HomeMy WebLinkAboutMiscellaneous - 66 MEADOWOOD ROAD 4/30/2018 66 MEADOWOOD ROAD
21010250000.0
i
Town of North Andover f NoeTk
Office of the Building Department
Community Development and Services Division a� ;
27 Charles Street '� °-•- 'r'
A P
North Andover,Massachusetts 01845 ,SSACHUS
D. Robert Nicetta Telephone(978)688-9545
Building Commissioner Fax(978)688-9542
August 25,2003
Mr.Konstantinos`Dino"Balos
66 Meadowood Road
North Andover,MA 01845
RE: Zoning Complaint
Materials Installations,Inc.
11 Bayfield Drive
Dear Mr.Balos:
I am of the following opinion after investigating your complaint against the above referenced business:
• The Planning Board Special Permit of August 31, 1987didnot place a definite time of
operation for Materials Installations,Inc. in the Conditional Approval of the Site Plan
Review.
In 1987 and presently the North Andover Zoning By-law does not address hours of operation.
• The Planning Board Decision of 1987 does not place any restriction on the type of business
Materials Installations,Inc. conducts at the Industrial-1 site.In fact the August 31-1 decision
gave the business permission"to expand the assembly and live storage areas in an existing
building by 18,200 square feet".
In 1987 and presently the North Andover Zoning By-law does not address"noise levels"in
any zoning district
• On site investigation reveals that the"row of planted arborvitae to the rear of the building and
the six(6)foot closed stockade fence erected along the property line"are in place as required
in Paragraph 5 of the Conditional Approval.
The Building Commissioner/Zoning Enforcement Officer is of the opinion that Materials Installations,
Inc. is in compliance with the approved Planning Board Special Permit of August 31, 1987,time stamped
by the North Andover Town Clerk on September 03, 1987.
Pursuant to Section 10.4 of the North Andover Zoning By-law this decision maybe grieved within thirty
(30)days before the North Andover Zoning Board of Appeals.
Yours truly,
D.Robert Nicetta
Building Commissioner/Zoning Enforcement Officer
CC: Heidi Griffin,Director CD&S
Mark R Rees,Town Manager
Raymond I Santilli,Assistant Town Manager
Thomas J Urbelis,Town Counsel
illiam Sullivan,Chairman ZBA
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
TOWN OF NORTH ANDOVER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
f NORT►i q
Raymond T Santilli iop TEL (978) 688-9516
Assistant Town Manager �o ..�. 41 FAX (978) 688-9556
q .«:iii:
&Human Resources Director p�q,, <5
pSSACHU`-+�j
July 17, 2003
Mr. Konstantinos Balos
a 66 Meadowood Road ?
North Andover, MA 01845
Dear Mr. Balos:
Your recent letter to Town Manager Mark Rees regarding Material Installations, Inc. was
forwarded to me for follow-up and response.
Over the past weeks, I have met with Building Commissioner Robert Nicetta several times to
review your issues. Mr. Nicetta has had multiple discussions and meetings with representatives of
Material Installations regarding your concerns. The company claims that their daily activities begin
at 7:00 a.m. as required. This includes all truck operations. This obviously differs significantly from
the activity log you provided for a 4%2 month period.
Regarding the noise and truck issues, I have notified the Police Department to dispatch a
patrol unit several times during the night hours to the location fl 1 Bayfield Drive)to ensure that
there is no truck activity(either idling or fueling). I have also asked that these nightly dispatches
occur at random times.
Regarding the zoning by-law issues you raise, I have forwarded your letter to Mr. William
Sullivan, Chairman of1he Zoning Board of Appeals. If you wish to address the matter before the
ZBA, you can file the appropriate paperwork at the ZBA office located at 27 Charles Street as part of
the Community Development& Services Division.
Sincerely,
/ J 7
Raymond T. Santilli
Assistant Town Manager
&Human Resources Director
cc., Mark Rees,Town Manager
Robert Nicetta, Building Commissioner
_W iam Sullivan, Chairman,ZBA
s
JUL 2 2 2003 �;
WARD OF APPEALS
i r
June 12, 2003
66 Meadowood Road
North Andover, MA 01845-5927,
Town of North Andover
Mark Rees, Town Manager r=
3 t
120 Main Street �
J 's r
North Andover, MA 01845
Subject: Citizen Complaint for Investigation }
Re: Materials Installations, Inc., 11 Bayfield Drive, North Andover, MA.
Dear Mr. Rees:
This letter serves as a formal complaint against Material Installations, Inc., regarding an
ongoing nuisance due to shipping-related noise.
Details
My family and I use 66 Meadowood Road as our primary residence. This consists of my wife
and two (2) children, ages 1 and 3 years old.
The Town of North Andover classifies my property as 'Residential-6.' 11 Bayfield Drive
d/b/a Material Installations, Inc is classified as Industrial-1.'Material Installations, Inc
borders the backside of my house.
The noise caused by Material Installations is a nuisance and unreasonably interferes with
the comfort of my family and myself. This has made the backside of my house unsuitable
for quiet enjoyment. The source of the nuisance is the shipping area activity to include:
a) Shipping dock operations beginning at or before 6:00 a.m. Monday through Friday
including Saturdays;
b) Mechanical operation of trucks and related machinery (i.e. waste disposal);
c) Extensive 1,%rel— over 5 1"ira
' tes) idling of trucks (overnight as well as during shipping
dock operations);
d) Nighttime activities (e.g., truck operations - truck fueling, truck idling, etc.); and
e) Loud voices of workers.
The noise is so common, that my family and I have routinely had our sleep interrupted
during the night as well as during the morning hours. The truck noise includes the engine,
the drivetrain, exhaust, tire/road contact, and braking. The trucks also cause vibration and
infrasound (low frequency noise). Typically, the noise has a rapid start rate. This is caused
by the abruptness of an approaching truck, the starting of the engine as well as truck
movement and stopping (which cause increased accelerations).
The shipping dock activity includes the routine use of trucks parked near the property line.
For the most part, these trucks are unnecessarily left idling for extended periods.
A typical example was last night and this morning. On Wednesday, June 11, 2003, at
approximately 10:45 in the evening, a truck was idling in the shipping area while it was
fueling the other trucks. At approximately 6 o'clock the following morning, two trucks were
Ut
;i��ng, One of the trucks idled in itsarked o ' 'p p sihon untilalmost 7rth 7insty family and I had our sleep interrupted.
o'clock.
p
JUL 2 2 2003
BOARD OF APPEALS
Based on the different times of operation, it feels as if Material Installations operates on a
24-hour basis. Furthermore, the noise and vibration is so great that my family and I are
alerted to incoming traffic before the truck has even entered the shipping area.
As stated earlier, 11 Bayfield Drive d/b/a Material Installations, Inc is classified by the
town as Industrial-1.'Regarding the type of business, article 2, paragraph 1 of the Articles
of Organization for Material Installations states "to store, pod deliver
warehouse, trans rt an
all types and kinds of office furniture or related systems." Likewise, the Merrimack Valley
Planning Commission (MVPC) indicates that the primary business of Material Installations
is "Office Furniture and Equipment Installation (Whol)."
Zoning by-laws, paragraph 13 of section 4.132 (Industrial 1 District) states that
"warehousing and wholesaling shall be permitted only as a sec_on� use." In addition,
paragraph 15 states "parking, indoor storage and other accessory uses customarily
associated with the above uses, provided that such accessory use shall not be iniz�rious
noxious or offensive to the neighborhood."
Note: The text of the North Andover zoning by-laws referenced in this letter is
identical to the 1987 version.
Paragraph 11 also of section 4.132 states: "Light manufacturing, including manufacturing,
fabrication, processing, finishing, assembly,.packing, or treatment of articles or
merchandise provided such uses are conducted solely within a building and further
provided such are not offensive, noxious, detrimental, or dangerous to sun'oundin areas or
the town b reas - a
y ono dust smoke,-fumes, odor, noise, vibration light or other adverse
environmental effect."
Note: Chapter 40A, Section 7 of the General Laws of Massachusetts states
that "the inspector of buildings, building commissioner or local inspector . . .
shall be charged with the enforcement of the zoning ordinance or by-law."
In the Commonwealth, noise is treated as an emission of sound, and is regulated as a__
source of air poll tion-. Section. 7:11 of the Code of Massachusetts Regulations (CMR) states
the following with regard to motor vehicles: "(b) No person shall cause, suffer, allow, or
permit the unnecessary operation of the engine of a motor vehicle while said vehicle is
stopped for a foreseeable period of time in excess of five minutes."
Note: Massachusetts Department of Environmental Protection (DEP)
representative Ed Pawlowski (978-661-7630) informed me that DEP
regulations are enforceable by the town under 310 CMR 7.52.
As you are aware, the town of North Andover has earned a label of distinction. This is
directly attributed to the effectiveness and responsible-nature of the town government. This
includes our town's representative to the MVPC. The MVPC indicates that its primary
mission is "to support the orderly growth of the region as a desirable place to live and
work." I submit that.this mission has not been accomplished with regard to Material
Installations and the community.
I am a firm believer in first attempting to resolve disputes on a personal basis. On February
3, 2003, I met with T.J. Doherty, Operations Manager for Material Installations. Mr.
Doherty informed me that he is aware of the truck noise and that truck drivers are notified
in advance not to idle next to the bordering residential homes. Regarding hours of
r y
operation, Mr. Doherty stated that Material Installations received Board of Selectmen
approval to begin at 6 in the morning.
On March 3, 2003, I met with Mr. Doherty in hope of reaching a mutually beneficial
solution to the noise nuisance. Mr. Doherty stated that he communicated my concerns from
our February 3rd meeting to Michael Farrow, Treasurer of Material Installations. Mr.
Doherty stated that it is the position of Material Installations to maintain a good
relationship with its neighbors. As a solution, I suggested the installation of noise
abatement windows on the area of my home affected by the noise. Mr. Doherty stated that
he would arrange a meeting between Mr. Farrow,and myself to discuss this issue.
On March 19, 2003, having not heard from Material Installations,.1 sent a letter via certified
mail to Material Installations detailing the noise problem. As a mutually beneficial solution,
I proposed that Material Installations share the costs related to the installation of noise
abatement windows on the backside of my house.
Note: The Acoustical Insulating Window System referenced in my letter is specifically
designed to reduce unwanted noise affecting residential dential communities i.e.
aircraft, trains and automobiles). (
On March 26, 2003, I requested the assistance of Selectman Stewart in mediating the
dispute. On April 7, 2003, Mr. Stewart informed me that he discussed the matter with Mr.
Doherty. Mr. Stewart told me that Mr. Doherty said that Material Installations would not
pay for the windows due to concerns that other neighbors would want a similar settlement.
Note: There are approximately 3 other homes that border the shipping area of
Material Installations.
As you are aware, on April 10, 2003, 1 submitted a public records request for all documents
related to Material Installations. On May 14, 2003, I received a packet containing records
from the town. This included:
a) North Andover Police records detailing noise complaints about Material Installations
from at least early 1998.
b) No records indicating that Material Installations received Board of Selectmen
approval to operate at 6 in the morning.
c) A Site Plan Review (August 3., 1987) recognizing concerns with regard to trucks, noise
and activity at night. The plan indicates the use of"evergreens er eens and
�' fen
looked into f fencing to be
or
possible ble noise barriers.
d) Conditional approval of the Special Permit by the Planning Board (August 31, 1987).
Regarding noise concerns, proponents "admit that into the winter months a lack of
foliage in the intervening woods may be cause for concern."
e) Paragraph 5 of the conditional approval (September 2, 1987) indicates a landscape
planthat includes a "row of planted arborvitae to the rear of the building." The plan
also includes"a six (6) foot closed stockade fence be erected along the property line."
The landscape along the property line consists of one (1) row of trees. Preliminary
consultations with noise experts indicate that this landscape along with the fence is an
unacceptable noise barrier.
Research from the Washington State Department of Transportation (WSDOT),
Environmental and Special Services Section, indicates that it would take at least 100 feet o1
dense vegetation to provide the same acoustical benefit as a noise wall.
Furthermore, the Federal Highway Administration (FHWA), Office of Environment and
Planning Noise and Air Quality Branch does not consider the planting of vegetation to be a
noise abatement measure. The planting of trees and shrubs provides only psychological
benefits and may be provided for visualPrivacy, or aesthetic treatment not noise
abatement.
On May 23, 2003, Building Commissioner Robert Nicetta contacted me. Mr. Nicetta stated
that he was notified of my concerns and that I should file a formal complaint with the town.
On May 30, 2003, a letter was sent from Attorney Matthew Donahue to Material
Installations via certified mail. The letter informed Material Installations that Mr. Donahue
was representing me on this matter and restated the proposal originally made on March 19,
2003. To date, Material Installations had not responded to either correspondence.
On June 10, 2002, Mr. Nicetta informed me that he visited Material Installations. Mr.
Nicetta stated that Mr. Farrow informed him that truck activity starts at 7 in the morning
and that truck operators are informed not to park in the rear. Mr. Nicetta also stated that
Mr. Farrow told him that damaged evergreens would be replaced along the property line. As
referenced in this letter, the trees provide no barrier to noise.
The claims by Material Installations regarding its operations are not supported for reasons
as outlined in this letter. Specifically, that a) Board of Selectmen approval was given to
operate at 6 in the morning; b) that trucking activity starts at 7 in the morning and c) that
trucks do not park in the rear of the building (adjacent to the residential property line).
I have attached a spreadsheet indicating an extensive amount of nighttime and early
morning activity associated with Material Installations
It is not unreasonable to expect absolute quiet in a residential community during commonly
accepted qunef h ni i 0 1.._ _-
" Y`^-"` >�`» �. 1>s a L•ol=leownel, 1 am entitled rights to enjoy the lull use of my
property without unreasonable interference.
I have been very patient in trying to resolve this matter. My attempts thus far have not been
successful. I am respectfully requesting the assistance of the town. I am available to attend
any meetings and/or provide further information.
Should you require additional information, please contact me at the above address or via
telephone at 978-6$3-3414 (home) or 617-557-1235 (work).
Thank-you for your time and assistance with this important matter.
Sincerely _ �n�
Konstantinos "Dino" Balos
Attachments
cc: North Andover Meadowood Road.Residents
Attorney Matthew C. Donahue