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Miscellaneous - 52 INGLEWOOD STREET 4/30/2018 (3)
I��-"" vieC � , 60 RECEIVE A P R 1 6 2002 P BUILDING D . April 10,2002 Mr.Nicetta, 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. •3 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.Ncetta. Sincerely, /l RECEIVED Victor S. DiDonato APR l.. 6 2002 60 Inglewood street 13U I LD I N G DEPT. North Andover,MA 01845 Itl6 . 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'19 7 Complaint Against: �icL/CkiiU�- iCaviS "a .�5/e�aOd (St 6-/ 7- ELECTRICAL:ELECTRICAL: PLUMBING: GAS: BUILDING CONTRACTOR: PROPERTY OWNER: OTHER: ,�/f Si d���f� L Z'U`7/%77 v5 D' /2 el(-- Signed: ZSigned: x6,2o, pECE E JUN 2 0 .2".")l BUILDING DEPT. -• - __ _�_ .. - --ate""-'�--��f��-�G��'/�G� _ � .__ _ _ - �--�L�L, - - ,�-_rte _e��= - - - ---- --- - - - -- - ---- --— ---- -- - ---- - - . I , I I I I Ilk ` I Legal Notice North Andover, Zoning Board of Appeals 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 18th day of September 2001 at 7:30 PM to all parties interested in the appeal of Napoli Trucking, Co., Inc., 52 .Inglewood Street, North Andover, MA as a Party Aggrieved of the Building Inspector for a Finding, from Section 9, Paragraph 9.1 and from Section 4.122, Paragraph 4 (f), as petitioner seeks to continue the pre-existing non-conforming use on the property 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 August 28, & Sept. 4, 2001. Review date: X _-3-- ' Legalnotice 2001/23 Ld -t.2 uiTg � C°�ag cc ai>E � co 1 � cO Or 0 "°O> O:" N ZOp �c° C VQ z � QYoma c m CL Q, iU(p O ZQ F-(Q�ry-aH0Z0aQ°mmm .� . 0>,00 �o�m��ocrnE�Lioa�mc . f- E E nr ~2DQ Z¢ coO N Z0Wt2CO) NOm2o ;° m0mtrn°on8Noa �md n�2 cm0)U)>�o o Q. �1 �Op oY°tntn 0 °sv mm�1.11 10 10 Y2 I —°9.a m�o� m � N r c > >s c LU ZN Z m=o'm¢@c�2 y o¢L a°ir o 0 o m� > `c° v ONry Page 2 of 4 Date &Time Stamp ra F�N(�� '� I _ p � �j�v£�' Application fo FY NORTH ANDOVER 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 Napoli and Lucille Nan_oli 52 Inglewood Street N Years Owned Land: Q �- o o� 3. Location of Property: `�'�' a. Street: 52 TnglPwma Street Zoning District R—a --' CD >< b. Assessors: Map number 7 Lot Number: 30 -p ��T c. Registry of Deeds: Book Number 5744 Page Number: 207 ,�, > C) { 4. Zoning Sections under which the petition for the Finding is made. See attached letter of Robert Nicetta, Building Inspector 'Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner �. Describe the Finding request: Petition seeks to continue the pre-existing non-conforming use on the property (see attached statement). '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.Failure by the applicant to clearly describe the request may result In a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not Involve additional hems not Included above. 6a, Difference from Zoning By-LAW requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) 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 A. % B. % Page 3 of 4 Application for a FINDING ®Il VG NORTM ANDOVER ZONINf; BOARD OF APPEALS 6. b. Existing Lot: 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 10,000 - - % 100 3 100 ft. Grandfathered c. Proposed Lot (S): Not Applicable 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 d. 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 Front Side A Side B Rear 12,500 n a n a % 100 30 15 15 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building` 'Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building' 'Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Finding 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 filin and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in dis . al by the Zoning goard his a lication as incomplete. SignatureU`�G�� Type above name (s) here DulnenlaJ.Scalise,Esq. 89 Main Street No.Andover,MA 0':M r9740) !v4'd -�6/5-3 DESCRIPTION OF FINDING REQUESTED Petitioner seeks to continue in its present use the trucking business which was commencedin 1956 and has continuedin substantially the same form and extent to the present time. Petitioner states that its business is a lawfully pre-existing non-conforming use and has not significantly changed in the past. 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 lucl . S' ABUTTERS PROPERTY: list by map, parcel, name and address- (PLEASE PRINT CLEARLY, USE BLACK INK) MAP PARCEL NAME ADDRESS /ic h F0.4 6'9 cvT tw,©ct 5741:vr Mwfiv- d7 /1 39 6-6 J�Xgrr oil kwc/c Ile C fw©c,& -JtetV7- THIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE ASSESSOR'S OFFICE: BY: SIGNATURE,ASSESSOR, TOWN OF NORTH ANDOVER. DATE: Required list of'partils of interest Page one�_of 0z Owbfibd by Date ;afd senor North Andov 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 It C -30 It ABUTTERS PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP PARCEL NAME ADDRESS e144 4A If 0 5/ �Gc�c�c �/f2Fr THIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY ASSESSOR'S OFFICE: THE BY: SIGNATURE,ASSESSOR, TOWN OF NORTH ANDOVER. DATE: Required list of,partie of interest Page one_ of i CwUfl by rd ssessbr North Ando v r ldl°P) Town of North Andover Office of the Building Department o '+��� °2.? e`01 `.,,e O H T Community Development and Services Division ; s William J. Scott, Division Director 27 Charles Street VSs^c►+U D. Robert Nicetta P ( )978 hone North Andover, Massachusetts 01845 Tele 688-9545 Building Coininissioner 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; 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 1 --rubber tine scoop/backhoe 1 i-six-wheel sander 1 --bobcat -�,1 -F350 dump truck 1 bituminous spreader&roller 1 -platform trailer 7-N-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 in 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 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 been expanded throughout the years to what presently exists. Pursuant to Section 9 NON-CONFORMING 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 any time be changed,extended or enlarged except for a purpose permitted in the zoning district in 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 Zoning Officer 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 has 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 cooperation in this important matter, I remain, Yours truly, p , D.Robert Nicetta Building Commissioner/Zoning Officer CC:Mark H. Rees, Town Manager Brian Lagrasse, Conservation Administrator Mr.&Mrs. Victor 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 North Andover Conservation 1 • t.t Me o 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 riW WPA Form 9A - Enforcement, Order for DEP use only 1 ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and North Andover Wet 1 ar Protection Bylaw. ' Violation Information This Enforcement Order is issued by: Extent and type of activity: North Andover Conservation Commission Washing and rinsing of Conservation commission(is-Ing Authonty) dumptrucks causing pollutants. Napoli Trucking c/o i To: Louis Napoli Jr. 'to enter the Shawsheen River. Name of Violator { Location of Violation: Illegally dumping and filling 52 Inglewood St. within 25 ' of the Shawsheen SireetAddress North Andover, MA 01845 River. Ciry/T— Assessors Map/Plat/ ParcdlLot/ 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: & 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 Dated File Number Condition number(s) n_.. in/nn n r Bureau of Resource Protection- Wetlands WPA Fr - Enforcement Order and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 731, §40 Protection Bylaw, order 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: IN. 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. — trucksand all activities- 0 Wetland alterations resulting from said activity shall be within 25 ' of 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 b•ef ore 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 rounds has been.held and an Order of Conditions has been issued g 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." ® Appeals/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. Questions regarding this Enforcement Order should be directed to: . . .Conservation Dept. Name 978. 688 . 9530 Phone Number Mon-Fri 8 : 30-4: 30 Hours/DaysAvailable Issued by North Andover Conservation Commission In a situation requiring immediate action,an Enforcement Order may be signed by a single member or agent of the Signatureotdeliveyperson ofw6fiedmail number commission and ratified by a majority of the members at the next scheduled meeting of the commission. Town of North Andover � NORTH F?Oe.`:-0 , y6�ryo0A ®Bice of the Building Department Community Development and Services Division William . Scott, Division Director J �i9sswcaug 27 Charles Street D. Robert Nicetta North Andover,Massachusetts 01845 Telephone(978)688-9545 Building Commissioner Fax(978)688-9542 MEMORANDUM To: Mark H Rees,Town Manager From: Robert Nicetta, Building Commissioner Date: July 3, 2001 Re: Correspondence Of Mr. Kerry McCollister T In response to your memo of June 28, 2001 please be advised that I met with Mr.Tony Mesiti and Mr. Ken Grandstaff at the"Berrington Place" subdivision site. At my suggestion the following safety issues where to be and have been addressed: 1. Steel plate and cover over with earth piles all manholes and catch basins. 2. Slope all dirt piles 2:1. 3. Cut all reinforcing rods flush with the top of the retaining wall. 4. Attempt to prevent access to the property by placing a locked chain across the front of the access bridge and post"No Trespassing" signs. 5. The"anchors"projecting from the vertical face of the concrete wall(s)are for the purpose of anchoring veneer and cannot be removed. Mr. Mesiti was most cooperative when the safety issues were pointed'6ht and began remedial action immediately. His office called on Monday—July 2`d to report the issues had been addressed. I performed another inspection on July 3rd and found the above safety issues had been addressed. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 '3'L o G� .r. .�C)4 t e e AIK . o . 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 1.--- - -�`----�-- --------------------- 1---- ---�- 2.--- - -- --- -------=--------------------------- ---- afiG -- --------------------- 3.---- -- ---- -- -- - ----- ----------------------------------J --- -- - ----- - _=--- �- -- - ----------------------- - - --- ------- --- - ---; 8-------- - - ---- --------------------------- --- - ---- -- -- - a -- - 9.------ - -------- —-- - - --- ------ ------------- -- - - - - - - - - --�- 10.------- --- - -- ----------a ----- -- -- -------- -- - ----------------- ---------c- '-O �b41 ------------------- ------ 12 ---- - _ Dl>�'►/ 12.------ ------- --- ------------------------------------- a=--- 13.------ - - ---------------------------- 14 -- - - -- - -- --L3� - -- - - - - - ---- -- - - ------------------------- e. rP7 1� �L✓v�d' Si .-z g- /1 tie✓��-- 15------- ------------------------------------------------------------------ --------------------------------------- 16.------------------------------------------------------------------------ 17----------------------------------------------------------------------------------------------------------------------- 18.--------------------------------------------------------------------------------------------------------------------- NAPOLI Conservation Committee Meeting of 6/12/01: Cease And Desist was— l. Ratified 2. Scheduled site inspection with full committee. 3. After site inspection—vote on further action to be taken. Bureau ofResourceProtection- wetlands I WPA For - Enforcement r er for DEP use only 1 ' 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 Conservation commission(Issuing Authonty) Napoli Trucking c/o dumptrucks causing pollutants To: Louis Napoli Jr. 'to enter the Shawsheen River. Name of Violator Location of Violation: Illegally dumping and filling 52 Inglewood St. within 25 ' of the Shawsheen Stree(Address North Andover, MA 01845 River. city/r— AssessorsMap/Plat I Parc&Aorf 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.6.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 beentis being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condition numb e'(s) MdSSdGllu,C&lJ MUPOF19111Cu&vi LZIMUMIM119al rivlcwiivu 1 Bureau of Resource Protection— Wetlands WPA Form 9 - Enforcement order and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. ®rder 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: 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. trucksand all activities-, ❑ Wetland alterations resulting from said activity shall be within 25 ' of 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." ® Appeals/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. Questions regarding this Enforcement Order should be directed to: .Conservation Dept. Name 978 . 688 . 9530 Phone Number Mon-Fri 8 : 30-4: 30 Hours/Days Available Issued by North Andover Conservation Commission In a situation requiring immediate action,an Enforcement Order may be signed by a single member or agent of the SignaNreddelimypersonorcenibed mail number commission and ratified by a majority of the members at the next scheduled meeting of the commission. Bureau of ResourceProtection- Wetlands I I WPA Form 9 - Enforcement Order for DEP use only Massachusetts Wetlands Protection Act M.G.L. C. 1311 §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 ConsavationCommission(IssuingAuthonty) Napoli Trucking c/o dumptrucks causing pollutants To: Louis Napoli Jr. . 'to enter the Shawsheen River. Name of Violator Location of Violation: Illegally dumping and filling 52 Inglewood St. within 25 ' of the Shawsheen S9reetAddress North Andover, MA 01845 River. CiVT— Assessors MoplPlat A Par&Aot! 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: �t 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 Dated File Numbe, Condition numbT(s) iWdai34I%IHIJCiLJ 11VPd19111CII9 VI UIVIOUl"NOCIIl01 rlvicvuvll Bureau of Resource Protection- Wetlands W PA Form M - Enforcement Order and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. 13 Order The Issuing Authority hereby orders the following(check all The property owner shall take the following action to thM apply): prevent further violations of the Act: 0 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_a11 areas on this property. trucksand all activities--- 0 Wetland alterations resulting from said activity shall be within 25 ' of 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." ® Appeals/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. Questions regarding this Enforcement Order should be directed to: .Conservation Dept. Name 978 . 688 . 9530 Phone Number Mon-Fri 8 : 30-4: 30 HoursiDaysAvailable Issued by North Andover Conservation Commission In a situation requiring immediate action,an Enforcement Order may be signed by a single member or agent of the Signator:of deli veypersonorcertifiedmail number commission and ratified by a majority of the members at the next scheduled meeting of the commission. Town of North Andover p� NoerN, Office of the Building Department F y Community Development and Services Division William J. ScottDivision Director « w-�• '� ' 27 Charles Street ��SSACHUS 97 North Andover,Massachusetts 01845 Telephone D. Robert Nicetta p ( 8) 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; 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 1 -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 in 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 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 been expanded throughout the years to what presently exists. Pursuant to Section 9 NON-CONFORMING 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 any time be changed, extended or enlarged except 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 BUILDENG 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 y (2) It is requested that you provide the Zoning Officer 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 has 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$300.00(three hundred dollars). Each day that such violation fcontinues shall be considered a separate offense. You have the right,within 30(thirty)days of receipt,to aggrieve this decision before the North Andover zoning Board of Appeals. If you have any questions please call my office at 978-688-9545. Thanking you in advance for your cooperation in this important matter,I remain, Yours truly, D.Robert Nicetta Building Commissioner/Zoning Officer CC: Mark H. Rees, Town Manager Brian Lagrasse, Conservation Administrator Mr.&Mrs. Victor DiDonato 60 Inglewood Street North Andover,MA 01845 Enclosure: Site Photos CERTIFIED MAIL RETURN RECEIPT NO: 7000 0520 0021 5970 9870 Napoli Trucking 52 Inglewood Street ,+ c r. _ t a ,r � r$> _, -�• -t Xis-. ... `��.•: � - AAA r�r � � �� -' '.-�`�� ice__ � +�' ii ��+F s •r t s � • 1 s . A' __ '+�3§ �' �a '�r• r'Lam". _ "t �-(., � s�t�t�t toy qtr�t `_•; E' _ __x�� ._ + "�• #` T fs.z } ' _ - '[ r � t'i.` •i1���P _ t t i�� - i- _ .. � _ t � _ Tl i fib fir,:- ,r ♦r - r-+ s ty •R� � ` toic t � �% t s i ; JM t-'M ,-• `r t sr• r t j1 u i `+ a '• "' - Wit. a• �y �f:. .. R .!• I•u'fi J t r t `.� _ '�__ �i �- t.`iA-�/� +..�s� - . 't}`:.S7n y ,�;,�j . U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance CoLrage Provided) O r- � NORTH ANDOVER, KA 01845 C3 Postage $ 0.57 UNIT IN 0845 ErCertified Fee 2.10 50 Postmark Return Receipt Fee 1. � r=l (Endorsement Required) Here ru Clerk: KZKM7F C3 Restricted Delivery Fee C3 (Endorsement Required) O Total Postage fl Fees $ 4.17 07/05/01 ru uleC/p ant,'sl Name (Please Print Clearly)(Toecompma lete/derby iler) r3 Street Apt.No.;-WP Box No. o _d _ �t1 _ -- ---------------------------------- city,s%�l ®v 1j — PS Form :►0 Certified Mail Provides: ■A mailing receipt s A unique identifier for your mailpiece m A signature upon delivery ®A record of delivery kept by the Postal Service for two years Important Reminders: ®Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. o Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ®For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". m If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B.'Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C. Sig ure 94� ❑Agent ■ Attach this card to the back of the mailpiece, 6-&19- or on the front if space permits. �14111 ❑Addressee D. Is delivery address di ent from item 1? ❑Yes 1. Article Addressed to: r If YES,enter deliverfaddress below: ❑ No 3. Service Type 'Cq Certified Mail ❑ E ress Mail❑ Registered ❑,Re rn Rseipt fo)M ;' ' ndise F-1InsuredMail El .00 4. Restricted Delivery?(Extra 10 `d7 Yes 2. Article Number(Copy from service label) moo fx�y oo6t 1 59 -k) QTS PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789 C� B UNITED STATES POSTAL SERVIC I E r5<<� �" First-Class Avail L t -Postage&'re6s•Paid F — USPS Permit No.G-10 • Sender: Please prit;t yourtaame, address, and ZIP+4 in this box • Osee-7-� ��iltl�tll�1lt�ttittitltitttsiit�ititll3ttittf��ttlttf�tEiteii r e e . o . This is a written petition to support the complaint I 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 1.--- - - ----------- = ----------------------t-1---- -- - 2.--- - - -- --- ----------------------------------- --- -- - --------------- 3.---- -- ---- -- -- - ----- --------------------------------- --- � r�-- 4.----- - ---- - -----------------------CA -- - --- ------ --- - -- - ✓ �Uxt 6.----- ' - -- --- - - --------- - - -- -------------- �-�� --- a=- -w p--------s- 1 _ v� ------------------------- 9------ ---------------------9.------ -------- 10 ------- -------10.------- ------ - --- - ;- -~-C- - - ------------ ------ -- -- -------- - - ---------- 11.- --- -�'! r- -- - -- --------------------1__' --- ----'-4f���"�"_--- -- - 12.------ q---r--- ---- ------------- ----------------------X a--- -- -- - --------------I- 13.-------- - - r ---------------------------- 14. � ----------------------------f ------- ---- G�C' pop— -------------------------------- f? 1' �G✓v� S i rt g--_ /� c_�a✓o r"" 16.------------------------------------------------------------------------------ 17.-------------------------------------------------------------------------------------------------------------------- 18.--------------------------------------------------------------------------------------------------------------------- �4 TOWN OF NORTH ANDOVER OFFICE OF THE BUILDING DEPARTMENT COMMUNITY DEVELOPMENT AND SERVICES 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 D. R.Nicetta, ?�s"°oT", +ao Telephone(978)688-9545 Building Commissioner ; _ F p FAX(978)688-9542 �9SSACHUS�t FAX TRANSNIISSION TIME: DATE / O' o l NO. OF PAGES QDVVC To. "116 FROM: L SUBJECT: BUILDING DEPT FAX NUMBER 978-688-9542 To Fax# ) 13 REMARKS: nye t�,� i Q-b1f3�2S o,� ss+. �NQ�C�'c.-�ei� �1►„e��-�. �3 a fl2z' BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Faire .1� it �. ECEOMC� �Vi e AUG 16 2001 ps, �" o BUILDING DEPT. Town of North Andover E MpRr~ Office of the Building Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street ?�S�c D.Robert Nicetta North Andover,Massachusetts 01845 Telephone(978)688-9545 Building Commissioner Fax(978)688-9542 July 5,2001 Mr.&. Mrs. Victor DiDonato 60 Inglewood Street North Andover,MA 01845 Re: Napoli Trucking 52 Inglewood Street Dear Mr. &Mrs. Di Donato; As per your request please find copy of correspondence of action taken by this office in response to your complaint of June 20, 2001 in the above-referred matter. Yours truly, D.Robert Nicetta Building Commissioner/Zoning Officer BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 TO DATE ;y TIME /D AM H FROM G AREA CODE PM OF NO. EXT. E nn E M s E s A M G E SIGN PHONED BACK CALL RNED SEE YOUO AGAIN ALL WAS IN URGENT❑ Town of North AndoverNORTH O� t�eo °'�qr Office of the Building Department '.'°° � , 9 Community Development and Services Division William J. Scott, Division Director 27 Charles Street 9Ss�CHusst D. Robert Nicetta p ( )978 hone North Andover,Massachusetts 01845 Tele 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; 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 1 -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 in 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 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 been expanded throughout the years to what presently exists. Pursuant to Section 9 NON-CONFORMING 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 any time be changed, extended or enlarged except for a purpose pemutted in the zoning district in 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 i (2) It is requested that you provide the Zoning Officer 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 has 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. E 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 cooperation in this important matter,I remain, Yours truly, D.Robert Nicetta Building Commissioner/Zoning Officer CC: Mark H. Rees,Town Manager Brian Lagrasse, Conservation Administrator Mr.&Mrs. Victor DiDonato 60 Inglewood Street North Andover,MA 01845 Enclosure: Site Photos CERTIFIED MAIL RETURN RECEIPT NO: 7000 0520 0021 5970 9870 Napoli Trudcing 52 Inglewood Street i Town of North Andover °f N°RTN Office of the Building Department ° Community Development and Services Division As Williamj. Scott, Division Director ' '4 °� w-•�'' ' 27 Charles Street �9SSACMUS D. Robert Nicetta P ( )978 North Andover,Massachusetts 01845 Telephone 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; 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 1 —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 in 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 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 been expanded throughout the years to what presently exists. Pursuant to Section 9 NON-CONFORMING 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 any time be changed, extended or enlarged except for a purpose permitted in the zoning district in 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 Zoning Officer 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 has 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 cooperation in this important matter, I remain, Yours truly, D.Robert Nicetta Building Commissioner/Zoning Officer CC: Mark H. Rees, Town Manager Brian Lagrasse, Conservation Administrator Mr.&Mrs. Victor 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