abandoned motor vehicle unless he is licensed to do so under the General Laws or unless he has received written permission to do so from the Board of Selectmen after a hearing. Written permission may only be granted by said Board.on condition that the owner agrees to screen the permitted vehicle or vehicles from view from neighboring land,ways,or public highways for breach of which agreement said permission shall be revoked". I During our conversation of Friday,December 19`h it was indicated that the remaining two vehicles would be removed from the site the week of December 21"and not later than the week of December 28, 2003. I would like to thank you for your cooperation to remove the two(2)remaining.vehicles from your property. Yours truly, D. Robert Nicetta Building Inspector& Zoning Enforcement Officer i CC: Mr. Benjamin Horn Heidi Griffin,Director CD8-,S BOARD OF APPEALS 688-9541 BUILDING 688-9545 CGNSERVA'MN 688-9530 HEALTH 688-9540 PL ANTITING 688-9535 t%ORTp of"101e I6q�0 RECEIVED Telephone (978) 688-9: DEC 12 200 ��S�c►aus`�h FAX (978) 688-91- BUILDING 88-9:BUILDING DEPT. TOWN OF NORTH ANDOVER OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street COMPLAINT FOR INVESTIGATION DATE : FROM: J ADDRESS: 7 ® Tel Complaint Against: 3 S� �- ELECTRICAL: PLUMBING: GAS: BUILDING CONTRACTOR: i 3 PROPERTY OWNER OTHER: � ?✓ � � ,� 7� -,3� Signed: ) . i Chapter 175 VEHICLES, STORAGE OF [HISTORY: Adopted by the Town of North Andover as Chapter 6, Section 6.3 of the General Bylaws. Amendments noted where applicable.] § 175-1 Restricted Activity § 175-2 Exceptions § 175-3 Violations and Penalties § 1754 Restricted Activity. No person shall accumulate, keep, store, part, place, repair, deposit, or permit to remain upon premises owned by him or under his control, more than one (1) unregistered vehicle or any dismantled, unserviceable, junked or abandoned motor vehicle unless he is licensed to do so under the General Laws or unless he has received written permission to do so from the Board of Selectmen after a hearing. Written permission may only be granted by said Board on condition that the owner agrees to screen the permitted vehicle or vehicles from view from neighboring land, ways or public highways for breach of which agreement said permission shall be revoked. § 175-2, tions. This chapter shall not apply to agricultural vehicles in use on an operating farm. 175-3 Violations and Penalties. Whoever violates or continues to violate this chapter after having been notified of such violation shall be punished by a fine of fifty dollars ($50.) Each week during which such violation is permitted to continue shall be deemed to be a separate offense. 4-7 --------------- Z t-zp LA c PWS C� UO CP , Q C C4 Postal � CERTIFIED MAIL. RECEIPT - N r-3 (Domestic r For delivery information visit our website at vr".usps.comer- O Postage $ M Certified Fee O C3 Return Reciept�Fee P Here (Endorsement Required) O Restricted Delivery Fee r1 (Endorsement Requin3d) O 'i Total Postage&Fees M p Sent To M .� N�1N /r orclt-� --.R_.. - - ------------- •- r" $treeG Apt.No.; orPOBoxNo. - --------- .._._..._._. __�. .._._.. City State,ZIR+4 PS Form 3800 ji—qnnq q.. No.f1 N�oV�7L ft o 8 S Certified Mail Provides: ■ A mailing receipt (asianay)appaeunir'oose Wood Sd ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. 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Internet access to delivery information is not available on mail addressed'to APOs and FPOs. Y t 1 f 1 DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 January 26, 2004 I Mr. D. Robert Nicetta Building Commissioner and Zoning Enforcement Officer Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Mr. Benjamin Horn 47 Stonington Street North Andover, MA 01845 Dear Mr. Nicetta: Concerning the above captioned individual, please be advised that I represent Mr. Horn regarding your Cease and Desist Order to my client for operating a small engine repair facility in a Residential (R-4) district. As of Saturday, December 13, 2003, all operations related to small engine repair, etc. by Mr. Horn at his 47 Stonington Street, North Andover, MA residence has completely ceased. All equipment belonging-to customers was taken off the site and returned to them. The garage was posted with a sign stating that no repairs are being done at this location (see photocopy of sign). The van used by my client has been removed from the premises. All surplus equipment outside, as well as inside, the garage has been removed (see photos enclosed). Mr. Horn is doing no repair work for customers at this location. This should terminate any further action by the Town against Mr. Horn. If you have any questions regarding this matter please contact me. Very truly yours, U Domenic . Scalise DJS/cm. .- cc: Mr. Benjamin Horn : RECEIVED JAN 2 7 2003 BUILDING DEPT. - a 3 r X41 a P �aradaq m f+nS�F FiJyy� f"f�Li'!f'rs- i✓�CS Sia,�9�� ��"TL1r+h ?<'1_,3.,, r "'� '�i ,a n t f 4b F4 �` + .e. 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TIME IN TIME DUE FILM TYPE: ❑ KODAK ❑ FUJI ❑AGFA ❑ KONICA ❑3M ❑OTHER ASA: [1-100 ❑200 ❑400 ❑800 ❑OTHER. 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SECTIONSENDER: COMPLETE THIS SECTION COMPLETE THIS ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent X ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. g.. ecelved b nnted Name) C. Date of Delivery ■ Attach this card to the back of the mailpie� 'n or on the front if space permits. CD b.,--'Is delivery address different from Rem 19 11 Yes J� 1. Article Addressed to: M 11Z E3,enter delivery address below: ❑No COY) bw >.,, 3. Service Type a'l A" P eertified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number Y a (Transfer from servlG 7003 1010 0001 0781 7174 PS Form 3811,August 2001 Domestic.Return Receipt 102595-02-M-1540 w � 1 November 21,2003 Mr.Benjamin Horn 47 Stonington Street North.Andover,MA 01845 RE: Zoning Violation Residential-4(R-4)District 47 Stonington Street Map-019,Parcel-0043 Dear Mr.Horn: A complaint has been made that you are operating a small engine,snow blower,lawn mower,and etc. repair facility in your garage that is located in the referenced location. • An investigation by the Building Commissioner/Zoning Enforcement Officer on November 17th and the evening of November 18,2003 indicated that this is a true complaint. The November 1.7t'investigation revealed approximately(30)thirty small engine-pieces of equipment in the rear and side of the garage located at 47 Stonington Street,with more awaiting repair in the garage. • The Building Commissioner,met with Mr.Horn at approximately 6:30 PM on November 18, 2003. At that time the Commissioner observed a person delivering a small engine lawn mower for repair. Mr.Horn was advised that this type of business was not allowed in the R-4 District. It was at this time that Mr.Horn stated that he owned all the equipment. • The investigation also revealed an unregistered Commercial Van Type Vehicle parked on the property driveway. Pursuant to Section 8.1—Off Street Parking—"the parking of Commercial Vehicles in excess of one ton must be garaged or screened from view of residential uses within(300)three hundred feet". You are required to cease and desist the above operations with(30)thirty days of receipt of this order. Pursuant to Section 10.13 of the North Andover Zoning By-law`whoever continues to violate the provisions of this By-law after written notice from the Building Inspector demanding an abatement of a zoning violation within a reasonable time,shall be subject to a fine of($300.00)three hundred dollars. Each day that such violation continues shall be considered a separate offense". Pursuant to Section 10.4 of the North Andover Zoning By-law you may aggrieve this decision within(30) thirty days to the North Andover Zoning Board of Appeals. Yours truly, D.Robert Nicetta Building Commissioner/Zoning Officer CERTIFIED MAIL: 7003 1010 0001 0781 7174 i (2) CC: Mr. John Cahill Raymond T. Santilli Assistant Town Manager Heidi Griffin Director Community Development&Services i . 1 F. .f i. 4 err, r �r" • (,.-.. P•R�-.�sfP _ ,I.L•, Wal a . . `•� �y1 �``--may •k �•• > p �`- � „�... .� �, y r t ,,,, xis � •i" � l.' ' ;,� "l,%�t. •y �� - ��� � �. CIS :t _ 1f --.._ - +. r,- .1`t PPP f•Jit! f� - l � �r.'R 7Y'+y, .!�', J' Y yp rw.41.:1 R 3- If -..a s a`r I t�k '•i' s rff ih'� 1.�`�'rk��,�3,. 7. i %-A • 51 -cl • I y� �! r ' ,,.._ ` l�'�I ��� ,i .t' ri' t •R _...d``_�tr•w•, rl,���I r. 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'' S• .�� Orly ",r; �ks'�, I ' yO f. rOP jti; •,O, A F4 tv 00 eo It yl }`,R} 1 Ce..�r" sem` 1 i Nicetta, Robert From: Santilli, Ray Sent: Wednesday, November 12, 2003 8:11 AM To: Nicetta; Robert Cc: Griffin, Heidi Subject: Citizen Issue Mr. John Cahill of 39 Stonington Street cites inaction on the part of the Building Department regarding numerous complaints he has made regarding an engine repair business being operated in the home of his neighbor at 47 Stonington Street. Mr. Cahill has submitted a number of correspondence to the Building Department and has received two responses but with no results. • April 25, 1994 Mr. Cahill filed official complaint for investigation on Community Development form • September 17, 2001 -letter of complaint from Mr. Cahill to Building Department • October 25, 2001 -letter of complaint from Mr. Cahill to Building Department • April 22, 2002-letter of complaint from Mr. Cahill to Building Department • April 22,2002-letter from Michael McGuire to residents of 47 Stonington Stream • May 6, 2002-letter of complaint from Mr. Cahill to Building Department • July 17,2002-letter from Michael McGuire to Mr. Cahill assuring him that his complaint has been addressed • July 23; 2002-response from Mr. Cahill to Michael McGuire with continued complaints about the issue • November 5,2003 letter of complaint from Mr. Cahill to Building Department Please contact Mr. Cahill and investigate this issue. Mr. Cahill can be reached at 978-683-3834. Please keep me updated as to your progress. Thanks. SwdM Assistant Town Manager $r Human Ttesouwes DirectnT wt VA 0 £o- V-- 10 c( CG �S/ 0� � f A Date: April 22, 2002 Subject: Zoning by-laws Complaint for Investigation THIRD REQUEST To: Town of North Andover/Building Department RE: 47 Stonington Street The previously reported engine repair business continues unabated at the present time. Attached to this third requefet please find copies of the previous reports that describe the specific act` Yesterdayour Sunda was disturbed nd Y f operation of small engine noise that lasted i (e entire day existed with all activities of the busine;' es" mode. All day customers stopped for pure X. Yesterday, there were more than 25pieces of mocu�� in various stages of repair located on the premises. During the previous week, engine repair as well as grinding, sanding and welding noise took place every evening. Work also took place there last weekend consistent with all the previously reported information. At this time we still have no reason to believe that this business correctly operates from our defined residential area. Nor have we ever received a response to our previous reports or request. Therefore once again we ask that the matter be reviewed and that an assessment be accomplished to determine that such usage is correct for this residential area. hank You, a (CO J P. Cahill RECEIVED BUILDING DEPT. A Date: April 2-2, 2002 Subject: Zoning by-laws Complaint for Investigation �T'HIRD REOUEST� To: Town of North Andover/Building Department RE: 47 Stonington Street The previously reported engine repair business continues unabated at the present time. Attached to this third request, please find copies of the previous reports that describe the specific activity. Yesterday our Sunday was disturbed at 7:2OAM by the sound and operation of small engine noise that lasted until just before 9:PM. The entire day existed with all activities of the business in full "open for business" mode. All day customers stopped for purchases, pick up and drop off. Yesterday, there were more than 25 pieces of motorized equipment in various stages of repair located on the premises. During the previous week, engine repair as well as grinding, sanding and welding noise took place every evening. Work also took place there last weekend consistent with all the previously reported information. At this time we still have no reason to believe that this business correctly operates from our defined residential area. Nor have we ever received a response to our previous reports or request. Therefore once again we ask that the matter be reviewed and that an assessment be accomplished to determine that such usage is correct for this residential area. hank You, J P. Cahill CEIVE,D Atr, ?002 BUILDING DEPT, A TOWN OF NORTH ANDOVER NORYk Office of the Building Department 3ro44i'`eo``1"oL Community Development and Selirices 27 Charles Street Z « , j°dorth Andover Massachusetts 01845 ` «�:r�• �" A us D. Robert.Ni.cetta, Telephone(978)688-9545 Buildittg Cotn.ntrsstoner FAX(978)688-9542 April 22, 2002 Benjamin& Mary Horn 447_Stonington_Street � North Andover, MA 01845 Dear Mr. & Mrs. Horn: Please be advised that it has come to the attention of this department that a small engine repair business is being operating out of this location. Please be further advised that this type of business is not allowed in a residential district and that this activity must cease at once. Please contact me so that we may begin the process to rectify this in a timely manner. I may be reached between the hours of 8:30— 10:00 AM and 1:00—2:00 PM at 978-688-9545. Respectfully, Michael McGuire 'r ,� � � t)' o Local Building Inspector S 5 u � AO 10 C 4TI"Q Aq Y, 'i .,A '°°-- �_�' e� g �v e� ��fie'�`� � �o r ha-2'0 I'd � . n PO rtlt tcce / 1 1 1Vt �� I - T V ®C -( a S 'vv--t , Michael McGuire,Local Building Inspector James Deeola,Electrical Inspector James Dioai,Gas/Plumbing Inspector Planning Departmoit 688-9535 Conservation Dep:irtmait 688-9530 Flualth Department 688-9540 Z.,onuig Board of Appeals 688-9541 TOWN OF NORTH ANDOVER NoarN D�it�tD I�1�. Office of the Building Department a? 66,E �'.r0 °0 ` Community Development and Services A 27 Charles Street North Andover,Massachusetts 01845 + °�����• ^CNU�t D. Robert Nicetta, Telephone(978)648-9545 Buildttt-Commissioner FAX(978)68$-9542 April 22, 2002 Benjamin& Mary Horn 47 Stonington Street North Andover, MA 01845 Dear Mr. & Mrs. Horn: Please be advised that it has come to the attention of this department that a small engine repair business is being operating out of this location. Please be further advised that this type of business is not allowed in a residential district and that this activity must cease at once. Please contact me so that we may begin the process to rectify this in a timely manner. I may be reached between the hours of 8:30— 10:00 AM and 1:00—2:00 PM at 978-688-9545. Respectfully, Michael McGuire Local Building Inspector Michael McGuire,Local BuildingInspector James Decola,Electrical Inspector James Diozzi,Ga&Plumbing Inspector Phoning Departmait 688-9535 Conservation Depattmait 688-9530 Health Department 688-9540 7.,onhig Board of Appeals 688-9541 r i i Date: May 6, 2002 Subject: Zoning by-laws Complaint for Investigation To: Mr. Michael McGuire, Local Building Inspector Town of North Andover/Building Department RE: 47 Stonington Street This correspondence is regarding your letter dated April 22, 2002, addressed to Benjamin & Mary Horn, which directed them to cease their small engine repair business and further advised that such activity is not allowed in a residential district. I am reporting to you that since that date, your letter is being ignored. Their engine repair business continues to operate according to my previous letters. Saturday May 4, 2002 engine noise began at 7:2OAM and the last disturbance was heard at 8PM Sunday May 5, 2002. Since your letter there has been the usual activity of repair, noise, traffic, and customers as well as the proprietor accomplishing many pick-ups and drop offs(delivery service) of larger ride on equipment. Customers test operate the "for sale" ride on equipment up and down their driveway, and on the sidewalk in front of the premises. The repairer also operates the equipment in this manner, sometimes driving it around his home as test after repairs. A customer tested in this manner last evening at 7PM, made a purchase after which ramps were use to load the turf equipment onto the purchasers truck. At this time their business activity is similar to Granz Turf Depo located on North Broadway in Salem, NH. Would you please consider further action? Thank you, -CG I,. J P. Cahill RECEIVED MAY 6 2002 BUILDING DEPT. } 3 j TOWN OF NORTH ANDOW-,R AORTh Office of the Building Department o� e � �.�"°oA I Community Development and Services p 27 Charles Street North Andover,Massachusetts 41.845 } 4SSACHUS�� D. Robert Nicetta, Telephone(978)688-9545 Building Commissioner FAX(978)688-9542 July 17, 2002 Mr. Jack Cahill 37 Stonington Street North Andover, MA 01845 Dear Mr. Cahill: Please be aware that your complaint against 47 Stonington Street has been addressed and that Mr. & Mrs. Horn has been in contact with this department in regards to the alleged small engine repair operation. They have been informed that this activity is not allowed in a residential area and that they must stop. As of today's date we have not had any correspondence with them or yourself in regards to the illegal activity and wish to know if it has been discontinued. I may be reached between the hours of 8:30— 10:00 AM and 1:00—2 :00 PM at 978-688-9545 Respectfully, Michael McGuire Local Building Inspector i Date: July 23, 2002 Subject: Zoning by-laws Complaint for Investigation To: Mr. Michael McGuire, Local Building Inspector Town of North Andover/Building Department RE: 47 Stonington Street Thank you for your letter of July 17, 2002, which reported the status of our complaint. We have not contacted your office recently because when last we spoke telephonically in May, subsequent to my letter of May 6, 2002 you requested our patience. Last Thursday when I received your letter, I was about to write you again because we listened to operations the previous two evenings until after 9PM. Their illegal activity has not stopped. Last evening lights were turned off discontinuing business at exactly 9:44PM. Yesterday at 7:20AM Desmond Landscape came to retrieve equipment that had been repaired. There was also a customer "drop off' at 3:30PM yesterday. There is business as usual. Please initiate further action. T ank you, P Jo P. Cahill RECEIVED JUL 2 3.2002 BUILDING DEPT. Date: September 17, 2001 , Subject: Zoning by-laws Complaint for Investigation To: Town of North Andover/Building Department RE: 47 Stonington Street The family residence at the above-identified address is presently operating an engine repair business from buildings on the property address. Essential information and activity taking place includes all of the following: Engine/Motor repair of all types during all seasons of the year. (Lawnmowers and snowblowers etc.) Operating hours: generally each evening sometimes until after IOPM weekends both Sat/Sun for extended hours durinp�k-.` 1d evenings of those days. Constant noise of"start-up" and "open` 1 Business has one or more person suppo; dividuals that appear to be employees. _- _ . Business offers the service of"pick-up" and return" of large ride on equipment. (See trailer parked in yard) Motorists and automobile traffic generated from customer "drop off' and "pick-up" of equipment for service. Every weekend the front yard use of the property is "display"/"store front" for 5-10 pieces of repaired-refurbished equipment for sale". Noise from this business is also generated from bench grinders and compressor/air hammer tools. The business makes full use of a welding torch. The business has also been observed to store and use fuel andRECEIVED 2 1002 BUILDING DEPT. Date: September 17, 2001 Subject: Zoning by-laws Complaint for Investigation To: Town of North Andover/Building Department RE: 47 Stonington Street The family residence at the above-identified address is presently operating an engine repair business from buildings on the property address. Essential information and activity taking place includes all of the following: Engine/Motor repair of all types during all seasons of the year. (Lawnmowers and snowblowers etc.) Operating hours: generally each evening sometimes until after IOPM, weekends both Sat/Sun for extended hours during both days and evenings of those days. Constant noise of"start-up" and "operating" of motors. Business has one or more person support; a family member and individuals that appear to be employees. Business offers the service of"pick-up" and "return" of large ride on equipment. (See trailer parked in yard) Motorists and automobile traffic generated from customer "drop off' and "pick-up" of equipment for service. Every weekend the front yard use of the property is "display"/"store front" for 5-10 pieces of repaired-refurbished equipment "for sale". Noise from this business is also generated from bench grinders and compressor/air hammer tools. The business makes full use of a welding torch. The business has also been observed to store and use fuel andECEIVE® h; W 2 ?002 BUILDING DEPT. i Date: October 25, 2001 Subject: Zoning by-laws Complaint for Investigation-Second Request To: Town of North Andover/Building Department RE: 47 Stonington Street At 5:45PM today the living quarters of our home at 39 Stonington St became filled with the concentrated smell of engine exhaust, oil and gas from the continuous operation of a snowblower being repaired at the business being conducted at 47 Stonington St. Work thereat continued until nearly 9PM. This evening was the fourth night this week that this business has operated until 9PM +/-each night. Last Sunda October 21 2001 at 6PM our family ate dinner to the Y> Y sound and smell of snowblower engines being repaired. This same disturbance existed during our Sunday dinner of October 14, 2001. Recently, the business activity has been particularity offensive due to the loud sound and smell from not only snowblower exhaust but also the repair of leaf blowing equipment. This past weekend, as is usual each weekend day, the next door residence front yard was a "store front display" for three(3) ride on tractors, one(1) commercial deck mower, four(4) residential lawnmowers and two(2) snowblowers all being marketed "for sale". Noise on these mornings commences at approximately 7AM when the equipment is started and operated from the garage to the front yard for display. As you are aware, this reporter made a complaint for investigation about this business on September 17, 2001. Since then, the business has operated continuously during evening and weekend hours. Additionally, . incidents of operation have been made matters of record with the North Andover Police Department.(They were furnished a copy of the September 17, 2001 complaint.) To date we have no reason to believe that this business operates in compliance with zoning by-laws. Could this matter please be reviewed against existing regulations? Furthermore may we please be advised of the analysis? Th you [� {� D OCT 2 6 2001 BUILDING DEPT. y Date: September 17, 2001 Subject: Zoning by-laws Complaint for Investigation To: Town of North Andover/Building Department RE: 47 Stonington Street The family residence at the above-identified address is presently operating an engine repair business from buildings'on the property address. Essential information and activity taking place includes all of the following: Engine/Motor repair of all types during all seasons of the year. (Lawnmowers and snowblowers etc.) Operating hours: generally each evening sometimes until after IOPM, weekends both Sat/Sun for extended hours during both days and evenings of those days. Constant noise of"start-up" and "operating" of motors. Business has one or more person support; a family member and individuals that appear to be employees. Business offers the service of"pick-up" and "return" of large ride on equipment. (See trailer parked in yard) Motorists and automobile traffic generated from customer "drop off' and "pick-up" of equipment for service. Every weekend the front yard use of the property is "display"/"store front" for 5-10 pieces of repaired-refurbished equipment "for sale". Noise from this business is also generated from bench grinders and compressor/air hammer tools. The business makes full use of a welding torch. The business has also been observed to store and use fuel and oil. rtDate: October 25, 2001 Subject: Zoning by-laws Complaint for Investigation-Second Request To: Town of North Andover/Building Department RE: 47 Stonington Street At 5:45PM today the living quarters of our home at 39 Stonington St became filled with the concentrated smell of engine exhaust, oil and gas from the continuous operation of a snowblower being repaired at the business being conducted at 47 Stonington St. Work thereat continued until nearly 9PM. This evening was the fourth night this week that this business has operated until 9PM +/- each night. Last Sunday, October 21, 2001 at 6PM our family ate dinner to the sound and smell of snowblower engines being repaired. This same disturbance existed during our Sunday dinner of October 14, 2001. Recently, the business activity has been particularity offensive due to the loud sound and smell from not only snowblower exhaust but also the repair of leaf blowing equipment. ThisP ast weekend, Y as is usual each weekend da the next door residence front yard was a "store front display for three(3) ride on tractors, one(l.) commercial deck mower, four(4) residential lawnmowers and two(2) snowblowers all being marketed "for sale". Noise on these mornings commences at approximately 7AM when the equipment is started and y operated from the garage to the front yard for display. a As you are aware, this reporter made a complaint for investigation about this business on September 17, 2001. Since then, the business has operated continuously during evening and weekend hours. Additionally, incidents of operation have been made matters of record with the North Andover Police Department.(They were furnished a copy of the September 17, 2001 complaint.) To date we have no reason to believe that this business operates in compliance with zoning by-laws. Could this matter please be reviewed against existing regulations? Furthermore may we please be advised of the analysis? Th you, ��iI�E® R E C E W E - .� OCT 200 At'k 2 r ?002 . 2 6 1 eoo BUILDING DEPT. BUILDING DEPT. , Date:. September 17, 2001 Subject: Zoning by-laws Complaint for Investigation To: Town of North Andover/Building Department RE: 47 Stonington Street The family residence at the above-identified address is presently operating an engine repair business from buildings on the property address. Essential information and activity taking place includes all of the following: Engine/Motor repair of all types during all seasons of the year. (Lawnmowers and snowblowers etc.) Operating hours,: generally each evening sometimes until after IOPM, weekends both Sat/Sun for extended hours during both days and evenings of those days. Constant noise of"start-up" and "operating" of motors. Business has one or more person support; a family member and individuals that appear to be employees. Business offers the service of"pick-up" and "return" of large ride on equipment. (See trailer parked in yard) Motorists and automobile traffic generated from customer "drop off' and "pick-up" of equipment for service. Every weekend the front yard use of the property is "display"/"store front" for 5-10 pieces of repaired-refurbished equipment "for sale Noise from this business is also generated from bench gri c� � Q V E compressor/air hammer tools. The business makes full use of a welding torch. SEP 1 ,7 2001 The business has also been observed to store and use fuel L G DEPT. PC 39 sTvr� KAREN H.P.NELSON d Town Of 120 Main Street, 01845 Di' `°' NORTH-ANDOVER (508) 682-6483 �*'• .�7UILDING �'•:;�;; •`" CQNSERVATION DIVISION OF ' PLANNING PLANNING & COMMUNITY DEVELOPMENT COMPLAINT FOR INVESTIGATION Date: P 195 From: -SaN^I C All tL L Address: S+ Complaint Against: 1BEat 1-�oaq , ti't S�«..��►��,,.� ��J OTHER: 'F�.yciqt5.s Res�c � Signed• \�\ �•-R A^ c �K���l�.';� �j.uw� �O�l- ��it C� � O f.1 "Y l� P:1-o �'t_1 A D[�4e.•`-�S o' - e �" c� k.u�S �,�«..cit .-,ticQ•�c�P� fW. c`S �I,nti L: S H.o-") UO-kx 4 s - Ok k5 �s : '_q_ _5n rpt` (.0j WAX A P k 2 2 2002 A P Pe _") -t lx' ce—la-< <Q co „__q_q_ BUILDING DEFT. C Cc,r..Sty,i 1 t�lci�s Q a S�ran op — Go p —Go QJl QAC nM C� C� �:JS��,i.eSs A �� �•d, S u-ti f app (C-1004 0,0-w E, �;Z cl--w J a S �tc'k - Q Cut�•u<� 1 I I c- c���rt4 t€S.S .4M tl k.Q u V"L c1 A.""A rz 5 ARks k aPrL C,LA « �Q a5 APn:, �Lt t3oY ,� -mss cv.,c Y L O 1 C►.Q �c�r�(+ Lew C,C RECEIVED LZ 9002 BUILDING DEPT.