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HomeMy WebLinkAboutMiscellaneous - 52 INGLEWOOD STREET 4/30/2018 (6) / 52 INGLEWOOD STREET 2101007.0-0030-0000.0 r e e t I I April 16, 2004 Mr. D. Robert Nicetta Building Commissioner and Zoning Enforcement Officer Town of North Andover 27 Charles St. North Andover, Ma.01845 Dear Mr. Nicetta, This letter is a follow u to our conversation in April 15 2 04 A 0 As you know, the P , P Y trucks formerly garaged at 52 Inglewood, North Andover have since moved to a new location at Old Clark Rd, North Andover. The trucks were an issue for a few people, mostly the DiDonato's of 60 Inglewood St. After many months of complaints, phone calls, and letters from the DiDonato's, the Zoning Board decided Napoli Trucking Co. was in violation of the zoning laws. It was not legal to run a business at that address (52 Inglewood St.) My question to you is "Why is it legal for the DiDonato's to run a business (namely Vic's Vending) at their address?" There are large tractor-trailer trucks backing down the street delivering soda and the like (please refer to photos). Food is kept in their garage, and there have been feral cats walking into their garage when the doors are left open. Isn't that a health issue? Lastly, for the past week and on other occasions, a tractor-trailer truck has been parked on the street in front of their home. The truck is being driven by their son. Most recently, the truck has been parked in their driveway (as the picture indicates.) think the town should look into this matter. The DiDonato's should not be able to park trucks and run a business next door to a business that was asked to move for the very same reasons. am sure you understand the situation and will follow up with this complaint. I would appreciate a reply as soon as possible. Thank you for your time. Sincerely, Donna Napoli 51 Jetwood St. North Andover, Ma. 01845 Tel-978-685-0629 TOWN OF NORTH ANDOVER F NORTH q Office of COMMUNITY DEVELOPMENT AND SERVICES HEALTH DEPARTMENT 27 CHARLES STREET NORTH ANDOVER,MASSACHUSETTS 01845 9isACHuSE` 978.688.9540—Phone Susan Sawyer,REHS/RS 978.688.9542—FAX Public Health Director healthdept@townofnorthandover.com www.townofnorthandover.coni lY X Ta A", -ve__s From: Fax:(1,17) c (9 3 -4 77`D Pages: Phone: Date: Re: V; G-S VCA-,J CC: ❑ Urgent �or Review ❑ Please Comment ❑ Please Reply El Please Recycle Please contact the Health Department at the above numbers for further assistance. COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston—Northeast Regional Office JANE SWIFT BOB DURAND Governor Secretary DEC Z 0 .2002 LAUREN A.LISS Commissioner Napoli Trucking Company,Inc. RE: BWP—NORTH ANDOVER 52 Inglewood Street _ COMPLIANCE with M.G.L. .North Andover,MA 01845 Chapters 21C&21 &43(2) 314 CMR 3.00-7.00 310 CMR 30.00 IWW-Non-notifier Attn:Louie Napoli MV9786837497 VSQG-Waste Oil DEC 2 6 2002 FMF Facility#370357 Dear Mr.Napoli: On September 5,2002 Department personnel conducted a Comprehensive Compliance Inspection at 52 Inglewood Street,North Andover. The purpose of this inspection was to determine the compliance status of the Napoli Trucking Company,Inc.with regard to the Massachusetts environmental regulations referenced above. On the inspection date,regulatory violations were observed. On September 30,2002,a Notice of Noncompliance (File No.NON-NE-02-9137-2A)was issued to Napoli Trucking Company,Inc. On December 13,2002,Department personnel conducted follow-up inspections. Based upon observations made during the follow-up facility inspections, a review of company records,and subsequent submittal of information on December 18,2002,it has been determined that Napoli Trucking Company,Inc.had returned to compliance with the above referenced regulations as of the date of the follow-up inspections. If you have any questions relative to environmental regulatory compliance at your facility,please contact David P.LaBrode at the letterhead address or by calling(978)661-7632. Ve y yours, ` Ed awlo kl David P.LaBrode Chief,Compliance and Enforcement Environmental Analyst Bureau of Waste Prevention EJP/DPL cc: Fire Dept., 124 Main Street,North Andover,MA 01845 Board of Health,27 Charles Street,North Andover,MA 01845 NERO—LaBrode,Casella This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 205A Lowell St. Wilmington,MA 01887 . Phone(978)661-7600 . Fax(978)661-7615 . TTD#(978)661-7679 0 Printed on Recycled Paper COMMONWEALTH OF MASSACHUSETTS s EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION µ Metropolitan Boston—NortheasCRegionajbffce to.n ey t JANE SWIFT ou 2 2002 BOB DURAND Governor $ Secretary SEP :2002 3 ,0 ;LAUREN A.LISS C �J L L - - _ r Commissioner Napoli Trucking Co.,Inc. 52 Inglewood Street RE: BWP—NORTH ANDOVER North Andover,MA 01845 NONCOMPLIANCE with M.G.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: NOTTC'F, OF NONCOMPLIANCE E 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 every day from now on that you are in noncompliance with the requirements described in this Notice of Noncompliance. This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 205A Lowell St. Wilmington,MA 01887 . Phone(978)661-7600 . Fax(978)661-7615 . TTD#(978)661-7679 Web Site:http:/twww.Mass.Gov/DEP i,«1 Printed on R..Oed Paper a 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 this matter,contact David P. LaBrode of this office at the letterhead address or by calling(978)661-7632. Very truly yours, Edward J.Pawlowski Chief, Compliance and Enforcement Bureau of Waste Prevention EDPL/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-I- NOTICE OF NONCOMPLIANCE NONCOMPLIANCE SUMMARV 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 RE(JUIRFMFNTS NC)T COMPLIED WITH: Personnel from the Department conducted a compliance inspection at Napoli Trucking Co.,Inc. The following are the observed violations: HAZARDOUS WASTF. (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 material. If the Department prescribes 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 small quantity 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-A very 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 Trucking Co.,Inc. 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 Department shall be in the vehicle at a 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 CMR 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 person 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. 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 visible line or piece of tape on the floor,or by a gate or fence,or by a sign at the boundary of a clearly distinguishable 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. TNDITSTRTAT.WASTEWATER (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. t 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." (2) 314 CMR 3.03(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 BE TAKEN. AND THF, DEADLINE FOR TAKING SUCH AC 3:TON* HA7.ARDOITS WASTE (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 in receipt of written confirmation 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,this office must be in receipt of written confirmation that this has been done. Napoli Trucking Co.,Inc. Notice of Noncompliance Page-5- (4) Immediately upon receipt of this Notice, mark the above referenced container with the required information. Within thirty(30)days of your receipt of this Notice,this office must receive from you written confirmation that this has been done, and will continue to be done. (5) Immediately upon receipt of this Notice,post a sign with the words "WASTE OIL",in accordance with the above referenced regulation. Within thirty(30)days of your receipt of this Notice,this office must be in receipt of written confirmation that this has been done. (6) Immediately upon receipt of this Notice,post a sign with the words "WASTE OIL",in accordance with the above referenced regulation. Within thirty(30)days of your receipt of this Notice,this office must be in receipt of written confirmation that this has been done. (7) Immediately upon receipt of this Notice,clearly distinguish waste accumulation areas from areas where wastes are not accumulated. Within thirty(30)days of your receipt of this Notice,this office must be in receipt of written confirmation that this has been done. (8) Immediately upon receipt of this Notice,close all containers accumulating waste oil, and continue to keep them closed except when waste is being added or removed. Within thirty(30) days of your receipt of this Notice,this office must be in receipt of written confirmation that this has been done, and will continue to be done. (8) Immediately upon receipt of this Notice,modify the waste oil accumulation areas to come into compliance with the above referenced regulation. Within thirty(30) days of your receipt of this Notice, this office must be in receipt of written confirmation that this has been done. INDTNTRIAI.WASTEWATER (1) Within Seven(7)days of receipt of this Notice eliminate the illegal discharge of industrial wastewater to surface water. (2) Choose and implement one of the following options in order to correct the above referenced industrial wastewater violation: a. Seal the floor drain within 60 days of the date of this Notice in accordance with the state plumbing code,248 CMR 2.09(1)(c)(3).Before commencing work, a revised DEP Form WS 1 (Notice of Plumbing Inspector Approval to Seal Floor Drain)must be filed with Ron Stelline at this office; or, b. If sewer is readily available,you may wish to connect your effluent discharge to the existing line. Prior to construction contact the Pretreatment Coordinator of the local Wastewater Treatment Facility for 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 P.O.Box 116 North Grafton,MA 01536 Attn:Paul Hogan and DEP/Industrial Wastewater Section 205A Lowell Street Wilmington,MA 01887 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 of written confirmation as to the actions taken or planned to convect the industrial wastewater violation(s)cited herein. DATE: 2,61 2- Edward J. Pawlowski Chief, Compliance and Enforcement Bureau of Waste Prevention �)kI4 p. jx'&W-C�- David P. LaBrode Environmental Analyst Certified Mail P:\DL/sk Town of North Andover Office of the Zoning Board of Appeals ? Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 'SswcHuset D. Ropert Nicetta Telephone(978)688-9541 13uilclidg Commissioner Fax(978)688-9542 Memorandum <U To: Napoli Trucking Company 52 inglewood Street North Andover,Massachusetts 01845 From: William J. Sullivan,Chairman North Andover Zoning Board of Appeals Date: December 2,2003 Subject: Decision 2002-053 for Napoli Trucking,Clark Street,dated December 10,2002. Please be advised that the Zoning Board of Appeals at the regular November 18,2003,voted to include the Site Development Plan for Napoli Trucking on land off Clark Street,North Andover,Mass.;prepared by Philip G. Christiansen,Civil Engineer,#28895,Christiansen&Sergi, 160 Summer Street,Haverhill,MA 01830,dated September 28,2003,last revised March 17,2003.signed by the North Andover Planning Board as a part of decision 2003-053. Upon a motion by Walter F. Soule,and 2ad by John M.Pallone,the Board voted to accept the modification. Voting in favor; William J. Sullivan,Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D. LaGrasse. Town of North Andover Board of Appeals, t vA, William J. Suivan,Chairman Modification 2003-053/1 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 PATRICK J. DONOVAN ASSOCIATES, INC. claim and Foss Ad astments AUG 4 /997 P. O. BOR 110 WAKEFIELD, MA 01880 +I (617) 245-5540 — FAX (617) 245-7016 August 1, 1997 Building Commissioner City or Town Hall North Andover, MA 01845 Insured : Louis & Lucille Napoli Property Address : 52 Inglewood Street North Andover, MA 01845 Insurer : Preferred Mutual Policy Number : PHOO100521602 Type of Loss : Water Damage Date of Loss : 07/19/97 Claim has been made involving loss, damage or destruction of the above-captioned property, which may either exceed $1,000 or cause Mass. Gen. Laws, Chapter 143, Section 6, to be applicable. If any notice under Mass. Gen. Laws, Chapter 139, Section 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned Insured, location, policy number, date of loss and file number. On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail. o n Spa, no ASSOCIATION OF INDEPENDENT INSURANCE ADJUSTERS SMT , of Massachusetts ��