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Home My WebLink AboutMiscellaneous - 544 SHARPNERS POND ROAD 4/30/2018 (2) 544 SHARPNERS POND ROAD S � �� 210/105.D-0125-0000.0 I"-{ 3 1 c l r� DelleChiaie, Pamela Subject: COMPLAINT: NOISE/NUISANCE - 544 Sharpners Pond Road-Follow-up regarding response to letter mailed 7/20/12 - RESPONSE NEEDED BY RECIPIENT BY MON. 7/30/2012 Location: 544 SHARPNERS POND ROAD Start: Mon 7/30/2012 12:00 AM ' End: Tue 7/31/2012 12:00 AM Show Time As: Free Recurrence: (none) Meeting Status: Meeting organizer Organizer: DelleChiaie, Pamela ' Required Attendees: Sawyer, Susan COMPLAINT: NOISE/NUISANCE-.544 Sharpners Pond Road-Follow-up regarding response to letter mailed 7/20/12 -RESPONSE NEEDED BY RECIPIENT BY MON.7/30/2012 NOTE: LETTER DATED 7/18/12 -MAILED 7/20/12-ALLOW FOR DELIVERY TIME PLUS 7 DAYS (WEEKEND)ALLOW RESPONSE BY 7/30/12 HOMEOWNERS -MARY&z BENJAMIN HORN r` t�+ t r i 1 r�"� ,$fig -�,f�"'� ..r�� t�' �.�,y.� s- +'+ yy', r tz'v rw r �r: u � �?`�• i .. ' i' • ¢ -� ! ,.. 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'= CT-2014-000032 Status: Closed GIS#: 6575'x;. Violator: BEN AND MARIA HORN E Address:-- ' 544 SHARPNERS POND ROAD Map: :105.D Address:, " Date Recv 66t=21'�013 - Time"Reevd.: 07.27 AI "��Block: `0125 - NORTH ANDOVER,IVIA 01 Category: f` a w Noise y Lot: Type: Residential, GeoTMS Module: Board of Health District:'. Trade: RecorcYed,By: . Lisal�Blackburn Zoning,_ Structure: Description,' 3s " Complaint"` Kevin-Callaliaa:(owner of 548=Sharpneis Pond Rd.)sent 2'emails to`Susan Sawyer(one oWIO/21/13 and one on 10/28/13)regarding a noise:complaint against-his neighbor-Ben Horn ai'44 Sharpners Pond Rd.(see attached emails). _. Comment - - Susan-Sa er In"spector Assigned to Complaint:. � Contacts Contact Type Date Time Name Phone Best Time To Reach Recorded By Response Letter Oct-21-2013 7:27 AM Kevin Callahan Lisa Blackburn Follow-Up by Health Director Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL Nov-27-201.3 3:43 AM Follow-Up by Health Susan Sawyer responded to Director the 2 emails sent by Kevin Callahan.Mrs.Sawyer contacted Thomas Natario at the DEP and consulted with him regarding the complaint (see attached email).It was determined that the Health Department can not take any action as of now regarding the complaint unless future evidence is submitted.Case closed. 2013 Des Lauriers Municipal Solutions, Inc. Page 1 of I Sawyer, Susan From: kevin3851@verizon.net Sent: Monday, October 21, 2013 7:27 AM To: Sawyer, Susan Subject: Noise complaint - 544 Sharpners Pond Rd Hello Susan I hope all is well with you. Unfortunately,we are reporting to you once again that our neighbor Ben Horn at 544 Sharpners Pond Road has been smashing rocks with his backhoe. In addition to the noise created by his commercial equipment use, he is using his log splitter near the property line which is extremely loud and produces a cloud of noxious gas flowing into our yard. As we have done before we called the police on Saturday 10/19. Once again the policeman told us there is nothing he can do as there is no noise ordinance in the town. We explained to the policeman that there was a letter sent to Mr. Horn by the North Andover Board of Health informing him of the state law protecting citizens against noise pollution and questioning him about his continuing,chronic noise. When the policeman asked Ben Horn about this letter his response was that he doesn't remember any such letter,that he gets a lot of letters. On 10/19 1 brought the letter you sent to Mr. Horn down to the police station and spoke with the sergeant on duty, He read the letter and told me it didn't pertain to the police. He said the letter is about air pollution. So Ben Horn was then allowed to continue this noise until 7:00pm. In effect, moving forward,the police have given Mr: Horn the green light to make as much noise as he wants until 7pm. As we have told you in the past we have an autistic child with sensory integration issues. This noise is having a detrimental effect on his health and welfare. In the past the noise Ben Horn makes has prevented my oldest son from doing his homework. In the most basic of terms this man's actions in violation of the state's noise pollution laws are affecting the health and welfare of our family. We have once again been the victims of Mr. Horn's excessive noise because of the town's inaction. For over six years we have expressed our concerns about this situation and its impact on our family. We expect and deserve to have the town stop this noise pollution generated by Mr. Horn and protect the health and welfare of our family. Kind regards, Kevin J. Callahan Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 1 Sawyer, Susan From: Sawyer, Susan Sent: Thursday, November 14, 2013 8:23 AM To: 'Natario, Thomas (DEP)' Subject: FW: 544 Sharpners Pond Rd Attachments: 544 Sharpeners Pond Road 7 11 12.doc;201310281330.pdf Hi Tom, I recall we spoke about this concern. It is a reoccurring theme, and a question regarding one neighbor's passion and rights vs.the other neighbors' rights to an enjoyment of life.The citizen is insisting action by the town and brings your name into it often as a source of support. My last communication with the neighbor is attached. It is a letter from his lawyer,who is now unfortunately deceased. I had highly recommended mediation between the parties to the attorney. (last communications attached from 2012 There are no other departments who intend on enforcing anything beyond the 7PM requirement for equipment operation.They do not believe it is our job to restrict the type of equipment, nor the type of activity, based on the neighbors distain to the alleged noise. It is clear that the complainant wants someone to say that the homeowner cannot have and cannot use heavy equipment on his property at any time, because it bothers their children. Not that it is needed, but they have never produced any photos or video of the alleged noise pollution, but there is not an argument of whether the activity actually takes place. I would like to speak with you when you have time. Please give me a call at your convenience. Susan Susan Sawyer Public Health Director Town of North Andover 1600 Osgood Street Suite 2035 North Andover,MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mailto:ssawver@townofnorthandover.com Web www.TownofNorthAndover.com From: kevin3851(a-)verizon.net fmailto:kevin3851(averizon.net] Sent: Monday, October 28, 2013 8:09 AM To: Sawyer, Susan Subject: 544 Sharpners Pond Rd . Susan, Once again the concert continues at 544 Sharpners Pond Road. As I am writing this Mr. Horn is smashing rocks on the property line with his commercial backhoe. My autistic son has tried to seek refuge on the far side { 1 Sawyer, Susan From: Sawyer, Susan Sent: Wednesday, November 27, 2013 3:43 PM To: 'kevin3851@verizon.net' Cc: Bellavance, Curt; Natario, Thomas (DEP); Grant, Michele Subject: complaint- Sharpeners Pond noise nusiance Mr. Callahan, I was able to have a conversation with Tom Natario with DEP today. He was aware of your issue from your previous contact, but had not heard from anyone in a while and assumed it was closed as did this office. Mr. Natario did ask me what the current project was at the Horn's and I could not tell him that information, as I did not have specifics. I confirmed,that to date,the local Health Department has not documented any actual violations, nor can we provide any video or sound tapes demonstrating proof of the extent of the complaint. In the past,the issue of Mr. Horn using heavy equipment for projects was actually not denied by them as I recall, as it is not an illegal act in itself.Their lawyer, at that time, indicated that the Horn's denied that their actions constituted a violation. Unfortunately,Atty.Scalise is deceased now,so I am unable to contact him. Do you have any information I should forward to the Building Dept. regarding this new work? Does it involve a new structure? I understand that complaints to the NAPD have also not met a threshold that warranted action according to their officers,so we have no reports to use as documentation. Due to this lack of proof, DEP is aware that the Health Department's involvement has been purely a capacity of providing awareness and information in hopes that it could make a difference in the problem.Though there are possible consequences, such as monetary,there must still be a case to support the claim. Unless new evidence is submitted,the Health Department has determined that there can be no action by the Town.We would however encourage both parties to consider mediation, as at this point it appears to be more of a civil suit issue, which could be addressed in the courts. I am sorry it has taken me this long to return with an email indicating this negative determination. However,though it is currently considered closed, this office will of course consider any future evidence as may be submitted. I Sincerely, Susan I Susan Sawyer Public Health Director Town of North Andover 1600 Osgood Street Suite 2035 North Andover,MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mailto:ssawver@townofnorthandover.com Web www.TownofNorthAndover.com � 1 of the house so he will not hear the crashing noise. This situation has been going on for over six years. We have asked the Police,the Building Inspector, the Conservation Commission,the Town Manager and the Board of Health, all of whom have basically said that Ben Horn can do whatever he wants on his property as there is no noise ordinance in the town. However, what the Town continues to do is turn their back on the environmental laws of the State of Massachusetts. After speaking with Tom Natario of the Massachusetts Department of Environmental Protection, he has told me that it is the obligation of the Town to enforce the state environmental laws. We are asking and expecting the Town to stop selectively enforcing the laws of our state and protect the rights of our family. We have been victims of this outrageous behavior that has gone on entirely too long. Our health and welfare has been compromised. Susan, I sent an e-mail to you a week ago regarding this situation. I expected to have a response by now. If we need to meet again, we will be available this week. Your department needs to take action on this matter immediately. Kind regards, Kevin J. Callahan 548 Sharpners Pond Road North Andover 978-682-8476 From: kevin3851(awerizon.net [mailto:kevin3851(awerizon.net] Sent: Monday, October 21, 2013 7:27 AM To: Sawyer, Susan Subject:Noise complaint - 544 Sharpners Pond Rd Hello Susan I hope all is well with you. Unfortunately, we are reporting to you once again that our neighbor Ben Horn at 544 Sharpners Pond Road has been smashing rocks with his backhoe. In addition to the noise created by his commercial equipment use, he is using his log splitter near the property line which is extremely loud and produces a cloud of noxious gas flowing into our yard. As we have done before we called the police on Saturday 10/19. Once again the policeman told us there is nothing he can do as there is no noise ordinance in the town. We explained to the policeman that there was a letter sent to Mr. Horn by the North Andover Board of Health informing him of the state law protecting citizens against noise pollution and questioning him about his continuing, chronic noise. When the policeman asked Ben Horn about this letter his response was that he doesn't remember any such letter, that he gets a lot of letters. On 10/19 I brought the letter you sent to Mr. Horn down to the police station and spoke with the sergeant on duty, He read the letter and told me it didn't pertain to the police. He said the letter is about air pollution. So Ben Horn was then allowed to continue this noise until 7:OOpm. In effect, moving forward,the police have given Mr. Horn the green light to make as much noise as he wants until 7pm. As we have told you in the past we have an autistic child with sensory integration issues. This noise is having a detrimental effect on his health and welfare. In the past the noise Ben Horn makes has prevented my oldest son from doing his homework. In the most basic of terms this man's actions in violation of the state's noise pollution laws are affecting the health and welfare of our family. We have once again been the victims of Mr. Horn's excessive noise because of the town's inaction. For over six years we have expressed our concerns about this situation and its impact on our family. We expect and deserve to have the town stop this noise pollution generated by Mr. Horn and protect the health and welfare of our family. Kidd regards, Kevin J. Callahan �} 2 DOMENIC J.SCALISE AUG 0 0 M Attorney at Law `SOWN OF NOR'�61,;1)ovem 89 Main Street HEALTH 6EP' R�,.-MENT North Andover,MA 01845 - Telephone(978)6824153 Fax(978)794-2088 Email dis(a),discalise.eom August 2,2012 Ms. Susan Sawyer,Health Director North Andover Board of Health 1600 Ogsood Street North Andover,MA 01845 RE: Benjamin&Mary Horn 544 Sharpner's Pond Road North Andover,MA 01845 Dear Ms. Sawyer: Please be advised that this office represents Mr. &Mrs.Hom relative to a letter sent from your office, dated July 18, 2012. The letter states that you are investigating a complaint against my clients for chronic noise nuisance created by construction equipment. My clients adamantly deny that they are involved in any type of noise nuisance. At intermittent times, Mr. Hom does yard work which includes cutting trees, removing stumps and leveling the ground. He is also building a stone wall along one side of his lot. In order to accomplish these `personal" tasks, he uses a front end loader machine which he owns. He also uses the machine to clean snow from the common driveway which serves five neighbors and the mailbox area during the winter months. My clients have met with the North Andover Building Commissioner, Gerry Brown, regarding the use of this machine and they were told by him that is was ok to use it during certain daytime hours. The North Andover Police Department complaint referred to in your letter alleges that my client used the machine after the 7:30 pm deadline and the officer simply notified my clients of the time restriction. ` r DOAMNIC J SCALISE Attorney at Law Ms. Susan Sawyer,Health Director North Andover Board of Health Page 2 Re: Benjamin&Mary Horn Mr.&Mrs.Horn purchased their property in 2006,which consisted of a residential dwelling on 4.6 acres of land,more or less. They have since added a three stall garage to the property. Mrs.Horn has her ninety-four year old mother living with them and they enjoy their property and the additions they have made and would do nothing to interfere with their own or their neighbors' enjoyment of the area Lastly,my clients demand to know the name of the party that filed the noise complaint against them with the North Andover Board of Health. I am available to discuss this matter with you and I await your response. Very truly yours, Domenic J. valise DJS/t cc: Mr. &Mrs.Hom i Commonwealth of Massachusetts RECEIVED G City/Town of JUL Z 24. 013 System Pumping Record TOWN OF NORTH ANDOVER Form 4 HEALTH DEPARTMENT DEP has provided this form for us&by local Boards of Health. Other forms may be used, but the information must be substantially the same as that provided here. Before using.this form, check with your local Board of Health to determine the form they use.The System Pumping Record must be submitted to the local Board of Health or other approving authority. A. Facility Information 1. System Location: Left/Right front of house, Left/AiR rear of house Left/right side of house, Left/ Right side of building, Left/Right front of building, Left/ lg o building, Under deck Address Cityrrown V ` State '�•`/� Zip Code"\ 2. System Owner. Name Address(if different from location) CitylTown State/��_ (fie Telephone Number B. Pumping Record _ ``13 1. Date of Pumping Date 2. Quantity Pumped: Gallons 3. Type of system: ❑ Cesspool(s) eptic Tank ❑ Tight Tank ❑ Other(describe): 4. Effluent Tee Filter present? ❑ Yes No If yes, was it cleaned? ❑ Yes ❑ No 5. ConditlQn qf.Systevm: p 6. System Pumped By: Neil Bateson F5821 Name Vehicle License Number Bateson Enterprises Inc Company 7. Locatqignxhere contents were disposed: G.l.S. Lowell Waste Water SignAtufe cf Haule Date t5form4.doc•06/03 System Pumping Record•Page 1 of 1 y HARPNERS POND ROAD 105.D-0125 Complaint Detail Report Printed On:Mon May 13,2013 Complaint#: CT-2013-000004 Status: JClosed GIS#: 6575 Violator: HORN,BENJAMIN&MARY S� rFo,6 Address: 544 SHARPNERS POND ROAD Map: 105.13 Address: 544 SHARPNERS POND Road �• Date Recvd.: May-23-2012 Time Recvd.: 10:38 AM Block: 0125 NORTH ANDOVER,MA 018 Category: INoise Lot: Type: Residential GeoTMS Module: Board of Health District: Trade: $ _ Recorded By: IPatnela DelleChiaie Zoning: Structure: Description:544 Sharpners Pond Complaint: Verbal/phone complaint to Susan Sawyer regarding ongoing noise from excavating machines at the property nearby-544 Sharpners Pond Road on May 23,2012 spoke to Mary Callahan 548 Sharpners COMPLAINT:NOISE/NUISANCE-544 Sharpners Pond Road-Follow-up regarding response.to letter mailed 7/20/12-RESPONSE NEEDED BY RECIPIENT BY MON.7/30/2012 NOTE: LETTER DATED 7/18/12—MAILED 7/20/12—ALLOW FOR DELIVERY TIME PLUS 7 DAYS(WEEKEND)ALLOW RESPONSE BY 7/30/12 HOMEOWNERS—MARY&BENJAMIN HORN Comments• On June 5,2012 follow up w onsite visit.S.Sawyer went to the Callahans,#548.Met with homeowners;note that no machines or noise noted at that time from any source.Hence,no violations noted.Discussed the nusiance laws and the difficult enforcement of"enjoyment of property",as it is personal to all. It is very different than a set time of day or a set decible level.Observed calendar log of alleged noise over 2 week period.Showed 3 days per week approx.Outcome-Health Dir.noted intentions to review regulations with MADEP,communicate with NAPD and write a letter of information to the owners of#544;acknowleging the the complaint, and the codes that relate to nuisances. Received call from the Hom's Arty,Dominic Scalise stating a letter would be forthcoming.,Letter received August 6,2012.Sent copy of complaint report to Atty on August 7,2012 in response to request for information. Inspector Assigned to Complaint: Susan Sawyer Contacts Contact Type Date Time Name Phone Best Time To Reach Recorded By Response Caller Jul-23-2012 10:38 MARY CALLAHAN Pamela DelleChiaie To Health Inspector and AM Director Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL Jul-20-2012 10:54 AM Follow-Up by Health 7/20/12-RESPONSE Director NEEDED BY RECIPIENT BY MON.7/30/2012 NOTE: LETTER DATED 7/18/12—MAILED 7/20/12 —ALLOW FOR DELIVERY TIME PLUS 7 DAYS (WEEKEND)ALLOW RESPONSE BY 7/30/12 GeoTMS®2013 Des Lauriers Municipal Solutions, Inc. Page 1 oft '544 SHARPNERS POND ROAD Complaint Detail Report 105.D-0125 N Printed On:Mon May 13,2013 HOMEOWNERS-MARY &BENJAMIN I IORN GeoTMS®2013 Des Lauriers Municipal Solutions, Inc. — -- —.— —__— Page 2 of 2 , � i�� 1 i S 544 SHARPNERS POND ROAD 105.D-0125 Complaint Detail Printed On:Mon May 13,2013 'Complaint#: CT-2011-000005 IStatus: Flosed GIS# 6575 Violator: HORN, BENJAWN&MARY �Address: '544 SHARPNERS POND ROAD :Map: 105.13 Address: 544 SHARPNERS POND—Road : • :Date Recvd.: Jul-23-2010 Time Recvd.: 11:42 AM Block: 0125 NORTH ANDOVER,MA 018 Category: Well iType: Residential _ GeoTMS Module: !Board of Health 'District. ;Trade-:— ; -Il!Recorded By: Pamela DelleChiaie Zoning- Structure: Description:1 jCo pl Int: :7/22/10 @ 1:00 p.m.(system down) Maureen Callahan of 548 Sharpners Pond Road called. She has a well,and is concerned about construction work that her neighbor at 544 S.P.Road is doing which affects the bufferzone/wetlands area. There is a lot of water and vegetative wetland. The neighbors are planning to build an addition and a large garage,and possibly do small engine work in the garage and is concerned about oils and other toxins getting into the groundwater. The homeowners proposing the addition are Mary and Benjamin Hom. They were at the Conservation meeting last night,and a board member who also had a well brought up concerns to them,and told them to call the Health Department. Another neighbor at 546 S.P.Road also has a well downgrade from 548 and 544,and would be affected also. Maureen Callahan-978.360.7399 Case closed. ---- Comments: -- :Inspector Assigned to Complaint-,Susan Sawyer Contacts Contact Type Date Time Name Phone Best Time To Reach Recorded By Response Jul-23-2010 11:42 Maureen Callahan (978)360-7399 0 Pamela DelleChiaie AM Actions Taken GcoTNIS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL Page I of I GeoTMS@ 2013 Des Lauriers Municipal Solutions, Inc. Residential Property Record Card#1 of 1 Parcel Year:2010 as of:10/26/2009 PARCEL—ID: 210/105.D-0125-0000.0 MAP 105.D BLOCK 0125 LOT 0000.0 PARCEL ADDRESS: 544 SHARPNERS POND PARCEL INFORMATION Use-Code: 101 Sale Price: 769000 Book: 10177 Tax Class: T Sale Date: 5/12/2006 Page: 247 Tot Fin Area: 2945 Sale Type: P Cert/Doc: Tot Land Area: 4.6 Sale Valid: Y Owner#1: HORN,BENJAMIN G. Grantor: GALLAHUE, ROBERT Owner#2: HORN,MARY Inspect Date: 5/15/2006 Road Type: T Exempt-B/L%: 0/0 Address#1: 544 SHARPNERS POND ROAD Meas Date: 6/9/2000 Rd Condition: P Resid-B/L%: 100/100 Address#2: Entrance: X Traffic: M Comm-B/L%: 0/0 NORTH ANDOVER MA 01845 Collect ID: SGC Water: Indust-B/L%: 0/0 Inspect Reas: M Sewer: Open Sp-B/L%: 0/0 RESIDENCE#1 INFORMATION LAND INFORMATION NBHD CODE: 6 NBHD CLASS: 6 ZONE: R1 Style: CL Tot Rooms: 8 Main Fn Area: 1671 Attic: Seg Type Code Method Sq-Ft Acres Influ-1/2/3 Value Class Story Height: 2 Bedrooms: 4 Up Fn Area: 1274 Bsmt Area: 1293 Roof: G Full Baths: 2 Add Fn Area: Fn Bsmt Area: 380 1 P 101 S 43560 1 100/ 206910 Ext Wall: FB Half Baths: 1 Unfin Area: Bsmt Grade: 2 R 101 A 3.6 100/ 27360 Masonry Trim: Ext Bath Fix: Tot Fin Area: 2945 Foundation: CN Bath Qual: T RCNLD: 332343 Kitch Qual: T Eff Yr Built: 1987 Mkt Adj: Heat Type: HW Ext Kitch: Year Built: 1986 Sound Value: Fuel Type: O Grade: G Cost Bldg: 332300 DETACHED STRUCTURE INFORMATION Fireplace: 1 Bsmt Gar Cap: Condition: G Aft Str Val1 Str Unit Msr-1 Msr-2 E-YR-BIt Grade Cond %Good P/F/E/R Cost Class Central AC: N Bsmt Gar SF: Pct Complete: Att Str Va12: Att Gar SF: 336 %Good P/F/E/R: /100/100/89 TC C 1 2000 A A ///94 31100 Porch Type Porch Area Porch Grade Factor SE S 120 2000 A A ///94 1800 M 144 P 54 VALUATION INFORMATION SKETCH Current Total: 599500 Bldg: 365200 Land: 234300 MktLnd: 234300 Prior Tot: 634700 Bldg: 398700 Land: 236000 MktLnd: 236000 15 . 5 10 FM/1311 12 PHOTO . , 397 Sq.Ft. M A '1c _ $. 4 12144 Sq.Ft. 12 6 :32 '12 FU 1274 Sq.Ft. I 28 28 I 15 3 15 14 544 L-10 SHARPNERS POND ROAD ° ` 544 SHARPNERS POND ROAD 105.D-0125 Complaint Detail Report Printed On:Tue Aug 07,20/2 HOMEOWNERS—MARY • &BENJAMIN HORN GcoTMS®2012 Des Lauriers Municipal Solutions,Inc. Page 2 of 2 Sawyer, Susan From: Sawyer, Susan Sent: Monday, October 15, 2012 3:30 PM To: 'Kevin Callahan' Subject: noise Attachments: 20121015132545987.pdf; Sharpners Pond noise Complaint Detail.rtf Maureen, In response to your request please find the attached letter from Atty. Scalise, the legal representative for 544 Sharpeners Pond Road. I responded to him on August 8th with a copy of the "noise complaint detail" that is attached. I spoke with Attorney Scalise on the phone, around that time to explain the Health Departments position as outlined in the letter sent to the Horns. No other action is being proposed at this time. Until your call last week, there has been no other communication. Thank you, Susan Susan Sawyer Public Health Director Town of North Andover 1600 Osgood Street Bldg. 20, Unit 2035 North Andover, MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mailto:ssawve111n wnofnorthandover com Web www.TownofNorthAndover.com 1 North Andover Health Department Community Development Division NOTICE July 18, 2012 Mary and Benjamin Horn 544 Sharpners Pond Road North Andover, MA 01845 Re: Noise Complaint Dear Mr. and Mrs. Horn, This correspondence is in regards to a chronic, nuisance, noise complaint that was originally received by the Health Department on May 23, 2012 and is still an open case under investigation. The Health Office assumes you are aware that a similar complaint was reported to the N. Andover Police Department (DEP) on May 16, 2012, as the NAPD reported an officer was dispatched to your property and conversed with you about the noise created by your construction equipment. At this stage of the investigation we are notifying you of the complaint to the Health Department and afford you the opportunity to respond. As nuisances are generally covered by the state regulations, the MA Department of Environmental Protection was sent inquiries in this regard. The question was asked as to, how the DEP handles residential nuisance noise, which is unacceptable to neighbors due to the frequency of the noise events and the time of day of the events. The complainant's position is that it interferes with the peace and enjoyment of their home. Please find below an excerpt of a document supplied by Tom Natario, of MA DEP. The regulation identifies all local officials that have the approval to enforce the state regulations: "Any police department, fire department, board of health officials, or building inspector or his designee acting within his jurisdictional area is hereby authorized by the Department to enforce, as provided for in M.G.L. c. 111, § 142B, any regulation in which specific reference to 310 CMR 7.52, is cited." It also states what kinds of activities can be constituted air pollution as defined in the regulation "AIR POLLUTION means the presence in the ambient air space of one or more air contaminants or combinations thereof in such concentrations and of such duration as to: (a) cause a nuisance; 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com (b) be injurious, or be on the basis of current information, potentially injurious to human or animal life,to vegetation, or to property; or (c) unreasonably interfere with the comfortable enjoyment of life and property or the conduct of business." The Health Department is interested in protecting the public health of the citizens of North Andover.This office is requesting a response within 7 (seven)days of receipt of this letter.-Information regarding the details as to; why you continue to have heavy equipment working your site regularly and when the projects requiring the excessive noise may be complete, will assist this office in determining whether future regulatory actions are necessary. Thank you for your cooperation in this matter. Since y, S sanSawyg- , EHS/ Health Director Cc: Curt Bellavance, Com. Dev. Director 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com �a s � �� I � fly , � � . c/ - � -� � � � ��- z C�yo,mss - - ---�- u� ,6y�i�rs' North Andover Health Department Community Development Division NOTICE July 18, 2012 Mary and Benjamin Horn 544 Sharpners Pond Road North Andover, MA 01845 Re: Noise Complaint Dear Mr. and Mrs. Horn, This correspondence is in regards to a chronic, nuisance, noise complaint that was originally received by the Health Department on May 23, 2012 and is still an open case under investigation. The Health Office assumes you are aware that a similar complaint was reported to the N. Andover Police Department (DEP) on May 16, 2012, as the NAPD reported an officer was dispatched to your property and conversed with you about the noise created by your construction equipment. At this stage of the investigation we are notifying you of the complaint to the Health Department and afford you the opportunity to respond. As nuisances are generally covered by the state regulations, the MA Department of Environmental Protection was sent inquiries in this regard. The question was asked as to, how the DEP handles residential nuisance noise, which is unacceptable to neighbors due to the frequency of the noise events and the time of day of the events. The complainant's position is that it interferes with the peace and enjoyment of their home. Please find below an excerpt of a document supplied by Tom Natario, of MA DEP. The regulation identifies all local officials that have the approval to enforce the state regulations: "Any police department, fire department, board of health officials, or building inspector or his designee acting within his jurisdictional area is hereby authorized by the Department to enforce, as provided for in M.G.L. c. 111, § 14213, any regulation in which specific reference to 310 CMR 7.52, is cited." It also states what kinds of activities can be constituted air pollution as defined in the regulation "AIR POLLUTION means the presence in the ambient air space of one or more air contaminants or combinations thereof in such concentrations and of such duration as to: (a) cause a nuisance; 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fox 978.688.8416 Web www.townofnorthandover.com ti (b) be injurious, or be on the basis of current information, potentially injurious to human or animal life, to vegetation, or to property; or (c) unreasonably interfere with the comfortable enjoyment of life and property or the conduct of business." The Health Department is interested in protecting the public health of the citizens of North Andover.This office is requesting a response within 7(seven)days of receipt of this letter. Information regarding the details as to; why you continue to have heavy equipment working your site regularly and when the projects requiring the excessive noise may be complete, will assist this office in determining whether future regulatory actions are necessary. Thank you for your cooperation in this matter. Since y, S san Sawyp ;REHS/� Health Director Cc: Curt Bellavance, Com. Dev. Director 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com Of pORT11 1 F A 9 t ACNUSEt� October 26, 2009 Re: 544 Sharpners Pond Road North Andover, MA 01845 To Whom It May Concern: A recent review of our records has shown that building permit #432 was taken in September of 1999 for improvements of$16,000. To the above captioned property. On an exterior inspection completed by this office in September of 2000, a new tennis court was added as new growth to the permanent property record file. Sincer y Samuel G. Cheney, Jr Assistant Assessor/Field Appraiser Town of North Andover File Edit Val[u�e. Record Rpe�Qorts Utilities Tools Optiro�ns Help _ _ y m r Ree Parcel ID 210M OS.D25-0000.0 Parcel Year 2010 r� +Sale Date 0 /, 0 -01 ti _ State Use Code 101 -SNGL-FAM-RES Active. Y, Land Value 234300 Address SHARPNERS 544 POND ROAD Bldg Value 365200 Owner HORN,BENJAMIN G. Final Value 599500. PARCEL 9#; .' % a 'h��c His VALUATION(1) C-TENNIS-COURT :, w ``� '"��' `� Rmain Pct�Gd 94 Structure I Pct Goodt i VALUE HIST(•18) -- -- — P rY . 33033 s�r SUPPL�ASSESS(0) Det Stru Cls ,R in Pet Good LAND(2) Units C-COUNT05 3 Pct'Go RCNLD 11 r i -- 1--1 RESIDENCE(1) r Sound Value r— Measure 1 �� Pct Complete..r- GONDTcYr,UNIT(0) �* �f ��^, �.r� .Mkt Adjustment �-1 Cost Bldg 31100 . INCOME SUM(0) Eff Yr BuiR 2000 1 Flag __ Ann Pct Depr .AVERAGE Grade r---_- __- __�•• 4� Min Pct :...�BLDG PERMIT(3) �. ABATEMENT(0) CondltIO BETTERMENT(0) + DISTRICT(0) � � k �...�LIEN(0) r �zt't ' wa`re?�^�'g�•?�� f �, - a -'�„ ,. _ (Re ords Detached_Structure, Local Er>ter DET STRU CLS or select from lister 4 � sc - III ' ry —..� ;, Monday,Oct 26,2009 09:44 AM -dYReal Property for TOWN OF NORTH ANDOVER on CAMA:[BUILDING PERMIT] CURRENT YEAR UPDATE o - ��J�/,�y�1( 1 1 1 1 1 1 1 1 _�,� ��-.�+..�• 1 1 a`... .�5�.,,h �� •zy _ 1 x ��.. Y I.K` �� _. M :A1y + tsx r.�s• t+ Mt ,$ ��L.I� z sb: 1"1J4 "• 1 O e r C �t ^i,)°�X-'iY �t' ¢'.�}��.r�. �q '4'it'SS�, •:� � ,.; ,. r �4 �k,4� 11 1 t 't •� c .�. ..7i ,h••� k.*n .� '�',},! - .�4 ,w.v,■s.. � f;�l�td� ,�:iuy + _� i+ j s s { � � R fy�X"z u•a��.i ,s}-�.�a.�,'��:-. C- _� _ u-y °� .�'r"f � 4�.,i ` • "�` .k L r t.: l } i'"�� v+}.+� �-..,�" w ir>fq�>�a�-F :"i +.." t w-��r.r�� ;.i j �3„J d t,il .4`� a Il.n': � ,�•r � .��x �#-3 .�' 4A' �,.ui-x�”. »a xF �} ma •• i,'e i.t ! 1"a`� �k+ �KJ:.� ; 1 z, `7, �,.. #�''..:� ui*k��+fi A�s .� �; 4 sc ; "i•.3 } 4 k s s i-' rC4.y�"' •3°y 1 + O' +1 1 NO • 4 xi.} ief z '!`rFy�Nll r. _. aY .. r s t F ADDITION � • : 1 k�n?r'' #i- '3•X ��, 1` :I+•Zr w„��x a�'_� � ".{ ��+{� ,`''!y +y"k+.�L Y'_. �� . � :.; z";� . �d,,)r� � y��o�. •� � t� �+,-F,y�',t�fi`'yyt 3- .gy1 �,c � g+� - • 1 ,} �h a"L ca ELD F'EFIAIT it � '�,�vlT�,'vJv, n ` r a i r { ��F e �� es t� .y.- f � � 5•y t A . t ”'� .; z .1 1 1 n # + ° aj fiv + � :,,r !a' x �, w��'a sti •- a,: 4• w '•�''t' ,r. 1{#; z, 'r� -+ � � i }s '@, d -. d t• r�� ~ k YS 1 � t ,c {"� � 4 '��:. ia'3 s `�,„Xits • � �� -t. ,"�t� ��Y"k9�� 'i 4 r �.a o °C�# .A _- ■ • _ • • � ._� � Vl�I'� . �.;"' + >'� y ` 33.ri 4'✓ .:.:i... iq��: r it 4 TOWN OF NORTH ANDOVER • A. Office of COMMUNITY DEVELOPMENT AND SERVICES o: HEALTH DEPARTMENT 400 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845 'sswc�wa�` Susan Y.Sawyer,REHS/RS 978.688.9540—Phone978.688.9542—FAX Public Health Director E-MAIL: healthdept(citownofnorthandover.com WEBSITE: http://ww-w.townofnorthandover.com April 11, 2005 To all Sharpeners Pond Road Residents: Please note that it has come to the attention of the Health Department that many residents are leaving their trash barrels and trash bags out at the curbside for days, or weeks at a time. Empty trash barrels blowing about in the road are a safety hazard, and trash and debris along the roadway is a health hazard. Please be mindful of this, as the Health Department will conduct periodic inspections of the area to determine who is in violation, and fines will be issued if protocol is not followed. The Board of Health follows the State Sanitary Code regarding Human Habitation, 105.CMR.410, Section 1: 410.600 (A): Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight- fitting covers. Said receptacles and covers shall be of metal or other durable, rodent-proof material. Rubbish shall be stored in receptacles of metal or other durable, rodent-proof material. Garbage and rubbish shall be put out for collection no earlier than the day of collection. (B): Plastic bags shall be used to store garbage or mixed rubbish and garbage only if used as a liner in watertight receptacles with tight-fitting covers as required in 105 CMR 410.600(A), provided that the plastic bags may be put out for collection except in those places where such practice is prohibited by local rule or ordinance or except in those cases where the Department of Public Health determines that such practice constitutes a health problem. For purposes of the preceding sentence in making its determination the Department shall consider, among other things, evidence of strewn garbage, torn garbage bags, or evidence of rodents. 410.602 (A) Land. The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage, rubbish or other refuse. The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety, and well-being of the occupants of any dwelling or of the general public. (D) Common Areas. The owner of any dwelling abutting a private passageway,or right-of-way owned or used in common with other dwellings or which the owner or occupants under his control have the right to use or are in fact using shall be responsible for maintaining in a clean and sanitary condition free of garbage, rubbish, other filth or causes of sickness that part of the passageway or right-of-way which abuts his property and which he or the occupants under his control have the right to use, or are in fact using, or which he owns. r Residents should know the following: 4 ,r • The Town has a mandatory paper and cardboard recycling ordinance that requires residents to separate these items from their household trash. Paper and cardboard are collected every other week on the same day as the household's normal trash. Residents can call the DPW at 978.685.0950 to get their recycling schedule. Residents are responsible for picking up loose trash left at the curb after collection. Banned Items and Recycling Requirements: Please refer to the DPW website for a complete list of all the recycling requirements: http://www.northandoverrecycles.com. Please contact the Health Department if you have any additional questions. Thank you. Zan awyer, REHS/RS Public Health Director File r �- 544 SHARPNERS POND ROAD 105.D-0125 Complaint Detail Report Printed On:Wed Jul 28,2004 Complaint#: —QCT-2005-000011 IStatus: In discovery IGIS#: 16575 Violator: Address: 544 SHARPNERS POND ROAD — — — — —IMap: I105.D -Address: (Date Recvd.: Jul-28-2004 — Time Recvd.: — 1 1:41 AM —iBlock: 10125 — — — — — — — Category: Household Trash Lot: Type: IGeoTMS Module: (Board of Health (District: (Trade: R� ecorded By: (Pamela DelleChiaie — IZoning: I Structured Lescription L - Complaint: Received a call from a male anonymous caller regarding a collection of homes on his street,a mini development with four or five homes. They evidently share a — — -(common driveway area and all have to bring their trash out to the end. They leave their trash there continuously with no lids. Animals get into the cans every night, I and leave a mess all over the street,and the mess is never cleaned up. This has been going on for years. Caller's friends notice this all the time coming and going on Ithis street. ICan DPW make a point of picking up trash at the actual home sites instead of everyone leaving trash at curb on a continual basis? Trash day is Friday for this area. ISusan Sawyer,Health Director,will be investigating this problem next Thursday. Caller was advised of this fact. —— 1DPW-please advise if you can change the pick-up site for this area. (Comments: l ------ - - - - --- - I Callers Date Time Name Phone Best"Time To Reach Recorded By Response Jul-28-2004 11:41 AM Anonymous Pamela DelleChiaie Follow-Up by Health Director Actions Taken Geo"TMS Module Status Date Time Response Type Action Taken Comments Board of Hcalth REFERRAL ---- --- - — ------- GeoTMSV 2004 Des Lauriers Municipal Solutions, Inc. Page I of I o; Forest St. G h0 FORM 4- SYSTEM PLUMMG RECORD ",Icflclon.MA 01949 5�P 5�av`C 7:ARD F NORTH F HEALTH ANDOVER/ 7 1996 Qmmonwealth of Massachusetts Massachusetts System Pumping Record stem Amer ystem Location 30 Date of Pumping: T, Quantity Ptunped/3-00 gallons Cesspool: No ❑ Yes ❑ Septic Tank: No ❑ Yes 0---- SystemPumped by: . .................. .. ............ ................................... License #: ......................................... Contents transferred to: Date Inspector l t DelleChiaie, Pamela From: Sawyer, Susan Sent: Monday, July 23, 2012 3:09 PM To: DelleChiaie, Pamela Cc: Bellavance, Curt Subject: FW: Follow-up on noise complaint Can you scan the letter we sent to the Horn's and send it to the Callahans. thx From: Kevin Callahan [mailto:kevin3851@verizon.net] Sent: Wednesday, July 18, 2012 6:58 AM To: Sawyer, Susan Subject: Re: Follow-up on noise complaint Hi Susan Thank you for following up on our complaint. By way of update as to the status of the noise, we have been away for two weeks and do not know what activity took place while we were gone. However, we returned on Saturday to find that Mr. Horn has started a new project even closer to our home and pool. We were subjected to the noise of Mr. Horn digging with his bulldozer and smashing rocks Saturday afternoon and evening. Last night, a chain saw was his noise making device of choice. As we mentioned in the last e-mail, the intermittent pauses in noise are of little consolation to us. Our family has been subjected to noise generated by Mr. Horn exceeding the 10db limit continuously and unabated for years. Thank you for drafting this letter. We moved to this neighborhood specifically for the quiet and safety it afforded our son. Instead, we are being subjected to unreasonable and excessive noise each evening by Mr. Horn. We are hopeful that that your letter will have some impact and restore some level of peace and tranquility. If you could provide us with a copy of the letter once sent, we would greatly appreciate it. Thank you once again for all of your efforts on our behalf. Kind regards, Kevin and Maureen Callahan -----Original Message ----- - From: Sawyer, Susan - To: 'Kevin Callahan' Sent: Tuesday, July 17, 2012 12:26 PM Subject: RE: Follow-up on noise complaint Hello Kevin, It is good to hear there has been a reduction in noise. In response to your email; I do have a draft letter in for my Director's review. He is back from vacation tomorrow. It informs The Horn's of the complaint,the fact the DEP was contacted and the DEP definition of nuisance noise and also is requesting a response. Please note that Tom N.verbally told me that there is not a true fining mechanism in matters of nuisance. It is apparently a deterrent that is not enforceable. My research found that construction noise must cease at 7PM in NA and residential yard work can go until SPM according to DEP. DEP does not specify only lawnmowers, weed whackers etc. so with that,the letter is focusing on "enjoyment of property".The NAPD has been informed that they may enforce the regulation, but in general practice they do not enforce residential noise complaints using DEP regs. i J s �r „ l if approved I intend to send the now letter this week. Note,that there is nothing blocking you from also taking civil legal action as many have done in similar cases such as; drainage, harassment or lot line issues. Susan From: Kevin Callahan [mailto:kevin3851@verizon.net] Sent: Friday, July 13, 2012 10:05 AM To: Sawyer, Susan Subject: Re: Follow-up on noise complaint Moving forward Susan you must understand that we have beenlistening less than 100 feet from our in ar years. he fact that our neighbor has a backhoe and a payloader in his bac y residential neighborhood speaks very strongly of his intent to continue e noisuse two his egsu of 1 the cons lation tthe Massachusetts noise pollution law. The fact that he hasn't mad us. The Town has consistently told us over the years that there is nothing they can do as there is no noise ordinance in town. The fact is that it was the obligation of vholati no of this law.e Twn to enforce he We resachusetts noise asking you to enforce pollution law and eliminate the source of noise that was the noise pollution law which is the Town's obligation. ution law When we met you suggested a letter would be necessary to inform was amazingur nei when or of a monetare noise pyovlalue was put the ramifications of violating these laws. You also stated that on something, how quickly the behavior will stop. wOur shou dfamily have knothat wn and should have enforcedof the noise pollution for the last several years because the Tolike to Massachusetts noise pollution laws but didn't. As we requestedln our previous e-mail, we wolwill be taken to ensure that husv iolation of w the status of the letter you proposed and what steps have been or Massachusetts law does not continue. Kind regards, Kevin and Maureen Callahan -----Original Message----- From: Sawyer Susan To: 'Kevin Callahan' Sent:Wednesday, July 11, 2012 10:15 AM Subject: RE: Follow-up on noise complaint Hello Kevin, ou tell me how often in the past couple of weeks the noise has been a I am still interested to know the status.Can y bother to you? Thank you Susan From: Sawyer, Susan Sent: Monday, July 09, 2012 1:58 PM To: 'Kevin Callahan' Subject: RE: Follow-up on noise complaint Good afternoon, This is my first day back from vacation. Previously had completed not mett wreviewing t the Ltgyet.l Hope to dot at soon P sent the information to Lt. Carney at the NAPD,(see below) b t have depending on his availability. 2 I Can you tell me the status? Has there been a reduction at all since we met? I understand that the time period which you saw an increase in activity coincided with a time when the NA Conservation was involved with your neighbor, and he was under a time constraint in getting the job done. I wondered if that had any bearing on the increase. Susan Susan Sawyer Public Health Director Town of North Andover 1600 Osgood Street Bldg.20,Unit 2-36 North Andover,MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mailto•ssawver@townofnorthandover.com Web www.TownofNorthAndover.com From: Kevin Callahan [mailto:kevin3851@verizon.net] Sent: Monday, July 09, 2012 12:22 PM To: Sawyer, Susan Subject: Follow-up on noise complaint Hi Susan Just following up on our meeting from several weeks ago regarding the noise complaint against 544 Sharpners Pond Road. Could you please update us on the status of what actions have been taken and whether or not the letter you discussed at our meeting has been sent? Kind regards, Kevin and Maureen Callahan Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 3 4 4 s- • tTCEU 16 ' BUILDING DEPARTMENT Community Development Division November 18, 2009 Mr. Kevin J. Callahan '548 Sharpners Pond Road North Andover, MA 01845 RE: Complaint of#544 Sharpners Pond Road (Section 5.5.2) Complaint of#544 Sharpners Pond Road (Section 10.1.1) Dear Mr. Callahan: I am writing to you in order to respond to your two complaints filed with the Building Department on October 20. Our office has reviewed your complaint and has visited the property in question to investigate your complaint as well as discussed the complaint with various town departments. Based on our findings the Building Department has found any violations occurring at#544 Sharpners Pond Road. Listed below are the facts surrounding the decision. Section 5: Earth Materials Removal 5.5.2. Earth Removal Incidental to Development, Construction or Improvements The site work Mr. Horn is doing on his property is based on landscaping. Mr. Horn is in the process of moving soil in order to level out his land, not for the construction of a garage. The soil excavation is not related to a foundation or any construction that would require a building permit. Mr. Horn did state that his intentions in the future are to construction a garage. As the Zoning Enforcement Officer I did inform Mr. Horn that a garage would require an application for a building permit, as well as any soil excavation associated with the garage as outlined in Section 5 of the Zoning Bylaw. Section 10: Administration 10.1.1. Building Permit The existing tennis court has been in place for several years. Although there is no record of the permit filed in the Building Department, our office reviewed records from the Assessors' Office which indicate that a building permit (#432) was taken out in 1999 for improvements to the property. Upon inspection of the Town Assessor's Office in 1999, a tennis court was added to the property record for#544 Sharpners Pond Road. Because this work appears to have taken place almost ten years ago by the prior owner our office will not require the current owner to submit an application for a building permit. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9531 Fax 918.688.9542 Web www.townofnorthandover.com �w f A Our office will continue to monitor this property and make note of any changes that would require a permit or need approval from a Town board. If you have any other questions or need help in any way please feel free to call me at 978-688-9545. Sincerely, Gerald Brown, Inspector of Buildings copy: Curt Bellavance, Community Development Director 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofoorthandover.com NEW ENGLAND ENGINEERING SERVICES lk INC August 9, 2005 RECEIVED AUG 10 2005 North Andover Board of Health 400 Osgood Street 'SOWN OF NO",Ty��°;��``R': HEALTH DEr'rin °� '' North Andover, MA 01845 RE: TITLE V REPORT: RE: 544 Sharpners Pond Road, North Andover, MA Dear Sir or Madam: Enclosed is a copy of the Title V report for the above referenced property. The system PASSED our inspection. If there are any questions please call me at my office, 686-1768. Sincerely, -C_- C C . Benjamin C. Osgood r. Certified Title 5 Inspector 60 BEECHWOOD DRIVE-NORTH ANDOVER,MA 01845-(978)686-1768-(888)359-7645-FAX(978)685-1099 i 4 I of 11 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION TITLE 5 OFFICIAL INSPECTION FORM- NOT FOR VOLUNTARY ASSESSMENT SUBSURFACE SEWAGE DISPOSAL SYSTEM FORM PART A CERTIFICATION Property Address: 544 Sharpners Pond Road North Andover,MA Owner's Name: Robert Gallahue � ��FED Owner's Address: 544 Sharpners Pond Road North Andover,MA Date of Inspection: July 8,2005 Name of Inspector: (please print) Benjamin C.Osgood,Jr.Certified Title 5 In or A�G 1 p 2005 Company Name: New England Engineering Services Inc. TH ANDOVER Mailing Address: 60 Beechwood Drive North Andover,MA 01845 TOOE,LTH DEPARTMENT .Telephone Number: 978-686-1768 CERTIFICATION STATEMENT I certify that I have personally inspected the sewage disposal system at this address and that the information reported below is true, accurate and complete as of the time of the inspection.The inspection was performed based on my training and experience in the proper function and maintenance of the on site sewage disposal systems. I am a DEP approved system inspector pursuant to Section 15340 of Title 5(3 10 CMR 15.000).The system: Passes Conditionally Passes Needs Further Evaluation by the Local Approving Authority Fails Inspector's Signature: C Date: LZ 7& S The system inspection shall submit a copy of this inspection report to the Approving Authority(Board of Health or DEP)within 30 days of completing this inspection. If the system is a shared system or has a design flow of 10,000 gpd or greater,the inspector and the system owner shall submit the report to the appropriate regional office of the DEP. The original should be sent to the system owner and copies sent to the buyer,if applicable,and the approving authority. Notes and Comments ****This report only describes conditions at the time of inspection and under the conditions of use at that time. This inspection does not address how the system will perform in the future under the same or different conditions of use. i I 2of11 ` OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address: 544 Sharpners Pond Road North Andover,MA Owner's Name: Robert Gallahue Date of Inspection: July 8,2005 Inspection Summary: Check A,B,C,D or E/ALWAYS complete all of Section D A. System Passes: I have not found any information which indicates that any of the failure criteria described in 310 CMR 15.303 or in 310 CMR 15.304 exist. Any failure criteria not evaluated are indicated below. Comments: B. System Conditionally Passes: I0 One or more system components as described in the"Conditional Pass" section need to be replaced or repaired. The system, upon completion of the replacement or repair,as approved by the Board of Health,will pass. Answer yes,no or not determined(Y,N,ND)in the for the following statements. If"not determined"please explain. The septic tank is metal and over 20 years old*or the septic tank(whether metal or not)is structurally unsound,exhibits substantial infiltration or exfiltration or tank failure is imminent. System will pass inspection if the existing tank is replaced with a complying septic tank as approved by the Board of Health *A metal septic tank will pass inspection if it is structurally sound,not leaking and if a Certificate of Compliance indicating that the tank is less than 20 years old is available. ND explain: Observation of sewage backup or break out or high static water level in the distribution box due to broken or obstructed pipe(s) or due to a broken,settled or uneven distribution box. System will pass inspection if(with approval of Board of Health): Broken pipe(s)are replaced Obstruction is removed Distribution box is leveled or replaced ND explain: The system required pumping more than 4 times a year due to broken or obstructed pipe(s). The system will pass inspection if (with approval of the Board of Health): Broken pipe(s)are replaced Obstruction is removed ND explain: 3of11 OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENT SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address: 544 Sharpners Pond Road North Andover,MA Owner's Name: Robert Gallahue Date of Inspection: July 8,2005 C. Further Evaluation is Required by the Board of Health: O Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect public health,safety or the environment 1. System will pass unless Board of Health determines in accordance with 310 CMR 15.303(1)(6)that the system is not functioning in a manner which will protect public health,safety and the environment: Cesspool or privy is within 50 feet of a surface water Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh 2. System will fail unless the Board of Health(and Public Water Supplier,if any)determines that the system is functioning in a manner that protects the public health,safety and environment: The system has a septic tank and (SAS)Soil Absorption System and the(SAS)and the SAS is within 100 feet of a surface water supply or tributary to a surface water supply. The system has a septic tank and SAS and the SAS is within a Zone I of a public water supply. The system has a septic tank and the SAS is within 50 feet of a private water supply well. The system has a septic tank and SAS and the SAS is less than 100 feet but 50 feet or more from a private water supply well**. Method used to determine distance **This system passes if the well water analysis,performed at a DEP certified laboratory,for coliform bacteria and volatile organize compounds indicates that the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5ppm,provided that no other failure criteria are triggered. A copy of the analysis must be attached to this form. 3. Other: 3 � 4of11 ' OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENT SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address: 544 Sharpners Pond Road North Andover,MA Owner's Name: Robert Gallahue Date of Inspection: July 8,2005 D. System Criteria applicable to all systems: You must indicate"yes or No"to each of the following for all inspections: Yes No Backup of sewage into facility or system component due to overloaded or clogged SAS or cesspool Discharge or ponding of effluent to the surface of the ground or surface waters due to an overload or clogged SAS or cesspool. Static liquid level in the distribution box above outlet invert due to an overload or clogged SAS or cesspool ✓ Liquid depth in cesspool is less than 6"below invert or available volume is less than'/2 day flow Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s).Number of times pumper v Any Portion of the SAS,cesspool or privy is below high ground water elevation. ✓ Any portion of cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply Any portion of a cesspool or privy is within a Zone 1 of a public well. U Any portion of a cesspool or privy is within 50 feet of a private water supply well. --1 Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private water supply well with no acceptable water quality analysis. (this system passes if the well water analysis,performed at a DEP certified laboratory for coliform bacteria and volatile organic compounds indicates that the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrogen is equal to or less than 5ppm,provided that no other failure criteria are triggered. A copy of the analysis must be attached to this form.) NO (Yes/No)The system fails. I have determined that one or more of the above failure criteria exist as described in 310 CMR 15.303,therefore the system fails. The system owner should contact the Board of Health to determine what will be necessary to correct the failure. E. Large Systems: To be co Bred a large system the system must serve a facility with a design flow of 10,000 gpd to 15,000 You must indi either"yes"or"no"to each of the following: (The following cri ' ly to large systems in addition to the criteria above) Yes No The system is within 400 feet o ace drinking wate ply The system is within 200 feet of a tribu ace drinking water supply The system is located in a ' gen sensitive area(Interim ead Protection Area—IWPA)or a mapped Zone 1I of a public water well If you answered"yes" any question in Section E the system is considered a significant threat,o swered"yes"in Section D above the large system s failed The owner or operator of any large system considered a significant threat Section E or failed under Section D shall upgrade the system in accordance with 310 CMR 15.304. The system owner should contact appropriate regional office of the Department. 1 � 5of11 OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENT SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B CHECKLIST Property Address: 544 Sharpners Pond Road North Andover,MA Owner's Name: Robert Gallahue Date of Inspection: July 8,2005 Check if the following have been done. You must indicate"yes"or"no"as to each of the following: Yes No ✓ Pumping information was provided by the owner,occupant,or Board of Health ✓ Were any of the system components pumped out in the previous two weeks_? ✓ Has the system received normal flows in the previous two week period? ✓ Have large volumes of water been introduced to the system recently or as part of an inspection? V Were as built plans of the system obtained and examined? (If they were not available note as N/A) V/ Was the facility or dwelling inspected for signs of sewage back up? ✓ Was the site inspected for sign of break out? ✓ Were all system components,excluding the SAS,located on site? Were all the septic tank manholes uncovered,opened,and the interior of the tank inspected for the condition of the baffles or tees,material of construction,dimensions,depth of liquid,depth of sludge and depth of scum? Was the facility owner(and occupants if difference from owner)provided with information on the proper maintenance of the subsurface sewage disposal systems? The size and location of the Soil Absorption System(SAS)on the site has been determined based on: Yes No ✓ Existing information. For example,a plan at the Board of Health. Determined in the field(if any of the failure criteria related to Part C is at issue approximation of distance is unacceptable) [3 10 CMR 15.302(3)(b)] 6of11 ' OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENT SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION Property Address: 544 Sharpners Pond Road North Andover,MA Owner's Name: Robert Gallahue Date of Inspection: July 8,2005 FLOW CONDITIONS RESIDENTIAL Number of bedrooms(design) -- Number of bedrooms(actual): 9 DESIGN flow based in 310 CMR 15.203 (for example: 110 gpd x #of bedrooms): Number of current residents: Does residence have a garbage grinder(yes or no): Is laundry on a separate sewage system(yes or no): N [if yes separate inspection required] Laundry system inspected(yes or no): — Seasonal use: (yes or no): No . Water meter readings,if available(last 2 years usage(gpd): W E�L Sump Pump (yes or no): N Last date of occupancy „r r COMMERCIALANDUSTRIAL Type of establishment: Design flow(based on 310 CMR 15.203): gpd Basis of design flow(seats/persons/sgft,etc Grease trap present(yes or no): Industrial waste holding tank present(yes or no): Non-sanitary waste discharged to the Title 5 system(yes or no) Water meter readings,if available: Last date of occupancy/use: OTHER(describe): GENERAL INFORMATION Pumping Records Source of information: 92 ac 3 ar, O.vie 2 Was system pumped as part of the inspection(yes or no : A LI If yes,volume pumped:_ gallons—How was quantity pumped determined? Reason for pumping: TYPE OF SYSTEM Septic tank, distribution box,soil absorption system Single cesspool Overflow cesspool Privy Shared system(yes or no)(if yes,attach previous inspection records,if any) hmovative/Alternative technology. Attach a copy of the current operation and maintenance contract(to be obtained from system owner) Tight tank Attached a copy of the DEP approval Other(describe): Approximate age of all components,date installed(if known)and source of information: Were sewage odors detected wen arriving at the site(yes or no): A)O 7of11 ' OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENT SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION(continued) Property Address: 544 Sbarpners Pond Road North Andover,MA Owner's Name: Robert Gallahue Date of Inspection: July 8,2005 BUILDING SEWER(locate on site plan) Depth below grade: z y- Materials of construction: cast iron__;4_40 PVC other(explain) Distance from private water supply well or suction line: 2 $ Comments(on condition of joints,venting,evidence of leakage,etc.): F)Pz t-do k4-S- G-0"i> I N �3 r`1�G�r,✓i SEPTIC TANK: (locate on site plan) N Depth below grade: /2 Material of construction: X concrete metal fiberglass polyethylene Other(explain) If tank is metal list age: Is age confirmed by a Certificate of Compliance(yes or no): (attach a copy of certificate) Dimensions: _ /.SU o AR c.o n►S Sludge depth: 2" Distance from top of sludge to bottom of outlet tee or baffle: Scum thickness: Z" Distance from top of scum to top of outlet tee or baffle: Distance from bottom of scum to bottom of outlet tee or baffle How were dimensions determined: ,MFi9su2.� sTi c 1/- Comments <Comments(on pumping recommendations,inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert,evidence of leakage,etc.): TAN K /�v CT ooh Co l �i7,llc�/l , C'o A? c% 7f GREASE TRAP: ,11 (locate on site plan) Depth below grade: Materials of constriction: concrete metal fiberglass polyethylene other (explain) Dimensions: Scum thickness: Distance from top of scum to top of outlet tee or baffle: Distance from bottom of sludge to bottom of outlet tee or baffle: Date of last pumping: Comments(on pumping recommendations,inlet and outlet tee or baffle condition structural integrity,liquid levels as related to outlet invert,evidence of leakage,etc. � e 8of11 ' ' OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENT SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: 544 Sharpners Pond Road North Andover,MA Owner's Name: Robert Gallahue Date of Inspection: July 8,2005 TIGHT OR HOLDING TANK: Al 0- (tank must be pumped at time of inspection)(locate on site plan) Depth below grade: Materials of construction: concrete metal fiberglass polyethylene other (explain) Dimensions: Capacity: gallons Design Flow: gallons/day Alarm present(yes or no): Alarm level: Alarm in working order(yes or no): Date of last pumping: Comments(condition of alarm and float switches,etc.): DISTRIBUTION BOX: (if present must be opened)(locate on site plan) Depth of liquid level above outlet invert: O Comments(note if box is level and distribution to outlets equal,any evidnence of solids carryover,any evidence of leakage into or out of box,etc.): o x i ti c?K r�fl 1 J,�_ Al C D 11—c c C. G74 K k4 c>12 fi�T V� S�� t os PUMP CHAMBER: Al 4 (locate on sire plan) Pumps in working order(yes or no) Alarms in working order(yes or no) Comments(note condition of pump chamber,condition of pumps and appurtenances,etc.): i 9of11 ' OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENT SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: 544 Sharpners Pond Road North Andover,MA Owner's Name: Robert Gallahue Date of Inspection: July 8,2005 SOIL ABSORPTION SYSTEM(SAS): (locate on site plan,excavation not required If SAS not located explain why TYPE leaching pits number Z IT5 leaching chambers, number leaching galleries number leaching trenches,number in length leaching fields,number,dimensions: overflow cesspool,number innovative/alterative system Typetname of technology: Comments(note condition of soil,signs of hydraulic failure.Level of ponding,damp soil,condition of vegetation,etc) �2l'14 Cl)F. TS L-00 I-S ^1� it nti c l_ itJy G U• o C C! U f 7C. �7 A M P C t C^. C�IZ V ill�!S��R-Ci L)G C--c= %Y}-�O Ne CESSPOOLS: (cesspool must be pumped as part of inspection)(locate on site plan) Number and configuration: Depth—top of liquid to inlet invert Depth of solids layer: Depth of scum layer: Dimensions of cesspool: Materials of Construction Indication of groundwater inflow(yes or no) Comments(note condition of soil,signs of hydraulic failure,level of ponding,condition of vegetation,etc.): PRIVY: it/✓+ (locate on site plan) Material of construction: Dimensions: Depth of solids Comments(note condition of soil signs of hydraulic failure,level of ponding,condition of vegetation,etc. i i 10 of 11 , OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENT SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: 544 Sharpners Pond Road North Andover,MA Owner's Name: Robert Gallahue Date of Inspection: July 8,2005 SKETCH OF SEWAGE DISPOSAL SYSTEM Provide a sketch of the sewage disposal system including ties to at least two permanent reference landmarks or benchmarks. Locate all wells within 100 feet. Locate where public water supply enters the building. I P1 {gn)cr5 l - r 2z � J L12 11PZ- ,� 3 L-13• S P.�5 � 11 of 11 ` OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: 544 Sharpners Pond Road North Andover,MA Owner's Name: Robert Gallahue Date of Inspection: July 8,2005 SITE EXAM Slope Surface water Check cellar Shallow wells Estimated depth to ground water feet Please indicate(check)all methods used to determine the high ground water elevation: Obtained from system design plans on record–If checked,date of design plan reviewed: _Observed site(abutting property/observation hole within 150 feet of SAS) Checked with local Board of Health–explain: Checked with local excavator,installers–(attach documentation) -- Accessed USGS database-explain: You must describe how you established the high ground water elevation: US!,h M r4 5 1 N <<A i e w/T /Z 15, GT c/L- 't H✓+N b rt— s 2FA-c� �Asev+.�T tS 9� H w�L1C Ny -C- BK�'. ri01" `.oE 'Z247 QUITCLAIM DEED We,Robert F. Gallahue and Karen E.Gallahue, ot'Nortr,Andover, Essex County, Massachusetts, for consideration paid, and in full consideration of Seven Hundred Sixty-Nile Thousand and no/100 Doilars($769,000.00)paid, grant to Benjamin G. )`Torn and Mary Horn, husband and wife as tenants by the entirety, of 544 Sharpners Pond Road, North Andover. Massachusetts, with QUITCLAIM COVENANTS j 'flit land with the improvements thereon located in North Andover, #Ssex County, Massachusetts, being Lot#10 as shoum on a plan of land entitled"Plan of Land Located in North Andover,MA. Prepared for Andrew Circle Realty Trust", Scaic> 1"= 80'; Date: April 2, 1981, Drank C. Gelinas&Associates, Inc., Fngitfecrs and Architects. Said plan being recorded with the U ssex North Registry of Deeds its flan 98751. Reference may be made to said plan for a more particular description of said L,ot tt 10. Conveyed subject to a Covenant and Driveway lasement dated .lune 11, i 987 recorded with Essex North District Registry of Deeds at Book 2521, page 69. Conveyed - % subject to and with the benefit of any and all easements, restrictions,rights and encumbrances of record insofar as the same are still in force and applicable. N For our title see deed of V. Scot:Folia_rsbce, Trusice,dated June 1, 1989 and recorded with said Deeds at Book 2942,Page 262. � E,l , W1'1NESS my hand and seal this y'' day of May,2006. tt®e Robert E. Galllahue affixed wA asumMed on this 44 l rsnerr?. Karen E. GalUabue COMMONWEALTH OF MAS.SACa` USET)eS Essex, ss May 1;' �,2006 Then personally appeared the above named Robert E. Gallahne and Karen E. Gallahue,proven to me through satisfactory evidence of identification, which were drivers licenses, to be the persons whose names are signed on the attached document, and acknowledged to me that they signed it voluntarily i'or its stated puT. one,before me. C:OHEN LAW 0167XE ��g5 -- �i.C~ � �. -�f=,c ao� rY iic 973 TFJR.Np1Kw_.ggT. sANA S. C• of 'is.. N. ]DO fInT �Pve;e C •FA IMA 01$4 ARt�rrf�f 1�1j2tCf�'S+D.��;.2001 . sem.. r � ^ CC aC c.~r♦ f LOT 2 a t� _ Y _ LgT 10 140 'o PIT 4 �. n 1 Lem,• • T� I l.oz�o — ,�I 7 0 0 ---------------- ------- lp NOQT1-1 Awr�o Vp,C`MA. 0 A-wpggw CICCLH Q"LT �w- i, 10/26/09 PAGE I *PCL V2.12.8* TOWN OF NORTH ANDOVER PARCEL LISTING PARCEL ID: 2010 210/105.D-0125-0000.0 LAST UPDATED 05/16/2006 +*** PARCEL 769000 Pct Expt Bld 0 Active Y - YES Sale Price 100 05/12/2006 Pct Res Bld State Use Cd 101 - SNGL-FAM-RES Sale Date 0 1 Sale Type P - LAND-s-SLOGS Pct Ops Bld Own Acct Num 0 L-10 Sale Book 10177 Pct Com Bld Assoc Par 2 0 Par Add No 1 544 Sale Page 247 Pct Ind Bld GALLAHUE, ROBERT Pct Expt Lnd 0 Par Add St 1 SHARPNERS POND ROAD Grantor D - DEED Pct Res Lnd 100 Owner Name 1 HORN, BENJAMIN G. Verif Source Y, MARY Sale Valid 0 BORN - YES-VALID Pct Ops Lnd Owner Name 2 Z - INVALID CODE Pct Com Lnd 0 Owner Addy 1 544 SHARPNERS POND ROAD Adj Reason 05/15/2006 Pct Ind Lnd 0 Owner City NORTH ANDOVER Visit Date 6 Mm Measure Date 06/09/2000 Userchar 1 Owner State 2945 01845 Entrance R - ERTRIOR-ONLY Tot Fin Area Owner Zip 210 Tot Lnd Area 4.6 Info Source N - NONE Userchar 2 SGC Userchar 3 932065.904461854 Tax Class T - TAXABLE Collector ID 237505.743611993 N - NO Userlist 1 Y - YES Inspect Reas M - MAINTENANCE Userchar 4 Res Exempt Rl - 87,120 SF Road Type T - TWO-WAY Reinspection 200376 Road Condtn P _ PAVED Data Chg Typ oT - OTHER Usernum 1 Traffic M! _ MEDIUM Data Chg Dte 05/16/2006 Memo LOT 10 DQL STUDY CHANGED GARAGE FROM ATT TO BAS MENT 0105D 00125 00000 ++++ PAR SALES # 1 LAST UPDATED : 07/24/2006 247 Owner City NORTH ANDOVER Sale Link ID 83617 Sale Page MA 769000 Grantor GALLAHUE, ROBERT Owner State Sale Price 01845 Sale Date 05/12/2006 Verif Source D - DEED owner Zip Sale Type P - LAND-6-SLOGS owner Name 1 HORN BENJAMIN G. State Use Cd 101 - SNGL-FAM-RES Sale Valid Y - YES-VALID Owner Name 2 HORN, MARY Sale Book 10177 owner Addr 1 544 SHARPNERS POND ROAD LAST UPDATED 12/02/1990 **t: VALUATION 365200 Pct Chng Tot 94 Cost Total 599500 Sel Bldg Val 92 408365 Select Srce CS - COST Pct Chnq Bld RCN 99 365192 Final Value 599500 Pct Chng Lnd RCNLD 234300 Cur Re Tax 205100 Cost Land 234270 Land Value 205100 09/30/2009 Bldg Value 365200 Pri Re Tax Cost Date 634700 Markt Ld Val 234300 Comp Est 487200 Pri Totl Val 365200 599500 Pri Land Val 236000 Cost Bldg Select Value 32900 Sel Land Val 234270 Pri Bldg Val 398700 Det Struc Val ++++ VALUATION ADJ # 3 Adjust Pct 101 •:+: VALUE HISTORY # 1992 LAST UPDATED 12/01/1992 Select Srce CS - COST Land Value 112500 Markt Ld Val 112500 Final Value 266100 Bldg Value 153600 *+*+ VALUE HISTORY # 1993 LAST UPDATED 11/12/1993 CS - COST Land Value 101100 State Use Cd 101 - SNGL-FAM-RES Select Srce 101100 Final Value 254700 Bldg Value 153600 Markt Ld Val **** VALUE HISTORY # 1994 LAST UPDATED 07/25/1994 Select Srce CS - COST Land Value 101100 State Use Cd 101 - SNGL-FAM-RES ' .A i *PCL V2.12.8* TOWN OF NORTH ANDOVER PARCEL LISTING 10/26/09 PAGE 2 PARCEL ID: 2010 210/105.D-0125-0000.0 (Continued) Final Value 254700 Bldg Value 153600 Markt Ld Val 101100 **** VALUE HISTORY # 1995 LAST UPDATED 11/22/1995 Select Srce CS - COST Land Value 109900 State Use Cd 101 - SNGL-FAM-RES Final Value 264900 Bldg Value 155000 Markt Ld Val 109900 **** VALUE HISTORY # 1996 LAST UPDATED 06/26/1996 Select Srce CS - COST Land Value 109900 State Use Cd 101 - SNGL-FAM-RES Final Value 264900 Bldg Value 155000 Markt Ld Val 109900 **** VALUE HISTORY # 1997 LAST UPDATED 03/10/1997 Select Srce CS - COST Land Value 109900 State Use Cd 101 - SNGL-FAM-RES Final Value 264900 Bldg Value 155000 Markt Ld Val 109900 **** VALUE HISTORY # 1998 LAST UPDATED 03/19/1998 Select Srce CS - COST Land Value 123800 State Use Cd 101 - SNGL-FAM-RES Final Value 288800 Bldg Value 165000 Markt Ld Val 123800 **** VALUE HISTORY # 1999 LAST UPDATED 03/11/1999 Select Srce CS - COST Land Value 123800 State Use Cd 101 - SNGL-FAM-RES Final Value 288800 Bldg Value 165000 Markt Ld Val 123800 **** VALUE HISTORY # 2000 LAST UPDATED 03/24/2000 Select Srce CS - COST Land Value 123800 State Use Cd 101 - SNGL-FAM-RES Final Value 288800 Bldg Value 165000 Markt Ld Val 123800 **** VALUE HISTORY # 2001 LAST UPDATED 02/09/2001 Select Srce CS - COST Bldg Value 278000 Markt Ld Val 150400 Final Value 428400 Cur Re Tax 205100 Land Value 150400 State Use Cd 101 - SNGL-FAM-RES *+** VAL HIST ADJ # 2001/ 3 Adjust Pct 101 +**+ VALUE HISTORY # 2002 LAST UPDATED : 06/13/2002 Select Srce CS - COST Bldg Value 302900 Markt Ld Val 162600 Final Value 465500 Cur Re Tax 205100 Land Value 162600 State Use Cd 101 - SNGL-FAM-RES +**+ VAL HIST ADJ # 2002/ 3 Adjust Pct 101 *+*+ VALUE HISTORY # 2003 LAST UPDATED : 02/13/2003 Select Srce CS - COST Bldg Value 302900 Markt Ld Val 184300 Final Value 487200 Cur Re Tax 205100 Land Value 184300 State Use Cd 101 - SNGL-FAM-RES **** VAL HIST ADJ # 2003/ 3 Adjust Pct 101 r a *PCL V2.12.8* TOWN OF NORTH ANDOVER PARCEL LISTING 10/26/09 PAGE 3 PARCEL ID: 2010 210/105.D-0125-0000.0 (Continued) +++r VALUE—HISTORY # 2004 LAST UPDATED Select Srce CS - COST Bldg Value 357700 Markt Ld Val 201300 Final Value 559000 Cur Re Tax 205100 Land Value 201300 State Use Cd 101 - SNGL-FAM-RES **** VAL_HIST_ADJ # 2004/ 3 Adjust Pct 101 **** VALUE—HISTORY # 2005 LAST UPDATED Select Srce CS - COST Bldg Value 372800 Markt Ld Val 211200 Final Value 584000 Cur Re Tax 205100 Land Value 211200 State Use Cd 101 - SNGL-FAM-RES *'*• VAL HIST ADJ # 2005/ 3 Adjust Pct 101 ***' VALUE_HISTORY # 2006 LAST UPDATED Select Srce CS - COST Bldg Value 395100 Markt Ld Val 226900 Final Value 622000 Cur Re Tax 205100 Land Value 226900 State Use Cd 101 - SNGL-FAM-RES '*** VAL_HIST_ADJ # 2006/ 3 Adjust Pct 101 '*** VALUE—HISTORY # 2007 LAST UPDATED Select Srce CS - COST Bldg Value 432900 Markt Ld Val 259700 Final Value 692600 Cur Re Tax 205100 Land Value 259700 State Use Cd 101 - SNGL-FAM-RES '*** VAL_HIST ADJ # 2007/ 3 Adjust Pct 101 **'* VALUE_HISTORY # 2008 LAST UPDATED Select Srce CS - COST Bldg Value 418000 Markt Ld Val 236000 Final Value 654000 Cur Re Tax 205100 Land Value 236000 State Use Cd 101 - SNGL-FAM-RES •*'* VAL_HIST ADJ # 2008/ 3 Adjust Pct 101 **** VALUE—HISTORY # 2009 LAST UPDATED Select Srce CS - COST Bldg Value 398700 Markt Ld Val 236000 Final Value 634700 Cur Re Tax 205100 Land Value 236000 State Use Cd 101 - SNGL-FAM-RES **** VAL_HIST_ADJ # 2009/ 3 Adjust Pct 101 *+*+ LAND # I LAST UPDATED : 12/02/1990 Land Type P - PRIMARY Square Feet 43560 Nbad Class 6 State Use Cd 101 - SNGL-FAM-RES Acres 1 Land Value 206910 Value Method S - SQUARE-FOOT Nbad Code 6 Zone R1 - 87,120 SF **** LAND_INFLUENCE # l/ 1 Inf Adj Pct 100 1 *PCL V2.12.8* TOWN OF NORTH ANDOVER PARCEL LISTING 10/26/09 PAGE 4 PARCEL ID: 2010 210/105.D-0125-0000.0 (Continued) •4*A LAND # 2 LAST UPDATED : 12/02/1990 Land Type R - RESIDUAL Acres 3.6 Land Value 27360 State Use Cd 101 - SNGL-FAM-RES Nbad Code 6 Zone R1 - 87,120 SF Value Method A - ACRES Nbad Class 6 **** LAND—INFLUENCE # 2/ 1 Inf Adj Pct 100 ***+ RESIDENCE # 1 LAST UPDATED : 09/22/2000 State Use Cd 101 - SNGL-FAM-RES Central A C N - NO Ext Condtion G - GOOD Occupancy 1 Main Fn Area 1671 Overall Cond G - GOOD Bldg Style CL - COLONIAL Uppr Fn Area 1274 Overall Grad G - GOOD Conversion S - INVALID CODE Bsmt Area 1293 Year Built 1986 Story Height 2 Fn Bsmt Area 380 Eff Yr Built 1987 Roof Type G - GABLE Fn Bsmt Grad E - EXCELLENT Att Gar Sqft 336 Roofing AS - ASPHALT-SHNG Total Rooms 8 Fun Pct Good 100 Ext Wall Typ FB - FRAME-CLAPBD Num Bedrooms 4 Ecn Pct Good 100 Foundation CN - CONCRETE Full Baths 2 RCN 373419 Heat Type HW - HOT-WATER Half Baths 1 RCNLD 332343 Fuel Type O - OIL Bath Quality T - TYPICAL Cost Bldg 332300 Fireplaces 1 Kitchen Qual T - TYPICAL Rmain Pct Gd 89 Stacks 1 Int Condtion G - GOOD Userchar 2 1986 SketchFM(1)[L22D8]:SL13L31D28R15D3R14U3R15U28,FU(2►[L22D8]:L44SD28R15D3R14U3R15U28L44,G(1):SA336,B(0):SA896,FM{1) /B(0)[L28U12]:L44SU6R6UlOR15D5RllDllL32,P(1)[L41U9]:L44U6SU4R6D4L6,P(1)[L20U15]:U16L23SR6D5L6U5,M(1)[L6U9]: SU12L12D12R12,; 15 P6 FMB 530 sgft 5 12 10 6 11 397 sqft M 4 4 12 144 sgft 12 6 :32 112 FU 1274 sgft 28 28 15 15 3 3 14 **** RES—PORCH # 1/ 1 Porch Type M - MASONRY-DECK Porch Area 144 RES—PORCH # 1/ 2 Porch Type P - PORCH Porch Area 54 *PCL V2.12.8* TOWN OF NORTH ANDOVER PARCEL LISTING 10/26/09 PAGE 5 PARCEL ID: 2010 210/105.D-0125-0000.0 (Continued) •*** DET—STRUCTURE # 1 LAST UPDATED 09/22/2000 Structure TC - TENNIS-COURT Grade A - AVERAGE RCNLD 31051 Units C - COUNT Condition A - AVERAGE Cost Bldg 31100 Measure 1 1 Rmain Pct Gd 94 Eff Yr Built 2000 RCN 33033 **** DET—STRUCTURE # 2 LAST UPDATED : 09/22/2000 Structure SE - SHED-EQUPMNT Grade A - AVERAGE RCNLD 1798 Units S - SQUARE-FEET Condition A - AVERAGE Cost Bldg 1800 Measure 1 120 Rmain Pct Gd 94 Eff Yr Built 2000 RCN 1913 **** BUILDING PERMIT # 1 LAST UPDATED 09/23/1999 Permit Nbr 99432 Permit Type 2 - MAJOR ADDITION Amount 16000 Permit Date 09/15/1999 Permit Desc ADDITION Userdate 1 09/15/1999 **** BUILDING_PERMIT # 2 LAST UPDATED 06/16/2000 Permit Nbr 2000057 Permit Type 3 - MAJOR REMODELING Amount 5000 Permit Date 02/14/2000 Permit Desc FINISH BASEMENT Userdate 1 02/29/2000 **** BUILDING PERMIT # 3 LAST UPDATED : 11/20/2006 Permit Nbr 2006393 Permit Type 6 - MINOR REMODELING Amount 12200 Permit Date 11/13/2006 Permit Desc R/R BATH TUB 7' 548 Sharpners Pond Road North Andover, MA 01845 October 20, 2009 Mr. Gerald Brown Building Commissioner Town of North Andover 1z-20 MRin St 160o North Andover, MA 01845 Re: 544 Sharpners Pond Road,North Andover VIA CERTIFIED MAIL Dear Mr. Brown, In accordance with Section 10.1 of the Zoning Bylaw of the Town of North Andover, attached please find the following written complaints: 1) Violation of Section 5.5.2 of the Town of North Andovei Zoning Bylaw 2) Violation of Section 10.1.1 of the Town of North Andover Zoning Bylaw We appreciate your consideration in this matter and await your written findings. Sincerely, / pAk-16k Kevin Callahan l I FORM U - LOT RELEASE FORM INSTRUCTIONS: This form is used to verify that all necessary approvals/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and/or landowner from compliance with any applicable or requirements. *****************************APPLICANT FILLS OUT THIS SECTION APPLICANT -Rdx-r-}-A KgKey Ct�I4� PHONE q7g rOgg-903(0 LOCATION: Assessor's Map Number PARCEL l05•l� SUBDIVISION LOT (S)�2 STREET_ Shc>crnr,o ST. NUMBER USE ONLY RECOMMENDATIONS OF TOWN AGENTS: CON ERVATION ADMINISTRATOR DATE APPROVED 9 DATE REJECTED COMMENTS TOWN PLANNER DATE APPROVED DATE REJECTED COMMENTS FOOD INSPECTOR-HEALTH DATE APPROVED DATE REJECTED DATE APPROVED DATE REJECTED COMMENTSL vs'� r►�3 S..�to:.� IQ� ol,,.t., PUBLIC WORKS -SEWERIWATER CONNECTIONS DRIVEWAY PERMIT FIRE DEPARTMENT RECEIVED BY BUILDING INSPECTOR — - -� 7 PIN i— ----- —�--------- ----�_.,�. ------,�-` , Design. Drawn By: SII Date: Scale: II _ Revisions: !I ---- ---w—.____A—--- Deck I �� l --- — ....__ II 12'0'x14'0' Playroom 13'4"x160" li i � Breakfast <<G 9 4 X9'4' I I_ Family Room N r y.� w N Q Living Room vi Q N I Entry H 0 rn I I , Proposed First Floor Plan -- 1 /8" - 1 ' 0" A- 1 -4. = TE'3T PIT L oc AT l o v4 �= PErtc TE*T LOCATIoN yyy P I T 1 P I '.. GRAFT TOPSOIL 5UtvsoIL - f4 0 BONE-f- TILL ` W y . >— W LL a � U . i � W NO WAVE ags£RvF=Z _ s 'SERC RATE. = 8 MIN � INCEf , Jvj o BATA TEA live -,OBSERVER,M,ROSF\,-(_ ].AN.Q3o Rti+ 4 12. 84 \ lr r o <�43 STATE' (•/� ( \. ! �Q/` G pRf ST� -• �"! i/ ,! � � 'pry Q r n i STAT E NA V , POR e ST Fmo; CP4 5CALE: i -znOO '0 -i N E-W FOUND. WALL INV• FOu►.I D = /�• ' r „ �-n 4 EX. HYD(. C. I. PIPE n � { P I N t_.E.T INV INSTALL l8" DIA. ACCESS 1 > o CH LMNEY (W THM 6,l OFfG) c NEW SEPTIC TANK o x 0 y OU TL.ET INV _ � -I /26.20 7 r y i N LET INV. _ /�5►��' A � D O NEW O- boy, 7 n OUTLET 1NV. = i2�,6�r• D • r -�®- - - 4." P V. G PIPE (5C14- ZO) fnQ i INLET INIV I � r r9 j pIT e50TTON1 = /�/, � '. i (Z) /�QQQ C7q[. PIT SYSTEM D I m WATER EL.Ev- =//7.0 � (NO . WATER OBSERVE ----- D _ ES I G N., DATA Z I. PERCOLATIONTESD" 'vVAS PERFORMED ON SEPT-. ('7, ►9g`� BY. Tt1aMAS EVE. A550' . AND OBSERVED Q BY MrCNaE 1... GRAFF IR THE K10RTH ANDOVER HEALTH ' DE PT. 2. PERCOLATION RATE IN 8 MINUTES S- DESIGN FLOW : 4 BEE DOM S X 150 GAL. PER BEDROOM, PER DAY, F UALS GOO G.P. D. 5 E PT IC TANK RE QU , D '. UE S I GN FLOW; GOO G.P.D. X 150 % EQUALS 90C GAL . Z � 5• SEPTIC TANK SELECT "D: 1500 GAL. lr. CYLINDRICAL LEACH P1 LAPACITY FOR THE OF-SIGN h PERC RATE ABOVE. . • BOTTOM CAPACITY' N 3.c55 S.F. X 0.63 GAL./5.F. = 106."&AL. n SIDEWALL CAPACITY_ g.66 S.F X 1 -2-5 GAL./S.F- 249.5V. GAL. v* a TOTAL C A PAC I T Y PELF ' I T 356.b2G A L.('�YA L CAp, �12,PDQ NO. LEACH PITS R�� ',ED = DES16N FLOW = TOTAL CAPACITY/ PIT - 'a -S SELECTED. 8. FOR PIPING 'SPEC 'S . , += E SYSTEM PROFILE . 9. ANY UNUSED INLET �.. ", NC) OR OUTLETS SHALL BE PLUGGED. 10. USE HYDRAULIC, C.0. -OUND CONNECTIONS TO PROVIDE WATE RTI �I- JE- SS AT SEPTIC TANK AND DISTRIBUTION BO:: - E T S AND OUTLETS . 11. THIS 5Y5TE M 15 N«-T DESIGNED FOR A GARBAGE GRINpE R. 12. MATERIALS AND LLX!k.TI0N SHALL BE IN ACCORDANCE WIT '--� -IE Iv1 AS S . ENVIRONMENTAL CODE (TITLE 5) AND 5 ANITARY CODE OF THE HEALTH OE P T. 13. THE DESIGN ENGI1, '" , IN THE PRESENCE OF THE TOWN HE ALT '.--? `Y E i-`JT� SHALL PERFORM PERIODIC IN5PEC-l- i : <� r TH15 FACILITY. UPON COMPLETION OF Tr- CUN STRUCTION , THE DESIGN ENGINEER -- ALL CERTIFY THAT THE L l T NS ALLATION W�`�f`-: 1ADE IN ACCORDANCE CCO DANCE WITH 1415 DE SIG , .: . 14. NO DRIVEWAYS ;E LONSTRUCTE.D WITHIN 10 FEET OF ANY PCDF�. �N O THIS SANITARY 0 DISPOSAL SYSTEM. OF TI Ar,�' iTARY DISPOSAL SYSTEM 15. NO PORTION S*HALL BE. WITHIN OF ANY CONSTRUCTED G WATER SERVICE. 0 16. THIS DESIGN 15 NG i GUARANTY OF THE SYSTEMS W PERFORMANCE . THS, ;TE->�1 SHALL BE SERVICED Z i ON AN ANNUAL U,. , INCREASE ITS OVERALL LIFE EXPECTANCY. r � - 5 2� " t `, ..NEVV C7�tt�DRtCAL SEE.PI�G� P�'T 0 i i J o 1 ! f \` t / / + , � \;.. 'TANS( , � t � 1 ' � �� 1 � SC 7- , / • ?'.' �} lr ! /, ✓ i. I \ t `+: ) 1 �� dam- / ♦ ' i ! / i / t / ♦ Z,i . t \ / Lc)741 (2!` l / � � ` \ \ � � ` / - ✓.ice ♦ . \ of ,�' z so / Mofj / •Ilii .01 lbZe- C)_`z to\ZCY < L /A-r R oA!Q OD o- Z zct SO-00 `� PRppeRT� LINE " O .....I LU ....... S +�^- �►-*6--7^��.< /� //�f $_�e — D N 1 os NA p d m -0 m C7'b'p�1 ti c ' 1 p / 0914 VIAN y ow r I r♦ /r - X21 � �� \ \� �� t 4o--/DIE \ .00 Z ,, Qf �� X21•- +' - - ... � \ � I ( + ' 1 / . r• �� .�� r fr r t t € t 1 / mo • � � / \. � � I , r ;••- �� IVB N' .. I ' , � r r r ' � / _L I m zi � 1 !\ / `/ 1 , , ►'' \ D it �� 1 t 1 \ ift j ��.Ld�S��' \\ l + R rr'r t t r rt ► 2 I � t � i ► 1 �~ r 1 1 � i Ni-Ll M ,;2 11d 3�J�dd'33S `ib�1�iQN��lp M3N_ t0 f k09-4 � o ► ► 1 � r ` — c t ♦ r \ , 9` a. ... 1 • 2l-3 1�d W ` r ' .3 HIS M 3 ~. WELL DATABASE ADDRESS: AGE OF WELL: WELL DRILLER.- WELL RILLER:WELL PERMIT.—r: WELL LOCATION: .--WELL PER vJIT DATE: DEPTH OF WE "TYPE OF WELL: a.. DRILLED b. DUG U-NK�iOWN TYPE OF WATER BEARING ROCK: WATER ANALYSIS DATE. HIGH MANGANESE: Y N HIGH IRON: Y N OL/ONNTANENANLTS: Y N WELL DATABASE ADDRESS: '/' ,C' "i-°c"/�`_ AGE OF WELL: WELL D LER: ? WELL PERMIT : WELL LOC TION: k N� WELL: PERMIT DATE: ' DL -5 DEP OF WELL.`-3 TYPE OFWALL: D—RIL D� b. DUG `c. UNKI OWN TYPE OF WATER BEARING ROCK: / WATER ANALYSIS DATE: D HIGH MANGANESE: Y ON HIGH IRON: Y � OTHH`Lt CONTAMINANTS: �' N Commonwealth of Massachusetts City/Town of NORTH ANDOVER, MASSACHUSETTS System Pumping Record Form 4 DE RE gEIVED P has provided this form for use b local Boards of Health. Th Sys tum to Recor must P Y Y p 9 be submitted to the local Board of Health or other approving auth rity. JUN - 8 2006 A. Facility Information TOWN OF NORTH ANDOVER Important: HEALTH DEPARTMENT When filling out 1. System Location: forms on the ' computer,use S `�y �p K-t Pam off• only the tab key Address to move your r►h�D � /� b��y� cursor-do not use the return City/Town State Zip Code key. 2. System Owner: r 6A ( L. Name e"tlf Address(if different from location) City/Town State Zip Code Telephone Number B. Pumping Record o 1. Date of Pumping Date2. Quantity Pumped: �� Gallons 3. Type of system: ❑ Cesspool(s) Q/Septic Tank ❑ Tight Tank ❑ Other(describe): 4. Effluent Tee Filter present? ❑ Yes No If yes, was it cleaned? ❑ Yes ❑ No I 5. Condition of System: //^^ V� 6. System PV<ped By- f Name_ Vehicle License Number Company 7. Location where contents were disposed: V VA44. Signature o uler Date http://www.mass.gov/dep/water/approvals/t5forms.htm#inspect t5form4.doc•06/03 System Pumping Record•Page 1 of 1