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Home My WebLink AboutMiscellaneous - 52 INGLEWOOD STREET 4/30/2018 (2) I a I f 57 r i I 1 i S i f r ti Town of North Andover 14oRT1r Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 'ss,CNu�E� D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Memorandum To: Napoli Trucking Company P 52 Inglewood Street North Andover,Massachusetts z 01845 - Iv -- CD - From: Walter F. Soule,Acting Chairman J _' North Andover Zoning Board of Appeals w N Date: January 14,2004 Subject: Decision 2001-032 for Napoli Trucking,52 Inglewood Street,dated August 12,2003. Please be advised that the Zoning Board of Appeals at the regular January 13,2004 meeting,voted to extend the Special Permit deadline from December 1,2003 to January 31,2004. Both Louis Napoli and his representative,Domenic J. Scalise,Esq.,stated that the construction progress made to the new Clark Street site ensures that they will comply with the extended deadline. Upon a motion by Joseph D.LaGrasse and 2"d by Ellen P.McIntyre,the Board voted to amend the deadline from December 1,2003 to January 31,2004 of Decision 2001-032. Voting in favor: Walter F. Soule, Ellen P.McIntosh,Joseph D.LaGrasse,Joe E. Smith,and Richard J.Byers. Town of North Andover Zoning Board of Appeals Walter F. Soule,Acting Chairman Modification 2001-053/1 M7P30 ATTEST: A True Copy Town Clerk Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street " °*.• - tir ' � °win°►� {� ' North Andover,Massachusetts 01845 9ss^C D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax.(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2003 . date of filing of this notice in the office of the Town Clerk. Property at: 52 Inglewood Street—Corrected Copy(Typing Omissions) NAME: Napoli Trucking Company HEARING(S): 10/9&11/13/01,7/9, 10/8,&11/12/02,5/14,6/10,& 8/12/03 ADDRESS: 52 Inglewood Street PETITION: 2001-032 North Andover,MA 01845 TYPING DATE: August 18,2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,August 12,2003 at.7:30 PM in the Senior Center, 120R Main Street,North Andover,MA upon the application of Napoli Trucking Company, 52 Inglewood Street,North Andover,MA requesting a Special Permit from Section 9,Paragraphs 9.1 &9.2 in ordq to continue in its present use the trucking business which was commenced in 1956 and has continued at this site since 1957 in substantially the same form and extent to the present time. Said premise affected is property with frontage on the East side of Inglewood Street within the R-4 Zoning District. The following members were present: William J. Sullivan,Walter F. Soule,John M.Pallone,Ellen P.McIntyre, Joseph D.LaGrasse,and Joe E.Smith. Upon a motion made by Walter F. Soule and 2nd by Joseph D.LaGrasse,the Board voted to GRANT the Special Permit from Section 9,Paragraphs 9.1 &9.2 in order to continue in its present use until November 30,2003 on the following condition: 1. The 52 Inglewood Street premises shall cease to be used for a contractor's yard. Equipment such as snowplows,backhoes,bobcats,bituminous spreader&roller,platform trailer,tri-axel dump trucks,six- wheeler sander,F350 dump truck,etc.will no longer be stored,or washed,or serviced in the open at this location. 52 Inglewood Street shall be allowed Resident 4 Zoning District uses,only,as of December 1, 2003. voting in favor: William J.Sullivan,Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D.LaGrasse. The Board finds that the bidding and permitting process of the Lawrence Municipal Airport Commission and the North Andover Conservation Commission,and the North Andover Planning Board required an unusual timeframe window. Status reports on relocating Napoli Trucking Company from 52 Inglewood Street to Clark Street(City of Lawrence property)were presented on all 2002 and 2003 meetings. The initial evidence and discussion of October 9,2001 and November 13,2001 were directed to the relocation of the Contractor's yard. Therefore,the Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 92 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detrimental than the existing temporary usage to the neighborhood. c.a C.a Pagel of 2 - P- C.7 C.7 UJ Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845IgrI0 t D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, I CA, William J.Su ivan,Chairman Decision 2001-032Corrected copy(Typing Ommissions) Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover f �aRTh Office of the Zoning. Board of Appeals F� A Community Development and Services Division s� 27 Charles Street North Andover,Massachusetts 01845 9SS�cHuSE� D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 52 Inglewood Street—Corrected Copy(Typing Omissions) NAME: Napoli Trucking Company HEARING(S): 10/9& 11/13/01,7/9, 10/9,&11/12/02,5/14,6/1.0,& 8/12/03 ADDRESS: 52.Inglewood Street PETITION: 2001-032 North Andover,MA 01845 TYPING DATE: August 18, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,August 12,2003 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,MA upon the application of Napoli Trucking Company, 52 Inglewood Street,North Andover,MA requesting a Special Permit from Section 9,Paragraphs 9.1 &.9.2 in orde,T to continue in its present use the trucking business which was commenced in 1956 and has continued at this site since 1957 in substantially the same form and extent to the present time. Said premise affected is property with frontage on the East side of Inglewood Street within the.R-4 Zoning District. The following members were present: William J. Sullivan,Walter F. Soule,John M_Pallone,Ellen P.McIntyre, Joseph D LaGrasse,and Joe E.Smith_ Upon a motion made by Walter F. Soule and 2"d by Joseph D.LaGrasse;the Board voted to GRANT the Special Permit from Section 9,Paragraphs 9.1 &9.2 in order to continue in its present use until November 30,2003 on the following condition: 1. The 52 Inglewood Street premises shall cease to be used for a contractor's yard- Equipment such as snowplows,backhoes,bobcats,bituminous spreader&roller;platform trailer,tri-axel.dump trucks,six- wheeler sander,F350 dump truck,etc.will no longer be stored,or washed,or serviced in the open at this location. 52 Inglewood Street shall be allowed Resident 4 Zoning District uses,only,as of December 1, 2003_ Voting in favor: William J_Sullivan,Walter F- Soule,John M.Pallbne,Ellen P.McIntyre,and Joseph D_LaGrasse, The Board finds that the bidding and permitting process of the Lawrence Municipal Airport Commission and the North Andover Conservation Commission,and the.North Andover Planning Board required an unusual time frame window. Status reports on relocating Napoli Trucking Company from 52 Inglewood Street twClark Street.(City of Lawrence property)were presented on all 2002 and:2003 meetings. The initial evidence and discussion of October 9,2001 and November 13,2001 were directed to the relocation of the Contractor's yard Therefore,the Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 92 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detrimental than the existing temporary usage to the neighborhood- . Pagel of 2 _ r^I, 'vJ Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Ott�%;tb moo Office of the Zoning Board of Appeals Community Development ment and Services Division 27 Charles Street North Andover,Massachusetts 01845 cHUSE Telephone(978)688-9541 D. Robert Nicetta Fax(978)688-9542 Building Commissioner Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the . date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Special Permit anted under the provisions contained herein shall be deemed to have Furthermore,if a Sp tial Fu s substantial ted unless lapsed after a two(2)year period from the date on which the Special Permit was gran use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, William.t. S ivan,Chairman Decision 2001-032Corrected copy(Typing.0mmissions) , Page 2 of 2 0& -688-9535 Roard of Aooeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978 f North Andover ORT N H 66 (Vl oning Board of Appeals pment and Services Division t T/�� " " /• IL IC.t�-Q006 'Charles Street ver, Massachusetts 018459SsACHUS�t Telephone 978 688-9541 P ( ) t' CoLinty I; Registry+ r7 ilrvt=. Fax(978)688-9542 a__.?. Nloi"'th Lin ' t g_stry 'T e?_ °l. i,),,if,-,, Street Lcm-jrence, Massactwse5t•ts 01.840 fihi§i§j@ @q0ify that twenty(20)days hive aleplled from date of decision.filed" 1 Oi i i 0" withwi filing of an appeal. ®ante :ice of Decision Joyce A.Bradeh*W tear 2003 Town ciork at: 52 Inglewood Street ::� ;_,: i�.l.....,:}.; . •_.z , :: ;�,: .�,: HEARING(S): 10/9& 11/13/01,7/9, (; 17 10/8,&11/12/02,5/14,6/10,&8/12/03 PETITION: 2001-032 TYPING DATE: August 18,2003 iublic hearing at its regular meeting on Tuesday,August 12, fain Street,North Andover,MA upon the application of r'- treet,North Andover,MA requesting a Special Permit from atinue in its present use the trucking business which was site since 1957 in substantially the same form and extent to =. ,'s: }. i ;t,:; „ ?erty with frontage on the East side of Inglewood Street The following members were present: William J. Sullivan,Walter F. Soule,John M.Pallone,and Ellen P. McIntyre. Upon a motion made by Walter F. Soule and 2°d by Joseph D.LaGrasse,the Board voted to GRANT the Special Permit from Section 9,Paragraphs 9.1 &9.2 in order to continue in its present use until November 30,2003 on the following condition: 1. The 52 Inglewood Street premises shall cease to be used for a contractor's yard. Equipment such as snowplows,backhoes,bobcats,bituminous spreader&roller,platform trailer,tri-axel dump trucks,six-wheeler sander,F350 dump truck,etc.will no longer be stored,or washed,or serviced in the open at this location. 52 Inglewood Street shall be allowed Resident 4 Zoning District uses,.only,as of December 1,2003. Voting in favor: William J.Sullivan,Walter F. Soule;John M.Pallone,and Ellen P.McIntyre. The Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detrimental than the existing temporary usage to the neighborhood. W U, ATTEST: A True COPY _ Pagel of 2 - ,rown Clerk Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-953 i `R Town'of North Andover NORTII Office of the Zoning Board of Appeals Community Development and Services Division . # _ 27 Charles Street North Andover,Massachusetts 01845 ►+u '�►gss,r14 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall befiled Notice of Decision within(20)days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 52 Inglewood Street NAME: Napoli Trucking Company HEARING(S): 10/9&11113/01,7/9, 10/8,&11/12/02,5/14,6110,&8/12/03 ADDRESS: 52 Inglewood Street PETITION: 2001-032 North Andover,MA 01845 TYPING DATE: August 18,2003 The.North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,August 12, 2003 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,MA upon the application of Napoli Trucking Company,52 Inglewood Street,North Andover,MA requesting a Special Permit from Section 9,Paragraphs 9.1 &9.2 in order to continue in its present use the trucking business which was commenced in 1956 and has continued at this site since 1957 in substantially the same form and extent to the present time. Said premise affected is property with frontage on the East side of Inglewood Street . within the R-4 Zoning District. The following members were present: William J. Sullivan,Walter F. Soule,John M.Pallone,and Ellen P. McIntyre. Upon a motion made by Walter F. Soule and 2nd by Joseph D.LaGrasse,the Board voted to GRANT the Special Permit from Section 9,Paragraphs 9.1 &9.2 in order to continue in its present use until November 30,2003 on the following condition: 1. The 52 Inglewood Street premises shall cease to be used for a contractor's yard. Equipment such as snowplows,backhoes,bobcats,bituminous spreader&roller,platform trailer,tri-axel dump trucks,six-wheeler sander,F350 dump truck,etc.will no longer be stored,or washed,or serviced in the open at this location. 52-Inglewo_od Street shall be allowed Resident 4 Zoning District uses,only,as of December 1,2003. - Voting in favor: William J. Sullivan;Walter F. Soule,John M.Pallone,and Ellen P.McIntyre. The Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that such change,extension, or alteration shall not be substantially more detrimental than the existing temporary usage to the neighborhood. N D • C� Pagel of 2 -(j Board of Appeals-9178-68&9541 Building 978-688'-9545 Conservation 978-688;9530 H'aalth 978-688=9540Planning 978-68&9535 t ' Town of North Andover f NORTti Office of the Zoning Board of Appeals o - .0 Community Development and Services Division * _ 27 Charles Street North Andover,Massachusetts 01845 �9Ss raw wcause D. RobertNicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, William J.Siitflfivan,Chairman Decision 2001-032 Page 2 of 2 C71 Mc— J r� Board of Appeals=978=688,954:1 Building 978=5$8-954'5 Conservation 978=688-9530. Health 978 688=954 Elannmg 97$588-9533 t North Andover, Zoning Board of Appeals i Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover, MA on Tuesday the 9th day of October, 2001 at 7:30 PM to all parties interested in the appeal of Napoli Trucking Co., 52 Inglewood Street,North Andover, MA requesting a Special Permit'from Section 9, Paragraph 9.1 & 9.2 to continue in its present use the trucking business which was commenced in 1956 and has continued at this site since 1957 in substantially the same form and extent to the present time. Said premises affected is property with frontage on the East side of Inglewood Street . within the R-4 Zoning District. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on September 25, and October 2, 2001. Review date: Legalnotice 2001/28 Il � �3- i • 'a ® UI f Fax—Transmission O TO: TT m L- S CJ FAX Number: L78 - -7 FROM: Town of North Ando Zoning Board of Appeals FAX: #978-688-9542 PHONE: #978-688-9541 DATE: �- rola UU , SUBJECT: ONumber of pages: REMARKS: Attached is a fax containing your legal notice. As you are aware, the attached legal notice has to be placed with the legal notice ' department at the Lawrence Eagle-.Tribune, and it is your responsibility to do so as-soon-as-possible in order to meet the required deadline. Failure to place the legal notice in the newspaper within the required deadline will ' mean that you will not be able to be,placed on the ZBA agenda for the upcoming meeting. The direct dial phone number of the legal notice department of the Lawrence Eagle Tribune is 978-946-2412; the address is 100 Turnpike Street, North Andover, MA. i r responsibility to mail a co of the Please be reminded that it is you py copy legal notice to each abutter via certified mail. You are required to complete the mailing of the legal notice at least 14'days prior the ZBA meeting. You are also required to bring proof of the certified mailing to the office of the ZBA Secretary as-soon-as you have completed the mailing; failure to do so will mean that you will not be placed on the ZBA agenda. Thank you. OMl/LegalNotice CERTIFIED MAIL RECEIPT • r CERTIFIEDMAIL RECEIPT (bomestic Mail Only;No Insurance Coverage • -r (Domestic Mail I No Insurance Coverage • •-• ,a Articlem�Article Sent To: FIT Ln � St O iec rr R A. Wood mPe�;$ 0.34 UNIT ID: 0845 ,,, �P�1UtJVF:�tage $ 0.34. UNIT ID. W45. LIM 2f, Q' Vi rtified Fee % Certifiep `9 S 2■ Postmark sFp 2. PostmarkRe Rr�ei e O Here 1 C R�uc FF�pppp'� t Here Q )(En orsement Re 1.50 N (Endorseme ft �uir��17'r 1.50 p Rest'ted Delivery Fee,. 1 Clerk: KT4VXX estricted Relive e Clerk: KT4VXX p (Ehdocs ant Requir } ( orsement uired) p Total P 9 ge&`Fes $ 3.44 09/24/01 o total FSstagee-&Fees $ 3.94 09/24/01 Name(Please Print Clearly)(to be completed by inaller) m Name(Please Print Clearly)(to be completed by mailer) Stanley--&--_Helera__Hawani�c---------------------------------- Raymgnd_-P. -- Theresa__ __Ax__Ws�czd----------------------- E. 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Name lease l'n t Gleaif q (P y)(to be completed by mailer) Name(Pleas$"Pdnt-C arly)(to be completed by mailer] Ln d " Louis__Napol :Jr..-__-& Donna Napoli___--- - I� C ��- m r St2et Apt No.;or PO Box No ------------------ .7y 51 Jetwood Street � sires,Apt. o.;or Po Boz No. City State.ZiP+4 °' S1-_Inglewood Street --- O City,State,ZIP+4' North :Andover, MA 01845 North Andover, MA 01845 PS rorm 3800.Juiv 1999 -e Re . .0 _ , I I . I - I I \�O�n��n1� � . DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 1 DOMENIC J. SCALISE ATTORNEY AT LAW 9 78 89 MAIN STREET TELEPHONE(.§ ) 682-4153 NORTH ANDOVER, MA 01845 FAX(�58) 794-2088 �i7� Memorandum To: Napoli Trucking Company 52 Inglewood Street North Andover,Massachusetts 01845 From: Walter F. Soule,Acting Chairman North Andover Zoning Board of Appeals Date: January 14,2004 Subject: Decision 2001-032 for Napoli Trucking,52 Inglewood Street,dated August 12,2003. Please be advised that the Zoning Board of Appeals at the regular January 13,2004 meeting,voted to extend the Special Permit deadline from December 1,2003 to January 31,2004. Both Louis Napoli and his representative,Domenic J. Scalise,Esq.,stated that the construction progress made to the new Clark Street site ensures that they will comply with the extended deadline. Upon a motion by Joseph D.LaGrasse and 2`d by Ellen P.McIntyre,the Board voted to amend the deadline from December 1,2003 to January 31,2004 of Decision 2001-032. Voting in favor: Walter F.Soule, Ellen P.McIntosh,Joseph D.LaGrasse,Joe E. Smith,and Richard J.Byers. Town of North Andover Zoning Board of Appeals Walter F. Soule,Acting Chairman Modification 2001-053/1 v y! 5 1 -13 x os oon, MEMORANDUM To: Mark Rees From: Bob Nicetta Date: January 05, 2004 Re: Napoli Trueking Relocation CC: Heidi Grim Donna Mae D'Agata Please find attached a copy of the agreement I was able to negotiate with Attorney Scalise and his client Louis Napoli; Jr., owner of Napoli Trucking. Attorney Scalise and Mr. Napoli will be appearing before the Zoning Board of Appeals meeting of January ' 13'h requesting a modification of Decision 2001-032 to January 3.1, 2004. A copy of the agreement will be made a part of the record. Mrs. DiNato was advised of the agreement early this afternoon and appeared to be in agreement of the dates stated in the document. It was also made known to Mrs. DiNato that Napoli has requested a modification and the request would be heard at the January 13'meeting. BOARD OF APPEALS DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 January 2, 2004 Mr. D. Robert Nicetta Building Commissioner and Zoning Enforcement Officer Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Louis A. Napoli, Jr. (Napoli Trucking, Inc.) 52 Inglewood Street,North Andover, MA 01845 Dear Mr. Nicetta: Concerning the above captioned matter, this letter will confirm that Mr. Louis A. Napoli, Jr. and I met at your office, at 10:00 a.m. this morning, to discuss a possible resolution to the current zoning situation at 52 Inglewood Street, North Andover, MA. As you are aware, the construction of the new facility for Napoli Trucking, Inc. at the Lawrence Municipal Airport site has taken longer to complete than originally anticipated. This is due to a number of reasons, including among others, delays in obtaining necessary materials, scheduling of utility company services, and days lost because of severe weather conditions, and holidays. Your own record keeping regarding this site is very detailed. Mr. Napoli proposes the following timeline in order to affect an orderly, efficient, and I realistic removal of all equipment from Inglewood Street to the new Clark Road site. On or before January 13, 2004, all existing trucks parked outside the garage will be removed from the 52 Inglewood Street location. Mr. Napoli will be allowed to continue to bring one (1) truck at a time to the Inglewood Street garage for purposes of performing maintenance on the trucks; however, all work will be done within the garage. This arrangement shall continue until January 31, 2004 when the use of Inglewood Street shall terminate as a contractor's yard. The contractor will exercise his best efforts in minimizing noise during the movement of trucks in and out of Inglewood Street. BOARD OF APPEALS DOMENIC J. SCALISE D. Robert Nicetta January 2, 2004 Page Two In the interim, Mr.Napoli will continue to work on the new Clark Road site in order to have it completed as soon as possible and to meet the proposed deadlines stated above. Thank you for taking the time to review and discuss this matter with us and for your continued cooperation. Very truly yours, jDomenic J. Scalise DJS/cm -'Louis A. Napoli, Jr. Any appeal shall be filed Notice of Decision within(20)days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 52 Inglewood Street—Corrected Copy(Typing Omissions) NAME: Napoli Trucking Company HEARING(S): 10/9& 11/13/01,7/9, 10/8,& 11/12/02,5/14,6/10,&8/12/03 ADDRESS: 52 Inglewood Street PETITION: 2001-032 North Andover,MA 01845 TYPING DATE: August 18,2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,August 12,2003 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,MA upon the application of Napoli Trucking Company, 52 Inglewood Street,North Andover,MA requesting a Special Permit from Section 9,Paragraphs 9.1 &9.2 in order to continue in its present use the trucking business which was commenced in 1956 and has continued at this site since 1957 in substantially the same form and extent to the present time. Said premise affected is property with frontage on the East side of Inglewood Street within the R-4 Zoning District. The following members were present: William J. Sullivan,Walter F. Soule,John M.Pallone,Ellen P.McIntyre, Joseph D.LaGrasse,and Joe E.Smith. Upon a motion made by Walter F. Soule and 2°a by Joseph D.LaGrasse,the Board voted to GRANT the Special Permit from Section 9,Paragraphs 9.1 &9.2 in order to continue in its present use until November 30,2003 on the following condition: 1. The 52 Inglewood Street premises shall cease to be used for a contractor's yard. Equipment such as snowplows,backhoes,bobcats,bituminous spreader&roller,platform trailer,tri-axel dump trucks,six- wheeler sander,F350 dump truck,etc.will no longer be stored,or washed,or serviced in the open at this location. 52 Inglewood Street shall be allowed Resident 4 Zoning District uses,only,as of December 1, 2003. Voting in favor: William J.Sullivan,Walter F. Soule,John M. Pallone,Ellen P.McIntyre,and Joseph D.LaGrasse. The Board finds that the bidding and permitting process of the Lawrence Municipal Airport Commission and the North Andover Conservation Commission,and the North Andover Planning Board required an unusual time frame window. Status reports on relocating Napoli Trucking Company from 52 Inglewood Street to Clark Street(City of Lawrence property)were presented on all 2002 and 2003 meetings. The initial evidence and discussion of October 9,2001 and November 13,2001 were directed to the relocation of the Contractor's yard. Therefore,the Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.2 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detrimental than the existing temporary usage to the neighborhood. Pagel of 2 Town of North Andover NORTH Office of the Zoning Board of Appeals Community Development and Services Division t 27 Charles Street `�'►. `,i North Andover,Massachusetts 01845 ,SSACNUS�t D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2003 date of filing of this notice 1 in the office of the Town Clerk. Property at: 52 Inglewood Street—Corrected Copy(F4#h-R—taHbn*,- �j 6 NAME: Napoli Trucking Company HEARING(S): 10/9&11/13/01,7/9, 10/8,& 11/12/02,5/14,6/10,& 8/12/03 ADDRESS: 52 Inglewood Street PETITION: 2001-032 North Andover,MA 01845 TYPING DATE: August 18,2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,August 12, 2003 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,MA upon the application of Napoli Trucking Company,52 Inglewood Street,North Andover,MA requesting a Special Permit from Section 9,Paragraphs 9.1 &9.2 in order to continue in its present use the trucking business which was commenced in 1956 and has continued at this site since 1957 in substantially the same form and extent to the present time. Said premise affected is property with frontage on the East side of Inglewood Street within the R-4 Zoning District. The following members were present: William J. Sullivan,Walter F. Soule,John M.Pallone,Ellen P. McIntyre,Joseph D.LaGrasse,and Joe E. Smith. Upon a motion made by Walter F. Soule and 2nd by Joseph D. LaGrasse,the Board voted to GRANT the Special Permit from Section 9,Paragraphs 9.1 &9.2 in order to continue in its present use until November 30,2003 on the following condition: 1. The 52 Inglewood Street premises shall cease to be used for a contractor's yard. Equipment such as snowplows,backhoes,bobcats,bituminous spreader&roller,platform trailer,tri-axel dump trucks,six-wheeler sander,F350 dump truck,etc.will no longer be stored,or washed,or serviced in the open at this location. 52 Inglewood Street shall be allowed Resident 4 Zoning District uses,only,as of December 1,2003. Voting in favor: William J.Sullivan,Walter F. Soule,John M.Pallone,and Ellen P. McIntyre. �'� to t1WS The Board finds that the bidding and permitting process of the Lawrence Municipal Airport Commission and the North Andover Conservation Commission,and the North Andover Planning Board required an unusual time frame window. Status reports on relocating Napoli Trucking Company from 52 Inglewood Street to Clark Street(City of Lawrence property)were presented on all 2002 and 2003 meetings. The initial evidence and discussion of October 9,2001 and November 13,2001 were directed to the relocation of the Contractor's yard. Therefore,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detrimental than the existing temporary usage to the neighborhood. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Any appeal shall be filed Notice of Decision C)�✓ within(20)days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 52 Inglewood-Street—Corrected Copy NAME: Napoli Trucking Company HEARING(S): 10/9.x& 11/13/01,7/9, 10/8,& 1/1 $/-1-4),6/10 &,8/12 03 ADDRESS: 52 Inglewood Street PETITION: 2001-032 North Andover,MA 01845 TYPING DATE: August 18,2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,August 12, 2003 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,MA upon the application of Napoli Trucking Company,52 Inglewood Street,North Andover,MA requesting a Special Permit from Section 9,Paragraphs 9.1 &9.2 in order to continue in its present use the trucking business which was commenced in 1956 and has continued at this site since 1957 in substantially the same form and extent to the present time. Said premise affected is property with frontage on the East side of Inglewood Street within the R4 Zoning District. The following v4dng members were present: William J. Sullivan,Walter F. Soule,John M.Pallone,.aw-` Ellen P.McIntyre. T _ s Joseph D.LaGrasse and Joe E. Smith. Li�, Upon a motion made by Walter F.Ford.and 2°d by Joseph D.LaGrasse,the Board voted to GRANT the Special Permit from Section 9,Paragraphs 9.1 &9.2 in order to continue in its present use until November 30,2003 on the following condition: 1. The 52 Inglewood Street premises shall cease to be used for a contractor's yard. Equipment such as snowplows,backhoes,bobcats,bituminous spreader&roller,platform trailer,tri-axel dump trucks,six-wheeler sander,F350 dump truck,etc.will no longer be stored,or washed,or serviced in the open at this location. 52 Inglewood Street shall be allowed Resident 4 Zoning District uses,only,as of December 1,2003. Voting in favor: William J. Sullivan,Walter F. Soule,John M.Pallone,and Ellen P.McIntyre. 5�s�pjl L SAS$ a The Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detrimental than the existing temporary usage to the neighborhood. Q11 Pagel of 2 E�,� � ��►� � c CFS G�S � 8 - C� 7 -J� � Mt :.s1d, C wrV'r� r►z N!)�y^�vsl� �-',� . N� L I �� Vti •uy � ®� Ln� ,/ ' �� Booz /r&/✓a oLa°3 dMr - �aG lir / Y li T I own of NorthAndover VIORTij 4 Office ®f the Building Department Community Development and Services Divisi®u 27 Charles Street _ North 9Ssq set Andover,Massachusetts 01845 cwu D. Robert Nicetta Telephone(978) 688-954;. Building Commissioner Fax(978) 688-9542 December 18, 2003 Mr. Louis Napoli, Jr. Napoli Trucking Company 52 Inglewood Street North Andover, MA 01845 Re: Zoning Board of Appeals Decision Petition: 2001-032 Dated: August 18, 2003 Dear Mr.Napoli: You were requested,through your Attorney Domenic Scalise,to attend a meeting in the Conference Room of the Community Development and Services Division, 27 Charles Street at 9:00 AM on December 17, 2003. The purpose of the meeting was to discuss violation of the above-referred decision. The meeting was attended by Attorney Scalise, Donna Mae D'Agata, Administrative Assistant to the Division Director and Robert Nicetta,Building Commissioner/Zoning Enforcement Officer. Attorney Scalise stated that you would be unable to attend the meeting. The following is the outcome of the meeting. • Pursuant to the ZBA decision of Petition: 2001=0432 which reads in part"Upon a motion made by Walter F Soule and 2d by Joseph LaGrasse,the Board Voted to GRANT the Special Permit From Section 9,Paragraphs 9.1 & 9.2 in order to continue in its present use until November 30, 2003 on the following condition: 1. The 52 Inglewood Street premises shall cease to be used for a contractor's yard. Equipment such as snowplows,backhoes,bobcats,bituminous spreader&roller, platform trailer,tri-axel dump trucks, six-wheeler sander,F350 dump truck,etc gave an interpation. will no longer be stored, or washed, or serviced in the open at this location. 52 Inglewood Street shall be allowed Resident 4 Zoning District uses, only, as of December 1, 2003". The above was read to Attorney Scalise and it was noted that the decision was not contingent upon the new Clark Street facility being completed prior to the move,but rather,all 52 Inglewood Street activity for the construction vehicles cease on November 30, 2003. The violation of Decision 2001-032 commences on the November date. Attorney Scalise stated that he informed Director Heidi Griffin that he would file a Request for Modification of the ZBA Decision.However,Mr.Nicetta stated that it is too late to file for the . U t L 1 U 20( OF APPEALS 698-9541 BUILDING 688-9545 CONSERVATION688-9530 HEALTH 685-9540 PLANNING 688-9535, BOARD OF APPEALS I (Page 2) January 10, 2004 meeting and that the violation would be extended by the time required to apply for the modification and possible denial. The Zoning Officer, again, advised Attorney Scalise that Napoli Trucking Company is in violation of the Zoning Board decision by continuing the trucking operation at the Inglewood site. Mr.Nicetta informed Attorney Scalise that he was extending the November 3e deadline to December 31, 2003 pursuant to the North Andover Zoning By-law Section 10.13—Penalty for Violation—and fine the trucking company$300.00 per day for every day the operation continues beyond December 31-. For clarity, Section 10.13—Penalty for Violation—of the Zoning By-law reads as follows: "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 three hundred dollars($300.00). Each day that such violation continues shall be considered a separate violation"_ Attorney Scalise said that he would speak to his client,Mr.,Napoli. Thanking you in advance for your cooperation. Yours truly, D.Robert Nicetta Building Commissioner& Zoning Enforcement Officer CC: Attorney Dominic Scalise Mr. &Mrs. Victor DiDonato Heidi Griffin,Director CD&S Mark Rees,Town Manager Zoning Board of Appeals CERTIFIED NAIL: 7002 0510 0000 0894 3261 �r DECEMBER 10, 2003 TO: BUILDING COMMISSIONER, D. ROBERT NICETTA, BUILDING INSPECTOR, MICHAEL MC GUIRE, HEIDI GRIFFIN. FROM: VICTOR AND DEBRA DIDONATO 60 INGLEWOOD STREET WE ARE SUBMITTING A FORMAL, WRITTEN LETTER OF COMPLAINT REGARDING NAPOLI TRUCKING. THE ZONING BOARD OF APPEALS VOTED ON AUGUST 12, 2003 THAT NAPOLI TRUCKING VACATE 52 INGLEWOOD STREET AS OF DECEMBER 1, 2003. NAPOLI TRUCKING CONTINUES TO OPERATE AT THIS LOCATION AS WAS REPORTED TO MICHAEL MCGUIRE ON DECEMBER 1, 2003. WE ATTENDED THE ZONING BOARD OF APPEALS HEARING LAST EVENING, DECEMBER 9, 2003, AT WHICH TIME NO EXTENSION WAS REQUESTED BY MR. NAPOLI OR HIS LAWYER, MR. SCALISE. ZONING BOARD CHAIRMAN, MR. SULLIVAN, STATED IN FACT, NO EXTENSION WAS APPLIED FOR NOR WAS ONE GRANTED. HE ALSO STATED THIS ISSUE WAS OUT OF THE ZONING BOARDS HANDS AND IS NOW THE RESPONSIBILITY OF THE OFFICE OF THE BUILDING COMMISSIONER TO ENFORCE THE RULING MADE BY THE BOARD ON AUGUST 12, 2003. IN EFFECT, 52 INGLEWOOD STREET WAS TO CEASE TO BE USED FOR A CONTRACTORS YARD EFFECTIVE DECEMBER 1, 2003 AND SHOULD BE ENFORCED BY THE OFFICE OF THE BUILDING COMMISSIONER TODAY, DECEMBER 10, 2003. IS I LI i J 2063 �I' B('D, ^PIPEALS DECEMBER 2, 2003 To: ZONING BOARD OF APPEALS RE:NAPOLI TRUCKING I AM WRITTING YET ANOTHER LETTER REGARDING THE NAPOLI TRUCKING ISSUE. IN THE AUGUST 12, 2003 MEETING, THE DECISION WAS MADE BY THE BOARD THAT NOVEMBER 30, 2003 WAS THE DEADLINE FOR NAPOLI TRUCKING TO OPERATE A CONTRACTORS YARD AT 52 INGLEWOOD STREET, REGARDLESS IF THE BUILDING ON CLARK STREET WAS READY OR NOT. IT IS NOW DECEMBER 2, 2003 AND THE TRUCKS AS WELL AS EQUIPMENT, F-350 DUMP TRUCK AND THE BACKHOE, 10 FEET FROM MY HOUSE REMAIN. BUSINESS I AS USUAL CONTINUES, INCLUDING TRUCK WASHING AND TRUCK ACTIVITY ALL HOURS OF THE DAY AND NIGHT. I WAS TOLD TODAY THAT NAPOLI TRUCKING WAS COMING BEFORE THE BOARD AGAIN ON DECEMBER 9, 2003 TO ASK FOR AN EXTENSION, TO CONTINUE OPERATING AT 52 INGLEWOOD ST. I AM ASKING THE BOARD TO PLEASE STAND BY ITS DECISION MADE IN AUGUST AND AFTER TWO AND A HALF YEARS OF MEETINGS,TO HAVE NAPOLI TRUCKING CEASE OPERATION AT 52 INGLEWOOD ST. ONCE AND FOR ALL. THERE IS PLENTY OF ROOM ON CLARK ST. TO PARK HIS TRUCKS AND EQUIPMENT UNTIL THE BUILDING IS FINISHED. THANK YOU VICTOR DIDONATO 60 INGLEWOOD ST. CC:ZONING BOARD MEMBERS ROBERT NICETTA MARK REES � C wE NOV 2 6 2003 D BOARD OF APPEALS Town of North Andover ,•oR Office of the Zoning Board of Appeals ;_ •�.r- Community Development and Services Division 27 Charles Street " "* •�="� 71� ra¢ North Andover,Massachusetts 01845 Ss�CH D. Robert Nicetta Telephone(978)688-9541 Fax(978)688-9542 Building Commissioner Any appeal shall be filed Notice of Decision within(20)days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 52 Inglewood Street NAME: Napoli Trucking Company HEARING(S): 10/9&11/13/01,7/! 10/8,&11/12/02;5/14,6/10,&8/12i ADDRESS: 52 Inglewood Street PETITION: 2001-032 North Andover,MA 01845 TYPING DATE: August 18,2003 I The.North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,August 12, 2003 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,MA upon the application of f ood Street,North Andover,MA requesting a Special Permit from Napoli Trucking Company,52 Inglew Section.9,Paragraphs 9.1 &9.2 in order to continue in its present use the trucking business which was commenced in 1956 and has continued at this site since 1957 in substantially the same form and extent to the present time. Said premise affected is property with frontage on the East side of Inglewood Street . within the R-4 Zoning District. The following members were present: William J.Sullivan,Walter F. Soule,John M.Pallone,and Ellen P. McIntyre. Upon a motion made by Walter F. Soule and 2nd by Joseph D.LaGrasse,the Board voted to GRANT the Special Permit from Section 9,Paragraphs 9.1 &9.2 in order to continue in its present use until November 30,2003 on the following condition:. 1. The 52 Inglewood Street premises shall cease to be used for a contractor's yard. Equipment such as snowplows,backhoes,bobcats,bituminous spreader&roller,platform trailer,tri-axel dump trucks,six-wheeler sander,F350 dump truck,etc.will no longer be stored,or washed,or serviced in the open at this location. 52-Inglewood Street shall be allowed Resident 4 Zoning . District uses, Cull)',as`i,cli __i - 11_i' 1,'vv" Voting in favor: William J. Sullivan,Walter F. Soule,John M.Pallone,and Ellen P.McIntyre. The Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detrimental than the existing temporary usage to the neighborhood. Pagel of 2 _� ' ^1 CD _D NOV 2 6 2003 BOARD a APPEAL S .Board",of Appeals 978-688 954 b; Buildn.'g 978-688-9545 Conservatio078=6991 9530 Health 978 688 9540 Planning 978-688-9535 e. a Town of North Andover t Office of the Zoning.Board of Appeals Community Development and Services Division f t 27 Charles Street North Andover,Massachusetts 01845 'ss�►cH� D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Furthermore,if the rights authorized.by the Variance are not exercised.within one(1)year of the date of the gr n+ it--h?j!lapse,and may�i,a re-estab1ishedd mly after uat—,and ' nv a;;l_g. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and maybe re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, William J.S livan,Chairman Decision 2001-032 Page 2 of 2 .. ni hoard of kl0pe4l008 688'9541 $i}�Ididk '1688 9545 C0nservat�on.97R fi8R 9ti�(3 Health 97$688 54U �P(ann ig 978 G$8 9535. r r DECEMBER 2, 2003 To: ZONING BOARD OF APPEALS RE:NAPOLI TRUCKING I AM WRITTING YET ANOTHER LETTER REGARDING THE NAPOLI TRUCKING ISSUE. IN THE AUGUST 12 2003 MEETING THE DECISION WAS MADE BY THE BOARD THAT , NOVEMBER 30, 2003 WAS THE DEADLINE FOR NAPOLI TRUCKING TO OPERATE A CONTRACTORS YARD AT 52 INGLEWOOD STREET, REGARDLESS IF THE BUILDING ON CLARK STREET WAS READY OR NOT. IT IS NOW DECEMBER 2, 2003 AND THE TRUCKS AS WELL AS EQUIPMENT, F-350 DUMP TRUCK AND THE BACKHOE, 10 FEET FROM MY HOUSE REMAIN. BUSINESS AS USUAL CONTINUES, INCLUDING TRUCK WASHING AND TRUCK ACTIVITY ALL HOURS OF THE DAY AND NIGHT. I WAS TOLD TODAY THAT NAPOLI TRUCKING WAS COMING BEFORE THE BOARD AGAIN ON DECEMBER 9, 2003 TO ASK FOR AN EXTENSION, TO CONTINUE OPERATING AT 52 INGLEWOOD ST. I AM ASKING THE BOARD TO PLEASE STAND BY ITS DECISION MADE IN AUGUST AND AFTER TWO AND A HALF YEARS OF MEETINGS, TO HAVE NAPOLI TRUCKING CEASE OPERATION AT 52 INGLEWOOD ST. ONCE AND FOR ALL. THERE IS PLENTY OF ROOM ON CLARK ST. TO PARK HIS TRUCKS AND EQUIPMENT UNTIL THE BUILDING IS FINISHED. THANK YOU VICTOR DIDONATO 60 INGLEWOOD ST. CC:ZONING BOARD MEMBERS ROBERT NICETTA MARK REES !A i Any appeal shall be filed Notice of Decision within(20)days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 52 Inglewood Street NAME: Napoli Trucking Company HEARING(S): 10/9& 11/13/01,7/9, 10/8,& 11/12/02,5/14,6/10,& 8/12/03 ADDRESS: 52 Inglewood Street PETITION: 2001-032 North Andover,MA 01845 TYPING DATE: August 18,2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,August 12, 2003 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,MA upon the application of Napoli Trucking Company,52 Inglewood Street,North Andover,MA requesting a Special Permit from Section 9,Paragraphs 9.1 &9.2 in order to continue in its present use the trucking business which was commenced in 1956 and has continued at this site since 1957 in substantially the same form and extent to the present time. Said premise affected is property.with frontage on the East side of Inglewood Street within the R-4 Zoning District. The following members were present: William J. Sullivan,Walter F. Soule,John M.Pallone,and Ellen P. McIntyre. Upon a motion made by Walter F.Ford and.2"d by Joseph D.LaGrasse,the Board voted to GRANT the Special Permit from Section 9,Paragraphs 9.1&9.2 in order to continue in its present use until November 30,2003 on the following condition: 1. The.52 Inglewood Street premises will cease to be used for a trucking yard. Equipment such as snowplows,backhoes,bobcats,bituminous spreader&roller,platform trailer,tri-axel dump trucks,six-wheeler sander,F350 dump truck,etc.will no longer be stored,or washed,or serviced in the open at this location. Voting in favor: William J. Sullivan,Walter F. Soule,John M.Pallone,and Ellen P.McIntyre. The Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detrimental than the existing tt5 mE ary a to the neighborhood. t-t �� 1i Page 1 of 2 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and maybe re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, William I Sullivan,Chairman Decision 2001-032 Page 2 of 2 I l ;h� e� ' I ¢�9 . a� U � S � � (J' v VVI Legal Notice North dover,Board of Appeals Notice is hereby given that the Board of ppeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover,MA on Tu day the 8d'of July,2003 at 7:30 PM to all parties interested in the appeal of Forest Glen Development,I c. 130 Middlesex Street,North Andover,for premises at:Lot C, Forest Street,North Andover(Map 1 D,Parcel 71)requesting a Variance from Section 7,Paragraphs 7.1,7.2,and Table 2 for relief of min' um lot area and street frontage in order to construct anew single family dwelling on a pre-existing,no -conforming lot. The said premise affected is prope with frontage on the West side of Forest Street within the R-1 zoning district. Plans are available for review at thg office of the Building Department 27 Charles Street,North Andover, MA,Monday through Thursday fir the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan,Chairman Published in the Eagle Tribune on une 23&30,2003. Legalnotice 2003-022 Jul 09 03 02: 05p Law Offices 9787942089 p. l Town of North Andover NaR P�w4w Office of the Zoning Board of Appeals � Community Development and Services.Division 27 Cbarles Sheet ""* �..s,-. • North Andover,Massachusetts Ui845 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Date WUlfe1:3 03 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 I (—/3,ECAusE of R (AcX of Pvt 60 Uot/a,6 /ri►t✓/>ti�se2s� Please be advised that I have agreed to waive the time constraints g Board of appeals to make a decision regarding the granting of a Variance and/ Special Perini yr property located at: STREET: TOWN: _ _- atf-k- A Wo u,r t M4 MEETING DATE(S): CoW-i p jc T-a NExt 1219 uc" I EF_ fi�-Iluyu,t�t/��aaoI NAME OF PETITIONER_IyA s fixUa,P,2 Signed: /petitioner( (r petitioner's repfewntative3 A1�IR�es f� 11tf Bu�s2d 4��; � T4i gMite4or ekwhauk To vF<0n917 0,&,a wuu /,N Cie-Mik-k &"rA At- (,40.09*a '4169ft, l200'/dis"O'., 7o wcor-r AN 000f04080 6,Wf. 4,*l o6f,4ij WAIVER f4* C ARAil1.r-rio,.J 7;j/ Cc L usAe(ocrloP, /�1 �oc�N 1�,Pi1�7�7xi119 EN IO6rflOC4 eXcFor /�e)/W/�t/�e 1�ieW,-r A-4.1 [f0�(!�',(/QG LS IIi�U� .��N �I/REs�• T,4 f �r�Tib>J Ea //9.t (°��+,oGsrE-✓ ��c � .z� sC T1s/ �n 'o� T,�s 8t--7ft-:f A—d /s co4N,9,#'fd 7's 711E Nawtccicy,-iod PhAffr, pN o.�dsz A gbw-r nit 'duspigs-, loC'0770✓0, BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9515 JW b - 2003 BOARD OF APPEALS Jul 08 03 02: 05p Law Offices 9787942088 p. 1 ToVM of North Andover ' Ofw4ao y'Sh Office of the Zoning Board of Appeals Community Development.and Services.Division sa •" 27 Owles Street North Andover,Massachusetts 01845 �swcaws ` D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax (978)688-9542 Date elle 0 3 C_, C TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 > < r r_ cq M > N 68iCAusir of R CAcX of kVZ 60 Uo•j-i►,,6 A�tr✓mss�2.c� __ Please be advised that I have agreed to waive the time constraints Board of appeals to make a decision regarding the granting of a Variance mW/ Special P or property located at_ STREET: TOWN: atth. A.ude u-c t 'M!6 d0le V1 " MEETING DATE(S): �00410QC To NExt�3U(A-b &Fthro -,OU QF M 29003 NAME OF PETITIONER�l i 1,,�LJd,,u; Signed: etitioner(,@(r petitioner's repiesentativel JOW /114q rbls q jht 46%md 4f/ fit-i AAatI4iur ebw thawSr To NF4on 97f x,-j wat It /,i Good-fA,t-t, &,„rx AL 64LuA9*a f}rrlA,ut /'°��s.t�cw 7o FrCECr�7't A,d ifCCYas�a�Cs �E.uf, ham/ oat,�rr� ��i�r►�rs�oN Fri WAIVER Al Co.hAll-NINA) 775 CO A►tA I-Oct rourrca�cTi��. /�1C ww�, r hleuc ,�Ery fP6rtl#jc4 EXc&pt- fod 0ou&lR6ra4s ofouc 4EEw 41tia, r4 r &t h*j w,47Y -,;o4 Assets'of n s ?-ta41t A."d A COM,910'GI 71b '7h( ['o dtA1UCY-io,d Ahoie., /,W o.?dbz A /flour ni d0xi&,Fs1 /oc•o770,P, BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 JUL 8 - D 2003 BOARD OF APPEALS Town of North Andover F NgRrN 1 Office of the Zoning Board of Appeals 0? Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 CH D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax (978)688-9542 Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 G, Please be advised that I have agreed to waive the time constraints for the North-- `�} Andover Zoning Board of Appeals to make a decision regarding the granting of a-O co 70 C3 C:, l.�1 Variance cn pedal Permit Post-it®Fax Note Comprehensive Permit (40B) To 7671 Date /�-o pages / LA PNS From Finding Co./Ddpt. Co. Phone# Phone# Fax for property located at: Fax# STREET: `� 1—n�Int-✓�� a' Se e�— -- TOWN: TO MEETING DATE(S): � Q��2-023 NAME OF PETITIONER ; / ` c, C-0 F Signed: Pe ' loner (or petiti er's representative) Ily WAIVER I Board o� peals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 JUN 1 0 2003 Lj BOARD OF APPEAL May 14 03 02: 36p Law Offices 9707942088 p. 1 May 14 03 01:59p NORTH ANDOVER 9786889542 p.3 MOMN Town of North Andover Office of the Zoning Board of Appeals41 = a Community Development-and Services Division Com t3' 27 PCharles Street North Andover,Massacimsetts 01845 Telephone(978)658-9541 D.Robert l•Iicetta Fax (978)688 y542 Building Commissioner Date ht — TO: To%vn of North Andover i Zoning Boardof Appeals 27 Charles Street Noah Andover MA 01845 i I Please be advised that 1 have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance ecial Permit' Comprehensive Permit(40B), Finding i for property located at: STREET: TOWN: TO MEETING DATE(S): .ut 3 S�cT�3 NAME OF PETITIONS Signed: titioner(or oner's represents lve) AM. DOMEMIC J. SCALISE 8P MA1N STREET ltDRM AlpOYERA01845 WAIVER 8oird oFApWis 978-6S8.9541 Building 978-688-9545 Coasmaiion 978.688-9510 Fj mrM 978-688-9540 Plmmin9 978-688-9535 p � C� [� OMC� M AY 4 20 03 D . BOARD OF APPEALS May 14 03 02: 360 Law Offices 9787942088 p. l May 14 03 01:59p NORTH ANDOVER 9786889542 p.3 Town of North Andover eaIsZ `"�MN.•$` Office of the Zoning Board of App a Community Development-and Services Division 27 Caries sweet �' �' North Andover,Massaclinsetts 01845 D.Robert Nticetta Telephone(978)688-9541 Fax (978)688-9542 13uildirig Commissioner Dateao — TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA Ol 845 Please be advised that I have agreed to waive the time constraints for the North Andover'Lotting Board of Appeals to make a decision regarding the granting of a _ Variance cial Permit Comprehensive Permit(40B), Finding for property located at: STREET: 5 a '4--,Q 56ftvc�O�( Town: u��a TO MEETING UATE(S): � LLSirf•�3 _ 3 NAME OF PETITIONS ("W C'' � a[;tAi Signed: titioner(or ner's reprme enta we) ATl1'. DOM IC J. SCAUSE M MAIN STREET MM AIWM.MA 01845 WAIVER 9oird of•MD��978-688-9±41 pudding 978-688-9545 Conservation 978.688-9530 WaIB+978-688-9540 Plmwing 978-688-9535 MAY 1 412 0 013 D BOARD OF APPEALS May 14 03 02: 36p Law Offices 9787942088 p. 1 May 14 03 01:59p NORTH ANDOVER 9786889542 p. 3 Town of North Andover Office of the Zoning Board of Appeals a Community Development-and Services Division 27 Ovules street North Andover,Massackmsetts 01845 D.Robert Nicetta Telephone(978)688-9541 Building Comn:issiarer Fax (978)688-9542 Date TO: Town of North Andover Zoning Board of Appeals - - 27 Cf #of -- —+ NOTtI 7671 Date 3 pages Post-its Fax Note 1 i From To n - m� C o t—y i Co./D t. rth Dr71 L,T Pleas( # '?�2`-' :. Phone# N J Andover'Lon Fax# Fax# —7 � (� ---' CJ van', `pedal Permit- Comprehensive Permit(40B), Finding for property located at: STREET:_. TOWN;- Ajjat°Usti /� TO MEETING DATE(S): gut"Jul sict'o3 3 NAME OF PETI-1'IONE Signed: titioner(or oner,s representa ive) AM. ODIC J. SCAUSE 90 PAIN STREET ON A1106YEI M PINS WAIVHA -688-9535 9nird of AVpeats 978-6�8-9541 Buildings 978-68S-9545 Conseryation 978-688 953D lj,,W 978-688-9543 Planning 978 MAY 1 4 2003 Di 130ARD OF APPEALS HP Fax K1220xi Log for NORTH ANDOVER 9786889542 May 14 2003 2:07pm Last Transaction Date Time Twe Identification Duration Pales Result May 14 1:58pm Fax Sent 89787942088 1:15 3 OK May 14 03 02: 36p Law Offices 9787942068 p. 1 May 14 03 01:59p NORTH ANDOVER 9786889542 p.3 Town of North Andover .... Office of the Zoning Board of Appeals Community Development and Services Division -y 27 Charles Street North Andover,Massachusetts 01845 'aaAc D.Robert Niiccctta Telephone(978)688-9541 Ouddirig Contruiswioner Fax (978)6$8-y542 Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 please be advised that 1 have agreed to waive the time constraints for the North Andover'Zoning Board of Appeals to make a decision regarding the glinting of a Variance peeial Permit, Comprehensive Permit(40B), Finding for property located at: STREET: SLSt cAQ 21 E f --�► /0 TO MF.ET'!NG DATE(S): �uti,�lCs � S��'�3 _ 3 NAME OF PETITIONE :, �Ll T� heti �v Signed: - _ titioner(or boner's representa ive) AM. DOMIENIC'. J. sCAUSE 00 84111 STREET It08111 AlpOttE X 01845 WAIVER 9oard oFAppcals 978-658.9i4 t Building 978-688-9545 Conservation 978.688-9530 H'mN,978-688-9540 Planning 978-688-9535 -- U D MAY 14 2003 BOARD OF APPEALS s 13 - a3 zsg - l7ol boo VJs /s loo 4e lO l� � LDn�roS r .. ,.. .�ITT MGLENNON MGL NNON Microsoft Word - Forest Glen I & II mutual 03-02-10 12:56 ......... ........ ................. .................. .................. ................................ ................................... ............. ........ ............................ ....................... ..................................... ................................................. ................. ..................................... ................................................. f .J 03 APR 1 7 2003 D BOARD OF APPEALS REQUEST FOR BUDGET REALLOCATION FY To:DIRECTOR OF FINANCE Department No: 1760 From: M.Glennon Department Name:Zoning Board of Appeals Date:4-16-03 THIS IS TO REQUEST A REALLOCATION OF THE CURRENT YEARS OPERATING BUDGET FOR THIS DEPARTMENT.THE DETAILS OF THIS REQUEST ARE LISTED BELOW. R all from Account Amount Reallocation to Account Amount \,001-1760-5423 $10.95 001-1760-5270 $10.95 DETAILED E =were OF WHY REQUEST IS SOUGHT. Please give line item names fro where the reallocations are coming from and going to,why you are reallocating from that account, d what the reallocations will SPECIFICALLY be used for. The Dell contract bill has late charge om October,2002,or$4.95 x 6=$29.70 $33.03/month x 12=$396.36: $425.0 was allocated for fiscal 2003,with$28.64 extra included for late charges. Dell invoice 28-1615602 LC is for$29.70,so$1.06 extra will be needed to pay it. Requesting an additional$4.95 x 2=$14.8 or possible May and June late charges,as well. Funds Available? Divi 'on Director Signature YES NO Approved? YES NO Tow Accountant Finance Director Date April 7, 2003 To: Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 From: Victor and Debra DiDonato 60 Inglewood Street North Andover, MA 01845 CC: Walter Soule William Sullivan John Pallone Robert Ford Ellen McIntyre George Earley D Odd D APR 7 ., Z003 BOARD OF APPEALS April 7, 2003 Dear Members of the Board of Appeals, This letter is to update you for the next meeting scheduled for May regarding Napoli Trucking Co. First, back at the November 2002 meeting, we requested that the "back hoe' be removed This was in view of my dining room window. This was granted Just to inform you that it was removed and back a couple of days later and has remained there ever since. #2) The washings of the trucks which are oil, sludge and soap scum continue to run down the street and pass our home. #3) During a winter storm this year, the NAPD were called regarding the truck drivers parking at the bottom of Inglewood Street. This made it impossible and difficult for the town to push and remove the snow beyond our driveway creating an enormous snow bank and giant mess. There is ample parking at the Napoli Trucking Co. driveway at 52 Inglewood Street but Louis Napoli will not accommodate this. On one particular occasion and another very big storm, NAPD Lt. M. Davis was notified and sent down Sgt. David Patenaude. John Cyr from the DPW and Bill Murshek were also notified John Cyr showed up with the NAPD and promised to have this mess cleaned up for us. Another meaningless promise was all that that was. NAPD as I was told was to issue citations to these vehicles for parking illegally during a snow ban and snow emergency. Of course that was not done either. #4) On town time, Louis Napoli came to his construction site at 52 Inglewood Street with his back hoe and cleaned up his driveway. He piled this snow onto my front lawn and into the street, about another 4-5 inches. The snow just recently melted so you can imagine the amount that was there. The DPW and NAPD were again notified and nothing was done. The snow contains residue of oil and diesel that we have to pay to have removed from our property. This will be a civil matter that the courts will have to decide upon. #5) In the month of February 2003, we called the NAFD regarding a steady stream of diesel fuel running down the street (approx. 2'-3' wide) with that was a very prominent odor. The NAFD did respond but to our knowledge nothing was done. p g g This occurred three days in a row. #6) On 4/1/03, we called the EPA and spoke to our contact Mark Cosella regarding the steady stream of oil, diesel, etc. that comes off from the trucks when they are being washed down the street. Mark stated that "Napoli Trucking Co." was already issued a Level One Violation and if violated further would result in stiff monetary penalties. Mr. Cosella was going to consult a gentleman named Dave who has been to 52 Inglewood Street with the NAFD for inspection. #7 On March 25 2003 while raking trying and t in to do some yard work (cleaning up the mess that was dumped on us) the elder Mr. Napoli approached us on our "property line", became verbally abusive and attempted to start a physical altercation. He thinks that he owns the land where the drivers park the trucks and cars and did not want us near that area. #8) The Board of Appeals gave Louis Napoli Jr. a deadline to move of 5/1/03. According to the planning board, this "case" is still in the `planning stages" so therefore 5/1/03 is just a dream or should I say a continued nightmare for us. We understand it is now up to the Planning Board but can't The Board of Appeals give Mr. Napoli a hard and fast deadline. This case has been on your docket now for almost 2 years and we are hoping that you also would like to get this resolved Can't you give "Napoli Trucking Co. " a "cease and desist of operations" at 52 Inglewood Street immediately? We really cannot live like this anymore and it is getting of out control and out of hand Tensions are very high. I work a third shift at a local hospital and cannot sleep while they `play"up and down the street. Please give them a deadline and make them adhere to it. It should not matter where he works out of as long as it is not here! The Board of Appeals has been more than gracious with allowing Mr. Napoli to operate at 52 Inglewood Street but please give him a strict and enforceable time limit because he will only take advantage and prey on your kindness. Sincerely, Victor & Debra DiDonato Town f ORT III ® ® l�®rt� Andover Of N M q ttteo ,s .( Office of the Zoning Board of Appeals ' °' '' p Community Development and Services Division * i 27 Charles Street " 9 41 North Andover,Massachusetts 01845 9ss gCH us D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 Date—, .a / 0 - I TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and/or S cial P t for property located at: l STREET: J �- e wovd TOWN: C Tn &VI dt)Ve r MEETING DATE(S): M�v, L `f , r�o0'3 � Y NAME OF PETITIONER• tr V, W Signed: �- �z Pe Toner (or petitio, is representative) T r n rr i D'` :;u 00A.- O�1CJ CD�:acn c: M )> w : WAIVER NIDE,611A, (WJX-P ALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 BOARD OF APPEALS Town of North Andover %►°RTM Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street '� •> North Andover, Massachusetts 01845 gCHU t D. Robert Nicetta. Telephone (978)688-9541 Bzrilding Commissioner Fax(978)688-9542 Date p U zzi TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and/or Special Permit for property located at: STREET: J1 zut lr&—c oe V44 ,eecf TOWN: __ ltlo 2f,/ MEETING DATE(S): 03-uf Y-0 NAME OF PETITIONER: Signed: Petit' er (or petiti er s representative) c_ ^ o c)r,..} M,M co ��:7jCI7 7a > WAIVER W ^ �7 CTI BOARD OF AP S 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Nov 1112 2002 i BOARD OF APPEALS vt� { cb 70 w -�-- Colt cl � me e+ yoCki ® � �. ?� o CTo --7/ X415 L�tM Wl G-��iJl Phi NOV 2,0 2002 �. BOARD OF APPEALS 61,11 l Town of North Andover Office of the Zoning Board of Appeals , 0: Community Development and Services Division .� . 27 Charles Street North Andover,Massachusetts 01845 'SSACNus�� D. Robert Nice Telephone(978)688-9541 Building Commissid er : Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: 94 Lyman Road NAME: Barbara E.Connblly HEARING(S): /10/02, 10/8/02, & /1/1-2/02 ADDRESS: 94 Lyman Road \ PETITION: 2002-032 North Andover,MA OIS45 TYPING ATE: 11/14/02 The North Andover Board of Appeals held a public hearing at itsWgn meeting on Tuesday,November 12,2002 . at 7:30 PM upon the application of Barbara E.Connolly,94 LyRoad,North Andover,MA requesting a Variance from Section 7,Paragraph 7.3 a4Table 2 for left si setback on a proposed addition;and a Special Permit from Section 9;Paragraph 9.2 to allow or the a ion of anon-conforming building on anon-conforming lot,with frontage on the Northwest side of Lyl Ro.d w�diin the R-4 zoning district. The following members were present: Willi ullivan,Walter F. Soule,John M.Pallone,Scott A.Karpinski, . Ellen P.McIntyre,George M.Earley,an oseph D.LaGrasse. Upon a motion by Scott A-Karpin i and 2nd by Ellen 1 McIntyre,the Board voted to DENY the petition on the grounds that there was no prop f any soil,shape,or topography issues to validate a Variance request;and to DENY the petition for a S lal Permit because the lot si is the smallest house lot in the neighborhood. An addition would force th pplicant to place parking in front bf the dwelling,either too close to the house or into the Town street margin. oting to deny: William J. Sullivan,Walter F.Soule,Scott A.Karpinski,and Ellen P. McIntyre. Votin favor: John M.Pallone. To of North Andover Boar of Appeals, William J. ullivan,Chairman ! Decision 2002-032. Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION r` Metropolitan Boston —Northeast Regional Office JANE SWIFT Governor � I V B DURAND Secretary SEP 3-012002 OCT 0 2 2002 LAUREN A.LISS BUILDING r.Commissioner Napoli Trucking Co.,Inc. 52 Inglewood Street RE: BWP—NORTH ANDOVER North Andover,MA 01845 NONCOMPLIANCE with M.O.L. Chapters 21 C &21 §43 (2) 310 CMR 30.000 314 CMR 3.00-7.00 HW-Non-notifier Attention: Louie Napoli VSQG-Waste Oil IWW-Non-notifier FMF Facility#370357 File No: NON-NE-02=9137-2A RE: NOTICE OF NnNCnMP IANCE ENCLOSED IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. Dear Mr.Napoli: Department personnel have observed that on September 5,2002,activity occurred at Napoli Trucking Co.,Inc.,52 Inglewood Street,North Andover,Massachusetts in noncompliance with one or more laws,regulations, orders, licenses,permits, or approvals enforced by the Department. Enclosed is a Notice of Noncompliance which describes(1)the activity referred to above, (2)the requirements violated, (3)the action the Department now wants you to take,and(4)the deadline for-taking such action. An administrative penalty may be assessed for everyday from now on that you are in noncompliance with the requirements described in this Notice of Noncompliance. n This information is available in alternate format by calling our ADA Coordinator at(617)5746872. U 05A Lowell St. Wilmington,MA 01887 . Phone(978)661-7600 . Fax(978)661-7615 . TTD#(978)661-7679 ®CIT ry 9 —12 0 012 �J Web Site:http://www.Mass.Gov/DEP Z«1 Printed on Recycled Paper 130ARD OF APPEALS J I f Napoli Trucking Co.,Inc. Notice of Noncompliance Notwithstanding this Notice of Noncompliance, the Department reserves the right to exercise the full extent of its legal authority in order to obtain full compliance with all applicable requirements, including,but not limited to,criminal prosecution, civil action including court-imposed civil penalties, or administrative penalties assessed by the Department. SOURCE REDUCTION OPPORTUNITIES You may be able to cut environmentally driven costs and possibly reduce the regulatory requirements and fees applied to your firm if you eliminate or reduce the use of toxic materials or the generation of wastes (referred to as "source reduction"). As a result,you may save money, and improve quality and productivity. Moreover, tracking-annual usage of toxic substances and-other inputs;if you are not already doing so,may lead to identification of additional source reduction opportunities. For further.information on source reduction of toxics and other waste you may contact: * the Office of Technical Assistance(617-626-1060)for free, confidential technical assistance including on-site assessments,financial evaluations,and other resources. * DEP's Toxics Use Reduction Implementation Team(617-292-5870)for guidance material on TUR planning. * the Toxics Use Reduction Institute(978-934-3262)for courses for certified Toxics Use Reduction Planners. Should you have any questions relative to thismatter,contact David P. LaBrode of this office at the letterhead address or by calling(978)661-7632. Very truly yours, ��r � Edward J.Pawlowski Chief, Compliance and Enforcement Bureau of Waste.Prevention EDPI)sk Certified Mail cc: Fire Dept., 124 Main St.,N. Andover,MA 01845 Board of Health,27 Charles St.,N. Andover,MA 01845 OTA, 251 Causeway Street, Suite 900,Boston,MA 02214-2136 Attn: Richard Bizzozero NERO—LaBrode, Casella Napoli Trucking Co., Inc. Notice of Noncompliance Page A- NOTICE OF NONCOMPT.T A NCF NONCOMPLIANCE STIMMARy NAME OF ENTITY IN NONCOMPLIANCE: Napoli Trucking Co.,Inc. LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 52 Inglewood Street,North Andover,Massachusetts DATE WHEN NONCOMPLIANCE WAS OBSERVED: September 5,2002 DESCRIPTION OF NONCOMPLIANCE AND OF THE RFO1J1REMENTSNOT COMPLIED WITH-- Personnel from the Department conducted a compliance inspection at Napoli Trucking Co.,Inc. The following are the observed violations: HAZARDOUS WARTF . (1) . 310 CMR 30.353(5): On the inspection date,it was noted that Napoli Trucking Co.,Inc. is accumulating waste oil but is not registered with the Department as a Very Small Quantity Generator(VSQG)of waste oil. The regulation requires...A very small quantity generator shall register with the Department by notifying the department in writing of its activity involving hazardous waste or regulated recyclable gu y material. If the Department pres cubes a form for such registration,the generator shall use such form when submitting such registration. Such a registration shall be signed and submitted in compliance with 310 CMR 30.006 and,30:009. The generator shall follow such procedures as may be required,requested or authorized by the Department to.obtain and keep his status as a very small quantity generator. If the very small quantity generator intends to transfer custody or possession of the hazardous waste or regulated recyclable material to another person or persons, the registration shall set forth the name, address, and EPA identification number,if applicable, of each such person. If the very smalluanti q h' generator intends to itself treat or recycle the hazardous waste or regulated recyclable material, the registration shall set forth the process by which the hazardous waste or regulated recyclable material shall be treated or recycled. If the site has an EPA identification number;or has been assigned an identification number by DEP,that number shall be included in the registration. An-identification number for the site is required if the very small quantity generator is using a manifest. (2) 310 CMR 30.353(7)(h):Napoli Trucking Co.,Inc. has illegally transported- hazardous waste from their facility in North Andover without having Registered with.the Department as a very small quantity generator. The regulation requires..Avery small quantity generator may transport hazardous waste off the site of generation without having to obtain a license to transport hazardous waste or a vehicle identification device for the vehicle in which the hazardous waste is transported, and without having to use a hazardous waste manifest,but only if the following requirements are met: Napoli TruckingCo.,CInc. Notice of Noncompliance Page-2- I- 2-1. At all times while hazardous waste is in the vehicle, a copy of the generator's most recent registration with the Departmentshall be in the vehicle ata location where the operator of the vehicle can obtain quick and easy access to it. Said registration shall be made available to the Department or law enforcement personnel on request. (3) 310 CMR 30.253(9)(b), (refers to 30.353(9)): On the inspection date; receipts for waste oil shipped offsite.to Torromeo Industries were not being kept onsite. The regulation requires...If a hazardous waste manifest does not accompany a shipment of hazardous waste generated and transported by a very small quantity generator to a person described in 310 CMM 30.355(8),the person receiving that material shall give to the very small quantity generator delivering the material, and the very small quantity generator delivering the material shall receive from the person receiving the material, a receipt for the material. Said receipt shall set forth the content and quantity of-the-material and the date-of delivery. Said receipt shall-be-signed by both the person receiving the material and the very small quantity generator delivering the material. Said receipt shall consist of two copies,one each for the person receiving the material and the very small quantity generator delivering the material. The person receiving the material and the very small quantity generator-delivering the material shall keep these receipts in their records for at least three years after possession of the material is transferred from the very small quantity generator to the p g . . ... . _ p q erson receiving the material. Such records shall be furnished upon request of and made-available at all reasonable times for inspection by,any duly designated officer,.employee,or representative of the Department, or of the EPA. This period shall be extended automatically during the course of any unresolved enforcement action regarding the activity in question, or as requested or ordered by the Department. (4) 310 CMR 30.253(5)(c), (refers to 30.353(6)(g)),(refers to 30.682): One 55-gallon container of waste oil was not marked with the words "Hazardous Waste" "Waste Oil",or "Toxic". The regulation requires that...Throughout the period of storage,the side of each container of hazardous waste shall be clearly labeled and marked in a manner which identifies, in words; the hazardous waste(s)being stored in that container(e g.,waste oil), and the hazard(s)associated with the waste(e.g.,toxic).Each container shall also be marked with the words"Hazardous Waste". Containers accumulating waste oil(in VSQG quantities)shall be marked with following information: (1) The words "Hazardous Waste'; (2) The words "Waste Oil". (3) The word"Toxic";. Marks and labels shall be placed on the sides of each tank or container in such a manner that they are clearly visible for inspection. i Napoli Trucking Co., Inc. Notice of Noncompliance Page-3- (5) 310 CMR 30.253(5)(c), (refers to 30.353(6)(h)), (refers to 30.340(1)0)): A sign with the words "WASTE OIL" was not posted in the waste oil accumulation area. The regulation requires that...all areas where waste oil and/or used oil fuel is accumulated or stored shall have posted at all times a sign with the words "WASTE OIL",in capital letters at least one inch high. (6) 310 CMR 30.253(5)(c), (refers to 30.353(6)(h) (refers to 30.340(1)(k)): The waste oil accumulation area was not marked clearly from generation areas. The regulation requires that...all areas where wastes are accumulated for the purposes of complying with 310 CMR 30. 000 generally shall be clearly marked e.g.,by a clearly vi sible line or piece of tape on the floor, or by a gate or fence,or by a sign at the boundary of a clearly distuiguishable area)so that they are clearly distinguishable at all times from all specific points of generation where-wastes are initially accumulated solely for the purpose of 310 CMR 30.340(4), and from all areas at the site of generation where wastes are not accumulated. (7) 310 CMR 30.253(5)(c),(refers to 30.353(6)(g)), (refers to 30.685(1)): On the inspection date the 55-gallon container of waste oil was found to be open. The regulation requires...a container holding waste oil shall always be closed during storage, except when waste is being added or removed. In the event that Federal, State or local law or regulation requires a container to be vented;the container shall be vented in a manner that does not present a threat to public health,safety or welfare,or the environment. (8) 310 CMR 30.253(5)(c), (refers to 30.353(6)(h)),(refers to 30.340(1)(f)): On the inspection date,a 55-gallon container of waste oil was observed being accumulated on a surface which is not impervious, i.e. a floor drain was located nearby. The regulation requires...underlying all containers and all above-ground tanks in which hazardous waste is accumulated shall be a surface that is designed and at all times operated so that it is free of cracks and gaps and is sufficiently impervious to contain leaks, spills, and accumulated precipitation until the collected material is-detected and removed. All aboveground tanks shall be placed so that all the surface beneath each such tank can be inspected for spills and structural integrity. I DUSTRTAL WASTRWATFR (1) Untreated industrial-effluent was discharging to surface water,the Shawsheen River,(via runoff from outdoor vehicle washing)without a permit and plan approval issued by the Department. Napoli Trucking Co.,Inc. also has a floor drain located in the garage that discharges to the surface of the ground. The discharge point is located in the rear of the building. Napoli Trucking Co.,Inc. Notice of Noncompliance Page-4- (1) M.G.L. c. 21, s.43(2)provides, in part, as follows: "No person shall discharge pollutants into waters of the Commonwealth nor construct,install,modify, operate or maintain an outlet for such discharge or any treatment works,without a currently valid permit issued by the Director. No person shall engage in any other activity that may reasonably be expected to result, directly or indirectly,in discharge of pollutants into waters of the Commonwealth,nor construct, effect,maintain,modify or use any sewer extension or connection, without a currently valid permit issued by the Director,unless exempted by regulation of the Director." 314 CMR 3.03 (2 1) ( )provides,in part, as follows: "No person shall discharge pollutants to surface waters of the Commonwealth without a currently valid permit from the Director pursuant to M.G.L. c.21, s.43 and 314 CMR 3.00,unless exempted in 314 CMR 3.05. No person shall construct,install,modify,operate or maintain an outlet for such discharge or any treatment works required to treat such discharge without having first obtained a discharge permit in accordance with 314 CMR 3.03 and written approval from the Director for such activity. Any person who discharges or proposes to discharge pollutants to surface waters of the Commonwealth may obtain a permit by filing the appropriate application forms in accordance with 314 CMR 3.00 and 2.00." ACTION TO RF TAKFN, AND THE DFADT TNF FOR TAKING SUCH AC 31ON -)I IS WA ST (1) Immediately upon receipt of this Notice,notify as a very small quantity generator of waste oil by submitting the notification.form. Within thirty(30)days of your receipt of this Notice, this office must be in receipt of written confirmation that this has been done. (2) Napoli Trucking Co.,Inc.may self transport hazardous waste only if it is properly Registered with the Department, is in possession of a copy of the registration, and is in full compliance with 310 CMR 30.353(7), (a)through(i). Within thirty(30) days of your receipt of this Notice,this office must be iri receipt of written Iconfirmation that this will been done. (3) Immediately upon receipt of this Notice,keep appropriate receipts of all hazardous waste shipments, in accordance with the above referenced regulation. Within thirty(30) days of your receipt of this Notice,tliis office must be in receipt of written confirmation that this has been ^ D 1 " fes, III r I PHOENIX COLLABORATIVE ARCHITECTS WAKEFIELD MASSACHUSETTS (781) 246-0988 '� PETER L SANDORSE A.I.A. PRINCIPAL NOTE: i ALL DIMENSION TO BE FIELD VERIFYED 4 GHEGKED. GONTRAGTOR TO REPORT GHANGE5 AND OMISSIONS TO ARGHITEGT. i ti 1 N proper guidance. Napoli Trucking Co.,Inc. Notice of Noncompliance Page-6- c. Within thirty days from the date of this Notice,submit an NPDES permit application form for the illegal discharge to: U.S.EPA Region 1 Water Management Division Compliance Branch One Congress St. Boston,MA 02109 and DEP/DWPC/Technical Services Section r P.O.Box. 11.6 North Grafton,MA 01536 Attn:Paul Hogan and DEP/Industrial Wastewater Section 205A Lowell Street Wilmington,M-A_01-887 d. Recycle this wastewater by installing a recirculating system. (4) Within thirty(30)days of receipt of this Notice this office must be in receipt o written confirmation as to the actions taken or planned to correct the industrial wastewaterf violation(s)cited herein. DATE:-4 3 d Ze;o Z. Edward J.Pawlowski Chief,Compliance and Enforcement Bureau of Waste.Prevention David?.LaBrode Environmental Analyst Certified Mail P:�DL✓sk I I i Town of North Andover tkORTH Office of the Zoning Board of Appeals t-o t�c� bgtia„, }f Community Development and Services Division 27 Charles Street �AAtEO �y� North Andover,Massachusetts 01845 "Ss�c„usE` D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street � �- North Andover MA 01845 7; ! Fri-R. cocGic� Please be advised that I have agreed to waive the time constraints for th Zo>�� Board of appeals to make a decision regarding the granting of a Variance and Mr Spe°cia Permit; or Finding for property located at: a- STREET: TOWN: y6 4�/�/�r]2r MEETING DATE(S): � �� NAME OF PETITIONER: 0" O D 1► YUPzvi!' Signed: , ✓ - 1 Petitioner(or pet' 'oner's representative) WAIVER BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688- 9535 Jun 11 02 02: 35p Law Offices 9787942088 p. 1 Jun- 11-02 13:b0 P.01 Town of North Andover NO�fy Office of the Zoning Board of Appeals �+ • ` °4 Community Development and Services Division • . . : 27 c 1t►tr)es Street '�.�Le.��• Kurth Andover,Massliltusctts()1Ft45 1).Robert Nicetta Tetcphone(978)6$8-9MI Buddink(''11r)n)is.cinger Fax(97R)688-9542 Date_ r ev C-) CD -{ �C--)�) .r.+ _J.. co C-1 TO: Town of North Andover r Zoning Board of Appeal. o;:a Cr)c, 27 Charles Street -0 rTI North Andover MA 0 184 - C--) 01 Please be;advised that 1 have agreed to waive the time constraint: for the"Zoning Board of appeals to make a decision regarding the granting of it variance and/or Special Pe;nnit for property located at: 411 STREET: TOWN: MOLTING UATI'(5): Su►4II 1 "3 L D 0 H � 1� NAM OF PETMONEtt: Signed: �- Pe inner for pe tit 6r's r prese tativej WAIVER Kt1ARhOF,�FFtigltin%%AStiV KI)UTIINi;I,RA.!ltiag ('ONSI'KVgIN)N(.gK4ji(1 O1„gt,IMnxx-gSdU Pt.\NNINGAali-05.15 q4 p TO ------- DATE TIME 4gs. Q, 'PHONE ^� M D FROM g 1 1 1 CELL1 `7b I ( ) H , l OF 1 _LFAX -�-Ge-j SIGNED O E-MAILADDRESS _ CALL ��'�7I RETURNED WANTS TO❑ WILL C LL❑ WAS IN ❑ URGENT❑ PHONED❑ BA^"y ❑— S--- EEYDUAGAIN_ i p DATE TIME AM TO 1/�at��►,PI Wi v ► JI�j11��' (,{q PHONE `� ✓``� p FROM 7[�-� J� + CELL( <�A H OF t 1 i1J� lr�� FAX ( -- Y G t' I ! ED n IGN 1 S E -EAILADDRESS _ URGENT 4� PHONED❑ ggCK❑ CALL RNED❑SEE YOU❑ AGAIN ALL❑ WAS IN ❑ ORT Town of North Andover o� N M q St LCD I° Office of the Zoning Board of Appeals o Community Development and Services Division ;, y 27 Charles Street ' °jwreo�`y� North Andover,Massachusetts 01845 4ssacHusEt D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax(978)688-9542 Date }— N C= CJ L.. .�-EMri TO: Town of North Andover Zoning Board of Appeals -o oI 27 Charles Street _ ,,, D> North Andover MA 01845 0- Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and/or Special Permit; or Finding for property located at: STREET: TOWN: Y► h OD11•t� MEETING DATE(S): C (9 T , >7a�� y� 13, aflZ. NAME OF PETITIONER: li Signed: V,�,�QA AAX Peti ' ner(or petitions representative) WAIVER BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688- 9535 Town of North Andover o� r►ORTH Office of the Zoning Board of Appeals . o F' 71 Community Development and Services Division 27 Charles Street 'e• •,.4 " ys K North Andover,Massachusetts 01845 sacHusE D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax(978)688-9542 Date �" 0}— N V L �-i-` -i CDC-) .wmrV; TO: Town of North Andover Zoning Board of Appeals o m o i 27 Charles Street M D North Andover MA 01845 ZE a- Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and/or Special Permit; or Finding for property located at: i STREET: TOWN: Y l AN-)ay-tie- MEETING DATE(S) -)QV-t►e-MEETINGDATE(S): C61�1Ih10d AYe, Ysf 13, 2-019 t 1 NAME OF PETITIONER: e Signed: AAX Peti ' ner(or petitione representative) WAIVER i BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688- 9535 Town of North Andover µORT{ a Office of the Zoning Board of Appeals o opt �bg e . k , 4 4_:r . 6 Community Development and Services Division * : y - y 27 Charles Street �*.,• » '� � t North Andover,Massachusetts 01845 ssacHuse D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax(978)68.8-9542 Date N _ U (_ —i-< C _S CD -m 7G7C' TO: Town of North Andover — c r'= Zoning Board of Appeals -� o M o r 27 Charles Street77 North Andover MA 01845 a- Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and/or Special Permit; or Finding for property located at: STREET: Ll� i�✓DU� Sfr�ef TOWN: �ptrN�pV-t✓ MEETING DATE(S): L -� l9 NAME OF PETITIONER: 1 t Signed: AV Peti ' ner(or petitione representative) WAIVER BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688- 9535 I AIA PQ� 1 Date: 7/9/02 NAPOLI AIRPORT PROJECT Construction Schedule Item of Work I July I August I September I October I November ( December I January I February I March I I I I I I I I I I I Site Design I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i Planning/Permits I I I I I I I i I I i Building Construction I I I I I I I I I I I I I I I I I I I i I JUL 0 9 2002 BOARD OF APPEALS Jun 11 02 02: 35p Law Offices 9787942088 p. 1 Jun- 11-02 13:00 P.01 Town of North Andover NOAfy Office of the Zoning Board of Appeals •''` °4 Community Development and Services Division • a 27 CllilrIes Stl!`et i �:�L. .r• North Andover,M»ssiiltu5etts 01845 y�s�c.aactt� D,Robert Nicetta Telephone(978)688-9541 Building('<nr,mix.(inne, I ax(978)688-9542 Date_. /, 0?0 fl oZ CD--j < O rn t- rl � ste CD r-n TO: Town of North Andover Zoning Board of Appeal, .D o U)c� 27 Charles Street North Andover MA 01845 0 c.n Please be advised that I have agreed to waive the time constraints for the"Zoning Board of appeals to make a decision regarding the granting of it Variance and/or Special Pennit for property located at: STREET��j TOWN: 0 MELTING UATt(S): .SyIA C ✓Q +0 �, 00 L NAMf:Of PETITIONER• v/ Lij L Signed: Pe inner(or petit 6r' r prese tativ4) WAlYIiH HOARIIOFAPPEALS R8xA55{ WHInINC.69$-0545 ('()NSVHVATH)N(•$K9510 11PAL1HMR-9540 PIANNINGhhH-1535 v� f / f MAY 2 3 200 D z "OARD OF APPEALS HP OfficeJet Fax Log Report Personal Printer/Fax/Copier May-20-02 13:49 Identification Result Paees Tvne Date Time Duration Diagnostic 816173380122 OK 01 Sent May-20 13:49 00:00:26 002582030022 1.2.0 Z8 Town of North Andover Zoning Board of Appeals 27 Charles Street Zo ing Board of North Andover,Massachusetts 01845 Ap • eais phone: 978-688-9541 fax: 978-688-9542 To: Domenic J.Scalise, Esq. Re: ZBA meeting date change Fax: 978-794-2088 Pages: 3 Phone: Date: 5/17/02 ❑ Urgent ❑ For Review ❑ Please Comment *Please Reply ❑CC: Please fill out the two`waive time constraint'forms for: 52 Inglewood Street Special Permit, and 116-118 Beverly Street Variance&Special Permit Thank you, Mich I May- 17-02 13 : 25 P. 03 Town of North Andover V M0�77y Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles;Street *tom. o e4 North Andover, Massachusetts 02845 yea aAcKuO D- Robert Nicctta Telephone(978)688-9541 duildirtg Commissioner Fax(978)688-9542 Date IN / ,?00 N c= C... C:�I 1 rr, s} TO: Town of North Andover Nva Zoning Board of AppealsD o ren o 0 27 Charles Street ��s North Andover MA 01845 C? r J Please be advised that 1 have agreed to waive the time constraints for the Zoning.Board of- appeals to make a decision regarding the granting of a Variance and/or Special Permit for property located at: STREET: V �Ci �tl�O( Nf,� 7L TOWN:_ MEETING DXrE(S): �o s+P�n a �-o►y, -�� -D a 6 - Il- D a. NAME OF PETMON;E Signed: d P9finoner(or pet' oncr's represent tive) WAIVER RQ/�RD Ul'APPHAiS 688.9541 RI111.hINCi AMN-9545 U0NSENVATIhN 6H8-9.530 IIL:ALTH 6RB 9540 PLANNfNI_;6b;?i-7515 p MAY 2 02 002 BOARD OF APPEALS May- 17-02 13 : 25 P_ 03 Town of North Andover 4 14007101 Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles street " North Andover, Massachusetts OIR45 a�cwuma 17- Robert Nicctta Telephone(978)6814-9541 Budding Commissioner Fax(978)688-9542 Date &/ / a0 O N Ci C:D n i tV -L T CU TO: Town of North Andover — N n.bQ= Zoning Board of Appealsrn o n C) �cncn- D 27 Charles Street -< North Andover MA 01845 9P =D J Please be advised that I have agreed to waive the time constraints for the Zoning.Board of appeals to make a decision regarding the granting of a Variance and/or Special Permit for property located at: STREET: � tet/ ��a kA'Ie g's'f TOWN: _ 61 MEETING DATE(S): NAME OF PETITIONS Signed: P vioner(or pet' oner's represent tive) WAIVER HOARD Ui'AFFFAIS 688-9541 Rt1II.r)iNG 6X8-9545 C:0NSFR VA710N 688-2570 IIEAUM 688 9540 FLANNfNi;6hK-9535 IMAY2 a 2002 BOARD OF APPEALS May b, 2002 89 Mammoth Road Londonderry, N.H. 03038 Chairman Zoning Board of Appeals 27 Charles Street No. Andover, Mass. 01845 Dear Mr. Sullivan, I am writing you concerning the Napoli vs DiDonato dispute. The Napoli family is running a large scale trucking business in a residential area. There have been many complaints by the DiDonato's, and neighbors on Inglewood Street. Over the years Louie Napoli has turned a deaf ear to all of this. When he started his business years ago he started with two trucks, and over the years he has increased his business. He also has a backhoe parked on the property and the DiDonato's see it constantly by their dining room window. I spent a week at the DiDonato's the week of March 24, 2002. At that time I spoke with Louie Napoli's father and he said that Louie's business Is,"grandfathered" in. I ask, how many trucks did he have then and how many trucks does he have now? Also in talking with Louie Napoli's father he said to me, "we will see who has the biggest bank roll. " I have a question......Why doesn't Louie move his business and trucks over'to his own property? He lives on detwood St., the next street over. Louie Napoli has a right to make a living but he,also should consider has neighbors who have complained many, many times. The D06hato's have a raght to livAin"d guaet residential area free from noise and pollution that theNapola truckshave exposed theme ak' k - a fey �3 • to. The DiDonato's have been more than patient about this matter. I hope you fair decision. Thank you for your time. ro-- inc ly; 'Angelina,,F iDonato MAY 2 1 2002 D BOARD OF APPEALS y w g 7 '• ,n x, t \ h sof € a ,ry � r' V! � ao W 1' Rjj -< GLlammoth Road '� 7 D tsoondeiry, N.H. 03038 r n C:' z 5 If s, ' Idispute. The Napoli family is �Y. `area. There have been many, podStreet. Over the yea s;Loule ted his businessyears agoylie, sed his business. He by thalsohrzs,a it constantly eir dining" _ f..t. 4, 2002. At that time I s ress.is grandfathered" t:f1�4cks does he have now AZs�in l see who has the biggest (Q ness and trucks over to T � m could consider his neaghbor .t have a right to live in au oli trucks have exposed tlierrt ,, matter. I hope you make a t A, pet�k�� ',�+`• t�. , ..._ � � � � � � ii H h y 1. iDonato. .. t M A ,. . t :.BOARD OF APS ALS Nicetta, Bob From: Bradshaw, Joyce Sent: Monday, April 22, 2002 8:19 AM To: Benevento, Charles; Boles, Garrett; Byerley, Jacki; Camey, John; Contarino, Sue; Crudale, Paula; D'Agata, Donna Mae; Dolan, Chief William; Eaton, Janet; FERGUSON, JOHN; Fitzgibbons, Karen; Fogarty, Jean; Griffin, Heidi; Guyer, Jean; Hmurciak, Bill; Hmurciak, Linda; Holmes, Sue Ellen; Lagrasse, Brian; McEvoy, Jeannine; McGowan, Roberta; Mitchell, Ed; Morgan, Deputy Ed; Mongan, Jackie; Morrison, Diane; Nicetta, Bob; O'Neill, Kathy; Parrino, Julie; Pettis, Betty; Powers, Melissa; Rees, Mark; Ritchie, Carol; Robertson, Karen; Santilli, Ray; Savage, Lyne; Stevenson, Nancy; Starr, Sandra; FELIPE SCHWARZ(E-mail); Michael Garron(E-mail); THOMAS J. URBELIS(E-mail); WILLIAM E. ALLEN (E-mail); ROSEMARY SMEDILE (E-mail); Glennon, Michel Subject: MEETINGS ON ELECTION DAYS The Board of Selectmen has voted to call a Special Town Election for Tuesday May 21, 2002. Under the provisions of Chapter 40A Section 11 all public hearings held under the Zoning Act by city councils, planning boards, and boards of appeals must not be held on the day of a primary,causcus, or election. Although other meetings and hearings are not expressly prohibited,the Secretary of the Commonwealth recommends against holding any public hearings or meetings on these days. There are two State Elections scheduled in 2002. Tuesday September 17, 2002 and Tuesday November 5, 2002. 1 will notify you of any additional elections should they be called.��—gj� �-�2�-ti t4 e1'�Vir'12� ��• o/S�' Nicetta, Bob From: Bradshaw, Joyce Sent: Monday, April 22, 2002 8:19 AM To: Benevento, Charles; Boles, Garrett; Byerley, Jacki; Camey, John; Contarino, Sue; Crudale, Paula; D'Agata, Donna Mae; Dolan, Chief William; Eaton, Janet; FERGUSON, JOHN; Fitzgibbons, Karen; Fogarty, Jean; Griffin, Heidi; Guyer, Jean; Hmurciak, Bill; Hmurciak, Linda; Holmes, Sue Ellen; Lagrasse, Brian; McEvoy, Jeannine; McGowan, Roberta; Mitchell, Ed; Morgan, Deputy Ed; Morgan, Jackie; Morrison, Diane; Nicetta, Bob; O'Neill, Kathy; Parrino, Julie; Pettis, Betty; Powers, Melissa; Rees, Mark; Ritchie, Carol; Robertson, Karen; Santilli, Ray; Savage, Lyne; Stevenson, Nancy; Stan-, Sandra; FELIPE SCHWARZ(E-mail); Michael Garron(E-mail); THOMAS J. URBELIS(E-mail); WILLIAM E. ALLEN (E-mail); ROSEMARY SMEDILE (E-mail); Glennon, Michel Subject: MEETINGS ON ELECTION DAYS The Board of Selectmen has voted to call a Special Town Election for Tuesday May 21,2002. Under the provisions of Chapter 40A Section 11 all public hearings held under the Zoning Act by City councils, planning boards, and boards of appeals must not be held on the day of a primary,causcus or election. Although other meetings and hearings are not expressly prohibited,the Secretary of the Commonwealth recommends against holding any public hearings or meetings on these days. There are two State Elections scheduled in 2002. Tuesday September 17, 2002 and Tuesday November 5, 2002. 1 will notify you of any additional elections should they be called. ro �ou.2 rz- Vl�tc�viNC — �-� 30r 2�i 14+JnD11t;72� r��. oi8 * Ueeft Apr-25-02 13: 16 P-02 MORTN Town of North Andover o+,,..• 4 Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Str(let North Andover, Massachusetts 0-1845 a"c«rs 'Celephone(978)688-9541 D. Robert Nicctta Pax(978)6KR-9542 fluMing(-&wnismoner Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 please be advised that 1 have agreed to waive the time constraints 1hr the Zoning Board of appeals to make a decision regarding the granting ofa Variance and/or Special Permit;or Finding for property located at: TOWN: _._ . /� � ...Audo MEETING DA"1'F(S):�, o,, _d C— NAME. OF PETITIONF, �,�C� /c'U G�Ls� �� _ �(D -0 - j `) Signed. ��' GL - o titioncr(or loner's representative) or y -0 o��o w WAIVER DMMIC4&NlIN'`s� 1"MOM Sliest . . Na Ar&ww.MA 0180 S ANNIN6 fi%%-95;15 _ V. TON G%%-953Q 11i.11.1'}I f�8A 7_�Itl pi - C'rG%8-95A5 CUNSER AT .' tiRR 7541 R1i1LUIN UOARU(11•nPP}„11.1 D D APR 2 0 2002 BOARD OF APPEALS Town of North Andover N OR7 h Off. J dao Office of the Zoning Board of Appeals • Community Development and Services Division - 27 Charles Street ►o North Andover,Massachusetts 01845 �sswcHusE D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax(978)688_9542 FAX TRANSMISSION TO: S ` FAX NUMBER: 74,r `7 q L/- FROM: Town of North Andover Zoning Board°cif Appeals 27 Charles Street North Andover,Massachusetts 01845 FAX 978-688-9542 PHONE 978-688-9541 DATE 4 o-'- n SUBJECT. L a Wn s�- v — NUMBER OF PAGES: REMARM. 30ARD OF 1PPEALS 688-9541 WRLDI G 688-9545 CONSERVAUON7 688-9530 HEALTH 688-9140 PLANNrNG 688-9535 f HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Apr-25-02 13:16 Identification Result rAge—S Tvne Date Time Duration Diagnostic 89787942088 OK 02 Sent Apr-25 13:15 00:00:34 002582030022 1.2.0 2.8 April 10,2002 Mr.Ncetta, I am writing you this letter to keep you up to date regarding the Napoli Trucking situation.I have received the transcription of the November 13,2001 meeting and would like to point out some major non-truths. ❖ Stated by Mr. Scalise in 1972,"there were two ten wheelers,two six wheelers,front-end loader, paver,and roller,four snowplows."This statement is not true and even if it was there were no triaxle trucks in 1972 which are much larger trucks.They are twice the size of six wheelers. ❖ Stated by Mr. Scalise the sander was sold and would not be replaced.This statement is also not true. Two days after the November 13,2001 meeting,a new,much larger sander arrived at Naploi Trucking.Also,in February,the old sander was back in the driveway. ❖ Parking on Fichera's land Map 007,Parcel-3002(R4)and at the bottom of the street continues daily. ❖ Stated by Mr. Scalise the backhoe was removed.This is another non-truth.It is still visible out my dining room window and remains there. ❖ Stated by Mr. Scalise that the Napoli's do not wash the inside of the trucks(engines).Yet another non-truth.The washing of the trucks continues,engines,rear ends,and all which produce hyp.oil, diesel fuel and grease flowing by my house into the Shawsheen River.Also,on this matter,words were exchanged between a family member of mine and the elder Mr.Napoli on March 25,2002.Mr. Napoli's last words were,"We will see who has the biggest bankroll."I wonder what that means? ❖ Last,but not least,Robert Ford questioned whether the business was grand fathered,was the business legal in 1956 through 1972.Has this information been obtained by the board for the May meeting? Hopefully this matter will be resolved in May.If it is not too much trouble,would you please see to it that the five board members each receive a copy of this letter. Thank you in advance for your time,Mr.Mcetta. Sincerely, le RECEDE® Victor S.DiDonato 60 Inglewood Street A P R 1 6 2002 North Andover,MA 01845 BUILDING DEPT. APR 16 2002 BOAPO OF APPEALS Attempted transcription of Minutes 10-09-01:pages 3-5. (Unbracketed typing=transcription of written notes,[)-typist's guess.) ZBA Board members present: William J.Sullivan(WJS),Walter F.Soule(WFS),John Pallone(JP), Raymond Vivenzio(RV),Robert Ford(RF),Ellen McIntyre(EM),&George Earley(GE). 52 Inglewood Street [???] Sept.[read in]Party Aggrieved,[since then,Applicant,Napoli Trucking,]filed a Special Permit. WJS "Would you like to Withdraw without Prejudice for the cease and desist[Party Aggrieved?]?" R.V. Read the legal notice. Domenic Scalise represented Lou Napoli. [Read)letter sent by Building Inspector. 1957 starting trucking business&then moved to Inglewood Street. In 1971,business was incorporated. Petition states were seeking garage w/Ahat#elds 5 dump trucks on site. Lou[Napoli,]owner lives in back of garage. Dom [Scalise]showed[ZBA)Board Assessor's pian. We appear before the Board for[an] uninterrupted use of business[on a]non-conforming,pre-existing,grandfathered lot. W.[?]S. The increase of the non-conforming business,has it been increased?&how much? Domenic Scalise-It has increased,but not in the past 10-12[years]. The numbers have stayed the same for the number of trucks,5. Louis Napoli-We had a 6m but it has been taken off the site. I removed[the]sander,&[the)loam has been removed. Domenic Scalise-We appeared at[the]Conservation Commission[and?]provided F.D.[Fire Department?)there is no problem with washing chemicals[if they were?)biodegradable. R.V. [Referred to?]letter from Building Commissioner of 74-01[and]letter from Conservation Commission 10-9-01[and the 94-01]Enforcement Order. Benedict Perrone,11 Harwood Street- 1 truck has permutated into a business. If you keep making action with grandfathering. We have a traffic problem with the big dig on Massachusetts Avenue,and people are detouring down our streets and they are going as fast as on Mass. Ave. Albert Mistretta, 18 Inglewood Street-{They]started with one truck. We are good friends on[our street and?]with Napolis and at 3:00 AM&you smell diesel fuel. This is a residential zone...to relocate... Frances Fichera, Inglewood St.,&59 Jetwood Street- Never smelt gas&they have been cooperative. Why would someone try to take their business away? 51 Inglewood Street[Jed Hallowell?Megan Hallowell?Thomas Varano?Mary Varano?] -They had business when l.moved In. They are quiet[but?]they are trucks. 1 abut them closer than anyone. Theresa Wood,56 Jetwood St.,#1-At 5:00 he Is at football practice. At night only on a bad storm he was the 1st one to plow out his neighbors. Philip Fichera,59 Jetwood -We used to live in[the]house next[to the]garage. It is very rare you would hear them at night. [Eleanor?John?]Routhier,43 Jetwood St. -Says no problem. [Jetwood is]not an accepted road. He has hot topped road and paved road. WJ-S. It is a zoning[issue?controversy?Question to resolve residential vs?]contractors'yard. We are trying to resolve that. Eleanor Routhier,43 Jetwood St. -What is the problem all of a sudden? Robert Nicetta,Building Commissioner-1 received a complaint from my neighbor and 1 had to act It is true It was there 40.45 years. The non-conforming use has expanded. You cannot expand the p non-conforming use. If you go back to the size of the trucksour dad used,sed it is ok?]. 1 have pictures showing violations. It is up to the Board Raymond Pecci,15 her Lived-Inglewood g [ here?]]48 years. The main part of trucking is[on]Inglewood St. We get the brunt of everything that is being"masked". I wrote a letter out of complete ignorance to the Board of Selectmen. 1 never got an answer. Robert Nice tta - (Showed pictures of violations.) I don't go to the site unless I get a complaint. Dann Nicolosr,16 Jetwood St. � There is no cul-de-sac on Inglewood. I put the cul-de-sac on Jetwood and paid for it. Jetwood was paved by Lou Napoli. Never once have my kids had[?]& interfered from Napoli. The Board would be doing him a personal dishonor from earning a living. {Philip?]Fichera,59 Jetwood -What if 1[let them]park trucks on my property? PM You're in a non-conforming area[residential?]for a contractor's yard. Napoli is allowed by grandfathering. Michael Xenakis, 30 Marblehead St. - Lived at 11 Inglewood, "52-53 Inglewood" If I could move into my parents'home and raise my family,I would. DiDonato has had Coca-Cola that comes to his home. He is running a business out of his home. Albert Mistretta, 18 Inglewood St -The only disservice[that?]is that he can't expand his business [elsewhere]but not on Inglewood. Raymond Pecci, 15 Inglewood St. -We didn't want to make waves. We were hoping they would . realize big business[doesn't belong?]on Inglewood Street, R.V. Read letter 6-20-01 by Debra&Victor DiDonato,60 Inglewood St. Domenic Scalise -Showed "Lord"letter[T.J. McEvoy,103 Farrwood St.?]in support. They have downsized since this issue[started]. {Frances]Fichera has allowed the Napolis to [drop?]asphalt onto her property and he has admitted it to the Conservation Commission and the site is clean. The pictures you saw earlier do not look like that any more. I have met with Mr. Masse[Chairman,Conservation Commission]and he is happy with the site. [Also, the]letter from Tom Cassale,9-17-01,[saying that]it is a biodegradable detergent soap They don't wash the inside of the trucks. He has met with neighbors and will do what they would like. He is asking to keep his business. J.P. When did he become non-conforming.) Domenic Scalise -The use has been the same. He has been res.[ident]since day one. W.J.S. The Town Clerk has information on the date[the lot?The use?became?]non-conforming"of the bylaw". Maybe we need more information from the Town Clerk. W.F.S I worked on the Shawsheen River as a volunteer. There is a lot of pollution in[it]. {l'm not sure where it comes from. "3-5 cars daily for 2 weeks." Jeannine's transcriotlon of November U.2001 SIkIF5A41 141 0 EPVI G'M E Napoli Trucking,rucking, Inc 52 Inglewood St. Party Aggrieved of the Building Commissioner's decision. Attorney Dom Scalise was present as representing the petitioner, Louis Napoli. He explained that this petition has been continued from "October 16, 2001" [October 9, 2001] . Attorney Scalise explained the business was established in 1956 and that in 1957 the property was purchased. Dom Scalise asked when R- 4 came into effect. He offered "A true copy of the Zoning Map adopted by the Town of North Andover on June 5, 1972 attested copy, signed by John J. Lyons, Town � Y Clerk, as was Created in 1972. Town Clerk' s office has the specifics of the Zoning Bylaw when it was created in 1972. Dom Scalise identified what was on the property in order to meet the conditions of the Building Commissioners' letter of July 4, 2001 [5 tri-axle dump trucks, 1 six-wheel sander, 1 F350 dump truck, 1 platform trailer, 1 rubber tire scoop/backhoe, 1 bobcat, 1 bituminous spreader & roller, 7 snowplows & other miscellaneous equipment] . What was present on the property 1971-2? Two 10 wheelers, two 6 wheelers, front end loader, paver and roller, four snow Plows . 2001 - 5 tri-axle dump trucks, his brother drives one truck to work, 1 rubber tire scoop/backhoe, 1 bobcat. Improvements to the site? He stated that the sander is gone, the trailer is gone, the snow plow blades will remain for the winter use only and will then be housed elsewheres, either garaged or stored on the Fichera lot . Also, the gravel has been removed. Speaking in favor of the Petitioner was Paul Routhier from 50 Jetwood St. [Raymond or Theresa Wood, 56 Jetwood St, #1 or Dann Nicolosi, ] 16 Jetwood Ave. John Xenakis, 11 Inglewood St is opposed to any further expansion, however is in favor the situation as it is. A letter, dated 11/13/2001 from John and Chris Schulman of 70 Mablin Ave. , was read by Robert Ford for the record. The Shulmans wrote that they did not object to Mr. Napoli' s business in their neighborhood and that the trucks are. kept on Mr. Napoli' s property. Mr. Sullivan had questions regarding the letter that Mr. Nicetta sent to Mr. Napoli dated July 4, 2001 . Robert Ford read Mr. Nicetta' s letter. Mr. Sullivan asked if there were any questions from the Board. Mr. Soule during a site visit observed that the property was within 100 feet of the Shawsheen River. He also noticed many vehicles, trucks at the end of , the road on town property. It appeared that Mr. Napoli did not cease and desist from using Salvatore R. Fichera, Map- 007, Parcel-0032 (R-4) and Town of North Andover properties as a contractors' yard, as pointed out in the letter from the Building Commissioner, and that bothers him. Ellen McIntyre also made a site visit and she noticed 4 trucks, an empty garage, but no activity. Mr. Napoli claims he did clean up and moved some of his equipment in an effort to meet the requirements of the Building Commissioner' s letter. Dom Scalise requested that the Party Aggrieved petition be withdrawn without prejudice. Upon a motion by Robert Ford and 2nd by Walter Soule to allow the petitioner to withdraw without prejudice. Voting in favor: WJS/WFS/RF/JP/EM Napoli Trucking Co. 52 Inglewood St petitioner for a Special Permit from Section 9, Paragraph 9, 1 and 9.2 in response to D. Robert Nicetta, Building Commissioner' s 7-4- 01 letter to Napoli Trucking Dom Scalise represented the applicant, Mr. Louis Napoli. I clearly identified this Petition as a pre-existing business. Dom requested the Board to consider that the business as it is now be allowed to continue as the business will not expand and plans to downsize will be considered by Mr. Napoli. Mr. Sullivan asked Mr. Nicetta about the Conservation Commission' s Enforcement order of 9-4-01 - Does it still exist until after the ZBA hearing? Mr. Sullivan opened discussion on what should be allowed on that premise. What is present now compared to 1956 when the business started to operate from this site? Dom Scalise identified what was on the property in order to meet the conditions of the Building COMMissioner' s letter of July 4, 2001 . Present on the property are: two 10 wheelers, two 6 wheelers, 1 front G11 loader, 1 paver and 1011G1, four snow plotio blades . Improvements to the site identifies that the sander is gone, the trailer is gone, the snow plow blades will remain for the winter use only and will then be stored on the Fichera lot. Also, the gravel has been removed. Lir. Sullivan asked what would be done with the backhoe. Discussion continued about the present status of th-e premise and what will be done? Robert Ford questioned whether the business was grandfathered. What was legal when, in 1956? In 1972? Was the business legal in 1956? Robert Ford continued to question the legality of this construction business in a residential neighborhood going back to 1956. He felt the Board needs a better understanding of the conditions in 1956 so that they will know what can be allowed there now, as- a grandfathered business. Another question was the 25% rule which does not allow expansion greater than 25% . The 250- rule became part of the 1972 Bylaw. Mr. Sullivan requested Mr. Scalise research information on the 1956 Bylaw ,and the Napoli 1956 business inventory; to determine what was grandfathered from 1956. What was there originally and what is there at the present time. The question of penalties as stated in the Building Commissioner' s letter was brought into question. The Board agreed to waive the penalties at this time until the issue could be resolved. Upon a motion by Walter Soule, and 2nd by Robert Ford the board was unanimous to continue until the next meeting, December 4, 2001 . Voting in favor WJS/WFS/RF/JP/EM. December 4,2001 meeting;ZBA Board Members present: William J.Sullivan(WJS),Walter F.Soule (WFS),Robert P.Ford(RPF),Raymond A.Vivenzio(RAV),Ellen P. McIntyre(EPM),George M.Earley (GME). Domenic Scalise spoke on behalf if Napoli Trucking. He did not give any new evidence because only 4 Board members were able to vote on 52 Inglewood Street's Special Permit petition -WJS, WFS,RPF,&EPM.RAV&GME excused themselves He did want to update efforts to downsize equipment inventory at 52 Inglewood. Since the last meeting,the roller and paver are gone from the site,the original sander was sold,the low-bed is off the site. One of the Board's concerns was that the backhoe was in plain view from the DiDonato's house. Mr. Napoli removed that,so those Items not moving he's looking for a place to put them. The other issue was the direction of trucks leaving the site so that they don't go up the same street. Mr.Napoli has advised me that since August or so the trucks leaving are taking different routes. The plows - once the plows come off the trucks in springtime,those won't be there either. We are looking for an alternative site WJS Two Board members are in Mr.Scalise's office;Scott Karpinski did not hear any evidence at all so,if you are looking for a five member,you may not have that 5th member until May. Domenic Scalise -Aware that there might be no 5th member until May,but,at the same time,we are working on alleviating the situation. It may very well be that we will get a site we can move to or do something else,and we can come before the Board and say we've done something to resolve it and we don't have to wait that long. WJS Is there anybody here who wants to speak to Napolif[Trucking['s petition]? If we continue this,which I expect we will because he has a right to have 5 members hear his evidence;the fifth member will not be available until May,so I would like to suggest that he will not have to come back until the May meeting. Domenic Scalise - Unless we can resolve it before then. WJS If they can resolve the problem before then,they will come before then and ask to Withdraw without Prejudice. I just want you to be aware and anybody here who may come down and think that they're going to hear something next month,that's not going to[occur?Come true?]. All the Board members know also? May we have a motion? RPF I move to continue this hearing until the May 2002 meeting. WFS 2"d the motion. WJS Motion made and seconded -all those in favor? Okay,thank you. (WJS,WFS,RPF,EPM in favor.] Attempted transcription of Minutes 10-09-01: pages 3-5. (Unbracketed typing=transcription of written notes, [] =typist's guess.) ZBA Board members present: William J.Sullivan (WJS),Walter F.Soule(WFS),John Pallone(JP), Raymond Vivenzio(RV), Robert Ford (RF), Ellen McIntyre(EM), &George Earley(GE). 52 Inglewood Street [???] Sept. [read in] Party Aggrieved, [since then,Applicant, Napoli Trucking,]filed a Special Permit. WJS "Would you like to Withdraw without Prejudice for the cease and desist[Party Aggrieved?]?" R.V. Read the legal notice. Domenic Scalise represented Lou Napoli. [Read] letter sent by Building Inspector. 1957 starting trucking business&then moved to Inglewood Street. In 1971, business was incorporated. Petitien states weFe SeekiRg garage w/that holds 5 dump trucks on site. Lou [Napoli,] owner lives in back of garage. Dom [Scalise]showed [ZBA] Board Assessor's plan. We appear before the Board for[an] uninterrupted use of business [on a] non-conforming, pre-existing,grandfathered lot. W.[?]S. The increase of the non-conforming business; has it been increased?& how much? Domenic Scalise-It has increased, but not in the past 10-12 [years]. The numbers have stayed the same for the number of trucks, 5. Louis Napoli-We had a 6th but it has been taken off the site. I removed [the]sander, &[the] loam has been removed. Domenic Scalise-We appeared at[the] Conservation Commission [and?] provided F.D. [Fire Department?]there is no problem with washing chemicals [if they were?] biodegradable. R.V. [Referred to?] letter from Building Commissioner of 7-4-01[and] letter from Conservation Commission 10-9-01 [and the 9-4-01] Enforcement Order. Benedict Perrone, 11 Harwood Street - 1 truck has permutated into a business. If you keep making action with grandfathering. We have a traffic problem with the big dig on Massachusetts Avenue,and people are detouring down our streets and they are going as fast as on Mass. Ave. Albert Mistretta, 18 Inglewood Street - {They]started with one truck. We are good friends on [our street and?]with Napolis and at 3:00 AM &you smell diesel fuel. This is a residential zone...to relocate... Frances Fichera, Inglewood St., &59 Jetwood Street- Never smelt gas&they have been cooperative. Why would someone try to take their business away? 51 Inglewood Street[Jed Hallowell? Megan Hallowell?Thomas Varano? Mary Varano?] -They had business when I moved in. They are quiet[but?]they are trucks. I abut them closer than anyone. Theresa Wood, 56 Jetwood St.,#1-At 5:00 he is at football practice. At night only on a bad storm he was the 1St one to plow out his neighbors. Philip Fichera,59 Jetwood - We used to live in [the] house next[to the]garage. It is very rare you would hear them at night._ [Eleanor?John?] Routhier,43 Jetwood St. -Says no problem. [Jetwood is] not an accepted road. He has hot topped road and paved road. W.J.S. It is a zoning[issue?controversy?Question to resolve residential vs?] contractors'yard. We are trying to resolve that. Eleanor Routhier, 43 Jetwood St. - What is the problem all of a sudden? Robert Nicetta, Building Commissioner- I received a complaint from my neighbor and I had to act. It is true it was there 40-45 years. The non-conforming use has expanded. You cannot expand the non-conforming use. If you go back to the size of the trucks your dad used, [it is ok?]. I have pictures showing violations. It is up to the Board Raymond Pecci, 15 Inglewood - [Lived here?] 48 years. The main part of trucking is [on] Inglewood St. We get the brunt of everything that is being"masked". I wrote a letter out of complete ignorance to the Board of Selectmen. I never got an answer. Robert Nicetta - (Showed pictures of violations.) I don't go to the site unless I get a complaint. Dann Nicolosi, 16 Jetwood St. - There is no cul-de-sac on Inglewood. I put the cul-de-sac on Jetwood and paid for it. Jetwood was paved by Lou Napoli. Never once have my kids had [?] & interfered from Napoli. The Board would be doing him a personal dishonor from earning a living. {Philip?] Fichera, 59 Jetwood - What if I [let them] park trucks on my property? [???] You're in a non-conforming area [residential?]for a contractor's yard. Napoli is allowed by grandfathering. Michael Xenakis, 30 Marblehead St. - Lived at 11 Inglewood, "52-53 Inglewood" If I could move into my parents' home and raise my family, I would. DiDonato has had Coca-Cola that comes to his home. He is running a business out of his home. Albert Mistretta, 18 Inglewood St -The only disservice [that?] is that he can't expand his business [elsewhere] but not on Inglewood. Raymond Pecci, 15 Inglewood St. - We didn't want to make waves. We were hoping they would realize big business [doesn't belong?] on Inglewood Street. R.V. Read letter 6-20-01 by Debra&Victor DiDonato, 60 Inglewood St. Domenic Scalise - Showed "Lord" letter[T.J. McEvoy, 103 Farrwood St.?] in support. They have downsized since this issue[started]. {Frances] Fichera has allowed the Napolis to [drop?] asphalt onto her property and he has admitted it to the Conservation Commission and the site is clean. The pictures you saw earlier do not look like that any more. I have met with Mr. Masse[Chairman, Conservation Commission] and he is happy with the site. [Also,the] letter from Tom Cassale, 9-17-01, [saying that] it is a biodegradable detergent soap being used to wash the trucks. They don't wash the inside of the trucks. He has met with neighbors and will do what they would like. He is asking to keep his business. J.P. When did he become non-conforming? Domenic Scalise - The use has been the same. He has been res.[ident]since day one. W.J.S. The Town Clerk has information on the date[the lot?The use?became?] non-conforming"of the bylaw". Maybe we need more information from the Town Clerk. W.F.S I worked on the Shawsheen River as a volunteer. There is a lot of pollution in [it]. {I'm not sure where it comes from. "3-5 cars daily for 2 weeks." Jeannine's transcription of November 13.2001. Napoli Trucking, Inc 52 Inglewood St. Party Aggrieved of the Building Commissioner' s decision. Attorney Dom Scalise was present as representing the petitioner, Louis Napoli . He explained that this petition has been continued from "October 16, 2001" [October 9, 20011 . Attorney Scalise explained the business was established in 1956 and that in 1957 the property was purchased the lot. Dom Scalise asked when R-4 came into effect . He offered "A true copy of the Zoning Map adopted by the Town of North Andover on June 5, 1972 attested copy, signed by John J. Lyons, Town Clerk, as was created in -1972 . Town Clerk' s office has the specific of the Zoning. Bylaw when it was created in 1972 . Dom Scalise identified what was on the property in order to meet the conditions of the Building Commissioners ' letter of July 4, 2001 [5 tri-axle dump trucks, 1 six-wheel sander, 1 F350 dump truck, 1 platform trailer, 1 rubber tire scoop/backhoe, 1 bobcat, 1 bituminous spreader & roller, 7 snowplows & other miscellaneous equipment] . what was present on the property 1971-2? Two 10 wheelers, two 6 wheelers, front end loader, paver and roller, four snow plows . 2001 - 5 tri-axle dump trucks, his brother drives one truck to work, 1 rubber tire scoop/backhoe, 1 bobcat . Improvements to the site? He identifies that the sander is gone, the trailer is gone, the snow plow blades will remain for the winter use only and will then be housed elsewheres, either garaged or stored on the Fichera lot . Also the gravel has been removed. Speaking in favor of the petitioner was Paul Routhier from 50 Jetwood St . [Raymond or Theresa Wood, 56 Jetwood St, #1 or Dann Nicolosi, ] 16 Jetwood Ave. John Xenakis, 11 Inglewood St is opposed to any further expansion, however is in favor the situation as it. is . A letter dated 11/13/2001 from John and Chris Schulman of 70 Mablin Ave was read by Robert Ford for .the record. The Shulmans wrote that they did not object to Mr. Napoli ' s business in their neighborhood and that the trucks Eire kept on Mr. Napoli. ' s property. Mr. Sullivan had questions regarding the letter that Mr_ . Nicetta sent to Mr. Napoli dated July 4 , 2001 . Robert Ford read Mr. Nicetta' s letter. Mr. Sullivan asked if there were any questions from the Board. Mr. Soule during a. site visit observed that the property was within 100. feet of the Shawsheen River. He also noticed many vehicles, trucks at the end of the road on town property.WFS It appeared that Mr. Napoli did not cease and desist from using Salvatore R. Fichera, Map- 007 , Parcel-0032 (R-4) and Town of North Andover properties as a contractors ' yard, as pointed out in the letter from the Building Commissioner, and that bothers him. Ellen McIntyre also made a site visit and she noticed 4 trucks, an empty garage, no activity. Mr. Napoli claims he did clean up and moved some of his equipment in an effort to meet. the requirements of the Building Commissioner' s letter. Dom Scalise requested that the Party Aggrieved petition be withdrawn without prejudice. Upon a motion by Robert Ford and 2nd by Walter Soule to allow the petitioner to withdraw without prejudice. Voting in favor: WJS/WFS/RF/JP/EM Napoli Trucking Co. 52 Inglewood St petitioner for a Special Permit from Section 9, Paragraph 9 . 1 and 9 . 2 See 7- 4-01 DRN letter to Napoli . Dom Scalise spoke as representing the applicant, Mr. Louis Napoli . I clearly identified this petition as a pre-existing business . Dom requested to the Board that the business as it is now be allowed to continue as the business will not expand and plans to downsize will be considered by Mr. Napoli . Mr. Sullivan asked Mr. Nicetta about the Conservation Commission' s Enforcement Order of 9-4-01 - Does it still exist until after the ZBA hearing? Mr. Sullivan opened discussion on what should be allowed on that premise. What is present now compared to 1956 when the business started to operate from this site? Dom Scalise identified what was on the property in order to meet the conditions of the Building Commissioner' s letter of July 4, 2001 . Present on the property are: Two 10 wheelers, two 6 wheelers, front end loader, paver and roller, four snow plow blades . Improvements to the site identifies that the sander is gone, the trailer is gone, the snow plow blades will remain for the winter use only and will then be stored on the Fichera lot. Also the gravel has been removed. Mr. Sullivan asked what will be done with the backhoe. Discussion continue about the present status of the premise and what will be done? Robert Ford questioned whether the business was grandfathered. Was the business legal in 1956? Robert Ford continued to question the legality of this construction business going back to 1956 . The Board needs a better understanding of the condition in 1956, so that they will know what can be allowed there now; and the issue of grandfathered business . Questioned also was the 250 rule that does not allow expansion greater than 25% which was part of the 1972 Bylaw. Mr. Sullivan requested Mr. Scalise research information on the 1956 Bylaw and bring in copies to determine what was grandfathered from 1956 . What was there originally and what is there at the present time. The question of penalties as stated in the Building Commissioner' s letter were brought into question. The Board agreed to waive the penalties at this time until the issue could be resolved. Upon a motion by Walter Soule, and 2nd by Robert Ford the board was unanimous to continue until the next meeting, December 4 , 2001 . Voting in favor WJS/WFS/RF/JP/EM. DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 i I January 15, 2002 I North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 RE: Petition of Louis Napoli Napoli Trucking, Inc. 52 Inglewood Street North Andover, MA 01845 Dear Members of the Zoning Board: Concerning the above captioned matter which is scheduled for further hearing on Tuesday, January 15, 2002, request is hereby made on behalf of the petitioner that the case be continued to the regularly scheduled meeting during May of 2002. The reason for the continuance request is because there will be too few voting members available to hear this case until the May 2002 meeting. Thanking you in advance for your cooperation, I remain Very truly yours, Domen' Scalise DJS/j q 80ARDOFAF� i Town of North Andover * NORTH O '."S. ,.1ti0 Office of the Zoning Board of Appeals 0 z p Community Development and Services Division * i , Heidi Griffin, Division Director 27 Charles Street �1sSCHUs S� D. Robert Nicetta North Andover, Massachusetts 01845 Telephone (978)688-9541 Fax (978)688-9542 Building Coin rjTO: _ C✓qb C- - ' .FROM:.-? - -- v_ DATE: _ (. /t a os _ oh/vPAGES INCLUtiNG co THIS PAGE: I" �J'" -FAX#'_.Ipp�� _�l J FAX#:_17-5--�/V-V--PHONE#:' Date: TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 �I Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a Variance and/or Special Permit for property located at: STREET: Sot. 1 N Ci W oz C/ S t-es�.t TOWN: MEETING DATE(S): S'' -9-6 ' C c�Oa NAME OF PETITIO R: d� OU Il (`'f��Lt Signed: P t ITI NER (or itioner's Representative) Waivetimecon12/01 k IILDING688-9545 II! III. t ��N. _ - 4 2002 i` 1 5 2002 1': 0ARD OFAPPEALS 688-9541 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 BOARD OF APPEALS BOARD OF APPEALS DOI C E IV E '!t}' Town of North Andover ,t RTi{ DEC 0 4 2001 Office oO�St`w `°ASO I f the Zoning Board of Appeals ; Community Development and Services Division t BOARD OF APPEALS 27 Charles Street �•,,.o^�,,��• North Andover, Massachusetts 01845 SsacHuSet D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax(978)688-9542 Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and/or Special Permit for property located at: STREET : Sia ��. Lt-u`'-a0 TOWN: / � `% 4 v 12/1W NAME OF PETITIONER: Signed: P Itioner(or pe ' oner's representative) i ATTACHMENT WAIVER BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover µORT„ Of ,tao i`�•yG Office of the Zoning Board of Appeals 0: Community Development and Services Division Heidi Griffin, Division Director rip 27 Charles Street 4sSgcNusEt D. Robert Nicetta P ( )978 North Andover, Massachusetts 01845 Telephone 688-9541 Building Commissioner Fax(978)688-9542 December 18, 2001 Mr. & Mrs. Victor S. DiDonato 60 Inglewood Street North Andover, Massachusetts 01845 Dear Mr. & Mrs. DiDonato: This letter is in response to a telephone call to the Building Commissioner, D. Robert Nicetta, on December 11, 2001 by an individual claiming to be Mrs. DiDonato of Inglewood Street about icy conditions on Inglewood Street's roadway; resulting in a fall. William J. Sullivan, Chairman of the Zoning Board of Appeals, made a site visit to Inglewood Street. The complaint was in regard to the "washing" of trucks the previous day by Napoli Trucking (currently before the Zoning Board of Appeals for a Special Permit). The overnight(Monday, December 10, 2001)temperature was below freezing. The site visit was at 12:45 PM on Tuesday, December 11, 2001 and signs of freezing were not present. This certainly was the result of warmer weather(50 degrees) and the time of the visit. Vehicles were parked on the Napoli property on the apron of the oversized garage in an orderly fashion. Snowplow blades were stored on the Fichera property at the end of Inglewood Street. No vehicles were in the roadway. Chairman Sullivan did observe during the site visit to 52 Inglewood,that the 60 Inglewood Street residence had the storage of vending machine products being refrigerated in its basement garage. Also, there was a vehicle displaying a sign, "Vic's Vending", parked in the driveway at this address apparently used to service off premises vending machines. 1of2 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNINIG 688-9535 The operation of a vending machine service may or may not be interpreted as a home occupation, as allowed by the North Andover Zoning Bylaw, Section 2, Paragraph 2.40 and Section 4, Paragraph 4.122. The storage of food products for vending machine service may or may not be a Board of Health issue. No further action will be taken at this time. Sincerely, William J. ullivan, Chairman w S North An over Zoning Board of ppeals cc: D. Robert Nicetta, Building Commissioner File WJS:mg 2 of 2 i I FAX - TRANSMISSION 00 i i TO: C FAX Number: 7�• 9 • FROM: W� Town of North Andover Zoning Board of Appeals a FAX: 9.78-688-9542 PHONE: 978-688-9541 i DATE: • I SUBJECT: A 3 Number of pages: t REMARAKS: Th! j,r w; oh AX4 Atli 6vco kt%rd 0 ur %$ ions D of �r __ _ � 'g pal orf andT—wW -� . V1-q o h » iM *, % + � ff� 4v�� mt,.VA 'IM d Wfax/2 K e�o 1 � y b� +W0 , 7 IX of its General By-Laws having to do with regulations of advertising signs and billboards by substituting in place thereof a new Article XI, regulating signs and outdoor lighting which is on file in the office of the Town Clerk, the office of the Planning Board and the Official Town Record Book Page 136A of 1972 . The vote was AFFIRMATIVE 390 . NEGATIVE 129 . ARTICLE 11A. To see if the Town will vote to amend the written text of its 1956 Zoning By-Law (as amended from time to time) by substituting in place thereof all or so many of the provisions of the proposed 1972 Zoning By-Law (copies of which are on file, for public inspection, at the offices of the Town Clerk and of the Planning Board) as the Town may adopt or amend and adopt at this Meeting; provided that if any portions of said proposed 1972 Zoning By-Law shall not be adopted or . not amended and adoptedby the Meeting, the most nearly corresponding provisions of i the 1956 Zoning By-Law, as so amended, shall continue in force in supplement of and not in conflict with so many of said proposed new Zoning By-Law provisions as may be so adopted or amended and adopted. Petition of the Planning Board. This is to certify that by its action upon Article 11A of the Warrant for the Special Town Meeting of June 5, 1972 the Town of North Andover voted to amend the written text of the 1956 Zoning By-Law (as heretofore amended from time to time) by sub- stituting ub-stituting in place thereof the "North Andover .Zoning By-Law - 1972" , an attested copy of which as it was amended and adopted by the meeting is hereto annexed. The vote of the Town upon adoption of this new By-Law was unanimous , except for its adoption of Sections 4 . 129 and 4. 130 thereof, which was by a vote of 390 to 129 . s Official recording Official Town Record Book, Page 136A of 1972. ARTICLE 11B. In the event of the establishment of new zoning districts in the Town by this meetings action under the preceding Article, to see if the Town will vote to amend the 1956 zoning map (as amended from time to time) by substituting in _ place thereof the May 1972 , proposed zoning map (copies of which are on file, for public inspection, at the office of the Planning Board) , as the same may be adop- ted by this Meeting; provided that all areas of land within the Town which are not specifically designated by the Meeting to be included within one of the zoning districts defined by its action under the preceding Article shall be deemed to be r within such Residence District, so as defined, in which permitted land uses are most restrictive. Petition of the Planning Board. This is to certify that by n its action upon Article 11B of the Warrant for the Special Town Meeting of June 5 , 1972 the Town of North Andover voted to amend the 1956 Zoning Map of the Town, (as .0 . - heretofore amended from time to time) by substituting in place thereof the May 1972 proposed zoning map, an attested copy of which, as it was amended and adopted r by the meeting, is recorded in Official Town Record Book Page 136A of 1972 . The vote of the Town upon the adoption of the new Zoning Map was by a vote of _ AFFIRMATIVE 379 to NEGATIVE 13. ARTICLE 12. To see if the Town will vote to amend its Zoning By and the Zoning Map of the Town by changing from Industrial District to General Business District land on the Southerly side of Salem Turnpike , lengthy description on file in the Official Town Record Book, Page 133 0£ 1972 in Town Clerks Office . Petition of Edward W. Phelan and others . VOTED to strike article from Warrant. ARTICLEI3. To see if the Town will vote to amend the Zoning (20) By-Laws by adding the following sections : 3. 1 BUSINESS 3 DISTRICTS . 3 .10 BUSINESS 3 DISTRICTS , 4.10 IN BUSINESS 3 DISTRICTS . 4 . 101 BUILDINGS FOR USE AS- 7 .7 IN BUSINESS 3 DISTRICTS . Three page descriptions recorded in Official Town Record Book Page 134 in Town Clerk' s Office . Petition of Benjamin C. Osgood and others . VITED Y to REJECT the Article . Meeting of June 5 , 1972 opened at 7: 30 P .M. , and adjourned at 11: 55 P .M. , with 685 registered voters present. Meeting adjourned to Monday June 12 , 1972 at 7 : 30 n P.M. Meeting adjourned at 9: 35 P .M. , with 359 registered voters present. Our thanks to Earline Lyons, Eleanor Mallory, Natalie For etta, Phyllis Jackson g Y , Elizabeth Elliott, Gladys Hurley, Pauline Lowe, Ed Mallory, Henry Fink, Harold Boynton, Bud Cyr, Jim Hurrell, Lou Kmiec, Milt Howard, Will Koll, Jack McLay, Jim Fitzgerald, Stu Wilson, Ben Kalinowski and Nick Nicetta for assisting in all the necessary and essential checking and counting. Chairman of the Planning Board Chairman Charles Trombly extended and requested a vote of thanks to Town Counsel, Town Clerk, Town Moderator and his Board for the work and the cooperation that w _. . p was entailed before and for the success of this meeting. Motion.'wa_s duly made and A True Copy 19 `° \ 3 Town Clerl-: t 5P-!&_c_iq6 TnwAv MeeY�l s Section 8 NONCONFORMING USES 8.1 CONTINUANCE ` Any nonconforming building, structure or use, as defined herein, which law— fully existed at the time of passage of the applicable provision of this or any prior By—law or any amendment thereto may be continued subject to the provisions of this By—law. Any lawfully nonconforming building or structure and any lawfully nonconforming use of building or land may be continued in the same kind and manner and to the same extent as at the time it became lawfully nonconforming, but such building or use shall not at any time be changed, ex— tended or enlarged except for a purpose permitted in the zoning district in which such building or use is situated, or except as may be permitted other— wise by the North Andover Board of Appeals. 8.2 ALTERATION OR EXTENSION 'A use, or structure housing a use, which does not conform to the regulations of this By—law, but which did conform to all applicable regulations when initially established shall not be changed, extended, or enlarged except in ' accordance with the following provisions: (1) Such change shall be approved by the Board of Appeals. (2) Such change shall be permitted only upon the same lot occupied by the non— conforming use on the date that it became nonconforming. i (3) Any increase in volume, area, or extent of the nonconforming use shall not exceed an aggregate of more than 25 percent of the original use. (4) No change shall be permitted which tends to lengthen the economic life of the nonconformity longer than a period reasonable for the amortization of the initial investment. 8.3 REBUILDING AFTER CATASTROPHE Any nonconforming building or structure destroyed or damaged by fire, flood, lightning, wind or otherwise to the extent of sixty—five (65%) percent or more of its reproduction cost at the time of such damage shall not be rebuilt, re— paired, reconstructed nor altered except for a purpose permitted in the zoning district in which such building is located, or except as may be permitted other— wise by the Board of Appeals acting under G.L. Ch. 40A. 8.4 ABANDONMENT If any lawfully nonconforming building or use of a building or land be at any time discontinued for a period of two years or more, or if such use or building be changed to one conforming with the North Andover Zoning By—law in the dis— trict in which it is located, it shall thereafter continue to conform. ATTEST: A True Copy Town Clerk -37- 11 - 13 -01 71 c, u)h,2)fYI TV�-k m cx-),es QIIJC�- c-6bz V-\ 0,-n 034- -;L AVVAJI)I- A true copy of the Zoning Map adopted by the Town of North Andover on June 5 1972 i ATTEST: JOH, J . YONS I T WN RK Llr m CD CD m aANo[:E7rn040aa 12.2 2 h 7 to Im \\ �, Ld Jc6 CO CNfCH C 3A1T D m 2.2 r Z \ LEGEND• R I RESIDENCE I DISTRICT \\'.: "",•-m+ L __ _ - m.,,.- R-2 RESIDENCE 2 DISTRICT : e„ as I ` 123 RESIDENCE 3 DISTRICTu �.�a. R-4 RESIDENCE 4 DISTRK7 R 5 RESIDENCE 5 DISTRICT j — \ % �s" 0' 6eX r k, 5-1 BUSINESS I DISTRICT - B2 BUSINESS 2 DISTRICT 8.3 BUSINESS 3 DISTRICT "l)-'•� �'Q \�y`, is �'f �® •` �/pf 23 2� p r . r �6 DB"4 BUSINESS b DISTRICT GENERAL BISNE55 DISTRICT -4m INDUSTRII DISTRICT 1.2 IWDUSTRIAL2 DISTRICT i I-5 NDUSTRUuS m=1f G-y. .I., DISTRICT R { .RZ I J • C mt r ZONING MAP CDI__ U l� Z QJED�d�❑2, If �� • RI 2 k��zoo 4J fid '` .k...� y r z D EL a:N� as o;4 127a tm O aeeez moeeemamN o.rwu-w am pewee--s.we /• .. - I N V/3 0 'AE TbxN cum raa acme caeNsn\s w eureav_bsd�tuivacts I i f � y;�V � °�' ,y, � ^D 11 ..� so k,,,. a• .. W m lV Z = m ATTER i. 0 —1m _A-True Copy 4 -i U) -Town Clerk E ( / � p v e . e • o • Kama This is a written petition to support the complaint 1 have filed with the Town of North Andover to remove Napoli Trucking from 52 Inglewood Street. It is my understanding that Mr. Napoli is appealing this decision to the Zoning Board so your signatures and appearance at the meeting will be a great help to rid this neighborhood of a trucking company that has grown to big to be in a residential neighborhood. Name Address y ------------------------ -------- -�-�---- -- - � -------=------------------------- --- �sca�z -- -------------- --- ---- �--------------------------------- 1---- --- =-- �- -- ---------------- -------------------------------- --- --- ------- --- -------------=--- -----------------------------------/- --------- ---- -- -------------------------'-, ---" - ----- ----- ------- ,_------ --------------- --- - -- -~ ' ---------a.------ _- -- ----- ------------ --- -- - - -alt -- - ----- - _ D!>.r --------------------------------------- ----------- -- - ---------- -------� _ 3 ea- ----------------------------L -a` e� -- �k� .tet• ------- --------- c.-- --------------------------------- --------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------- ----.. --------------------------------------------------------------------------------------------------------------------- Town ®f North Andover � NORry q Office ®f the Building Department � s Q\ f qg Community Development and Services Division William J. Scott, Division Director � gD947e0'R5 27 Charles Street 4SsncHUS North Andover, Massachusetts 01845 D. Robert Nicetta Telephone(978) 688-9545 Building Commissioner Fax.(978) 688-9542 July 4, 2001 Mr. Louis Napoli, Jr. Napoli Trucking 52 Inglewood Street M-007, P-0030 North Andover, MA 01845 Dear Mr. Napoli; I This department has received a complaint that you are operating a contractor's yard at 52 Inglewood.Street. Investigation indicates that the following equipment is housed at the location: 5 tri -axle dump trucks I -rubber tire scoop/backhoe 1 --six-wheel sander 1 -bobcat 1 -F350 dump truck 1 -bituminous spreader&roller 1 -platform trailer 7-snowplows&other miscellaneous equipment The complaint also alleges that washing of trucks produces a flow of soapy grease and oily water into the Shawsheen River. The Conservation Administrator will be requested to investigate if this water flow and the stock piling of earth material bordering the river are. violation of any conservation regulation. On site investigation reveals that that storage of the snowplows and stockpiling of earth material may be on the property of Mr. Salvatore R. Fichera; Map-007,Parcel-0032,which is in the Residence-4(R-4)District and is not allowed If the storage is on the Town of North Andover property it is not allowed In any event, you must cease and desist the use of this property immediately as a contractors yard- The ardThe writer is aware that the business is operating as a Non-Conforming"grandfather"in the R-4 District. However,it appears that the Non-Conforming use has beenexpanded throughout the years to what presently exists. Pursuant to Section 9 NON CONFORMMG USES of the North Andover Zoning By-law,which states in part"Any lawfully non-conforming building or structure and any lawfully non-conforming use of building or land may be continued in the same kind and manner and to the same extent as at the time it became lawfully non- conforming,but such building or use shall not at an time be dmg y changed, extended or enlarged except mP for a purpose . permitted in the zoning district m which the building or use is situated, or except as may be permitted by a Special Permit or otherwise by the North Andover Board of Appeals Pursuant to Section 4.122 RESIDENCE-4 DISTRICT,Paragraph 4(f)of the Zoning By-law states"The building or premises occupied shall not be.rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor,gas, smoke,noise, disturbance, or in any other way become objectionable or detrimental to any residential use within the neighborhood. The starting of the trucks between 5 and 7 A.M.,leaving and arriving all hours of the night, six days a week has also been stated by the complainant as objectionable. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 (2) It is requested that you provide the Zonhig ZoningOfficer with copies of the Zoning Board of Appeals Special permit granting.the extending or enlarging of the Non-Conforming Use at 52 Inglewood Street: In the event that a Special Permit hhs not been granted,pursuant to Section 9 of the Zoning By-law,Napoli Trucking must then cease using the site as a contractors yard within 30(thirty)days of the receipt of this notice Pursuant to Section 4.122,Paragraph 4(f)the objectionable and/or detrimental character to the Residence-4 neighborhood must end immediately. Pursuant to Section 10.13 PENALTY for VIOLATION "Whoever continues to violate the provisions of this By-law after written notice from the Building Inspector demanding 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. You have:the right;within 30(thirty)days of receipt,to aggrieve this decision before the North Andover Zoning Board of Appeals.'If you have any questions please call my office at 978-688-9545. Thanking you in advance for your cooperationia this important matter, I remain, y Yours truly, D.Robert Nicetta Building Commissioner/Zoning Officer CC:Mark H. Rees, Town Manager Brian Lagrasse, Conservation Administrator Mr.&Mrs.Ilictor DiDonato 60 Inglewood Street North Andover, MA 01845 Enclosure:Site Photos CERTIFIED MAIL RETURN RECEIPT NO: 7000 0520 0021 5970 9870 Napoli Trucking 52 Inglewood Street i M � A C E VE c JUN L Q Lir'l) i� y . 9 'sic ��1 Uci�►". �f- ��.� %,� Y�I �-� .LL%`.�e•�. .._��'_'�!/11G..1�..ir../d-Com). ..../ll.��f.. � �i��1�. ..'. _�_�... f C_ z' J 0 North Andover aQ� Conservation Dept. Memo To: William Sullivan, Chairman North Andover Zoning Board of Appeals From: Scott Masse, Chairman North Andover Conservation Commission Date: 10/9/01 Re: Napoli Trucking Present order will remain in effect and the Conservation Dept. will not take any action until proceedings take place with the Zoning Board. 1 Bureau of Resource Protection- WetlandsWPA ® Enforcement ,. for DEP use.only Form 9A Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 and North Andover Wetland Protection Bylaw. Violation Information This Enforcement Order is issued by: Extent and type of activity: North Andover Conservation Commission Washing and rinsing of consewtionCommission(Issuing Authority) Napoli Trucking c/o dumptrucks causing pollutants, To: Lou=is Napoli Jr. 'to enter the Shaws.heen River. Name of Violator II Location of Violation: Illegally dumping and filling 52 Inglewood $t. within 25 ` of the Shawsheen l SueetAddress North Andover, MA 01845 River. CiVTown Assessors Map/Plat d ParcdKotf Date of Issuance: 9/4/01 Date Findings The Issuing Authority has determined that the activity ❑ Other(specify): described above is in violation of the Wetlands Protection Act (M,G.L.c. 131, §40)and its regulations(310 CMR 10.00), because: 7 the activity has been/is being conducted without a'valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Name Dates File Number Condition number(s) I6��5?drrruJC4l,u��urrwrCnt yr ruvuurrurcrrim rrvtcr:uvu ji Bureau of Resource Protection- Wetlands WPA Foy s rc r er and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 131, X40 Protection Bylaw. lOrder, The Issuing Authority hereby orders the following(check all The property owner shall take the following action to that apply): prevent further violations of the Act: i 3 The property owner, his agents,permittees,and all Cease and desist others shall immediately cease and desist from the further activity.affecting the;Buffer Zone and/or wetland resource washing and rinsing of all areas on this property. trucks.. and all activities '' ❑ Wetland alterations resulting from said activity shall be within 25of the Shawsheen River. corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent.The completed application and plans for all.proposed work as.required by Appear before the NACC on the Act and regulations shall be filed with the.Issuing Authority on or before (date). 9/5/01 No further work shall-be performed until a public hearing Failure to comply with this Order may constitute grounds has been,held and an Order of Conditions has been issued for additional legal action.Massachusetts General Laws to regulate said work. Chapter 131,Section 40 provides: "Whoever violates any provisions of this section shall be punished by a fine of not more than twenty-five,thousand dollars or by imprisonment for not more than two years or both. Each day or portion thereof of continuing violation shall constitute a separate offense." ® APP eats/Signatures An Enforcement Order issued by a conservation commission cannot be appealed to the Department of Environmental Signatures: Protection,but may be filed in Superior Court. I Questions regarding this Enforcement Order should be directed to: Conservation Dept. IVLI Name 978 . 688 . 9530 Phone Number Mon—Fri -8 : 30-4: 30 HoursOysAvailable Issued by North Andover Conservation Commission In a situation requiring immediate action,an Enforcement I Order may be signed by a single member or agent of the Signa(ureofdeliveyperwnorcwihed mail number commission and ratified by a majority of the members at the next scheduled meeting of the commission. Sep-24-01 11 : 26A P.01 -NOR'W ANDOVER OFFITC7. OF _)N NG BOATM 01f APPEAL) '101k 1:; 41 Ez..NL Date- TO. Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone 4 978-688-9541 fax# 978-688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a or property located at, 7, q PSA o4 17— STREET- z) TOWN: )144;e zi� r Cr NAME OF PETITIONER: r eooill"az Signed: P itioner (or pet oner's representative) ATTACHMENT Post-it"Fax Note 7671 Data mUvatialtCc To D3m From colDept Co Phone 0 77nwo Fax#97k Fax ka 7n/ 1 vv 60 V�+� V' a� PQ 612 Vn� a an a � S'• �C y n 1 ¢. Q ♦♦°;; " . � ///1///J� y . S TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS PROCEDURE and REQUIREMENTS STEP 6: SCHEDULING OF HEARING AND for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules a SPECIAL PERMIT the applicant for a hearing date and prepares the legal Ten (10) copies of the following information must notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is be submitted thirty (30) days not later than noon notified that the legal notice has been prepared and the prior to the first public hearing. Failure to submit cost of the Party in Interest fee. the required information within the time periods prescribed may result in a dismissal by the Zoning STEP 7: DELIVERY OF LEGAL NOTICE TO Board of an application as incomplete. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks u the legal notice from the Office Pe I� The information herein is an abstract of more specific P P 9 requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication. are underlined will be completed by the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING The petitioner applies for a Building Permit and BOARD OF APPEALS: Thetitioner should appear in his/her behalf, or be Pe PP , receivers a Permit Denial form completed by the represented by an agent or attorney. In the absence of Building Commissioner. any appearance without due cause on behalf of the STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shall decide on the matter by using Petitioner completes an application form to petition the the information it has otherwise received. Board of Appeals for a Special Permit. All information STEP 9: DECISION: as required in items 1 through and including 11 shall be After the hearing, a copy of the Board's decision will be completed. sent to all parties in interest. Any appeal of the Board's Step 3: PLAN PREPARATION: decision may be made pursuant to Massachusetts Petitioner submits all of the required plan information as General Laws ch. 40A sec. 17, within twenty (20) days cited in item 10 page 4 of this form. after the decision is filed with the Town Cleric. STEP 4: SUBMIT APPLICATION: Step 10: RECORDING CERTIFICATE OF DECISION Petitioner submits one (1) original of all the required PLANS' information and 10 xerox copies to the ZBA Secretary. The petitioner is responsible for recording certification of The original will be stamped by the Town Clerk the decision and any accompanying plans at the Essex certifying the time and date of filing. The remaining ten County North Registry of Deeds, Lawrence copies will remain at the office of the Zoning Board of Massachusetts, and shall complete the Certification of Appeals secretary. Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). �s IMPORTANT PHONE NUMBERS: 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PACE 2 O'F'4 Date &Time RECEINEBtamp JOYCE RRADSHAW TOWN CLE- Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Napoli Trucking Co. , Inc. , 52 Inglewood Street, North Andover, MA 01845 "The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Louis Nanoli and Lucille Napoli 52 Inglewood Street North Andover MA 01845 Years Owned Land: 44 years 3. Location of Property: a. Street: 57 T13a1 elmd street Zoning District R-4 b. Assessors: Map number 7 Lot Number: 30 c. Registry of Deeds: Book Number_ 5744 Page Number: 207 4. By-Law Sections under which the petition for the Special Permit is made. North Andover Zoning Bylaws Section 9, Paragraphs 9.1 and 9.2 Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: PPti ti onPr s, eka to continlie in its, pneccn+ us h nu' ki ng business,ness, which was, comTenced in 1956 and has continued at this site since 1957 in substantially the same form and extent to the present time Petitioner states that its business is a lawfully Pim-existing "grandfathert-d" non-conforming ng usP and has, no.t significantly changed in the past "The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3;gf 4 ti Application pp for a SPECIAL PERMIT A 6.a Existing Lot: NORTH ANDOVER ZONING BOARD OF APPEALS Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear -j*n- -- ZA ---��'% 10A_£t- _3__ 33£t• —Z 20—(grandfathered) % b. Proposed Lot (S): No change in Lot dimensions. Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back " Sq. Ft. Sq. Ft. Coverage Feet Spaces N Front Side A Side D Rear -2,-5Il0- -- _ —n Za—% 1111 ft _3.! 1 la--_ 3.0__ 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units mts garage for vehicles 1 'Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. B. Proposed Buildings: No construction proposed Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building" of Units *Reference Use Code numbers and Uses from the ZoningOrdinance.dinance. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules Regulations a result in a dismissal by the Zoning Board of this application as incomplete. Signature Type above name s he a Domenic J. Scalise, attorney for Petitioner 89 Main Street North Andover, MA 01845 (978)682-4153 i j PAGE 4 OF 4 Application for a SPECIAL PERMIT _..'.� ,.„.fir . , ., r•' .< .__<.,� -. �> , .E�..:k. �.,,.;;.fix a.,„ � ��*-.� dif .��.. ,��, .,ate - , r ,,. .� "` .�,”. "`_§� 'gr 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN: detail all facts relied upon. This is required in the case A. Site Orientation shall include; of a Special Permit when the following points, based on 1. North point MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law strict (s) 2. zoning di and P 9.2 Special Permit Granting Authority shall be clearly 3. names di streets identified and factually supported: Addressing each of the 4. wetlands to be shown on plan (if applicable) below points individually is required with this 5. abutters of property,within 300 foot radius j application. 6. location of buildings on adjacent properties within 1. The particular use proposed for the land or structure. 50'from applicants proposed structure 7, deed restrictions, easements 2. The specific site is an appropriate location for such r use, structure or condition. B. Legend & Graphic Aids:1. Proposed features in solid lines&outlined in red 3. There will be no nuisance or serious hazard to 2. Existing features to be removed in dashed lines vehicles or pedestrians. 3. Graphic Scales 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 4. Date of Plan 5. The use is in harmony with the purpose and intent of 5. Title of Plan the zoning by-law. 6. Names addresses and phone numbers of the 6. Specific reference and response to the criteria applicant, owner of record, and designer orsurveyor. required by the particular special permit for which this application is made (i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS: Permit respond to criteria and submittal requirements). Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and 10. Plan of Land topographic information. A set of building elevation and Each application to the Zoning Board of Appeals shall be interior of building plans will be required when the accompanied by the following described plan. Plans must application involves new construction/conversion and/or a be submitted with this application to the Town Clerk's Proposed change in use. Elevation plans for minor Office and ZBA secretary at least thirty(30)days prior to Projects including decks, sheds, & garages shall be the public hearing before the Zoning Board of Appeals. included with a side view depicted d on the plot plan, which include a ground level elevation 10 A. Major Projects 11. APPLICATION FILING FEES Major projects are those which involve one of the following whether existing or proposed: a)five or more parking A. Notification Fees: Applicant is to send by certified spaces, mail all legal notices to all abutters, and then , b)three or more dwelling units, and c) 2000 square feet of building area. supply proof of mailing to ZBA secretary. Applicant is to supply a ro Minor projects that are less than the above limits shall PP y stain s p ( PP priate current postage)for require only the plan information as indicated with mailing of decisions to all parties of interest as identified in MGLA ch. 40A in sec. 11 as listed on the asterisks *) In some cases further information may be application. ZBA Secretary will compute number of required. stamps. B. Applicant is to supply one (1)set of addressed 10 B. Plan Specifications: labels of abutters to ZBA Secretary who will mail a) Size of plan: Ten (10) copies of a plan not to exceed decisions to abutters and parties in interest. 11"x17", preferred scale of 1"=40' C. Administrative fee of$50.00 per application. - W-1111 b) Plan prepared by a Registered Professional Engineer - - and or Land surveyor, with a block for five (5)ZBA A Special Permit once granted by the ZBA will lapse signatures and date on mylar. in two (2) years if not exercised and a new petition must be submitted. Town of North Andover, Zoning Board of Appeals APPLICANT'S PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP PARCEL NAME ✓ ADDRESS 7 30 Louis & Lucille Napoli 52 Inglewood Street (862/278) ABUTTERS PROPERTY: list by map, parcel,name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP PARCEL NAME ADDRESS 7 26 Victor S. & Debra L. DiDonato 60 Inglewood Street 7 31-.27-32 Frances V.. Fichera 59 Jetwood Street 7 . 19 Mary H & Steven Timon 2 Street Peter J. DiLendii(Trustee54 Hadwen Road 7 25 Th iLendik Trust whrrt--'i-er.' MA 01 a2 7 24 John L. & Billie A. Shulman 70 Mablin Avenue 11 27 Joseph & Diane Melucci 40 Inglewood Street John P. Routier, Jr. 11 39 Linda Cinco 11 46 John J. spadoro20 Inglewood street 11 30 Raymond P. & Theresa - unit- 1 11 30 Kam Hei & Yuk Ying Kwok 8 e - 11 31 Wendy Reed '� 11 32 Stanley & Helen Howaniec 1 38 Mablin Street THIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE ASSESSOR'S OFFICE: BY: DATE: SIGNATURE, ASSESSOR,TOWN OF NORTH ANDOVER Required list of parties of interest Page on 1 of 2 'fled by rd f Assessor North An r ` Town of North Andover, Zoning Board of Appeals APPLICANT'S PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP PARCEL NAME ADDRESS 7 30 Louis & Lucille NapQli ' 52 Inglewood street ABUTTERS PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP PARCEL NAME ADDRESS 7 33 Louis Na li Jr. & Donna 51 Jetwood Street 7 23 Mary Varance' 51.. Inglewood Street THIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE ASSESSOR'S OFFICE: BY: DATE: SIGNATURE,ASSESSOR,TOWN OF NORTH AN O /E Required list of parties of interest age on 2 of 2 0116fied by Date G r Board f Assessor North Andov r Town of North Andover Town of North Andover Town of North Andover Zoning Board of Appeals Zoning Board of Appeals Zoning Board of Appeals 27 Charles Street 27 Charles Street 27 Charles Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Town of North Andover Town of North Andover Town of North Andover Zoning Board of Appeals Zoning Board of Appeals Zoning Board of Appeals 27 Charles Street 27 Charles Street 27 Charles Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Town of North Andover Town of North Andover Louis& Donna Napoli Zoning Board of Appeals Zoning Board of Appeals 51 Jetwood St. 27 Charles Street 27 Charles Street N. Andover, Mass. North Andover, MA 01845 North Andover, MA 01845 01845 Mary Varance Victor S.&Debra L.DiDonato Frances V. Fichera 51 Inglewood St. 60 Inglewood St. 59 Jetwood St. N.Andover,Mass. N.Andover,Mass. N. Andover, Mass. 01845 01845 01845 Mary H. & Steven Timony Peter J. DiLendik, Trustee John L. &Billie A. Shulman 52 Harwwod The DiLendik Trust 70 Mablin Avenue N. Andover, Mass. 54 Hawden Road N. Andover, Mass. 01845 Worcester, MA 01602 01845 Joseph&Diane Melucci John P. Routier, Jr. & Linda John J. Spadoro Cincotta 20 Inglewood St. 40 Inglewood St. 43 Jetwood Ave. N. Andover, Mass, N. Andover, Mass. N. Andover, MA 01845 01845 01845 Raymond P. & Theresa A. Wood Kam Hei& Yuk Ying Kwok Wendy Reed 56 Jetwood Street—Unit 1 58 Jetwood Street—Unit 2 50 Jetwood St. N. Andover, Mass. N. Andover, Mass. N. Andover, Mass. 01845 01845 01845 Stanley&Helen Howaniec 38 Mablin St. N. Andover, Mass. 01845 Town of North Andover Town of North Andover Town of North Andover Zoning Board of Appeals Zoning Board-of Appeals Zoning Board of Appeals 27 Charles Street 27 Charles Street 27 Charles Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Town of North Andover Town of North Andover Town of North Andover Zoning Board of Appeals Zoning Board of Appeals Zoning Board of Appeals 27 Charles Street 27 Charles Street 27 Charles Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Town of North Andover Town of North Andover Louis& Donna Napoli Zoning Board of Appeals Zoning Board of Appeals 51 Jetwood St. 27 Charles Street 27 Charles Street N. Andover, Mass. North Andover, MA 01845 North Andover, MA 01845 01845 MaryVarance Victor S.&Debra L.D!Donato Frances V. Fichera 51 Inglewood St. 60 Inglewood St. 59 Jetwood St. N.Andover,Mass. N.Andover,Mass. N. Andover, Mass. 01845 01845 01845 Mary H. & Steven Timony r Peter J. DiLendik, Trustee John L. &Billie A. Shulman 52 Harwwod The DiLendik Trust , 70-Mablin Avenue N. Andover, Mass. 54 Hawden Road . ._ N. Andover, Mass. 01845 Worccester, MA 016U2 01845 Joseph&Diane Melucci Jo, P. Routier,iJr. &r inda John J. Spadoro 40 Inglewood St. C ,cotta 20 Inglewood St. N. Andover, Mass. 43 l twood Ave. N. Andover, Mass. 01845 . N. Andover, MA 01845 01845 Raymond P. & Theresa A. Wood Kam Hei& Yuk Ying Kwok Wendy Reed 56 Jetwood Street—Unit 1 58 Jetwood Street—Unit 2 50 Jetwood St. N. Andover, Mass. N. Andover, Mass. N. Andover, Mass. 01845 01845 01845 Stanley& Helen Howaniec V 38 Mablin St. N. Andover, Mass. / 01845 �s .--� _� . , _ �� // � � � J ,�'�