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Miscellaneous - 72 Elm Street (2)
2 up BUILDING DEPARTMENT, Community Development Division Planning Board Town of North Andover 1600 Osgood Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 July 20, 2009 RE: Proposed Wireless Service Facility of Metro PCS Massachusetts, LLC Trinitarian Congregational Church of North Andover 5 Boston Hill (Map 107.C; Parcel 11 North Andover, MA Dear Members of the Planning Board: I have reviewed the Wireless Service Facilities Section 8,9.3(c)(v)(l) of the Zoning Bylaw of the Town of North Andover, which reads in part:..." A minimum setback of 600 feet shall be required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types." The aforementioned Section does not apply to the proposed installation at 5 Boston Hill, as the proposed antennas will be installed on an exiting wireless telecommunication tower. Furthermore, Section 8.9.3(c)(v)(2) reads in part:... "In the event that a preexistent structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexistent non -conforming structures, wireless service facilities and their equipment shelters shall not increase any non -conformity," Therefore, I am of the opinion that the Applicant does not need to petition the North Andover Zoning. Board of Appeals. Sincereell , Gerald A. Bro , Inspector of Buildings/Zoning Enforcement Officer cc: Curt Bellevance, Community Development Director Judith M. Tymon, Town Planner G' 1600 Osgood Street, Suite 2-36 North Andover, Massachusetts 01845 Phone 978.6889545 Fax 978,688.9542 Web www.townofnorthandover.com 0 ADVANCED A A ENGINEERING GROUP P.C. April 21, 2016 Gerald Brown, Inspector of Buildings Town of North Andover, Building Department 1600 Osgood Street North Andover, MA 01845 RE Engineer's Final Affidavit 72 Elm Street North Andover, MA 01845 T -Mobile Site #: 4BZ0023A Dear Mr. Brown: 500 North Broadway East Providence, RI 02914 Phone: 401-354-2403 Fax: 401-633-6354 In accordance with Section 107 of the Massachusetts State Building Code, this office has reviewed the completed T -Mobile equipment installation at the above -referenced location. The purpose of the review was to establish compliance of the completed project with the approved design plans entitled "TRINITARIAN CHURCH", Site No: "4BZ0023A", Rev.2: Dated 02/12/16, by Advanced Engineering Group, PC, and applicable provisions of the Massachusetts State Building Code/International Building Code. With respect to T -Mobile's equipment installation, it is my opinion that any minor deviations from the design plans do not endanger the intended function of the facility or the safety of the public. This letter is not intended to relieve any party responsible for construction from meeting the requirements imposed by contract or other means, including commonly accepted industry practices. Based on our review, I, Marc Chretien, licensed professional engineer number 40313, hereby certify that to the best of my knowledge, information and belief that, except for the deviations listed above, the work has been done in accordance with the approved plans and the provisions of the Massachusetts State Building Code/International Building Code. Very truly yours K OF v#�� 0 oa MARC R. CHREMN Marc R. Chretien, P.E. CIVIL Advanced Engineering Group, P.C. No. 40313 48Z0023A- CCA I--, Date ..4 ................ 0\ TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that ..L-' '-'A5 6� ...... .... ............................................... .............. ......................... . ...... has permission to perform A A -r-4 .... 4 e,� U4 . ........... ... .............. wiring in the building of ................................................................. . at ...... -TZ North Andover, ass. .............................................................. Fee ... ...... Lic. N0?11 I ':� . ..... ...... ................. ............. 24A1.i;7 ELECTRICAL WS-�� TO ................ Check if 13257 eom onwea& o/ I"/'%amac4w,lb Official Use Only Permit No. cc�� 2epadmed of jh-e Servicee BOARD OF FIRE PREVENTION REGULATIONS Occupancy and Fee Checked V. [R �IP.AVP. h�anirl APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code (MEVt 527 CMR 12.00 (PLEASE P=,UV INK OR TYPE ALL� RMAT10119 Date: ! �c--- City or Town of. Alam 444 o Vel To the InspeWires: f By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location (Street & Number)_ 7a 0,,, ' Owner or Tenant Owner's Address Telephone No. Is this permit in conjunction with a building permit? Yes ❑ No (Check Appropriate Bog) Purpose of Building Ck ,- C Utility Authorization No. Existing Service Amps / Volts Overhead ❑ Undgrd ❑ No. of Meters New Service Amps / Volts Overhead ❑ Undgrd ❑ No. of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Completion o fthe fn11nwina mhlo ---, l,o No. of Recessed Luminaires No. of CeiL,Susp. (Paddle) Fans — �� •• +..� . y„a Argatiewur u YYires. o. of Total Transformers KVA No. of Luminaire Outlets No. of Hot Tubs Generators KVA o. o mergency 1 g No. of Luminaires Swimming Pool Above ❑ - ❑ grnd. d. Batte Units No. of Receptacle Outlets No, of OR Burners FIRE ALARMS No. of Zones o. of etection andg No. of Switches No. of Gas Burners Initiating Devices Z� No. of Ranges No. of Air Cond. Tonsl No. of Alerting Devices o. of Self- ontained No. of Waste Disposers eat Pump umber Tons ...... Totals: _ Detection/Alerting Devices Local unicipal 0 Connection Other No. of Dishwashers Space/Area Heating KW No. of Dryers Heating Appliances KW Security Systems: o. of ater Heaters KW o. No. of No. of Devices or Equivalent Data Wiring: Siens Ballasts No. of Devices or E uivalent No. Hydromassage Bathtubs No. of Motors Total HP Telecommunications Wiring. No. of Devices or E uivalent OTHER: 000 Attach additional detail if desired, or as required by the Inspector of Wires. Estimated Value ofl Work: l (When required by municipal policy.) Work to Start:s Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCEAUIF1 : Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such covepge is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCEBOND ❑ OTHER ❑ (Specify:) I certify, under theTains and penaltes ofpei jury, that the information on this application is true and complete. FIRM NAME: LIC. NOV Licensee: �; e\ (If applicable, ente exempt lieense�omberl� .)O�4 01 Bus, Tel. No.: f Address: 7'� far `�'' '3 Alt. Tel. No.:So�p—�33-072/ *Per M.G.L. c. 147, s. 57-61, security work r quires Department of Public Safety "S" License: Lic. No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent Owner/Agent Signature Telephone No. PERMIT FEE. $ r e 0 www mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): Address: Are you an employer? Check t1e appy 1. I am a employer with employees (full and/or part-time).* 2. ❑ I am a sole proprietor or partner- ship and have no employees working for me in any capacity. [No workers' comp. insurance required.] 3. ❑ I am a homeowner doing all work myself [No workers' comp. insurance required.] t S�- MA Of OPhone -fate box: 4. ❑ I am a general contractor and I have hired the sub -contractors listed on the attached sheet. These sub -contractors have employees and have workers' comp. insurance.# 5. ❑ We are a corporation and its officers have exercised their right of exemption per MGL c. 152, § 1(4), and we have no employees. [No workers' comp. insurance required.] '3�� 196 6 Type of project (required): 6. ❑ New construction 7. ❑ Remodeling 8. ❑ Demolition 9. ❑ Building addition 1 ectrical repairs or additions 11.❑ Plumbing repairs or additions 12.❑ Roof repairs 13. ❑ Other *Any applicant that checks box #1 must also fill out the section below showing their workers' compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub -contractors and state whether or not those entities have employees. If the sub -contractors have employees, they must provide their workers' comp. policy number. I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: IfI S(Cy tnf rCpap _ Policy # or Self-ins. °Liic. #:�� ®® � Dw Expiration Date: Job Site Address: /a)—T47Ma City/State/Zip: &A4_Ve? /►iJj1�- ��� Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penaltyes,,of perjury that t „�rmation provided above iktrue ghd correct. 1-116 � 2 V/ f Phone #: Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone #: The Commonwealth of Massachusetts - G Department of Industrial Accidents Office of Investigations d 1 Congress Street, Suite 100 Boston, MA 02114-2017 www mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): Address: Are you an employer? Check t1e appy 1. I am a employer with employees (full and/or part-time).* 2. ❑ I am a sole proprietor or partner- ship and have no employees working for me in any capacity. [No workers' comp. insurance required.] 3. ❑ I am a homeowner doing all work myself [No workers' comp. insurance required.] t S�- MA Of OPhone -fate box: 4. ❑ I am a general contractor and I have hired the sub -contractors listed on the attached sheet. These sub -contractors have employees and have workers' comp. insurance.# 5. ❑ We are a corporation and its officers have exercised their right of exemption per MGL c. 152, § 1(4), and we have no employees. [No workers' comp. insurance required.] '3�� 196 6 Type of project (required): 6. ❑ New construction 7. ❑ Remodeling 8. ❑ Demolition 9. ❑ Building addition 1 ectrical repairs or additions 11.❑ Plumbing repairs or additions 12.❑ Roof repairs 13. ❑ Other *Any applicant that checks box #1 must also fill out the section below showing their workers' compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub -contractors and state whether or not those entities have employees. If the sub -contractors have employees, they must provide their workers' comp. policy number. I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: IfI S(Cy tnf rCpap _ Policy # or Self-ins. °Liic. #:�� ®® � Dw Expiration Date: Job Site Address: /a)—T47Ma City/State/Zip: &A4_Ve? /►iJj1�- ��� Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penaltyes,,of perjury that t „�rmation provided above iktrue ghd correct. 1-116 � 2 V/ f Phone #: Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone #: :>RD' CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DOmYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 12/1 /2014 12/11/2014 HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in Lieu of such endorsementfsl_ PRODUCER Phone: (978) 475.0400 Fax: (978) 475-2171 CONTACT THE HOWE INSURANCE AGENCY NAME: Tina Grange 4 PUNCHARD AVE M Ext . 978 475-0400 F"X (978) 475-2171 ANDOVER MA 01810 ADDRESS: Ess: tgrange@howeins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA :Scottsdale Insurance Company/ L W BILLS CO DIV OF B&B ENGINEERING CORP INSURER B : Safety Indemnity Ins Co 7-9 PARK STREET PO BOX 7 33618 GEORGETOWN MA 01833-0007 INSURER :First Financial Ins Co INSURFRD: MA Trade Self -Insurance Group, Inc ' INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 22367 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED INSR TYPE OF INSURANCE ADDt suBR INSR VJVD POLICY NUMBER BY PAID CLAIMS. CY IeXP EFF PODNYM UN C GENERAL `� 807BW29170 MPbOLILICY (mU LIMITS 09/10/14 09/10/15 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY 16AMAGE To RENiE9^ CLAIMS MADE a OCCUR PREMISES (Ea occurence) $ 100,000 MED. EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE OMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO LOC POLICY PRODUCTS -COMPIOPAGG $ 2,000,000 AUTOMOBILE LIABILITY B 1608994 $ COMBINED SINGLELIM 01/01/15 01/01/16 Ir ANY AUTO (Eaacdderd) $ 1,000,000 DULED ALL OWNEDTOTOS BODILY INJURY (Per person) $ H RED AUTOSOWNED BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (per acddent) A UMBRELLA t1A6 X OCCUR XLS0094444 $ 09/10/14 09/10/15 EACH OCCURRENCE 8 1,000,000 EXCESS LIAR CLAIMS -MADE DED RETENTION $ AGGREGATE $ 1,000,000 D WORKERS COMPENSATION 021004100096115 AND EMPLOYERS' LIABILITY $ 01/01/15 01/01/16 RS ER ANY PROPRIETOR/PARTNER/EXECUTNE YIN OFFICERIMEMBER TORLIMA $ EXCLUDED? N / A E.L. EACH ACCIDENT $ . 1,000,000 (Mandatory In NH) Mye%deserlbeunder E.L. DISEASE -EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) CERTIFICATE HOLDER CANCELLATION FOR PROPOSAL PURPOSES ONLY SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attention: AUTHORIZED REPRESENTATNE ACORD 25 (20.10/05) Christine J. Grange ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD N Date .... �h. t) ........ TOWN OF NORTH ANDOVER PERMIT FOR GAS INSTALLATION Thisjertifies that ................................................. ............ 6t ................. has p installation .... .... . ........... ,�rmission for ga 1;?M�I � t in the -buildings of .......1.............. ...... 7 I'll -51�� at ...................... 6 ............ L.7. ............................................................... . North Andover, Mass. Fee..J�'O . . ....... Lic. No. .953 ........ ..................................................................... GASINSPECTOR Check ,Q,675' 09�90 MASSACHUSETTS UNIFORM APPLICATION FOR A PERMIT TO PERFORM GAS FITTING WORK CITY: NORTH ANDOVER MA. DATE: 5/29/2015 PERMIT # t `1q V &- 10111TE ADDRESS: 70 ELM ST OWNER'S NAME: W.S.KENNEY CO. INC GOWNER TEL: 508-659-9654 FAX: ADDRESS: TYPE OR OCCUPANCY TYPE: COMMERCIAL ❑ EDUCATIONAL ❑ RESIDENTIAL CY PRINT CLEARLY NEW: RENOVATION: ❑ REPLACEMENT: ❑ PLANS SUBMITTED: YES ❑ NO APPLIANCES FLOOR Bsmt 1 2 3 4 5 6 7 8 9 10 11 12 13 14 BOILER BOOSTER CONVERSION BURNER COOK STOVE DIRECT VENT HEATER DRYER FIREPLACE FRYOLATOR FURNACE GENERATOR GRILLE INFRARED HEATER LABORATORY COCK MAKEUP AIR UNIT OVEN POOL HEATER ROOM/SPACE HEATER ROOF TOP UNIT TEST pG UNIT HEATER UNVENTED ROOM HEATER WATER HEATER INSURANCE COVERAGE I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL. Ch. 142 YES 0 NO ❑ If you hav6 checked YES, please indicate the type of coverage by checking the appropriate box below. LIABILITY INSURANCE POLICY F/I OTHER TYPE INDEMNITY ❑ BOND ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Massachusetts General Laws, and that my signature on this permit application waives this requirement. CHECK ONE ONLY: OWNER ❑ AGENT ❑ SIGNATURE OF OWNER OR AGENT I hereby certify that all of the details and information I have submitted (or entered) regarding this permit application is true and accurate to the best of my Knowledge. I certify that all plumbing work and installations performed under the permit issued, will be in compliance with all Pertinent provisions of the Massachusetts Uniform State Plumbing Code, and Chapter 142 of the General Laws. i� �_... PLUMBER/GASFITTER NAME 17� � .S��CJ LICENSE # .� SIGNATURE COMPANY NAME: OSTERMAN PROPANE LLC ADDRESS: 321A Merrimack St CITY: Methuen STATE: MA ZIP: 01844 FAX: 978-738-0118 TEL: 800-368-9956 CELL: EMAIL: INFO@OSTERMANGAS.COM MASTER ❑ JOURNEYMAN ❑ LP INSTALLER ORPORATION ❑# PARTNERSHIP [:]# LLC D#45-326-3311 0 • The Commonwealth of Massachusetts Department oflndustrialAccidents M � Office of Investigations d 1 Congress Street, Suite 100 h Boston, MA 02114-2017 5' www mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): Osterman Propane, LLC Address: One Memorial Square Whitinsville, MA 01588 Phone #: 508-234-1573 Are you an employer? Check the appropriate box: 1.9 I am a employer with 275 4. EJ I am a general contractor and I employees (full and/or part-time).* have hired the sub -contractors 2. ❑ I am a sole proprietor or partner- listed on the attached sheet. ship and have no employees These sub -contractors have working for me in any capacity. employees and have workers' [No workers' comp. insurance comp. insurance.$ required.] 5. ❑ We are a corporation and its 3. ❑ 1 am a homeowner doing all work officers have exercised their myself. [No workers' comp. right of exemption per MGL insurance required.] t c. 152, § 1(4), and we have no employees. [No workers' comp. insurance required.] Type of project (required): 6. El New construction 7. ❑ Remodeling 8. [] Demolition 9. E] Building addition 10.0 Electrical repairs or additions I LEI Plumbing repairs or additions 12. ❑ Roof repairs 13.0 Other LP Gas Install and Repairs *Any applicant that checks box #1 must also fill out the section below showing their workers' compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. #Contractors that check this box must attached an additional sheet showing the name of the sub -contractors and state whether or not those entities have employees. If the sub -contractors have employees, they must provide their workers' comp, policy number. I am an employer that isproviding workers' compensation insurance for my employees. Below is thepolicy and job site information. Insurance Company Name: Insurance Company of the State of PA Policy # or Self -ins. Lic. #: WC015883775 Job Site Address: All Locations In: North Andover, MA Expiration Date: 06/30/2015 City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains a` dpenalties ofperjury that the informationprovided above is true and correct June 27, 2014 Phone #: 508 2341573 Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone A D® CERTIFICATE OF LIABILITY INSURANCE page 1 of 1 DATE 06/26/2 4' THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis of Texas, Inc. c/o 26 Century Blvd. P.O. Box 305191 PHONE FAX • 877-945-7378 888-467-2378 E-MAIL certificates@willis.com TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC # INSURERA:Lexington Insurance Company 19437-000 PREMISES RENTED 100,000 $ 100 000 INSURED NGL Energy Partners, LP INSURER B: The Insurance Company of the State of Pen 19429-100 INSURERC: 6120 S. Yale Avenue Suite 805 Tulsa, OK 74136 INSURER D: INSURER E: B B INSURER F: Cf1VFRAGFS CERTIFICATE NUMBER: 2175221711 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TRTYPEOFINSURANCE DD' SUB vignPOLICY NUMBER POLICY EFF POLICY EXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS-MADEF_x1OCCUR N. Andover, MA 1845 034205248 6/30/2014 6/30/2015 EACH OCCURRENCE $ 2,000,000 PREMISES RENTED 100,000 $ 100 000 MED EXP (Any one person) $ PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC PRODUCTS -COMP/OPAGG $ 4,000,000 B B AUTOMOBILE LIABILITY X ANYAUTO ALLOWNED SCHEDULEDAUTOS HIRED AUTOSHNON,OWNEDAUTN AUTOS CA4584397 AOS CA4584396 MA 6/30/2014 6/30/2014 6/30/2015 6/30/2015 COMBINED SINGLE LIMIT 5 000,000 (Ea accident) $ BODILY INJURY(Per person) $ BODILY INJURY(Per accident) $ PROPERTYDAMAGE (Paraccident) $ $ A X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE 015881338 6/30/2014 6/30/2015 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I X RETENTION$ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEY OFFICER/MEMBER EXCLUDED? /Mandatory.inNH) if yes, descnbe under DESCRIPTIONOFOPERATIONSbelow NIA WC015883775&079331530 6/30/2014 6/30/2015 TATU- X WCSHMIT. OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT Is 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach Acord 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION Co11:4451094 Tp1:1829649 Cert:21752Z01 ©1988-2010ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Town of North Andover 120 Main Street N. Andover, MA 1845 Co11:4451094 Tp1:1829649 Cert:21752Z01 ©1988-2010ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD NGL Energy Partners LP Named Insured Schedule NGL Energy Partners, LP Osterman -Brunswick NGL Energy Operating, LLC Osterman -Hallowell NGL Propane, LLC Osterman -Waterville NGL Retail Supply, LLC Osterman -Mt. Vernon Osterman Propane, LLC Osterman -Windham Downeast Energy Osterman -S. Portland Thompson Oil Osterman -Springvale NGL -MA Osterman-Kennebunk NGL -NE Osterman -Dover NGL Retail Supply Osterman -Brunswick Lessig Oil & Propane Osterman -Waldo Whiting Oil Downeast- Denmark Proflame Downeast- Brunswick Brantley Gas Downeast- Hallowell Allied Energy Downeast- Waterville Bernville Quality Fuels Downeast- Mt. Vernon Judd & Simms Downeast- Windham Propane Energies Group Downeast- S. Portland North Georgia Propane Downeast- Springvale North American Propane Downeast- Kennebunk RB Gas Downeast- Dover Osterman -Palmer Downeast- Brunswick Osterman-Whitinsvi Ile Downeast- Waldo Osterman -Sunderland Osterman -Blackshear Osterman -Southbridge Osterman -Douglas Osterman -Bridgewater Osterman -Jesup Osterman -Sterling Osterman-Nahunta Osterman -Northbridge Osterman -Waycross Osterman -Montville Osterman-Dahlonega Osterman -Plainfield Osterman -Gainesville Osterman -Adams Osterman -Blairsville Osterman -Lee Osterman-Hayesville Osterman -Methuen Osterman -Asheville Osterman -Pen Argyl Osterman -Dalton Osterman-Slatington Osterman -Calhoun Osterman -Wind Gap Osterman -Cartersville Osterman-Ashburnham Hicksgas, LLC Osterman -Hope Valley Propane Central Osterman -North Haven Rocket Supply Osterman -Chester Rocket Propane Osterman -Reading Pittman Propane Osterman -Elkton Global Propane Osterman -Denmark Liberty Propane ��'COMMONWEALT,H�,OF MASSACHUSETES ;.Y: • • • •.,NIAM { PLUMBER T'R.. I�TrTERS ( E ISSUES THE RD VQW.I NG, LICENSE AS A 1 I LICENSED; 4N""GA t' Date.AO�7.�..[4 TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies tbat.k&'-�'o , t�z' e,1 / 0,)6 a4 Aek elm Aa ................................................................................................................. has permission to perform J.... ......... ..................... r\ ....................... wiring in the building of ....... . at ........ E ... �Yy) ........ ..................... r4�orth Andover, Mass. ....... ... . ...... . ........ .................... ........ Fee ..... I.. .... Lic. No. �YA.. V..(�r ........ .. et ........................................... ..... .. . ...... ....... .......... ELECTRICAL INSPECTOR Check# (fommonwea& o/ Va�acl etfa 28raifined o,/_ ne ,Jarvices BOARD OF FIRE PREVENTION REGULATIONS APPLICATION FOR PERM All work to be performed in accordance (PLEASE PRINT IN INK OR E A City or Town of: By this application the -undersign s Location (Street & Nulltri r) Owner or Tenant' &C ,, AY . Official Use Only Permit No. 2 Occupancy and Fee Checked [Rev. 1/07] (leave blank TO PERFORM ELECTRICAL WORK the Massachusetts Flectrieal C.ode,(Mf:;C). 527 CMR 1200 7-�O�N�) Date: ( 12bQ-14 To the Inspector of Wires: r intention to perform the electrical work described below. Telephone No. �$-- (Oqt -Y2-w Owner's Address i Is this permit in conjunction wit a building( permit? ! Yes ❑ No (Check Appropriate Box) V Purpose of Building -C (GQ \ Utility Authorization No. Existing Service Amps / Volts f Overhead ❑ Undgrd ❑ No. of Meters New Service Amps / VoltsI Overhead ❑ Undgrd ❑ No. of Meters N_ Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: je w, 11 be` No. of Recessed Luminaires . ...•..... .11 ...c v..Vrv.r. •INV/G No. of Ceil: Supp. (Paddle) Fans rrlNV VL' Wulvru VV Inn InJ * ur o tyres. o. o ota Transformers KVA No. of Luminaire Outlets No. of Hot Tul`s Generators KVA No. of Luminaires Swimming Pool Above E]In- E] rnd. grnd. No. o Emergency Lighting Battery Units No. of Receptacle Outlets No. of Oil Burners FIRE ALARMSNo. of Zones No. of Switches No. of Gas Burners o. o tection an Initiating Devices No. of Ranges No. of Air Conti. Total Tons No. of Alerting Devices g No. of Waste Disposers eat Pum Totals: 6m ,er ons o. o Self --Contained Detection/Alerting Devices No. of Dishwashers Space/Area Hef ting KW Local ❑ Municipal❑ Other Connection No. of Dryers No. o Heaters KW ater Heating Appliances °' ° Signs I KW °• ° I Ballasts Security ystes: m No. of Devices or Equivalent Data Wiring: No. of Devices or uivalent No. Hydromassage Bathtubs No. of Motors f Total HP Telecommunications -rm : No. of Devices or uivalent OTHER: .411ach additional detail if desired. or as required by the Inspector offIl-e- Estimated Value f Electrical W rk: (When required by municipal policy.) Work to Start: �� In ections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCE COVERAGE: Unless waived by the own(:r, no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including 1 `completed operation" coverage or its substantial equivalent. The undersigned certifies that such coo ge is in force, and has exhibited proof of same to the permit issuing office. - -- CHECK ONE: INSURANCE [►BOND ❑ OTHER ❑ (Specify:) certify, under t pains and enalties of perjury, that th% information on this application is true and complete. FIRM NA E: iYl C C06 -6c} , n n�( AC t i LIC. NO.: - "lob Licensee: p ry h eIrk �Qr� Signature r LIC. NO.: (Ifapplicablqj. enter "A empt" in the lice num r line. Bus. Tel O.• ` 91 Address: "1 Z 1 ea CCNY) � Alt. Tel. No.: -!'K I ` YL4 L4k1 *Per M.G.L. c. 147, s. 57-61, security work requires Department of Public Safety "S" License: Lic. No. OWNER'S INSURANCE WAIVER: I am aware that the' Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. 1 am the (check one)❑ owner ❑ owner's agent. Owner/Agent cv Signature [� ^ Telephone No. PERMIT FEE: $ fie.. C.iCJ tJl'� 13 The Commonwe Department of Office of 1 Congress Boston, h www n Workers' Compensation Insurance Affida-* Name (BusinesslOrganizatio_<ndividual): Address: h of Massachusetts dustrial Accidents vestigations reet, Suite 100 02114-2017 Builders/Contractors/Electricians/Plumbers ii City/State/Zip: � �a`(Yl . A oil d}! AC&Q, CERTIFICATE OF LI "BILITY INSURANCE DATE(MM/DD/YYYY) 01/28/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPOR ANT: If the certificate holder is an ADDITIONAL INSURED, the pblicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terrrFs and conditions of the policy, certain policies may require an e6orsement. A statement on this certificate does not confer rights to the certifiCa-tfr holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: _ Duffy Insurance Agency, Inc.H N Ekt: 781.593.1200 +� FAXC No): 781. S93.7260 317 BrdNdWay ADDRESS: Wyoma Square INSURER(S) AFFORDING COVERAGE NAIC N Lynn, MIA 01904-2602INSURERA: Arbella Protection Insurance _ INSURED RAM Electrical Contracting & Consulting Corp. ,INSURER B: 42 Pleasant Street Suite C INSURER C Stoneham, MA 02180 --.-__�__-_ INSURER 0: INSURER E:— t INSURER F: COVERAGES CERTIFICATE NUMBER: 110 1 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE PEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION Or` CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 6Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, OEEN REDUCED BY PAID CLAIMS. LTRR TYPE OF INSURANCE ANSI WFDOL ----- '^ POLICY NUMBER MM/DD/YYYY11 MM/DDlVYYYR��- LIMITS GENERAL. LIABILITY 8 S00061403112/18/2013112/18/20141 EACH OCCURRENCE $ 11000,000 X 1 COMMERCIAL GENERAL LIABILITYPREMISES CLAIMS -MADE �I OCCUR j I (Ea- occurrence) $ 100,00 MED EXP (Any one person) $ S'000 A 1 i V PERSONAL & ADV INJURY $ 1,000,000 _ GENERAL AGGREGATE , $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 I X i POLICY l l JECT PRO- LOC ! $ — AUTOMOBILE LIABILITY 1020012882 01!22!2014 0112212015 LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) S ANY AUTO ( t A ALL OWNED X SCHEDULED ( AUTOS AUTOS ( BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS ! PAOPEK I Y UA17 $ Per ecodent I '$ A X I UMBRELLA LIAB �EXCESS LIAB X OCCUR I CLAIMS -MADE I 4600049S75 1 12/1812013 12/18/2014 EACH OCCURRENCE $ 11000,000 AGGREGATE $ 1,000,000 ' DED , X I RETENTION $ 10 r 00 _ 15 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE i OFFICERWEMBER EXCLUDED? N/ A I STATU TORY LIMITS ER 1 —_•__ E.L. EACH ACCIDENT Is ----- I (Mandatory in NH) i - E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE -POLICY LIMIT $ I 1 I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional RemarksSchedule, If more space is required) Electrical contractors he certificate holder is additional insured tu �(/-U�+ U -2W � AC RD C'ORPPRAI{)fDN. All �ghts reserved ACORD 25 (2010/05) The ACORD name and logo are r gistH ed marks of ACORD SHO LD ANY OF THE ABOVE DESCRIBED POLICfS BE CANCELLED BEFORE E E IRATION DATE THEREOF, NOTICE WILL/13E SLIVERED IN ACCOR ANCE WITH THE POLICY PROVISIONS 1 UTHORI -ED REPRE NTATIVE l i I r tu �(/-U�+ U -2W � AC RD C'ORPPRAI{)fDN. All �ghts reserved ACORD 25 (2010/05) The ACORD name and logo are r gistH ed marks of ACORD _r s ^" CERTIFICATE OF LIABILITY INSURANCE DAT08M4DIYYYY) 114 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFIRMATIVELY: OR NEGATIVELY AMENDI BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the!policy(ies) the terms must be endorsed. If SUBROGATION IS WAIVED, subject to and conditions of the policy, certain policies may require an the certificate holder in lieu of such endorsement(s). endorsement. A statement on this certificate does not confer rights to I PRODUCER Aon Risk Services, Inc of Florida I CONTACT NAME: Aon Risk Services, Inc of Florida 1001 Brickell Bay Drive, Suite #1100 Miami, FL 33131.4937AIC PHONE 1FAX No Ext): 800-743-8130 A/C, IC No): 800-522-7514 ADDRESS: ADP.COI.Center@,Aon.com INSURER(S) AFFORDING COVERAGE NAIC # I{ INSURER A: New Hampshire Ins Co 23841 INSURED ADP TotalSource FL XVI, Inc. INSURER 8: 10200 Sunset Drive Miami, FL 33173 INSURER C : INSURER D: ALTERNATE EMPLOYER Ram Electrical Consulting & Contracting Corporation 42 Pleasant Street Suite C INSURER E Stoneham, MA 02180 INSURER F: vV�Gf\AVGJ I. M I Ir ll.Ii 1 C MIINIm"7 914 T24 OG\/ICl/1M CO. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION F ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORD BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE[BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD OMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES 'E occurrence $ MED EXP (Any one on $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY 7 PROJECT 7 LOC $ AUTOMOBILE LIABILITY COMBINEDSINGLEI 11 Ea accident $ BODILY INJURY Perperson) $ ANY AUTO ALL OWNED SCHEDULED BODILYINJURY Per accident $ AUTOS AUTOS NON -OWNED Per accident $ HIRED AUTOS AUTOS $ f UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAS I I CLAIMS -MADE DEC I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA WC 094184550 MA 07/01/14 07/01/15 WC STATU• OTH- X TORY LIMITS ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 (Mandatory inder If yesdescribe under , E.L. DISEASE - POLICY LIMIT 1 $ 2,000,00T-10 DESCRIPTION OF OPERATIONS below i DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remar�s Schedule, K more space Is required) All worksite employees working for the above named client company, paid under ADP TOTALSOURCE, INC.'s payroll, are covered under the above stated policy. The above named client is an alternate employer under this policy. t GtK I IFIGA I t_ MULDEK ICANCFLLATInN W IV013-LUTU AGUKU GOKPOKATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are' registered marks of ACORD I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE �HE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. i ZTHORU:ED REPRESENTATIVE pgon dtiAk ('etV&eA, grte o latida W IV013-LUTU AGUKU GOKPOKATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are' registered marks of ACORD f C`I ANS. ;;. I SSUES �THI JOLLOWI:NG -E..:6O'E,ktE AS A a GI` Ira MASTER,I.ECTR I E I AN RAS ELECTRICAL CONSU TING CONTR. ROBERT 7 k2 PLEASAC'fi $T a t.E>tAM r Asa o2 t80-3850 to9mk., %~ 071 JJ,�.�;n. 660 4 I �Ios AMERICAN CLAIMS SERVICE MULTI -LINE ADJUSTERS BUILDING COMMISSIONER OR BOARD OF HEALTH OR INSPECTOR OF BUILDINGS BOARD OF SELECTMAN 1600 Osgood St Bldg 20 Ste 2035 North Andover, MA 01845 RE: INSURED: Trinitarian Congregational PROPERTY ADDRESS: `72 Elm St, North Andover POLICY NUMBER: CPP0100606964 LOSS OF: 10/09/2014; Steam Valve Burst FILE/CLAIM NUMBER 30964 PD Claim has been made involving loss, damage or destruction of the above -captioned property, which may.either exceed $1,000.00 or cause Massachusetts General Laws, Chapter 143, Section 6, to be applicable. If any notice under Massachusetts General Laws, Chapter 139, Section 3B.is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim file number. Craig Gillespie Claims Representative On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail. Unless we hear from you within the next 10 days, we will not be obligated to pay any portion.of this claim to you. Date 10/14/.2014 7 KIMBALL LANE, BUILDING C, LYNNFIELD, MASSACHUSETTS 01940 TELEPHONE (781) 245-9516 o FAX: (781) 245-1077 10584 l)ate..(Pj.!ap.Lt TOWN OF NORTH ANDOVER PERMIT FOR PLUMBING This certifies that.....pa.nSo.1 Q�t�h ........................ I .................. 4. has permission to perform ... ....... .... . .. ............ plumbing in the buildings of ..... 4-4 1 ........... .... ................ ...... ..... .................. at ... ......................... North Andover, Mass. Fee...... Lic. No. . ............................................................ . . PLUMBING INSPECTOR Check# "5Q?>G'e WATER HEATER ALL TYPE OTHER L INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142. YES O'NO IF YOU CHECKED YES, PLEASE INDICATE TH PE OF COVERAGE BY CHECKING THE APPROPRIATE BOX BELOW LIABILITY INSURANCE POLICY OTHER TYPE OF INDEMNITY D BOND MJ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Massachusetts General Laws, and that my signature on this permit application waives this requirement. CHECK ONE ONLY: OWNER F-11 AGENT SIGNATURE OF OWNER OR AGENT I hereby certify that all of the details and information I have submitted or entered regarding this application are true nd accurate t9*e best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be with P ent provision of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. PLUMBER'S NAME C —,—IILICENSE# SIGNATURE .......... . . ... . IVIP JP D] CORPORATION D # PARTNERSHIP0# LLC ....... COMPANY NAME ADDRESS IQ) CITY jJSTATE -L ZIP TEL ?t -M U 3 f FAX CELL -- MAIL .................. -X \1 Q k 3P N � MASSACHUSETTS UNIFORM APPLICATION FOR A PERMIT TO PERFORM PLUMBING WORK CITY f --Jl MA � 4 DI 1 PERMIT 4 JOBSITE ADDRESS OWNER'S NAME POWNER ADDRESS TEL FAX TYPE OR OCCUPANCY TYPE COMMERCIAL p EDUCATIONAL f RESIDENTIAL 01 PRINT CLEARLY NEW: RENOVATION: 0 REPLACEMENT: DI PLANS SUBMITTED: YES 0 NOR FIXTURES'l FLOOR- BSM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 BATHTUB CROSS CONNECTION DEVICE —1 —j DEDICATED SPECIAL WASTE SYSTEM DEDICATED GAS/OIL/SAND SYSTEM I DEDICATED GREASE SYSTEM --AL—i J= =—J= DEDICATED GRAY WATER SYSTEM I -J I DEDICATED WATER RECYCLE SYSTEM I ---------- DISHWASHER DRINKING FOUNTAIN FOOD DISPOSER FLOOR/AREA DRAIN INTERCEPTOR (INTERIOR) KITCHEN SINK I -------.1.= LAVATORY ROOF DRAIN SHOWER STALL SERVICE/MOP SINK TOILET URINAL WASHING MACHINE CONNECTION WATER HEATER ALL TYPE OTHER L INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142. YES O'NO IF YOU CHECKED YES, PLEASE INDICATE TH PE OF COVERAGE BY CHECKING THE APPROPRIATE BOX BELOW LIABILITY INSURANCE POLICY OTHER TYPE OF INDEMNITY D BOND MJ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Massachusetts General Laws, and that my signature on this permit application waives this requirement. CHECK ONE ONLY: OWNER F-11 AGENT SIGNATURE OF OWNER OR AGENT I hereby certify that all of the details and information I have submitted or entered regarding this application are true nd accurate t9*e best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be with P ent provision of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. PLUMBER'S NAME C —,—IILICENSE# SIGNATURE .......... . . ... . IVIP JP D] CORPORATION D # PARTNERSHIP0# LLC ....... COMPANY NAME ADDRESS IQ) CITY jJSTATE -L ZIP TEL ?t -M U 3 f FAX CELL -- MAIL .................. -X \1 Q k 3P N � 191 w ui w LL &I The Commonwealth ofMassachusetts Department of IndustrialAccidents Office of Investigations 600 Washington Street Boston, MA 02111 qu www.massgov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/plumbers AppReant Information Please Print Ledb Name (BusinessTOrganization/ind�� A� U rJ Address: �ividuaU v c,, 0 �_ /(— /41/ C City/State/Zip: % gy C,4- �, 1 1 /44 OF3uPhone #: Are you an employer? Check the appropriate box: - Typo of project (required): 1. ❑ I am a employer with 4. ❑ I am a general contractor and I 6. ❑ New construction ployees (full and/or part-time).* have ned the sub -contractors listed on the attached sheet.1 7.Remodeling ❑ 2. lam a sole proprietor or partner- ship and'have no employees These sub -contractors have 8. Demolition 8. ❑ working for me in any capacity. workers' comp. insurance. 5. ❑ We are a corporation and its g, ❑ Building addition [No workers' comp. insurance required.] officers have exercised their 10.❑ Electrical repairs or additions 3. ❑ I am a homeowner doing all work right of exemption per MGL 11. E] Plumbing repairs or additions myself. [No workers' comp. c. 152, § 1(4), and we have no 12. ❑ Roof repairs insurance . re uired required.] � employees. [No workers' 13.❑Other comp. insurance required.] 1%ny applicant that checks box#1 must also fill out the section below showingtheir workers' compensation policy information. I Homeowners who submit this affidavit indicating they Ere doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information. .I am an employer that is providing workers' compensation insurance for my employees. Below is the policy anti job site information. Insurance Company N Policy # or Self -ins. Lie. Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as requiredunder Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP? WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of :investigations of the DIA- for insurance coverage verification. Y dolaere cerci der the pains p ties of perjury that tTte information provided t Sienature: Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License # aP,and correct. Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. CitylTown Clerk 4. EIectrical Inspector 5. Plumbing Inspector 6. Other - - Contact Person: Phone #: Information and Instruction -_8 Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire,• express or implied, oral or. written." An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states.that "every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced.acceptable evidence of compliance with the insurance coverage required" Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any ofits political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub -contractors) name(s), address(es) and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit maybe submitted to the Department of industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permithicense applications in any given year, need only -'submit one affidavit indicating current Policy information (if necessary) and under "Job Site Address" the applicant should write "all locations in (city or town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit ii on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license orpermit to burn leaves etc.) said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth of..11bmarhwetts Depaftent offadustdal .Accxdez�t� office of Investigation 6.00 Wasligtou Sheet Boston} MA. 021.1.1 Tel, #617-727-4900 o7t 406 ox 1;-877,MASSAFF, Revised 5-26-05 Fax# 617-727-7749 'c�tr.mace ansr/�;a Date... ......... z..... 1. TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that ........... :......... ( C........................................ has permission to perform....r < c .,.. ...........- j .fir..-........, 1:`...........f�/-/.r/r. � wiring in the building of..... � �.. ..r.:. .s..... Via. r >....................... at ... �''�— ......... L..`"� S' ............ . North Andover, ass. ........................................................ Fee . .. .............. Lic. No. y��..............:: !.� ..!'i " ..... r~.......,..;: ...... .. r...... `�`E * crRicAL INSPECfOR� Check # i n N Commonwealth of Massachusetts 11°iU `only U9, Department of Fire Services PermitNo. l Occupancy and Fee Checked BOARD OF FIRE PREVENTION REGULATIONS [Rev. 1/07] (leave blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code,�EC),, 27 CMR 12.00 (PLEASE PRINT IN NK OR TYPE ALL ) FORMATION) Date: �-�r��,,((// City or Town oh NORTH ANDOVER To the Inspector of Wires: By this application the undersigned gives notice of his or tention to perform the electrical work described below. Location (Street & Number) _ 7 � W� J -t -- Owner or Tenant / `'un1ja✓t/ an Telephone No. Owner's Address Is this permit in conjunction with a b ilding 7nit? Yes [I No � B (Check Appropriate ox) Purpose of Building '�: UYt Ci Utility Authorization No. - Existing Service Amps / Volts Overhead ❑ Undgrd ❑ No. of Meters New Service Amps / Volts Overhead ❑ Undgrd ❑ No. of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work. 111 h5 ri ��hS T I. Completion ofthe following table may be waived by the Inspector of Wires. No. of Recessed Luminaires No. of Ce% Susp. (Paddle) Fans No. of Total Transformers KVA No. of Luminaire Outlets No. of Hot Tubs Generators KVA No. of Luminaires Swimming Pool Above ❑ In- ❑ rnd. grnd. No. of Emergency Lighting Battery Units No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No, of Zones No. of Switches No. of Gas Burners No. of Detection and Initiating Devices No. of Ranges No. of Air Cond. Total Tons No. of Alerting Devices No. of Waste Disposers Heat Pump Totals: Number Tons KW No. of Self -Contained Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW Local ❑ Municipal ❑ Other Connection No. of Dryers Heating Appliances KW Security Systems:* No. of Devices or Equivalent No. of Water KW No. of No. of Data Wiring: Heaters Signs Ballasts No. of Devices or Equivalent No. Hydromassage Bathtubs No. of Motors Total HP Telecommunications Wiring: No. of Devices or Equivalent OTHER: Attach additional detail if desired, or as required by the Inspector of Wires. Estimated Value of Electric -Work: (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such cover cis in force, and has exhibited roof of�e to th ermit issuingoffice. CHECK ONE: INSURANCE BOND ElOTHER ❑ (Specify:) / I certify, under the pains a 'e alties of�1e J1 yj4nat the infor ration on this application is true and complete. FIRM NAME:. V ,Q Y/l� +��1 C { LIC. NO.: Licensee: v_ h4 Signature r LTC. NO.: (If applicable; ente44P t" i�licZJ Me;line. .% I _f _� Bus. Tel. No.• Address: t /%� -�//� �' U 44 Alt. Tel. No.: *Per M.G.L c. 147, s. 57-61, security work requir6s Department of Public Safety "S" License: Lic. No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent. Owner/Agent Signature Telephone No. PERMIT FEE: JZ3 ❑ 2012 Massachusetts Electrical Code Amendments 527 CMR 12.00 § Rule 8: In accordance with the provisions of M.G.L. c. 143, § 3L, the permit application form to provide notice of installation of wiring shall be uniform throughout the Commonwealth, and applications shall be filed on the prescribed form. After a permit application has been accepted by an Inspector of Wires appointed pursuant to M. G.L c. 166, § 32, an electrical permit shall be issued to the person, firm or corporation stated on the permit application. Such entity shall be responsible for the notification of completion of the work as required in M.G.L. c. 143, § 3L. Permits shall.be limited as to the time of ongoing construction activity, and may be deemed by the Inspector of Wires abandoned and invalid if he or she has determined that the authorized work has not commenced or has not progressed during the preceding 12 -month period. Upon written application, an extension of time for completion of work shall be permitted for reasonable cause. A permit shall be terminated upon the written request of either the owner or the installing entity stated on the permit application. ❑ The Permit Extension Act was created by Section 173 of Chapter 240 of the Acts of 2010 and extended by Sections 74 and 75 of Chapter 238 of the Acts of 2012. The purpose of this act is to promote job growth and long-term economic recovery and the Permit Extension Act furthers this purpose by establishing an automatic four-year extension to certain permits and licenses concerning the use or development of real property. With limited exceptions, the Act automatically extends, for four years beyond its otherwise applicable expiration date, any permit or approval that was "in effect or existence" during the qualifying period beginning on August 15, 2008 and extending through August 15, 2012. ❑ Rule 8 — Permit/Date Closed: *** Note: Reapply for new permit ❑ ❑ Permit Extension Act — Permit/Date Closed: Trench Inspection Pass M Failed 0 Re- Inspection Required ($.) ❑ Inspectors Comments: Inspectors Signature: Date: SERVICE INSPECTION: Pass 0 Failed 0 Re- Inspection Required ($.) ❑ Inspectors Comments: . Inspectors Signature: Date: PARTIAL ROUGH INSPECTION: Pass Failed Re- Inspection Required ($.) ❑ Inspectors Comments: Inspectors Signature: Date: ROUGH INSPECTION: Pass 0 Failed Re- Inspection Required ($.) ❑ Inspectors Comments: Inspectors Signature: Date: FINAL INSPECT N: Pass M Failed 0 Re- Inspection Required ($.) ❑ Inspectors Comments: Inspectors Signature: Date: DEB WEINHOLD ... TOWN OF MERRIMAC, MA........dweinhold@townofinerrimac.corn The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 www.massgov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information _ Please Print Legibly Name (Business/Organization/Individual): Juft/C/ fle6A(6 (,o Address: -k I v), t City/State/ZiD: ko /017 Phone#: Are VUan employer? Check the appropriate box: 1. 0 I am a employer with (— 4. ❑ I am a general contractor and I employees (full and/or part-time).* have hired the sub -contractors 2. ❑ I am a sole proprietor or partner- listed on the attached sheet ship and'have no employees These sub -contractors have working for me in any capacity. workers' comp. insurance. [No workers' comp. insurance 5. ❑ We are a corporation and its required.] officers have exercised their 3111 am a homeowner doing all work right of exemption per MGL myself. [No workers' comp. c. 152, § 1(4), and we have no insurance required.] t employees. [No workers' comp. insurance required.] Type of project (required): 6. ❑ New construction 7. ❑ Remodeling 8. ❑ Demolition 9. ❑ Building addition 10. ❑ Electrical repairs or additions 11.❑ Plumbing repairs or additions 12. ❑ of repairs �- 13.`Other *Any applicant that checks box #1 must also fill out the section below showing their workers' compensation policy information. Al Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. #Contractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information. I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. `�����/� Insurance Company Name:. �i Policy # or Self -ins. Lic. #: no 0o / Expiration Date: Job Site Address- ` �' � �J' City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as requiredunder Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certifyu r the nd enalties of perjury that the information provided above is yruend correct n- �gb Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other - - - Contact Person: Phone #: Information and Instructions - Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced -acceptable evidence of compliance with the insurance coverage required" Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub-contractor(s) name(s), address(es) and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information (if necessary) and under "Job Site Address" the applicant should write "all locations in (city or town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves etc.) said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth of Massachusetts Department of ladustrial Accidents Office of Investigatlo.ns 600 Washington Street Boston, MA, 02111 Tel, # 617-7274900 ext 406 or 1-877rMASSAFE Revised 5-26-05 Faze # 617-727-7749 wWWjnass.gov/dia Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection Northeast Regional Office • 205B Lowell Street, Wilmington MA 01887.978-694-3200 DEVAL L. PATRICK MAEVE VALLELY BARTLEfT Governor Secretary June 17, 2014 Certified Mail # 7013 0600 0002 3013 2431 Trinitarian Congregational Church RE: North Andover 72 Elm Street 72 Elm Street North Andover, MA 01845-2624 RTN 3-0029367 NON -NE -14-3R059 Attention: William W. Pickles, Chairman, Board of Trustees NOTICE OF NONCOMPLIANCE WITH THE MASSACHUSETTS CONTINGENCY PLAN Dear Mr. Pickles: DAVID W. CASH Commissioner The Department of Environmental Protection ("MassDEP") has determined that the Trinitarian Congregational Church (hereinafter referred to as "you" or "your") is not in compliance with one or more requirements enforced by MassDEP. You are a Potentially Responsible Party ("PRP") for the site referenced above which is classified Tier Il pursuant to Massachusetts waste site cleanup regulations, the Massachusetts Contingency Plan ("MCP"), 310 CMR 40.0000. The Tier Il Classification authorizes you to undertake response actions at the subject site in order to address a release of oil and/or hazardous material. This Notice of Noncompliance ("NON") informs you that you are not in compliance with the Massachusetts Contingency Plan. An Administrative Penalty may be assessed for every day from now on that you remain in noncompliance. As of the date of this NON, you are not in compliance with each regulation checked below: Q Violation 1: You have failed to submit an Immediate Response Action ("IRA") Status Report or an IRA Completion Report to MassDEP as required by the MCP. An IRA Status Report must be submitted to MassDEP every six months as required by 310 CMR 40.0425 until an IRA Completion Report which meets the requirements of 310 CMR 40.0427 is submitted to MassDEP; and This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TDD# 1-866-539-7622 or 1-617-574-6868 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper North Andover, 72 Elm Street, RTN 3-0029367 NON -NE -14-3R059 Q Violation 2: You have failed to submit to MassDEP a Phase II Comprehensive Site Assessment (Phase II Report) and, if applicable, a Phase III Remedial Action Plan (Phase III Report). These Reports were due within two years of the effective date of your initial Tier II Classification as is required by 310 CMR 40.0560(2)(b). ACTIONS TO BE TAKEN AND THE DEADLINES FOR TAKING SUCH ACTION: 1. By August 17, 2014, you must submit to MassDEP an IRA Status Report as required by 310 CMR 40.0425. If the IRA is complete, submit an IRA Completion Report; and 2. Unless you submit a Downgradient Property Status Submittal which meets the requirements set forth in 310 CMR 40.0183, or a Permanent or Temporary Solution Statement which meets the requirements set forth in 310 CMR 40.1000 through 40.1099, you must submit to MassDEP, a Phase I1 Report which meets the requirements set forth in 310 CMR 40.0830 through 40.0840 by December 17, 2014; and 3. Unless the Phase I1 Report concludes that you have achieved a level of No Significant Risk, a Phase III Report which meets the requirements set forth in 310 CMR 40.0850 through 40.0864 must be submitted to MassDEP by July 14, 2015. As a Potentially Responsible Party, you are required to conduct and complete the response necessary to address the subject release of oil and/or hazardous materials. You are subject to significant penalties if you fail to conduct all necessary and required response actions required to ensure that a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c. 21 E and the MCP. Please consult the MCP for the complete explanation of these requirements. The MCP may be viewed on MassDEP's web page at http://www.mass.gov/eea/agencies/massdep/cleanup/regulations/site-cleanup-regulations-and- standards.html#mcp. Notwithstanding this Notice, MassDEP reserves its rights to exercise the full extent of its legal authority in order to obtain full compliance with all applicable requirements, including, but not limited to, administrative action including administrative penalties imposed by MassDEP. The enclosures contain information about the regulations you are violating and more information about the actions you must take to return to compliance. If you have any questions, please contact Paegan Deering at (978) 694-3382. Very truly yours, Stephen M. Johnson Deputy Regional Director Bureau of Waste Site Cleanup Page 2 North Andover, 72 Elm Street, RTN 3-0029367 NON -NE -14-3R059 Attachment: Frequently Asked Questions cc: Data entry C&E NON/file Roger P. Thibault, LSP, by electronic mail North Andover Board of Health, by electronic mail Page 3 aNPRO July 23, 2014 Ms. Susan Y. Sawyer, Director North Andover Health Department 1600 Osgood Street Building 20; Unit 2035 North Andover, MA 01845 RECEIVED j4i_ �8 ?014 TOWN OF NOIRTH ANDOVER HEALTH DEPARTMENT Reference: Notification of Availability of Permanent Solution With No Conditions Statement, Release of #2 Fuel Oil From AST Trinitarian Congregational Church 72 Elm Street North Andover, MA 01845 Release Address: 72 Elm Street North Andover, MA 01845 MassDEP RTN 3-29367 Dear Director Sawyer: Pursuant to the Public Involvement Requirements (310 CMR 40.1400) of the Massachusetts Contingency Plan (MCP), ENPRO Services, Inc. (ENPRO) is sending you this notification on behalf of our client, Trinitarian Congregational Church (Trinitarian Church), regarding the submittal of a Permanent Solution Statement With No Conditions Statement and Immediate Response Action Completion Report to the Massachusetts Department of Environmental Protection (MassDEP) for the above -referenced release of #2 fuel oil that occurred on July 7, 2010. The Permanent Solution Statement and Immediate Response Action (IRAS) Completion Report documents the response actions completed to assess and clean up a release of approximately 35 to 50 gallons of #2 fuel oil to the basement of the Church, the town storm drain system, and a surface water body known as Osgood Pond in the Town of North Andover, MA. According to the MassDEP BWSC-101 Release Log Form and the BWSC-102 Release Amendment Form, the release was noted the morning of July 7, 2010 by an employee of a business located at 1 High Street, Schneider Electric. However it was not reported to the MassDEP until the employee noted a significant increase in the presence of oil later that day. The release of #2 fuel oil occurred due to a leaking 330 -gallon above -ground storage tank (AST) formerly located in the Serving the �.�l Greater Northeast www.enpro.com Town of North Andover, Health Department Director Permanent Solution with No Conditions Statement— RTN 3-29367 July 23, 2014 Page 2 basement of Trinitarian Church. Reportedly, Mr. Scott Leedberg of Schneider Electric notified Mr. Steven Ross of the MassDEP of the release at approximately 6:31 p.m. on July 7, 2010. Prior to determining the source of the release, the. MassDEP had requested that ENPRO, as a MassDEP Emergency Response (ER) Contractor, mobilize to the Site to perform preliminary ER cleanup actions. ENPRO was subsequently contracted by the Trinitarian Church to continue response actions, to provide field oversight of the release cleanup and Licensed Site Professional (LSP) services, and to prepare appropriate reports and forms towards closure of the release Site in accordance with the MCP. The response actions included the deployment and recovery of absorbent materials, cleaning of oil -impacted concrete surfaces, removal of oil -impacted water, removal of oil -impacted liquids and sediment from catch basins, excavation of contaminated soils, and proper disposal of remediation waste. IRA removal and assessment activities were completed to meet the requirements of the Massachusetts Contingency Plan, 310 CMR 40.0000 (MCP). Upon completion of the IRA activities, Site conditions met the requirements of a Permanent Solution Statement With No Conditions, indicating that a condition of No Significant Risk, as defined by the MCP, is present, contaminant concentrations have been reduced to as close to background as feasible but background conditions have not been achieved, all sources of contamination have been eliminated, and no further response actions are required with respect to the release of #2 fuel oil that occurred at the Site on July 7, 2010.. The Permanent Solution Statement submittal is available at the. MassDEP Northeast Regional Office in Wilmington, Massachusetts filed under Release Tracking Number 3-29367 or online at http://db.state.ma.us/dep/cleanup/sites/search.asp. A search for electronically available files related to this release may be performed at the referenced website using the release tracking number 3-29367. A copy of the report may be obtained by contacting Mr. William Pickles of the Trinitarian Church at the address listed below. If you have any questions regarding this Site, please contact the undersigned at (978) 465-1595. Sincerely, ENPRO Services, Inc. Geoffrey A. Brown, Ph. D. Senior Vice President Serving then Greater Northeast www.enpro.com N Town of North Andover, Health Department Director Permanent Solution with No Conditions Statement— RTN 3-29367 July 23, 2014 Page 3 Copy To: Mr. William Pickles III, Chairman Board of Trustees Trinitarian Congregational Church 72 Elm Street North Andover, MA 01845 Massachusetts Department of Environmental Protection Northeast Regional Office 205B Lowell Street Wilmington, MA 01887 Mr. Andrew W. Maylor, Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Serving the Greater North east www.enpro.com BUILDING DEPARTMENT tommunity Development Division Dr. Richard Knight Trinitarian Congregational Church 72 Elm Street North Andover MA 01845 January 18, 2012 Thank you for allowing the Building Department to perform our annual five -year certificate of inspection required by state law 780CMR . Due to the age and assembly use occupancy several issues were observed. o Stage area had a blocked egress and multiple hazardous lighting fixtures, some running on extension cords and others with the covers missing and the stage curtains do not appear to fire rated. o Illuminated Exit signs and emergency lights are typically nonexistent throughout the building. ® Egress doors are extremely difficult to open and panic hardware needs to be installed. ® Hot water heater exhaust flue pipe and chimney cleanout need immediate repair. ® Carbon monoxide/smoke detectors should be installed as needed throughout the structure. It is the building departments recommendation the church retain a architect and or design professional familiar with churches to help start you on a track to repair these deficiencies. The next certificate of inspection is due in 5 years and ALL the deficiencies' must be corrected before this time. We will be monitoring your progress yearly to keep the parish safe. Thank you for your attention to this matter. If you have any questions, please call the office of the Building Department at 978-688-9545. - Very truly yours, G raid Brown, Inspector of Buildings Building Department 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9545 Fax 918.688.9542 Web www.townofnorthandover.com 7408 Sao ,ea-ryO h a L 9 \SA�wuSEt Date. ./v. q A6.... . TOWN OF NORTH ANDOVER PERMIT FOR GAS INSTALLATION This certifies that .....0 :1.! '`.�I.... t ................... has permission for gas installation ... in the buildings of ... r'` �. n. 2 �.� :.(: •� I ... ,/ :"�-".Yx I:�.g: at . .... i c) ... � .... , North�/ Andover, Mass. Fee:.` 5.� `� Lic. NoJ6,, 1... ... ` GAS INSPECTOR Check # 7 NLASSAaTSEM LTNHORVl APPUCATON FOR PERTNU TO DO GAS FMING (Type or print) NORTH ANDOVER, MASSACHUSETTS Date 16 — %.3 —IQ Building Locations ! Elm ii/1 t7�— Permit # Amount $ Owner's Name�� NA C& g NewEl Renovation Replac'ement Plans Submitted (Print or t Named 1A Name of Licensed Plumber or Gas Fitter -r� A__ Check one: Certificate Installing Company FICorp. 11 Partner.. ElFirm/Co.- INSURANCE irm/Co: INSURANCE COVERAGE Check one: I have a current liability Insurance policy or it's substantial equivalent. Yes 1:1 No If you have checked yg�, please indicate, the type coverage by checking the appropriate box. Liability insurance policy Other type of indemnity0 Bond 13 Owner's Insurance Waiver: lam aware that the licensee does not have the Insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check one: Si.Rnature of Owner or Owner's Agent Owner Ag El hereby certify that all of the details and formation I have submitted (or entered) in above; a e true and accurate to the, best of m} knowledge and that all plumbi work and i.nstall:nit�cperformr, under I rmit ss c application will be in compliance with all pertinent provisions of the ,�lassuchusetts S&rl;as e anptcr of the Ce crai Laws. By: Title City!Town APPROVED (OFFICE USE ONLY) Signature of Plumber Gas Fitter Master Journeyrnan sed limber Or Gas Fitter dao i dense r um er W vi x Cn O ~ y>� ^• q rn 0 O O , ] o H Cn W d T E, H Z H d' W W t'T� • `+;� J a ul ppb fH Cud: H A U '9 p H D7 O [-4 U' .�7 y SUB -BASEMENT BASEMENT 1ST. FLOOR 2ND. FLOOR 3RD. FLOOR . 4T II. FLOOR 5TH. FLOOR 6TH. FLOOR 7TH. FLOOR 8TH. FLOOR (Print or t Named 1A Name of Licensed Plumber or Gas Fitter -r� A__ Check one: Certificate Installing Company FICorp. 11 Partner.. ElFirm/Co.- INSURANCE irm/Co: INSURANCE COVERAGE Check one: I have a current liability Insurance policy or it's substantial equivalent. Yes 1:1 No If you have checked yg�, please indicate, the type coverage by checking the appropriate box. Liability insurance policy Other type of indemnity0 Bond 13 Owner's Insurance Waiver: lam aware that the licensee does not have the Insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on this permit application waives this requirement. Check one: Si.Rnature of Owner or Owner's Agent Owner Ag El hereby certify that all of the details and formation I have submitted (or entered) in above; a e true and accurate to the, best of m} knowledge and that all plumbi work and i.nstall:nit�cperformr, under I rmit ss c application will be in compliance with all pertinent provisions of the ,�lassuchusetts S&rl;as e anptcr of the Ce crai Laws. By: Title City!Town APPROVED (OFFICE USE ONLY) Signature of Plumber Gas Fitter Master Journeyrnan sed limber Or Gas Fitter dao i dense r um er AN 1. Fr I am a employer with -3 The Commonwealth of Massachusetts ' have hired the sub -contractors Department of Industrial Accidents U�q ship and have no employees These sub -contractors have , I }I� Office of Investigations • ; C~yJJf• required.] 600 Washington Street 3. ❑ 1 am a homeowner doing all work right of exemption per MGL myself. [No workers' comp. Boston, MA 02111 www mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly ® `A Name (Business/Organization/Individual): ' "�y*' �1 �j 1A, - Add ress: ,-Address: P(� —7 City/State/Zip: Phone #: Are,pu an employer? Check the appropriate box: 1. Fr I am a employer with -3 4. ❑ I am a general contractor and I employees (full and/or part-time).* have hired the sub -contractors 2. ❑ I am a sole proprietor or partner- listed on the attached sheet. ship and have no employees These sub -contractors have working for me in any capacity. workers' comp. insurance. [No workers' comp. insurance 5. ❑ We are a corporation and its required.] officers have exercised their 3. ❑ 1 am a homeowner doing all work right of exemption per MGL myself. [No workers' comp. c. 152, § 1(4), and we have no insurance required.] employees. [No workers' comp. insurance required.] Type of project (required): 6. Q New construction 7. ❑ Remodeling 8. ❑ Demolition 9. ❑ Building addition 10.❑ Electrical repairs or additions 11.❑ Plumbing repairs or additions 12.0 Roof repairs 13.❑ Other *Any applicant that checks box # I must also fill out the section below showing their workers' compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub -contractors acid their workers' comp. policy information. I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. _ _ I Insurance Company Policy # or Self -ins. Lie. #: Expiration Date: Job Site Address: />~�� �t�t 0- 1 )O r -K 4,vM / City/State/Zip: ).AIW Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $ against the violator. Be lsed that a copy of this statement may be forwarded to the Office of Inves ' ations of the DI or msumnce cover ke ierification. I do hereby certify undelthe that the information provided above is true and correct.' '113-1 Official use only. Do nbt write in this area, to be completed by city or town official. City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: I Phone #: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the owner,of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of anofher who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub-contractor(s) name(s), address(es) and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the pen -nit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Deparhnent at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be surethat the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the pen-nit/license number which will be used as a reference number. In addition, an applicant that must submit multiple pennit/license applications in any given year, need only submit one affidavit indicating current policy information (if necessary) and under "Job Site Address" the applicant should write "all locations in (city or town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future pen -nits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or pen -nit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.) said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 42111 Tel. # 617-727-4900 ext 406 or 1-877-MASSAFE Fax # 617-727-7749 Revised 5-26-05 www.mass.govldia May 15, 2009 77 Elm Street North Andover, MA 01845 Gerald Brown Zoning Enforcement Officer 1600 Osgood Street Building 20 Suite 2-36 North Andover, MA 01845 Attention: Zoning Enforcement Officer This letter is written with respect to the case of the MetroPCS proposal to install wireless antennae in the steeple of the Trinitarian Congregational Church located at 72 Elm Street. In accordance with Chapter 40A, Section 7 of the Massachusetts General Laws, I hereby request that you enforce the Town of North Andover Zoning Bylaw with regard to wireless facilities, Section 8.9 3) c) v) (1), which states: v) Setbacks All wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed. (1) In order to ensure public safety, the minimum distance from the base of any ground -mounted wireless service facility to any property line, shall be 2x the height of the facility/mount, including any antennas or other appurtenances. This set back is considered the "fall zone". A minimum setback of 600 feet shall be required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types. On March 3, 2009, the Town of North Andover Planning Board issued a special permit for this proposed installation, in violation of Section 8.9 3) c) v) (1) of the town's bylaw.- In accordance with Chapter 40A, a building permit cannot be issued for projects that violate the zoning bylaw, without a variance from the ZBA. Therefore, in this case you are required to enforce the bylaw and deny a building permit. I look forward to your notification, in writing, of any action or refusal to act, and the reasons therefor, within 14 days of your receipt of this request, as required by Chapter 40A, Section 7. Thank you for your prompt attention to this matter. 4Si,ely, M. Fennessy C: Zoning Board of Appeals; Attn: Chairman Alfred Manzi III PA 45 00 (-A r TOWN 0 to RTW ANDOVER T FOR PLUMBING This certifies that .... -I ............. • • • • has permission to perform ....�.�/. plumbing in the buildings of at , .. 1.11'. • ?°........ • ........... , North Andover, Mass. LUMBING INSPECTOR f Check # 7347 MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING (Type or print) NORTH ANDOVER, MASSACHUSETTS -� Date (11,71o7 Building Location �G �'L �7 �� Owners Name %2{ Permit # Amount Type of Occupancy New ri Renovation Replacement [3-""" Plans Submitted Yes No FIXTURES (Print or type) ® Installing Company Name Address v j 6)y - - Check one: Corp. , Partner. U Finn/Co. Name of Licensed Plumber. Insurance Coverage: Indicate the We of insurance coverage by checking the appropriate box: Liability insurance policy Other type of indemnity El Bond ❑ Certificate Insurance Waiver: I, the undersigned, have been made aware that the licensee of this application does not have any one of the above three insurance Signature 7 Owner Agent I hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best of my knowledge and that all plumbing work and installati s performed under Permit Issued fiq this application will be in compliance with all pertinent provisions of the Massachu 11mbing Code an4 Chapter of the Ge ral Laws. By: S-ig-n-aM 01 LiCenseaum er 61 Type of Plumbing License Title City/Town ricense Mumner Master �Iouriieyman APPROVED (OFFICE USE ONLY AP -`'?/-a Date..................... TOWN OF NORTH ANDOVER PERMIT FOR WIRING Thiscertifies that ..................................... i ...................... ................................ has permission to perform.._.,, .. i� '6 �. . . . . . . wiring in the building of ..... (.,. . . ......Z2...... . 9 .. . ... _. --�j .................................. . North Andover, Mass. Fee .. . ....... Lic. No'q.I(m? ...... ... ..... ...... ELECrRI AL INsp Ecro Check # 7028 Commonwealth of Massachusetts Department of Fire Services BOARD OF FIRE PREVENTION REGULATIONS OfficiallUlk Only Permit No. 70,:). r Occupancy and Fee Chocked�,� �— ev- 11/991 leave blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in w=dance with the Masswhumns Electrical Code (MEC), 527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION)_ Date: City or Town of: NOZ t4 Cuti01tVt t) To the Inspector of Wires: By this application the undersigned' gives notice of his or her intention to perform the electrical work described below. Location (Street est Number) 7 Elis 5-/ra' -f Owner or Tenant %l-JA)Vh G/Qn Cl� C JLLL,-tCy1 Telephone No. (p Owner's Address -- - -7 c,2 IM S jr p & I yT� Is this permit In conjunction with a building permit? Yes ❑ No �a (Check Appropriate Box) Purpose of Building_ t7onaX_-, Utility Autborbation No. Existing Service Amps / Voles Overhead ❑ Undgrd ❑ No. of Meters New Service Amps / Volts Overhead ❑ Undgrd ❑ No. of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Cane/0-tion offhe fallnwino tnhlo r "y ho w i d Av 11w tnvrq~ nt Wise No. of Recessed Fixtures No. of CeiL-Susp. (Paddle) Fans . v _ a ofo& Transformers KVA Na of Lighting Outlets No. of Hot Tubs Generators KVA Na of Lighting Fixtures Swimming Pool Above ❑ n- ❑ d. rod. o. o mergency ng Bette Units No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Switches No. of Gas Burners o. of Detection an InItistina Devices No. of Ranges No. of Air Cond. Total Tons No. of Alerting Devices No. of Waste Disposers eat Pump Totals: Number Tons No. o - onta n Detection/Alerting Devices Na of Dishwashers Space/Ara Heating KW Local ❑ Municipal al ❑ Other No. of Dryers Heating Appliances KW SecuritySystems: No. of Devices or Equivalent No. of Water KN, Heaters No—.0v o. of Sips Ballasts Data Wirl Na of Devices or Equivalent Na Hydromassage Bathtubs No. of Motors Total HP Telecommunic2tions Na of Devices or Equivalent OTHER: Anoch additional detail ff dvireA or as required by dw hupeetor of Wires. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides roof of liability insurance including " '^;L! "^r �ti ,." P tY o �mr -r- o^ : ow.—ag„ cs iu subawaiai equivaien;. —she undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE BOND ❑ OTHER ❑ (Specify:) xp i nation Ne) Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion. I certify, ander the pains and penalties of perfary, that the Information on this 0 n Is true and complefea FIRM NAME: C/i Cie &CaL" Ele-ctei C, LIC. NO.: /q Licensee: }( \6J2 C 17 Ca i'jCC 4L,) Signature LIC. NO.: Wapplicable, enter "exempt "in the license number line.) Bus..TeL No.: Address: Alt TeL No.. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not move the. liability insurance coverage normally requir6d by law. By my signature below, I hereby waive this requirement. 1 am the (check one ❑ owner C] owner's agent. Owner/Agent Signature, - Telephone No. PERMIT FEE: S -50.00 t 41 Yi Location 72 , e! ,O No. 1-174 Date s,� �/ o <r— HORT#q TOWN OF NORTH ANDOVER OL 9 Certificate of Occupancy $ 's'•"° ttn Building/Frame Permit Fee $ s4CHUS Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # 7f6 18597 'A Building Inspector ` TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCTREP RENOVAT OR DEMOLISH A ONE OR TWO FAMILY DWELLING ..�Y+.i"'. •.,�,..•:-n i 77-77777, BUILDING PERMIT NUMBER 4717 f DATE ISSUED: SIGNATURE: Building Commissionaj r o Idings Date SECTION 1 -SITE INFORMATION 1.1 Property !: 64 1.2 Assessors Map and Parcel Number: c�d� 6;n Map Number Parcel Number 1.3 Zoning lnfonnation: 1.4 Property Dimensions: Zoning Dislrid Pr Use Lot Area Fronts ft 1.6 BURRING SETBACKS ft Front Yard Side Yard Rear Yard Required Provide ReqWred Provided Required, Provided 1.7 Water Supply M.GLC.40. 34) 1.3. Flood Zone Fnfmmetion: 1.8 Sewerage Disposal System: Public ❑ Private❑ Zone Outside Flood Zone ❑ Municipal ❑ On Site Disposal System ❑ SECTION 2 - PROPERTY OWNERSHIP/AUTHORIZED AGENT Historic District: Yes No 2.1 Owner of Record Name ( ' t) Address for Service Signature Te hone 2.2 Owner of Record: Name Print Address for Service: Signature Telephone SECTION 3 - CONSTRUCTION SERVICES 3.1 Licensed Construction.Supervisor: Not Applicable ❑ 0)f evvf6g .v— ✓` Licensed C6vfiruction Supervisor: ��✓� License Number A?/ ,Address-,/ Expiration Date Signature 47 Telephone 3.2 Registered Home Improvement Contractor Not Applicable 0 � ! 9, '�, jr - / Compan Registration Number .- � � Expiration Dfte Add /(�6 Signature Telephone 09 rn X e z O SECTION 4 - WORKERS COMPENSATION (XG.L C 152 § 25c(6) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Signed affidavit Attached Yes .......❑ No ....... ❑ SECTION 5 Description of Proposed Work check ad applicable) New Construction ❑ Existing Building ❑ Repair(s) ❑ Alterations(s) ❑ Addition ❑ Accessory Bldg. ❑ Demolition ❑ Other ❑ Specify Brief Description of Proposed Work: J SECTION 6 - ESTIMATED CONSTRUCTION COSTS Item 1. Building Estimated Cost (Dollar) to be Completed b permit a licant y OFFICI11LxUS _ (a) Building Permit Fee Multiplier f�tY 2 Electrical (b) Estimated Total Cost of Construction f �i 3 Plumbing Building Permit fee (a) X (b) D• O 4 Mechanical HVAC 5 Fire Protection 6 Total 1+2+3+4+5 Check Number 0 SECTION 7a OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT 1, as Owner/Authorized Agent of subject property Hereby authorize to act on My behalf, in all matters relative to work authorized by this building permit application. Signature of Owner Date SECTION 7b OWNER/AUTHORIZED AGENT DECLARATION 1, as ,as Owner/Authorized Agent of subject property Hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and belief ff/� r `- I l�V AC&H Prame Si ature of Owner ent Dat— e : NO. OF STORIES SIZE BASEMENT OR SLAB SIZE OF FLOOR TIMBERS 1 ST 2 ND 3 RD SPAN DIMENSIONS OF SILLS DIMENSIONS OF POSTS DIMENSIONS OF GIRDERS HEIGHT OF FOUNDATION THICKNESS SIZE OF FOOTING X MATERIAL OF CHIMNEY IS BUILDING ON SOLID OR FILLED LAND IS BUILDING CONNECTED TO NATURAL GAS LINE CS # 02268.0 HIC# 103358 rD omd =-- A. A. J. Walsh & Sons 55 Pleasant Street North Andover, MA 01845 # of Proposal Syed To: Job Name Job # Address iQ /) II, Job Location 978-688-6737 or 1-866-AJWALSH Date 4► � '� Date of Plans LJ C J Phone # Fax # Architect We hereby submit specifications and estimates for: _.__.._,,�,C..... �L._. _.... r .d 44� &42I�t 97e - .45*- ( 7// We propose hereby to furnish material and labor — complete in accordance with the above specif%ations for the sum of: 72 �j C $ •-JD Dollars with payments to be made as follows: Any alteration or deviation from above specifications involving extra costs will be Respectfully executed only upon written order, and will become an extra charge over and submitted—ae'46' above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Note — this proposal may be withdrawn us if not accepted wit days. 2cceptance of Prq-r The above prices, specifications and conditions are satisfactory and are 4,-iE�ignature hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined ove. Date of Acceptance '*2,17,.f Gs— Signature OCT -09-2002 WED 09;09 AM FAX NO, P. 02 r The Commonwealth of Massachusetts Deparhnent of Industrial Accidents Ofilee 011nyeS119,16845 600 Wasltine ron Street Boston, jVass. 02111 Workers' Compensation insurance Affidavit &d A/Y1061V4 !? ern a homeowner performing all work myself. am a sole proprietor and have no one working Jam an employer, a at ea in any capacity workers' compensation for my employees working on this job. 04 Q I am a sole proprietor. genersl contractor, or homeowner (circle ane) and have the following workers' compensation polices: X�? tired the contractors li ted below wha have lljdress: city-, , Fre to secure coverage as required under Section 25;1 of NJGL 152 can lead to the imposition of criminal penaltles o(a fit : up to 5tS00.00 andtor ailu one years' imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a One of 5100.00 a day against ne. I understand that a office nr Investigations of the DIA for coverage verification. cnQy of this statement may be forwarded to the ! do hereby certify the pains and penalties of print name Official use only t6 at the information provided above is true and correct /�2 97th —&W— do tint write in this area to be completed by city or town official city or town. pertnitilieense 4 nSul ling Department _ CLIci ising Board Cl check it immediate response is required 4 ClSelt tmen's Office ❑Hes th Departmeat hone #notb contact person: p• r (rs.nod 3145 NA) /I VVI -U0 -000G REV U0 -UQ rill rrin IYU, r. U0 Information and instructions ' Massachusetts General Laws chapter 152 section 35 requires all employers to provide workers' com ensation for their employees. As quoted from the "faw ', an emplvvee is defined as every person in the service of anot .er under any contract of hire. express or implied. oral or wriaen. .fin employer is defined as an individual, partnership. association. corpora u9atrvestof aher ldeceased em foyer oregal e,ntitv,-:c1,anv, two tilt' more of the foregoing engaged in a�olnt enterprise. and including the legal representatives receiver or trustee Of an individual , partnership. association or other legal entity. employing employ ; p However the owner of a dwelling hant of the ouse having not more than three do ma apartments and who resideconstruction repin, or the oc u air work on uch dwell r1; house dwelling house of another who employs tnant thereto sl all not because of such employment be deemed o be an employer. or on the grounds or building app NIGL chapter 152 section 25 also states that every state or local licensing agency shall withhold t :e issuance or renewal of a license or permit to operate a business onto construct buildings in the;co rnonwo alth for any applicant who has not produced acceptable evidence of compliance with'the insurance covea requiactre d. Additionally, neither the commonwealth nor any of its political subdivisions sha enter any cot The pliance with the insurance requiremen s of this chapter have performance of public work until acceptable evidence of com been presented to the contracting authority. Applicants Please fill in he workers' compensation affidavit completely, submitted to the Ot �arttnent of , by checking the box that applies to ) )ur situation and supplying company names, address and phone numbers as all affidavits may o sign and date the of :rdavit. The Industrial Accidents For conFirmation of insurance coverage. Also be sure t affidavit should be returned to the city or town that the application for the permit or license is bein, requested, not the Department of Industrial Accidents. Should you have any questions regarding the "law" or if you are required ion policy, please call the Department at the number listed below. to obtain a workers' compensat City or Towns t the please be sure that the affidavit is complete and printed legibly, The Departmentontact you re ardin herovided a s� ice a pplicalit. Please the affidavit for you to till out in the event the Office of Investigations has to c g be sure to fill in the permit/license number which will be used as a reference number.. The afftdavi s may be returned to the Department by mail or FAX unless other arrangements have been made. rile Office of Investigations would like to thank you in advance for you cooperation and should yc 1 have any questions, please do not hesitate to ;ive us a call. The Departments address, telephone and The Commonwealth of;vlassachusetts Department of Industrial Accidents Offica of Investigations 600 Washington Street Boston, Ma. 0111 fax f#: (617) 727-7749 phone 4: (617) 727-4900 ext. 406, 409 or 315 number: j R (�� �n�� �� �AI,Lv1,t1$9311d�1[ QBZIIiOH�(id 'sanlZVsx3s31Id32I Fa, SJ.NZDv SJd 'ANVdWO� aHl Node aNM MV do Ml'IIHVI'T OLLvof1SO ON aSOd)%'nVHS aaLLON HDIIS 'IIVYZ oZ Zar' IIV3 J.IIH 'aal o L aal�Iv N xaa�ox al vorari>3ao O L aoI I oN NaJ.LroM SAva oI 'xvw xOnvBaxa IMNh ANVdN10o E)MMSSt Ma 'd03MM' 3Jva NollyMaG mil allodas a311HONv'J as s oriod cmw ima aAOaV glad. d0 AMV a7(100 S sax0ldW9 HOW -Rs S .LINU'l A�1"IOd-95 s ,cN9al�v SJlml A)lOI V.LS f 9SVD'9 S '9JW31i1[f1�0 s I sovWva OURUM s Allrl(NI AM (Uouw s . 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O ,0 a N _ CL o c? - CD N ?4 � 1• Wa o O N CA O Fo FCO's .. 13 z 0 C/) (n 2 y ro :x °= 0 aha H -x °= Od Csf CA b :7 w Oo r� ro M w n O� as '71 M C ^ 1 O p- p 7d Location y No. 0/7 Date f``f , Check # TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL $ i 17833 Building Inspector I 7-7-©7- � TOWN OF NORTH ANDOVER DUELDING DEPARTMENT APPLICATION TO CONSTRUCT REPAIR, RENOVATE, CHANGE THE USE OR OCCUPANCY OF, OR DEMOLISH ANY BUILDING OTHER THAN A ONE OR TWO FAMILY DWELLING :tC J. `z, a -N:. ,� � `f. ;4if k h'z •r v mss. NY.c9. x ,,This Sectien for Official sc OPJ- BUILDING PERMIT NUMBER: DATE ISSUED: SIGNATURE: ,• Building Commission ea(Irls or of BuildingsDate 'S 1.1 Property Address: 1.2 Assessors Map and Paroel Number: Map Number ParcetNumber 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Areas Frorrta e R 1.6 BLLTII.IDING SETBACKS (ft) Front Yard Side Yard Rear Yard Required Provide RNuired Provided R'red Provided 1.7 Water Supply M.GL.C.40. 54) 1.5. Flood Zone Information: 1.8 Sewerage Disposal System: Public ❑ Private 0 Zone Outside Flood Zone 0 Municipal On Site Disposal System 0 ( 1 x ] k { TS 5 s= `�r,.. ,ve.. ,T, ,•la r. .. .SR. '>'ftr'6 ,1°.. ,_"7.. Y ,! f3'f_ _}?„ .1 ner of Record /r %„ J1 lk .1,( Na e P Address for Service: 1 t r ature Tele one ,ADuthorized Agent Name Print Address for Service: ------ ---_— Signature Telephone -- 3.1 Licensed Construction Supervisor Not Applicable ❑ Address License Number Licensed Construction Supervisor: Expiration Date Signature Telephone 3.2 Registered Home Improvement Contractor Not Applicable ❑ Company Name' Registration Number hca 7' �---- -- .�...-- --�d ---------------•-- ----- Address �/J - Expiration Date (� Signajuxre Teleph n M M M z z M 90 0 M Irz G) as mer/Authorized Agent Hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and belief. Signed under the pains and penalties of perjury YTtt� e�►1 TFC✓ .��� ,E Print Name Signature of Owner/Agent Date 510 Item Estimated Cost (Dollars) to be Completed by applicant permit 1. Building is o (a) Building Permit Fee Multiplier 2 Electrical (b) Estimated Total Cost of Construction from (6) 3 Plumbing Building Permit fee (a) x (b)Q 4 Mechanical (HVAC) 5 Fire Protection 6 Total (.1+2+3+4+5) Check Number �: fth . f 5-� itk fir` ti r i 4a a�`p i` '� T }-t 2pL x� r A� v ski x f� t�'�.v. �. - r.. ��#h'��tik t f '4y'-1 h "'t ?7 y, y�l Y1 J)i f �.• 4 i ti',Y J li # ;tt k sj? x `�!-.'�y t; S t y,,, .. f .Ss { k t,i NO. OF STORIES SIZE BASEMENT OR SLAB SIZE OF FLOOR TIMBERS 1 sr 2ND 3RD SPAN DEMENSIONS OF SILLS DEMENSIONS OF POSTS DIMENSIONS OF GIRDERS HEIGHT OF FOUNDATION THICKNESS SIZE OF FOOTING X MATERIAL OF CHIMNEY IS BUILDING ON SOLID OR FILLED LAND IS BUILDING CONNECTED TO NATURAL GAS LINE 7777 LLL Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Si¢ned affidavit Attached Yea .......❑ No ....... ❑ S.1 Registered Architect: Name: Address Signature Telephone I Area of Responsibility Registration Number Expiration Date Name: Address: Signature Total Not applicable ❑ Registration Number Expiration Date Name: Address Signature Telephone Area of Responsibility Registration Number Expiration Date Name Address Signature Telephone I Area of Responsibility Registration Number Expiration Date Name Address Signature Telephone /7 J f-� 6 a �j +r 6% Not Applicable ❑ Company Name: e r f- ) 1? 19 Responsible in Charge of Construction New Construction ❑ Existing Building ❑ Repair(s) Alterations(s) ❑ Addition ❑ Accessory Bldg. ❑ Demolition ❑ Other ❑ Specify Brief Description of Proposed Work: L L,.- -r2 w 0 0 B Business ❑ 2A 2B 2C .....__..... USE GROUP Check as applicable) CONSTRUCTION TYPE A Assembly ❑ A-1 ❑ A-2 ❑ A-3 ❑ AA ❑ A-5 ❑ lA 113 0 0 B Business ❑ 2A 2B 2C 0 ❑ 0 C Educational ❑ F Factory ❑ F-1 ❑ F-2 ❑ H High Hazard 0 3A 3B 0 ❑ IInstitutional ❑. 1-1 ❑ I-2 ❑ I-3 ❑ M Mercantile ❑ 4 0 R residential ❑ R-1 ❑ R-2 ❑ R-3 ❑ 5A 5B 0 0 S Storage ❑ S-1 ❑ S-2 ❑ U Utility ❑ M Mixed Use 0 S Special Use ❑ Specify: Specify: Specify: COMPLETE TIIRS SECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS, ADDITIONS AND OR CHANGE IN USE Existing Use Group: Existing Hazard Index 780 CMR 34: Proposed Use Group: Proposed Hazard Index 780 CMR 34: BUILDING AREA EXISTING if a livable PROPOSED Number of Floors or Stories Include Basement levels Floor Area pq Floor s Total Area s Total Height ft Independent Structural Engineering Structural Peer Review Required Yes ❑ No ❑ SECTION 10a Owner Authorization - TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT i, Hereby authorize Owner of the subject property My behalf, in all matters relative two work authorized by this building permit application Signature of Omer Date to act on The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations Boston, Mass. 02111 1 Workers' Compensation Insurance Affidavit Name Please Print Name: Location: City Phone # 0 1 am a homeowner performing all work myself. I am a sole proprietor and have no one working in any capacity I am an employer providing workers' compensation for my employees working on this job. Company name Address d City. /1,0 Phone#: Insurance. Co. C If % Cr9� !� i J v� V/Poiicv# Company name: Address City Phone #: Insurance Co. Policv # Failure to secure coverage as required under Section 25A or MGL 152 can lead to the imposition of criminal penalties of,a fine up to $1,500.00 and/or one years' imprisonment -as well -as _civil..penattiesin.theform ofa..STOP WORK_ORDER..and_a.fine.of_(.$1.0.0.0.0)..aiday against -me. I understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct. Signature /Print / A, -T1-0 Official use only do not write in this area to be completed by city or town official' .#.2%�4,C Y �9 // City or Town PermitiLicensing Building Dept ❑Check if immediate response is required ❑ Licensing Board ❑ Selectman's Office Contact person: Phone #: ❑ Health Department ❑ Other i JUL-08-04 14:40 From:MCCARTHY CO 5086587208 T-050 P•02/02 Job -421 pC0_W_ CERTIFICATE OF LIABILITYINSURANCE xUGrO i � pAO7�08 04' PRODUCER THIS CERTIFICATE IS 19SUED AS A MATTER OF INFORMATION C J McCarthy Ina Agency, Inc. ONLY AND CONFERS 141a RIGHTS UPON THE CERTIFICATE A IRub International Li*i ted Co HOLDER. THIS CER TIFI GATE DOES NOT AMEND, EXTEND OR 299 Sallardvale St I ALTER THE COVERAWi AFFORDED BY THE POLICIES BELOW. Wilmington NA 01887 PAone:978-657-5100 F3IC:978�638-9185 INSURED Mugfiord Enterp4sea, Inc. p.0. 9ox 4 bi:ea$i)nR MA 03.867 COVERAGES INSURERS AFFORDING r.DVERAGE INSURER A; National Orange Mutual INSURER B; INSURER C: INSURE: D' NAIL N THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIC0 IN;•ICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CI:F TIFh',ITE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED:BYTHE POLICIES DESCRIBED HEREIN IS SUWECT TO ALL THE TERMS, FXCLUE,ION<i AND CONDmONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAl' HAVE PEEN REDUGED 9Y PAID CLAIMS. IN" FGA MO �_liffaw DATE MIND[ LIMITS Q)_NFRAL I-IASILITY EACH OCCURRENCE 5 2 s 000 , 0 0 0 A X COMMFRCIALGFNERAI.LIAO'ILITY CLAIMS MADE X❑ OrCIJR MP187972 01/01/04 01/010'05 PREMISES Eaoccutenee $ S00,000 MED Exp (Any ode pMan) b 3.0,000 PERSONAL$ ADV INJURY $2,000,000 _ _ QFNERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS - COMFIOP AGG $4,000,000 POLICY El j LOC AUTOMOBILE Wall." ANY AUTO �^ COMBINED SINGLE LIMIT (Eae=1denl) 5 ALL OWNED AUTOS SCHEOULEDAUTOS BODILY INJURY (Perpelaon) i HIRED AUTOS NON -OWNED AUTOS p01}ILY INJURY S (Per accident) PROPERTY OAMAOC $ (Pet a4cidenl) —�..---. GARAGE WABLITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACG $ ANY AUTO - AUTO ONLY: AUG m "CFS$IUNBRCLLA LWOILITY OCCUR CLAIMS MADE EACH OCCURRENCE 8 AGGREGATE $ b S MPUCTIaLE g RETENTION S WORKI=R3 COMKNSATION AND EMPLOYERS' LIABILRY ANY PROPRIFTOR/PARTNER/6XGCUTIVp OFFICERIMEMBER EXCLUDED? WCI 87 $ 7 2 01/01/04 _ 01/01,105 I TORY LIMITS I ICUER E.L. EACH ACCIDENT $100000 E.L. DISEASE - EA EMPLOYEE $1.00000 If yyes, describe ender 8 ECIALPROVISIONSbelow E.L. DISEASE -POLICY LIMIT 5500000 OTHER DESCRIPYION OF OPERATIONS I LOCATIONS'! VEHICLES I FXCL11S10NS ADDED 13V ENDORSEMENT I SPECIAL PROVISIONS Septic tank service NO L TAIM North Andover Trinitarian congregatinal church 72 Elm St. Worth Andover CdA 01845 25 (2001100) CANCELLATION _ SHOULD ANY OF THE ADI?VE [i i SCRIOFO POLICIES BE CANCELLED BEFORE THE EXPIRATII DATE THEREOF, THE ISSI!ING ,ISURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFIC ATP •IOLOER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAL IMPOSE NO OBLIGATION OR I.I. LMITY OF ANY IWND UPON THE INSURER, RS AGENTS OR f':� �- -- N= � Asa« w�'�. •.. �itda *� BOARD pF BUILDING REGULATIONS License: CONSTRUCTION SURERVISOR t Num be6i26i 007330 I. BI�qZ3 K .It> Ires05/2rp05 Tr. no: 11235 CYRUS C jMUGF,sr M. I „ 412 FOSTER ST i.; N ANDOV-«,.� ER, MA �i Administrator North Andover Building Department Tel: 978-688-9545 DEBRIS DISPOSAL FORM In accordance with the provision of MGL c 40 S 54, a condition of Building Permit Number is that the debris resulting from this work shall be disposed of in a properly licensed solid waste disposal facility as defined by MGL c 11, S 150 A. The debris will be disposed of in: )I e/t w/�Si(" (Location of Facility) Signature of Permit Applicant 2'(2- f Date NOTE: Demolition permit from the Town of North Andover must be obtained for this project through the Office of the Building Inspector 1 H � c LIJ o CLO 2 S :,one a M o a O y c da u o u°, CO a v) p p z C w° t v U w a 00 �° w W 2 " w R�' w w G w r1i cn i o cf) H � c LIJ o CLO 2 ., i 1 �4 O C C 0 ■FE m CIO CL � _■+ Z � � �3 O c O L c O d CMQ ca c C Z 0 CL C.3 v3 c C C ■ C cc y S :,one M o O y c . p p Z O 1o t r Q 0 O. O O 6cm o o 'r mc� y R E 2; .mm Cc y cm �+ �A �,► Cc s Ob: y A C O y Ew o 4L rLcj m = -6 QI CM p C y L a,ct O o �+ C30 y p p m ~ Z Q d � � m C C •O = � O� mw3 o N m m h W .p. 0 C +_.. eq Z C F= C .a- c t� .0 Z O LOUC n 0ao� g C* S w .0 o� 2 O it 2 .2 CLs- Cc zo ., i 1 �4 O C C 0 ■FE m CIO CL � _■+ Z � � �3 O c O L c O d CMQ ca c C Z 0 CL C.3 v3 c C C ■ C cc y No 31-0 $ Date... 2 "o TOWN OF NORTH ANDOVER a ^i..•a !e O p PERMIT FOR WIRING o Vis: This certifies that ....... �-i 1 ........e C......J?.. �....`.:-........... has permission to perform Yt..'.1.5. U �� ..................................................................... wiring in the building of C?..r� !( t ....zll+ 1 T fs--/' at ................ ...............,............, Z. ,North Andover, Mas"s, Fee..U!..� Lic. No`l.!.... ...�...-*-r.. ��.`:...':... /�/' ELECTRICAL INSPECTOR Check # /�J WHITE: Applicant CANARY: Building Dept. PINK: Treasurer Official Use Permit No. ZnE C09MOXEALg9f OF 9I4ASSA0TVSEq S Department of (Publi Safety Occupancy & Fee Checked BOARD OF FIRE PREVENTION REGULATIONS 527 CMR 12:00 APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code 527 CMR 12:00 ����,�,���� (Please Print in ink or type all information) Date "�"'1-- Tc thApEor of W res: Town of North Andover The undersigned applies for a permit to perform the electrical work described below. Location (Street & Number / Owner or Tenant I Owner's Address Is this permit in conjunction with a building permil Purpose of Building G�I dL C Yes 0 7 No 0 (Check Appropriate Box) Existing Service Amps VOits New Service Amps Voits I Q� Number of Feeders and Ampacity Location and. Nature of Proposed Electrical Work Utility Authorization No. Overhead 0 Undgmd 0 No. of Meters Overhead 0 Undgmd 0 No. of Meters P J 04, it h lk 4- 00 0KeSte n 1 4' OTHER: INSURANCE COVERAGE. Pursuant to the requiremen6ts of Massachusetts General Laws I have a current Liability Insurance Policy including Completed Operations Coverage or its substantial equivalent YES = NO = have submitted valid proof of same to the Office YES , NO - If you have Q eked YES pies Min . ate th type of Coverage ,checking the appropriate box INSURANCE = BOND OTHER = (Please Specify) // 1 / �/4 /��U! USO (Expiration Date) Estimated Value of Electrical Work$ Work to Start Inspection Date Resquest FSigned IRM NAME under the Penalti rry: le v to C LIC. Licensee SP'e Signature / r A LIC. NO. Bus. Tel No. Address f Alt Tel. No. OWNER'S INSURANCE WAIVER: I am awaret the Licenses does not have the insurance coverage or its substantial equivalent as required by Massachusetts General Laws. And that my signature on thi ermit application waives this requirement. Owner Agent (Please Check one) Telephone No. PERMIT FEE $ O (Signature of Owner or Agent) Total No. of Lighting Outlets No. of Hot fuse No. of Transformers KVA No. of Lighting Fixtures Above 0 In 0 Swimming Pool grnd 0 grnd 0 Generators KVA No. of Emergency Lighting No. of Receptacles Outlets No. of Oil Burners Battery Units No. of Switch Outlets No of Gas Burners FIREALARMS No. of Zone No. of Detection and Total No. of Ranges No of Air Gond Tons Initiating Devices Heat Total Total No. ot Di sal No. Pumps Tons KW No. of Sounding Devices No./ of Self Contained No. f Dishwashers S ce/Area Heating KW Detection/Sounding Devices 0 Municipal 0 Other No. 4f Dryers Heating Devices KW Local Connection No. of No. of Low Voltage No. of Water Heaters KW Signs Bailases Wirin No. Hvdro Massage Tuds No. of Motors Total HP OTHER: INSURANCE COVERAGE. Pursuant to the requiremen6ts of Massachusetts General Laws I have a current Liability Insurance Policy including Completed Operations Coverage or its substantial equivalent YES = NO = have submitted valid proof of same to the Office YES , NO - If you have Q eked YES pies Min . ate th type of Coverage ,checking the appropriate box INSURANCE = BOND OTHER = (Please Specify) // 1 / �/4 /��U! USO (Expiration Date) Estimated Value of Electrical Work$ Work to Start Inspection Date Resquest FSigned IRM NAME under the Penalti rry: le v to C LIC. Licensee SP'e Signature / r A LIC. NO. Bus. Tel No. Address f Alt Tel. No. OWNER'S INSURANCE WAIVER: I am awaret the Licenses does not have the insurance coverage or its substantial equivalent as required by Massachusetts General Laws. And that my signature on thi ermit application waives this requirement. Owner Agent (Please Check one) Telephone No. PERMIT FEE $ O (Signature of Owner or Agent) Location `�/�✓��-- '^-� No. Date TOWN OF NORTH ANDOVER • :. Certificate of Occupancy $ s'•^°'; Building/Frame Permit Fee $ ACUS Foundation Permit Fee $ Other Permit Fee $Of --' TOTAL $ `'G Check #�a '77 2!653_ Building Insp(60r d I 00 � c H cc N CIN 0 b C o z A a H i� as L rA 4t .d � aoi cd sU U y c� = O co O O s~ O W^ J 0 O+ p cd Ute, el 0. U nu O O Q" �" si zU, .= U O ¢, O 14 to to � Q O O 0 o o C a� � a O A C O r�• 'u O �... 2 to 0 too. �� V Q �+ L% cUd o y .0cr 0 WO ca O 0s -M p, a � O c� 'Cto Iz. gyp,, �; eet 3 p O +' •� U «Y cn x a Cha Uv�AO in f�1 U V\ U o X7Aw DESIGNERS • BUILDERS • CONSULTANTS 37 ROCHAMBAULT ST., HAVERHILL, MA 01832 978-372-8849 R�,N.d 'TAR AN, AL c REGATRON ONG C7f---llTuRcTlln-lT UNFED CHURCH of CHMST Reverend Dr. Andrew M. Gil >» a » • PASTA A za.. -eT A6T- 1 NO V ®R J J i LJ C4 W 0 a i� a> =N :P, H� co rl J � a0� u 0 O a J CL CL H W IL V) I coo)E a ` �-C -130 rnN cL c U c0 -C Comc m -- �O 0 - �j 0o O C O N C L a) C o V/ aj 5- O O L i L -0 a) 6 N W CO j a) -5 A >� N L > E Q' a) a) cc " v-.- N -C -av a) -c N O '� co C _ N C f0 c0 O ,c ,v N b cp C E c O) N Q M AA W`` n c - In L c m o L ca 0 k C: E � o (D LL c0 L C ~- .` �, N O 'L a) U O O 3: p :C f0 -p >' C >+?' E w E (Dt'Ocn2E C c O a) cc O=_ �"' N }N[I �I C -C N C O Z C W O E04-- c0 CO L L (ZOO O (• Z "OO a) ^� j C +' CD O O' N N O _ CL Zm.CQOEa 2a)2r E v O c RT O c 0 L� L :3rn Fn Z m� c.oto Q N Q � W O �.. Z coi W " v CD W �_ a W � Z O Q a) (D J a) J N O > O "-' _ t0 a Z L C L O L _ �_ W C o O o c v _ H -lC L W L i V .•— L' a. r- o� �o a Q ca -0 a o LU a a cn CL (D � L o w L ca U Q c0 O a C c0 Cc N N Q. d L N a cD @ > O E E 2 O Q ++ ns (0 L C1._ _ ���a)_oo3a� Z /0 U N 0 Q Q O O C c0 0 =� (L6 � c N. m Z �n cn M a �a�c��cn�o } Q W J U. W Q 0 Z U) O 0 N N A2 Trinitarian Congregational Church (United Church of Christ) 72 Elm Street North Andover, Massachusetts 01845 Office: 978-686-4445 Website: www.natrinitarian.org E-mail: offices@natrinitarian org To all concerned: Trinitarian Congregational Church, located at 72 Elm Street is requesting permission to install two (2) informational signs. These signs would be located on Main Street approximately as indicated by the attached drawing. One sign. would be on either side of the street facing against the flow of traffic so as to provide maximum visibility for occupants of the oncoming vehicles. � N — ciw$ sr W MAI 14 Sl^ � �� Sn,d�►s % u Please advise us of any further information or presentation required. 1 can be reached at 978-686-2167 or a message can be left in the church office at 978-686-4445. Thank you for your consideration. Sinc f 1 , , anton R. Boothby Board of Trustees Trinitarian Congregational Church 72 Elm Street North Andover, MA 01845 Rev. Dr. Andrew M. Gilman, Senior Pastor t% R C & -Ns 4& QA t6a y-� o� 41U MA CHURCH TAKE LEFT -ONTO ELM STREET 32" 0 iJH7i�`n Zoning Bylaw Review Form Ma /Lot: �} f Town Of North Andover Building Department " 4O4�n° J".9 27 Charles St. North Andover, MA. 01845 `rS"`HUSk{ Phone 978-688-9545 Fax 978-688-9542 Street: q £ 1111 S Ma /Lot: �} f Applicant: TR I Nl7'd Ri a A-2 C "t. Request: ,2 — 18' x 3-1 ' v l4'' - PI,e rh , s e s s N $ CG/le- IaVA Date: 6 —eZ - p Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning —R - Remedy for the above is checked below. Item # Special Permits Planning Board Item # Item Notes Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient - Independent Elderly Housing Special Permit 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting e S 2 Frontage Complies Special permit for preexisting nonconforming 3 Lot Area Complies 3 Preexisting frontage y e s 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed y t s G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting y e t 2 Complies 4 Special Permit Required 3 Preexisting CBA e s 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height y e- s 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient l Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information t C s 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed `l e S 4 Insufficient Information 2 In Watershed d Sign 3 Lot prior to 10/24/94 1 Sign not allowed e S 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district 2 Parking Complies 3 Insufficient Information `j e S 3 Insufficient Information 4 Pre-existing Parking S Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance. Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special permit for preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new permit application form and begin the permitting process. '� jatb Glut.- 4 �08�0c-( � 1,,2 C/ Buil ing Department Official Signatuf,e Application ReceivedApplication Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: X.^ C 4 c y9'n n 1� k - � d,.# ���) ��, T��ffa� � ,.1X�� � �C.1 7\4 r�,dNT��W/yy��hJt�' �,,�� �4�15 yrb (�'"4vtY k �d�2 i"1��w�.i�♦���4'„+� 3 R'5`H"r` 4 i' � �941� Se cCR) Fmk ✓ All 4100 /3 to 5 fa - 'e S 7, o-�i�e� i 5 5 5�9 ^� S ,v L S/,1vs 41 /,V ,•v 3C%5/vp L d o.v C v/ / i/ CL /�'G i� O CR. 7� �P -7Lo /�1E�- II o1CCoMIr1d 4,V S cC)c�ivr %�/yes mN `{'h -.e A-17/ 5 r S S h a !� )0 a //0 w le 1444-74- ,? A,' Cies/A, T2 N I�IY /�CotJ7�� �o d�V eS7abL�$hIK aP N S .L �- f/ o Lv C atiC,� R/4.)Ta/ticCCat`4VA d 0 es)A 7` .,1,4 ,_j m n o .J r v no / eh / r an)1`�-CQ 14 ec/a� reritir/� ,6 �� L3,oand xi- � 5('C� 5� N s��// 6 V-�0/1/">/Y01vL (.o Ong 1 Le- soC C?"h �e Ulj J.v ice` eS t W / 1l N o - e vO` a nom. ht7 �t L 5 A) Lu/l� `jam o Sv cls 5/a`� c, me 2 T'cun. ct. de 5 nl a s —47 11 )/ia,v 017�� YljGr �b�a/1J O N e. Cl� eS �a b ll�5 /l ht /� ,,I- ,I -d% d //.SUC n LY t C,414 0.1 % L � // / /0 CO n o d4 E? I j`;, A) Y 0 95 r Nee 6 rv��u rti K L5 (CrVs a Nd, eQ 5GD LP-ef-- f 0f--CL� Referred To: Fire Police Conservation Planning Other Health Zoninq Board uepartment of Public Works Historical Commission Building Department N APR 06,2007 10:39 Susan Elliott 9782586711 Page 2 R. J. Saleynnie Plainbinq A Ifeadiig 50 HoxfordShvel North Andover; i4a. 0184.1 978-686-0820 BILL TO Trinitarian 0wr(-.-h 7-7 LII Street Xorfh.2,1w1ovey-,.iWa. 01845 Change rj Total Mat Labor .5 1, In voice q P n'5410POWIU111171179 (Y. MU1111(l Total DATE INVOICE # 312-712007 8099 q P n'5410POWIU111171179 (Y. MU1111(l Total APR 06,2007 10:39 Susan Elliott 9782586711 Page 1 R. •;., sliCm%B e i.r:..di'k6P1a1'.;:; •i4 50 Boxford kreex ,"Vorth Andovt-1l, Ala, 01847 978.686-0820 BILL TO Trinitarkin (.-'hurch i? Elm Street North Andover, Xlet, 01845 DESCRIPTION Cap uff'open piping under the kitch on loon. Tulin Materials Service Call Invoici? 'i i?Ai"Iw PN11d310E # / CNi,�eyef n 011knihillf, X 11,pathin ! Total AMOUNT 21.55 90.00 1111.55 Century Preschool Century Preschool Page 1 of 1 Century Preschool is maintained for the purpose of providing a state -licensed program of preschool education for children of the community. It serves children between 2 years, 9 months and 5 years old. The Century Preschool is administered under policies adopted by the Trinitarian Congregational Church. It operates on a non-profit, non- sectarian basis and is open to any child without regard to race, religion, sex, disability or national origin. As a business, Century Preschool is an equal opportunity employer. The Century Preschool opens registrations to the Trinitarian church members one week before opening registration to the general public. Church member families receive a monthly discount on tuition. Century offer esof various sizes and ages. We welcome the opportunity to meet with new parents, sho m around our facilities and lett a ee P s fiooT I ion". For more information or a brochure, please call rs. Pamela Rasetta, the Preschool Directo (978) 686-3535.'y Trinitarian Congregational Church 172 Elm Street, North Andover, MA Tel. :1-978-686-4445 ( Office ours: 9 -Noon 0 Trinitarian Congregational Church of North Andover. All rights reserved. For comments on this site, please e-mail Webmaster Designed and Maintained by Sampson Consulting http://www.natrinitarian.org/cps.htm 4/2/2007 Trinitarian Congregational Church Church Leaders Rev. Dr. Andrew Gilman, Senior Pastor (Private email: minister@natrinitarian.org) Linda Schoonmaker, Church School Superintendent Anne Webster and Kristen Hollenbeck, Youth Leaders Rev. Herbert Schumm, Pastor Emeritus Kim O'Connell, Junior Choir Director & Senior Choir Director Deborah Brown, Organist Bev Valle, Handbell Choir Director Mary Wolfe, Administrative Secretary Doug Beach, Sexton David Deems, Moderator Page 1 of 1 Welcome! Please join us for 10 a.m. worship, fellowship, and Sunday Child care available In General We are a mainstream Protestant congregation in tradition. We are open to today's questions and re traditions of our faith. In More Depth Click on these links for additional information: O Upcomin Events 0 Sunday School and Youth Progran 0 Last week's sermon 0 Century Pre-school 0 Boy Scout Troop_ 81 0 Trinitarian Neig borhood Theater Trinitarian Congregational Church 172 Elm Street, North Andover, MA I Tel. 1-978-686-4445 ( Office H( Noon 02000 Trinitarian Congregational Church of North Andover. All rights reserved. For comments on this site, please e-mail Webmaster Designed and Maintained by Sampson Consulting http://www.natrinitarian.org/home2.htm 4/2/2007 v �t�ED .6 1 40 'N O 0 V 1 a � AC U '1- A BUILDING DEPARTMENT Community Development Division December 3, 2008 Planning Board Town of North Andover 1600 Osgood Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 RE: Proposed Wireless Service Facility of Metro PCS Massachusetts LLC Trinitarian Congregational Church of North Andover 70 Elm Street North Andover, MA Dear Members of the Planning Board: I have reviewed the Wireless Service Facilities Section 8.9.3(c)(v)(1) of the Zoning Bylaw of the Town of North Andover, which reads in part: ...n A minimum setback of 600 feet shall be r equireu for all wirelessdevices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types," The aforementioned Section does not apply to the proposed installation at the Trinitarian Congregational Church of North Andover, as the proposed antennas will be installed within the existing church spire. Furthermore, Section 8.9.3(c)(v)(2) reads in part: ... "in the event that a preexistent structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexistent non -conforming structures, wireless service facilities and their equipment shelters shall not increase any non -conformity." Therefore, I am of the opinion that the Applicant does not need to petition the North Andover Zoning Board of Appeals for a variance under Section 8.9.3(c)(v)(1). Sincerely, Gerald A. Brown, Inspector of Buildings/Zoning Enforcement Officer cc: Mark Rees, Town Manager Curt Bellevance, Community Development Director iftdith M. Tymon, Town Planner Thomas J. Urbelis, Town Counsel 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Mossochusetts 01845 A4.nnc 07A ARA Q;Aq P— 07R ARR QS97 Wcti iaiww fmunnfn�rftinnrin var rnm 7 e ll, -)2 -S-'�-- tone--&— URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THONIAS J. URBELIS e-mail tju@uf-law.com May 2, 2011 North Andover Planning Board Town. of North Andover 1600 Osgood Street North Andover, MA 01845 Zoning Board of Appeals Town of North Andover 1600 Osgood Street North Andover, MA 01845 - RE: Fournier et al. v. North Andover Planning Board et al - Superior Court No. 2009-559-C MetroPCS v. Lizetta Fennessy — Land Court No. 09 Misc. 413762 Dear Members: Telephone 978-475-4552 Telephone 617-338-2200 Telecopier 617-338-0122 Enclosed is a notice from the Supreme Judicial Court that further appellate review in the two above referenced cases has been denied. The cases relate to the installation of a wireless communication facility at the Trinitarian Congregational Church on Elm Street. The Planning Board and Zoning Board of Appeals decisions were upheld by the trial court and the Appeals Court and the Supreme Judicial Court's denial of further appellate review concludes both litigations. w:\wp51\work\n-andove\conTesp\planning board-zba.ltr.doc URBELIS & FIELDSTEEL, LLP May 2, 2011 Page 2 Please call if you have any questions. Very truly yours, Thomas J. r elis TJU:saf Enclosure cc: Board of Selectmen (w/enc.) Mark Rees (w/enc.) Curt Bellevance (w/enc.) Joyce Bradshaw (w/enc.) Judy Tyman (w/enc.) Charles Salisbury (w/enc.) Gerald Brown (w/enc.) Raymond Santilli (w/enc.) Thomas J. Urbelis From: SJC Full Court Clerk <SJCCommClerk@sjc.state. ma. us> Sent: Friday, April 29, 20114:00 PM To: Thomas J. Urbelis Subject: FAR -19626 -Notice: FAR denied Supreme Judicial Court for the Commonwealth of Massachusetts John Adams Courthouse One Pemberton Square, Suite 1400, Boston, Massachusetts 02108-1724 Telephone 617-557-1020, Fax 617-557-1145 RE: Docket No. FAR -19626 MARTHEA FOURNIER & others vs. PLANNING BOARD OF NORTH ANDOVER & others (and a companion case). Land Court No. 09MISC413762 A.C. No. 2010-P-0388 NOTICE OF DENIAL OF F.A.R. APPLICATION Please take note that on 04/27%2011, the above- captioned Application for Further Appellate Review was denied. The Motion for Attorney Fees and Costs is denied. Susan Mellen, Clerk Dated: April 27, 2011 To: Peter B. Morin, Esquire Edward J. Collins, Esquire Thomas J. Urbelis, Esquire This e-mail notice is being sent to you as part of a pilot program being conducted by the SJC Full Court Clerk's office. Under the program, notices will be sent by e-mail to those whose e-mail addresses have been provided to the Clerk's office. During the pilot program, a copy of the notice will also be sent to you by regular mail. If you have any comments about this e-mail notification, please let us know. If you would prefer not to receive such e-mail notices, please notify us at the above e-mail address. Thank you. = The Commonwealth of Massachusetts Executive Office of Health and Human Services ' Department of Public Health Radiation Control Program 174 Portland Street, 5t" Floor, Boston, MA 02114 ARGEO PAUL CELLUCCI (617) 727-6214 (617) 727-2098 - Fax GOVERNOR JANE SWIFT LIEUTENANT GOVERNOR WILLIAM D. O'LEARY SECRETARY HOWARD K. KOH, MD, MPH COMMESDNER December 18, 2000 Dean Velardoccia Nextel Communications of the Mid -Atlantic 40 Hartwell Avenue Lexington, MA 02173 Re: Personal Communication Services Dear Mr. Velardoccia: Pursuant to your notification of November 10, 2000, this is.to advise you that approval, under the provisions of 105 CMR 122.021 has been granted to maintain the Personal Communication Services facility located at 72 Elm Street in North Andover, Massachusetts. Should you have any questions, please contact Robert T. Watkins at (617) 727-6214. Sincerely, Robert M. Hallisey, Director Radiation Control Program cc: North Andover Board of Health RMH/RTW1jo DEC 2 2 - Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Cbaiman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk eF NORTM qH �TLaD �6 Joseph D. LaGrasse s`? e`..;� "•'a �� Richard M. vaillancourt o y Associate Members * ,� Thomas D. Ippolito e Daniel S. Braese, Esq. 't,4"�,,��o ,.�" �5 Michael P. Liporto �SSACNusEt Legal Notice North Andover, Board of Appeals P 'ECEIVFD _ ,; na 0��]t 2009 JUN -2 AM 9: 38 ffJl�ilt Gr uo.R T H Afi'1JOVER MASSACHUSIM' Town Clerk Time , tamp Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing in the High School Lecture Hall, 430 Osgood Street, North Andover, MA on Thursday the 18th of June, 2009 at 7:30 PM to all parties interested in the application of Lizetta M. Fennessy, 77 Elm Street, for premises at: Trinitarian Congregational Church, 70 Elm Street (Map 42, Parcel 2), North Andover, MA requesting a Finding as a Party Aggrieved of the Inspector of Buildings under Section 8.9.3(c)(v) of the Zoning Bylaw as petitioner seeks to reverse and vacate Building Permit #628 granted on 5/18/09 on the basis that no Variance was granted for the 600 foot setback. Said premise affected is property with frontage on the Northwest side of Elm Street within the R-4 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle -Tribune on June 3 & 10, 2009. rLegalnotice 2009-009. 10- ci6 M42P2. oL=m�6,00 °C.- �ao� cm,WZ" `�> rnCmI,ZmOjN300 �Om >m°c1 4a,mmmo01 'ryj m1_.o.lO.QL1 � mQmymZC W=0N- -r= -j 0o7O>OmwV) W toC.�V O>O m�V m ! W Tap O°CLm9 I6`^m .-0J�U__ °` Cc..LR o LLOOOis cCQQmO E O C�L_ D =Lv��-4rn ocmr?ZZZQf C) =U rnN mw Qoma° c ��mmt°a00.g C4 m�m00� °�mn o/oy'Ni FNOUmm�01ZhnNrUm° ID C;! ¢L°'c CD a a m= �CnA -2 Cl) ODO LL = Z LU o.¢0oQZ OZ"CQ,o�6O=�� occo>oNC H� 0.o.t�fAH+U1Nmm�S. O m0LOOWdm.m[O Lv�Mlo0 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com Town of North Andover OF OORTN q Office of the Planning Department Ty,�Eo Community Development and Services Division d' Bldg. ZBA 1600 Osgood Street �, P Bldg. 20, Suite 2-36, Planning Dept. Con/Com Health '�sSq�N�jSE<{h Fire Chief Police Chief North Andover, Massachusetts 01845 Town Clerk DPW/Engineers hgp://www.townofnorthandover.com Planning "Surrounding Towns" P (978) 688-9535 P (978) 688-9542 TO THE LAWRENCE EAGLE .TRIBUNE CD LU C" Cf) L- nn' O L: � z a 0 LEGAL AD FOR PUBLICATION TUESDAY, NOVEMBER 11, & 18, 2008 CLIPPINGS TO BE MAILED TO THE PLANNING DEPARTMENT AS ADDRESSED ABOVE TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OF, PUBLIC. HEARING, TUESDAY, DECEMBER 2, 2008. In accordance with the provisions of M.G.L. Chapter 40-A, Section 11, the North Andover Planning Board will hold a public hearing as follows: All interested persons may appear and be heard. Persons needing special accommodations and / or those interested in viewing the application materials should contact the North Andover Planning Department at (978) 688-9535. John Simons, Chairman »6*a OL ' h T BUILDING DEPARTMENT Community Development Division April 14, 2010 Mr. Stanton R. Boothby 162 Stonecleave Road North Andover, MA 01845 RE: Request for Enforcement Signs Near Trinitarian Congregational Church Dear Mr. Boothby: This is in response to your request that I take action under the Town of North Andover Zoning Bylaw to require removal of certain signs on private property in the area of the Trinitarian Congregational Church. Those signs state "Money Over Morals," apparently with reference to the wireless service facility located in the church steeple in accordance with a special permit from the North Andover Planning Board. That special permit is the subject of ongoing litigation. In the circumstances here, it is my opinion that no enforcement action to remove the signs is warranted for the following reasons: 1. Signs are regulated by Section 6 of the Town of North Andover Zoning Bylaw. The signs which you referenced in the area of the Trinitarian Congregational Church are, in my opinion, classified as Temporary Signs, regulated by Section 6.63 of the Bylaw. More particularly, the signs are signs related to "non-commercial issues," regulated by Section 6.6.B.7: "7. Unless otherwise specified in this Bylaw, temporary signs pertaining to other non-commercial issues shall require no sign permit and shall be allowed in all zoning districts. Such signs shall be subject to the limitations set forth in subsection (5)(a) -(e) above." Subsection 5 provides as follows: "5. Temporary signs pertaining to a candidate or ballot question appearing on the ballot of an election duly called in the Town of North Andover shall require no sign permit and shall be allowed in all zoning districts. Such signs permitted by this Bylaw: (a) shall only be permitted on private property; (b) shall not exceed six (6) square feet in area per sign and shall not exceed in aggregate twenty-four (24) square feet in area per lot; (c) shall not be higher than three (3) feet above ground level; (d) shall be stationary and shall not be illuminated." (NOTE: There is no subsection (e)) The signs appear to be in compliance with Subsection 5(a) -(d) in all respects. 2. Another aspect of those signs which leads me to deny your request is that, in the circumstances here, the bylaw affords the same treatment to these temporary signs pertaining to "non-commercial issues" as to temporary signs pertaining to a candidate or ballot question. In that regard, it should be noted that the Massachusetts Attorney General, in reviewing local bylaws, has disapproved bylaws which place time restrictions on political signs for the reason that such restrictions violate the constitutional protections given to political signs under both the First Amendment of the United States Constitution and Article 16 of the Massachusetts Declaration of Rights. 3. Furthermore, the issue of the wireless facility in this church steeple has been the subject of much discussion in public meetings, newspaper reports, letters to the editor, as well as more than one well publicized lawsuit. The federal courts have recognized the constitutional protections afforded to residential signs that express views on controversial issues affecting the community. In City. of Ladue v. Gilleo, 512 U.S. 43 (1994), the Supreme Court of the United States articulated this protection as follows, in declaring unconstitutional the City's ordinance prohibiting certain residential signs: "...Ladue has almost completely foreclosed a venerable means of communication that is both unique and important. It has totally foreclosed that medium to political, religious or personal messages. Signs that react to a local happening or express a view on a controversial issue both reflect and animate change in the life 2 it of a community. Often placed on lawns or in windows, residential signs play an important part in political campaigns, during which they are displayed to signal the resident's support for particular candidates, parties, or causes. They may not afford the same opportunities for conveying complex ideas as do other media, but residential signs have long been an important and distinct medium of expression." City of Ladue, supra, at 54-55. (emphasis supplied) For these reasons, I am of the opinion that the residential signs on private property in the vicinity of the Trinitarian Congregational Church are signs related to controversial "non- commercial issues" that are afforded the protections in Section 6.6.B.7. As such, it is my opinion that the signs are in compliance with the bylaw and applicable case law and no enforcement action to remove the signs is warranted. Please be advised that this determination may be appealed to the Zoning Board of Appeals in accordance with Chapter 40A of the Massachusetts General Laws. Very truly yours, Gerald Brown Building Commissioner cc: Mark Rees Curt Bellavance 1600 Osgood Street, Suite 2-36 North Andover, Massachusetts 01845 Phone 978.688.9545 Fox 978.688.9542 Web www.townofnorthandover.com 3 Hudson D Design Groupuc July 21, 2009 Building Inspector Town of N. Andover 1600 Osgood Street N. Andover, MA 01845 Re: Wireless Telecommunication Site for METROPCS Site # BOS0380C 70 Elm Street N. Andover, MA Dear Sir: Representatives of Hudson Design Group LLC performed inspections during the construction of the MetroPCS telecommunications facility at the above -referenced address. The Final Inspection had been conducted on July 21, 2009. Our inspection was limited to the METROPCS equipment and antenna installation. Based on my knowledge, information and belief the completed construction substantially conforms to the approved plans, Massachusetts State Building Code (latest edition), Structural Standards for Steel Antenna Towers and Antenna Supporting Structures (ANSI/TIA/EIA-222-F) and the equipment manufacture's installation guidelines: 1. Final Construction Drawings dated 04-14-2009, prepared by Hudson Design Group LLC. All deviations from the approved plans do not endanger the intended occupancy of the facility and equipment substitutions are approved as equivalent to the original specifications. Construction has been satisfactorily completed. If you have any questions, comments or need further information, please do not hesitate to 1600 Osgood Street Building 20 North Suite 2-101 p: 978.557.5553 f: 978.336.5586 a: 1600 Osgood Sheet, Building 20 North, Suite 2-101, N. Andover, MA 01845 URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS I URBELIS e-mail tju@uf-law.com August 16, 2013 Zoning Board of Appeals Town of North Andover 1600 Osgood Street North Andover, MA 01845 Telephone 978-475-4552 Telephone 617-338-2200 Telecopier 617-338-0122 AUG 19 2013 BOARD OF APPEALS RE: Marthea Fournier, et al. v. North Andover Planning Board, et al. Superior Court No. 12-1130-B Dear Members: The plaintiffs in this Superior Court case appealed the Planning Board's renewal of a special permit for a wireless communication facility within the steeple of the Trinitarian Congregational Church on Elm Street. I filed a Motion and Memorandum of Law for Summary Judgment requesting dismissal. Enclosed for your information are the Superior Court's Summary Judgment and Memorandum dismissing the case. The plaintiffs have thirty days within which to file a Notice of Appeal to the Massachusetts Appeals Court. As always, please call if you have any questions. Very truly yours, Thomas J. belis TJU/saf Enclosure w:\wp5I\work\n-andove\comesp\zoning board.fourniendocx r COMAIONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIL ACTION NO. 12-01130 ANDREW FOURNIER & others' VS. JOHN SIMONS, in his official capacity,' & others'. MEMORANDUM OF DECISION AND ORDER ON , DEFENDANTS'MOTIONS FOR SUMMARY JUDGMENT The plaintiffs Andrew Fournier, Mark Depolito, Liz Fennessy, Dagmar Schnellinger, Lauretta E. Wentworth, and Marthea Fournier (collectively, "Plaintiffs"), residents of the Town of North Andover ("Town"), commenced this action .under G.L. c. 40A, § 17, to challenge the decision of the Town's Planning Board to renew the Wireless Special Permit of defendant MetroPCS Massachusetts', LLC ("MetroPCS"). The Wireless Special Permit allows MetroPCS to install antennas inside the steeple of the defendant Trinitarian Congregational Church of North Andover ("Church"); the antennas are not visible from outside of the Church. .This case is before the court on the Planning Board's and MetroPCS' motions for summary judgment. _ The Plaintiffs did not file a written opposition but appeared at oral argument to oppose the two motions. For the following reasons, the Planning Board's and MetroPCS' motions for summary judgment are ALLOWED. 'Mark Depolito, Liz Fennessy, Dagmar Schnellinger, Laurette E. Wentworth, and Marthea Fournier 'Asa member of the Planning Board of the Town of North Andover, Massachusetts 'Michael Colantorii; Dave Kellogg, and Richard Rowen, in their official capacities as members of the Planning Board of the Town of North Andover, Massachusetts; Trinitarian Congregational .Church of North Andover; and MetroPCS Massachusetts, LLC BACKGROUND As an initial matter, the court notes that the Planning Board and MetroPCS (collectively, "Defendants") have complied with their obligation under Superior Court Rule 9A, in that their motions for summary judgment are "accompanied by a statement of the material facts as to which [they, as the moving parties,] contend[] there is no genuine issue to be tried, set forth in consecutively numbered paragraphs, with page or paragraph references to supporting" documents from the summary judgment record. Superior Court Rule 9A(b)(5)(i). Conversely, the Plaintiffs have not complied with their reciprocal obligation of responding to the Defendants' statement of material facts in the same document. Superior Court Rule 9A(b)(5)(ii).4 'Under these circumstances, Rule 9A(b)(5)(ii) permits the court to deem the Defendants' statements of fact as . . admitted; which this court does, insofar as the summary judgment record supports the assertions. See Godfrev v. Globe Newspaper Co., Inc., 457 Mass. 1:13,12:1(2010); Sullivan v. Liberty Mut. Ins. Co., 444 Mass. 34, 46 11. 18 (2005); Dziamba v. Warner & Stackpole LLP, 56 Mass. App. Ct. 397)'399-401 (2002). . 1. 2009 Decision and Appeals The Planning Board held a series of hearings in December 2008 through March 2009 on the defendant MetroPCS' first petition for a Wireless Special Permit for "the installation .of a Wireless Facility on an existing structure...." Exhibit A. In that petition, MetroPCS sought "to install 6. panel antennas within the [C]hurch steeple at a centerline height of 80 ft. The antennas will be connected via co -axial cable to three equipment cabinets to be located in the basement of 4Superior Court Rule 9A has been amended since the Defendants filed their summary judgment motion, but the Plaintiffs have not complied with their obligations under, either version of the rule. 2 the [C]hurch building, within the Residential4 District." Id. In a decision dated March 3, 2009, and entered in the Town Clerk's Office on March 5, 2009, the Plaiuling Board approved the Wireless Special Permit ("2009. Board Decision"). Id. In the 2009 Board Decision, the Planning Board found that MetroPCS had satisfied its filing requirements and_met its burden under Zoning Bylaw, § 8.9,5 of demonstrating that a significant gap in .coverage existed and that no alternative sites were available or technically feasible to close. that gap. 'Id. The Planning Board approved MetroPCS's petition subject to a series of conditions.6 Five Town residents appealed the 2009 .Board Decision by seeking judicial review in the Superior Court under G.L. c. 40A, § 17 ("2009 Action"). The Town residents were Marthea Fournier, Lizetta Fennessy, Aaron Pertus, Dagmar Schnellinger, and Laurette Wentworth ("2009 Plaintiffs"). The 2009 Plaintiffs named as defendants the same Defendants as in this current action, i.e., the Planning Board,' the Church, and MetroPCS., and asserted sixteen claims. The Defendants moved for summary judgment which this court (Murtagh, J.) allowed in a decision dated December 18, 2009 ("2009 Court Decision"). In the 2009 Court Decision, the courtnoted that the 2009 Plaintiffs asserted "nothing other thanthe minimum of 600. feet zoning setback provision [set forth in Zoning Bylaw, § 8.9.3(c)(v)(1)] requires a variance before a permit for the installation can issue" and "that they 'The Town's Zoning Bylaws are available at www.townofnoithandover.com/pages/nandoverma_zba/zoniiigbylaw.pdf (last visited July 22, 2013). Section 8.9, the bylaw governing Wireless Services Facilities, appears at pages 94 through *105 of that. document.. 6For the most part, the list of sixteen conditions. restate the provisions of § 8.9 of the . Zoning Bylaw. .,some of the members of the.Planning Board have changed since the 2009 Action. 3 were not defending on the basis of health concerns from the radio frequency transmission, also the aesthetics or decreased property values." Exhibit C, at 2 n.1, 5. As to the setback argument, the court held as follows: "The 600 minimum setback obligation was designed to protect public safety by providing a fall zone for wireless devices, antennas and their mounting structure. The. by-law was not addressing wireless devices or antennas installed into, not on, an existing Church building. There. is .no need for a fall zone. to protect adjacent. property or occupants or visitors to such property from the equipment located in the building or antenna located in the steeple of the existing church.. The by-law has not been violated and no variance was required. The setback. requirements for the building which houses the wireless equipment and antennas do not apply to an installation inside a building." Exhibit C, at 3-4. The court also applied the.Federal Telecommunications Act of 1996,47 U.S.C..§ .332(c)(7)(B), under which "`local zoning authorities must ensure that neither their general policies nor their individual decisions prohibit or have the effect of prohibiting the provision of personal wireless services.' ... Local zoning policies and decisions `that prevent the closing of significant gaps in the availability of wireless services' within the jurisdiction violate this provision of the Telecommunications Act." Exhibit C,.at 4 (emphasis and citations omitted). The court concluded that denying the special permit would violate the Telecommunications Act of 1996 where the Planning Board "could not take health effects or radio frequency emissions into account to require a 600 foot setback, ... there was a significant gap in coverage,... there were no alternative available. sites, and... there -was no threat of falling antennas or towers..:.:'.' Exhibit C, at 5. It was therefore. "clear under the undisputed'facts of this case and the governing law, [that] the Federal Telecommunications Act of 1996 compelled the North Andover Planning .. Board to grant the specialpermit." Id. 0 The 2009 Plaintiffs appealed the 2009 Court Decision to the Appeals Court;' MetroPCS filed a cross appeal on the basis that the 2009 Court Decision failed to address its.claim that the 2009 Plaintiffs lacked standing. In a decision dated February 11, 2011, the Appeals Court affirmed the 2009 Court Decision. Fournier v. Planning Board of N. Andover, 78 Mass. App. Ct. 1125, 2011 WL 382988, * 1 (2011). The Appeals Court held that "sole basis asserted for {the 2009 Plaintiffs'] purported standing was that the town by-law should be deemed to. apply to all wireless facilities,. and that, rather than the special permit granted, the by-law required that a variance be sought." Id. This argument was "an insufficient basis to confer standing on the [2009] plaintiffs as aggrieved parties[,]" id and the court held that "the .[2009] plaintiffs' appeal was foreclosed by lack of standing." Id. at * 1 n.4. The Appeals Court further held.that, "[g]iven [its] determination that the [2009] plaintiffs lack standing, [the court] [did not need to] . reach the variance versus .special permit question." Id. at * 1 n.5. "[E]ven if one were to construe the applicable by-law as requiring a variance,. [however,] the [D]efendants ultimately would still be entitled to install the wireless device and antenna under the Federal Telecommunications Act of 1996,47 U.S.C.- § 332(c)(7)(B). The [2009] plaintiffs [did] not mount any serious challenge to that conclusion." Id. (citation omitted). 'The 2009 Plaintiffs also appealed a Land Court decision;. the- Appeals Court considered the two appeals together even though they were not formally consolidated. Fournier v. Planning Board of N. Andover, 78 Mass. App. Ct. 1125; 2011 WL 382988, .* 1 (2011). The Land Court decision appears to have concerned the zoning board of appeals' issuance of a building permit to MetroPCS to install the antenna in the Church. Id. at *2; see MetroPCS Mass., LLC v.. Fennessey [sic], 09 MISC 413.762.(Mass. Land Court Dec. 29, 2009) (Piper, J.): According to the.Appeals Court, "[t]he zoning board of appeals ...,determined that the special permit was. proper in that the wireless tower installation posed no public safety issues, and that the setback limits required by a zoning by-law did not.apply within .the existing structure of the .[C]hurch steeple.." Fournier; 2011 WL 382988, at * 1. 5 The Supreme Judicial Court denied the 2009 :Plaintiffs' request for further appellate review.. Fournier v. Planning Bd. of N. Andover, 459 Mass. 1111 (April 27, 2011). 11 2012 Renewal Pursuant to Zoning Bylaw, § 8.9.12 and as expressly stated in the 2009 Board Decision, MetroPCS' special permit was only valid for three years; MetroPCS could renew the permit "under. the same criteria as the original special permits". as long as it did so "prior to the expiration .date of the original ... special permit." Zoning Bylaw, § 8.9.12(a); Exhibit. A. MetroPCS applied for renewal of its special permit on February 21, 2012, prior to the March 2012 expiration date of its original Wireless. Special Permit. The Planning Board held three . hearings between March 2012 and May 2012, and issued* its decision renewing MetroPCS' special permit on May 23, 2012 ("2012 Board Decision").'. The Planning Board made the following findings of fact in support.of its renewal of the special. permit: "a) The renewal application meets the filing requirements of the _Wireless Service Facilities By-law Section 8.9.12. The applicant has demonstrated that the proposed.wireless facility is in compliance with FCC regulations regarding Maximum Permissible Exposure (MPE) limits, as indicated by the reports provided by the applicant, dated November 30,.2011, authored. by SiteSafe. The conclusion stated in the reports is that the applicant's Wireless Facility installation, combined with the OmniPoint installation at the same facility, contributes.a maximum RF exposure of less than five percent of the current Federal permissible exposure guidelines. "b) The Site Compliance Report written by SiteSafe and submitted by the applicant was reviewed by the [T]own's consulting RF [i.e., `Radiofrequency'] engineer ... , In letters dated March 16, 2012 and March 31, 2012, [the engineer] stated that the measured levels of RF 'From the list of exhibits the Defendants provided, it appears that they intended to submit the 2012 Board Decision as Exhibit F. Exhibit F, however, is another copy of the 2009 Board Decision. The.2012 Board Decision is attached to the Plaintiffs' complaint, which the Defendants have reproduced, along with the attachment, as Exhibit G. 6 Emissions are within compliance lith FCC guidelines. «c) [T]he applicant submitted a Noise Study from Noise. Control Engineering, dated February 16, 20.12 and a structural assessment from Hudson Design Group, dated February 12, 2012. Both studies confirmed that the installation is in compliance with the [T]own's requirements under section 8.9 of the [Town's] . Bylaw. "d) The Federal Telecommunications Act of 1996 takes precedent over the [Town's] Zoning Bylaw. In the recent [2009 Court Decision] .. the. Plaintiffs' challenge. to [the. 2009 Board Decision] ... was on the basis of a 600 foot setback provision in the [Z]oning [B]ylaw, and in dismissing that case, the Court was clear that the 600 foot setback did not control because the Court found that`the Federal Telecommunications Act of 1996 ` this oard to grant the special p Compelled' (the Court's word) Bermit. Similarly; in the context of this particular application where the applicant has filed satisfactory current technical reports and otherwise filed sufficient information to the Board's satisfaction; if this Board were to deny the_special permit here the Board would, in the words of the Federal Telecommunications Act of 1.996, be taking actions that `prohibit or have the effect of prohibiting the provision of personal wireless services' and this Board has no intention of violating that federal law. "e Finally the Planning Board fmds that this project generally complies with the [Town's] .. Zoning Bylaw requirements as listed in 8.9 but requir es conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided ... [certain] conditions are met[.] 2012: Board Decision, at 2-3. The 20.12 Board Decision lists six conditions that are similar to so me of the conditions listed in the 2009 Board -Decision and essentially restate provisions of Zoning Bylaw, §.8.9. The Plaintiffs have appealed the 2012 Board Decision in this action currently before the court. In this complaint ("2012. Complaint"), the Plaintiffs are the 2009 Plaintiffs plus Andrew Fournier and Mark Depolito: Andrew Fournier has the same address as 2009 plaintiff Marthea Fournier; and Mark Depolito appears on the list of certified abutters and spoke at, at least, one public hearing regarding MetroPCS' original special permit application. DISCUSSION I. Res Judicata "`Res judicata' is the generic term for various doctrines by which a.judgment in one action has a binding effect in another. It comprises `claim preclusion'. and `issue preclusion. Heacock v. Heacock, 402 Mass. 21, 23 n.2 (1988), Carpenter v. CarrRenter, 73. Mass. App. Ct. -732, 738 (2009). Claim preclusion "`makes a valid,_ final judgment conclusive on the parties and their privies, and prevents relitigation of all. matters that were or could. have been adjudicated in that action[,] "'.while "issue preclusion prevents relitigation of an issue determined in an earlier action "' Kobrin v. Board of Registration in Medicine, 444 Mass.. 837; 843 (2005) (citation omitted) (emphasis added). To apply, both -doctrines require that the prior. action (1) ended with . a final judgment on the merits and (2) involved identical parties to - or parties in privity with — the parties in thepresent action. Id. The party invoking claim preclusion must also demonstrate "`identity of the cause of action,"' id.; the party invoking issue preclusion must also demonstrate that "the issue. decided in the prior adjudication [was] identical with the one presented in the action in question; and ... [that] the issue decided in the prior adjudication [was] essential to the judgment in the prior adjudication[.]" Alba v. Raytheon Co., 441 Mass. 836, 842 (2004). MetroPCS alleges. that claim preclusion and issue preclusion.10 foreclose this appeal of the 2012 Board Decision because the parties already litigated the same claims and issues in the 2009 Action with.respect to the 2009 Board Decision. The 2009 Action certainly ended with a final . ,it iswell-established that "[t]he judicial doctrine of issue preclusion[] [is] also known as collateral estoppel :..." Martin v. Ring, 401 Mass. 59, 60-61 (1987). 8. judgment on the merits, therefore Me -L oPCS has met the first element of both doctrines. The Plaintiffs argue that MetroPCS.cannot satisfy the second element of the doctrines, despite the fact that the 2009 Plaintiffs appear in the current action, because of the addition of two new plaintiffs in the current action. Andrew Fournier has the 'same address as 2009 plaintiff Marthea Fournier; Mark Depolito is an abutter and participated in at least one public hearing on the original special application. lication. For purposes of this decision, the court concludes that the 2009 Plaintiffs . p . re resented their interests in the 2009 Action; and, therefore, that the two new plaintiffs are in . P privity with the 2009 Plaintiffs. MetroPCS cannot satisfy the remaining elements of claim preclusion and issue. preclusion. The 2009 Action was an. appeal of the Planning Board's original grant of a wireless special permit; this action is an appeal of the Planning Board's grantof a reneu�al of MetroPCS' matters are therefore not identical. See, e.g.,' Restatement Wireless Special Permit. The two of Judgments § 24, illus. 9 (" A pays state. income taxes. for the years 1973 and 1974 and .(Second). state property erty tax for the year 1973. Each of these annual taxes is considered separate...."). The language of Zoning Bylaw, § 8.9.12(a) suggests that the Town intended for each renewal a lication to constitute a separate transaction. Tinder that provision, a special permit "may be Pp . renewed under the same criteria as the original special permit,? thereby requiring the permit= holder to participate in the application process anew.. Zoning Bylaw, § 8.9.12(a). More precluding purportedly aggrieved parties from seeking. judicial review of a special permit would render G.L. c. 40A, § 17, meaningless. The Defendants therefore cannot invoke res judicata in this case. This conclusion is not dispositive of the matter, however, be as discussed below, the Plaintiffs' appeal of the.2012 6 Board Decision fails on the merits. TI. Merits A. Standard of Review under G.L' c "An erson aggrieved by a decision of... any special permit granting authority • • •, YP or not previously a party to the proceeding, . • . may appeal to ... the superior court whetherp de artment in which the land concerned is situated ... by bringing an action within twenty days . p after the decision has been filed in the office of the. city or town clerk." G.L. c, 40A, § 17. The l filed their appeal under G.L. c. 40A, § 17." Judicial_ review under this statute plaintiffs timely all .evidence pertinent to the authority of the board or special requires that '[t]he court shall hear permit granting authority and determine. the facts, and, upon the facts as so determined, annul such decision if found to exceed the authority of such board or special permit granting authority d or make such other decree as justice and equity may require.1" Wend 's ®ld Fashione bur ers of N.Y. Inc. v. Boar_ Appeal of Billerica, 454 Mass. 374, 381 n.20 (2009) Ham � - it Defendants argue that the Plaintiffs do not have standing to seek judicial review. The to challenge a decision . a 'Person aggrieved' has standing Under G.L. c. 40A, §.17; only p 461 Mass. 692, 700 (2012); see 81 Sbooner Rd., LLC V. Zoning `Bd. of Appeals of Brookline,t:.473, 476 n.7. (1986) ("It is not Marra V. Board of Appeals of Barnstable,22 Mass. App . The fact that only one necessary for the judge to determine that all„of the plaintiff s had staridinagl from. the board's of the plaintiffs was an:aggrieved person. is sufficient to permit an app ecision.” . "A `person aggrieved' is one who suffers some infringement of his legal rights.' d ) laintiff claiming aggrievement must Of particular importance, the right or interest asserted 1�y a p81 S be one that [G.L. c. 40A] is intended to protect, either explicitly or implicitly." of more than er Rd., LLC; 46.1 Mass. at 700. Demonstrating .aggrievement requires a s gto minimal or slightly appreciable harm."' Id. (citation omitted). u b an adverse paers arerty enttled caria rebuttable presumption that they are aggrieved. per .:.. [ ] b offering evidence `warranting a finding challenge an abutter's presumption of standing*by . g that the parties have »>s without contrary to the presumed fact. Id. Thecourt assume Plaintiffs have cstanding to. seek judicial met their respective burdens, and that, therefore, review of the 2012 Board Decision. 10 (alteration in original) (citation omitted); see G:I . C. 40A, § 17 (setting out requirements for contents of complaint). This review "involves a `peculiar.' combination of de novo and deferential analyses." Wendy's Old Fashioned Hamburgers of N.Y., Inc., 454 Mass. at 381.. Specifically, "a judge iso give `no evidentiary weight' to the board's factual findings," but at the same time, "a judge must give `substantial deference' to a board's interpretation of its zoning bylaws and ordinances... [and] the decision of a board `cannot be disturbed unless it is based on a legally untenable ground' oris based on an `.unreasonable; whimsical, capricious or arbitrary' exercise of its judgment in applying land use regulation. to the facts as found by the judge." 'Id. at 381-382 (citations omitted). A court -that "decides the case on motions for summary:judgment engages. in no fact finding at all. Instead, the [court] looks at the record to determine whether there is any genuine 'issue of material fact and, if not, whether the evidence, viewed iri the light most favorable to the nonmoving party, shows that the moving party is entitled to judgment as a matter of law." Albahari v. Zoning_Bd. of Appeals of Brewster; 76 Mass. App. Ct. 245, 248-249 (2010) (footnote omitted): As noted above, there are no facts in dispute because the _court has deemed the facts as admitted. 12 12 In addition to failing to demonstrate a genuine issue of material fact, it is questionable that the Plaintiffs sustained their burden of setting forth "a short and plain statement of the -claim showing that [they] [are] entitled to relief' with respect to certain claims.. Mass. R. Civ. P. , 8(a)(1); see Ashcroft v: Iqbal, 556 U.S. 662, 677-678 (2009) (holding that, to survive -motion to .dismiss, plaintiffs complaint must plausibly suggest entitlement to relief); Iannacchino v. Ford Motor Co., 451 Mass. 623, 6357.636 (2008). 11: B. Analysis of the Plaintiffs' Claims The Plaintiffs make a number of allegations in the 2012 Complaint, none of which have any merit and require little discussion. 1. Dover Amendment 12 Board Decision violates G.L. c. 40A The Plaintiffs argue that the 20 9 § 3, the so-called "Dover Amendment" because providing commercial wireless service facilities. is nota religiously significant goal and providing wireless services is not the. Church's primary purpose. The Dover Amendment provides that "[n] o zoning ordinance or by-law shall .... prohibit, regulate or restrict, the use of land or structures for religious purposes provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and .determining yard sizes, lot area, setbacks, open space, parking and building coverage . requirements." G.L. c. 4.0A, § 3, par. 2. The 2012 Board Decision, insofar as it applies Zoning Bylaw; § 8.9, does not violate the Dover Amendment. The Church entered into a private agreement with MetroPCS that permits MetroPCS to install a wireless service facility inside the Church's steeple; the bylaw itself regulates MetroPCS' application for and maintenance of that wireless service facility. ' Even viewing Zoning Bylaw, :§ 8.,9.as indirectly regulating the Church's use of its land, that bylaw certainly qualifies as 'a "reasonable regulation[] concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements." G.L. c. 40A, § 3; para 2. The 2012 Board Decision therefore does not violate the Dover Amendment. 12 2. Setback - The Plaintiffs argue that the 201.2 Board Decision failed to take into consideration the 600 -foot setback requirement in Zoning Bylaw, § 8.9.3.(c)(v)(1). That provision states: "In order to ensure public safety, the minimum distance from the base of any ground -mounted wireless service facilityy to. any property line, shall be 2x the height of the facility/mount; including any antennas or other appurtenances. This setback is considered the fall zone'. A minimum setback of.600 feet shall be required for all wireless devices, antenna and their mounting structures, whether attached. to anew or existing structure, as measured from the adjacent property* line of properties which are either zoned for, or contain, residential and or education uses of any types." Zoning Bylaw, § 8,9.3(c)(v)(1) (emphasis added). The Plaintiffs contend that the Pl1. anning Board should have required MetroPCS to obtain a variance from this setback requirement.13 The reference to the "`fall .zone"' in the above -italicized sentence is significant as. it suggests that the purpose of the setback is to protect individuals and property from falling wireless devices, antennas, and mounting structures. Placing those items inside a building, however, eliminates that danger. The 600 -foot setback. requirement cannot reasonably apply to MetroPCS' antennas, and therefore it isnot arbitrary, capricious, or legally untenable for the to obtain a variance from the 600 -foot setback Planning Board not to have required MetroPCS requirement. See Wendy's Old Fashioned Hamburgers ANY Inc., 454 Mass. at 381-382. The Plaintiffs' challenge of the 2012 Board Decision on this basis therefore fails.. 3. Plaintiffs' Remaining Claims The remaining allegations in the Plaintiffs' complaint fail as well. First, there is no basis 13There is no evidence in the summary judgment record that the antennas inside the Church steeple are fewer than 600 feet from the adjacent property line, but the parties do not appear to dispute this fact. 13 to `ihe FlaiYitiffs' arguilieilt that MetroPCS failed to preserve the character and in of the 1(i) where the antennas are inside the. Church steeple Church pursuant o Zoning Bylaw, § 8.9.3 (b, , , and not visible from the Church's exterior. Second the Plaintiffs argues that MetroPCS has failed to carry its.burden of proving that there are no alternative preexistent structures on which to mount its antennas, and cites to Zoning iii . That provision; however; requires the applicant to "submit documentation 8.9.3 Bylaw, § (b)( ) Of g right the legal i ht to install and use the proposed facility mount at the time of application for a building permit.and/or Special Permit." Zoning Bylaw, § 8.9.3(b)(iii)•14 Listed in the 2012 gP Board Decision among the documentation submitted in support of MetroPCS' renewal is the "Roof -Top Communications Site Lease Agreement" which names the Church application . as less or and MetroPCS as lessee. MetroPCS has therefore complied with Zoning Bylaw, .§ 8.9.3(b)(iii), because. this lease establishes MetroPCS' "legal right" to install.its antennas inside the Church steeple... d the Plaintiffs' argument that MetroPCS failed to comply with the renewal Third, uirements of the Zoning Bylaw is without merit. By filing its application in February 2012; req with the requirement in Zoning Bylaw, § 8.9:12(a), that it seek renewal MetroPCS complied prior t o the March 2009 expiration of its original Wireless. Special Permit. The Plaintiffs also ------------ 8.9.3 )(z), which provides 1,The Plaintiffs may have intended to cite Zoning Bylaw, § xistro t structures, including that, ,[i]f feasible, wireless service facilities shall be located on preexistent but not limited to buildings , providing that.such installation preserves the character and ... The applicant shall have the burden of proving that there are no integrity of those structures. feasible preexistent structures upon which to locate." Itis unreasonable t in order o continue placing the same burden on an applicant that is renewing its sp p ld using the same location for its wireless service facility. See Wfen's'Ointended t Fashioned a:�laun ands of N y_Tnc , 454 Mass. at381-382. To the extent the Plaints this provision, it fails as well. 14 contend that the Planning Board failed to comply with its duty under Zoning Bylaw, § 8.9.12(a), to apply "the same criteria as the original special permit" when considering whether to renew a wireless special permit. The summary judgment record does not support this allegation. See supra n.12. Fourth, the Plaintiffs make the conclusory claim that the presence of MetroPCS' Wireless Services Facility has had a deleterious impact on the value of their properties. The express purpose of Zoning Bylaw, § 8.9, governing wireless service facilities, is "to minimize thevisual and environmental impacts as. well as any potential deleterious impact on property value, of wireless service facilities upon properties located within the Town or adjacent thereto." Zoning Bylaw, § 8.9.1(a). To achieve that purpose, "[n]o wireless service facility shall be placed, constructed or modified within the Town without first obtaining site plan approval from" the . .Planning Board. Id. Compliance with Zoning Bylaw, § 8.9, therefore preserves the value of the property located in the Town. As MetroPCS complied with the Zoning Bylaw, the Plaintiffs cannot claim that their, properties have decreased in value.15 Fifth, the Plaintiffs claim that the antennas in the Church steeple constitutes. a nuisance because it exposes the Plaintiffs to health risks,.fear, anxiety, and.anguish. The Plaintiffs have not identified. the particular health risks to -which they fear they have been exposed as a result of the presence of the antennas on the Church steeple, despite the fact that the antennas have been in "As this appeal concerns the renewal of MetroPCS' Wireless Special Permit, the Plaintiffs have had three years in which to document the alleged decrease in the., of their properties as a result of the presence of the antennas. in the Church steeple. 15 16 See e.., su ra n.15. This conclusory claire *herefore faiIs as wel l. See place for tluee years. g i rifra. n.17. Plaintiffs claim that the 2012 Board Decision establishes illegal spot zoning Finally, the • sin lin out an individual parcel for unique zoning treatment." D=d v. . Spot zoning "involves g g DJC_ gham LLC 440 Mass. 45, 49 n.9 (2003); see id. (noting that G.L.. c. 40A, § 4's "mandaten that all zoning requirements be `uniform] ' forecloses a municipality from succeed in a challenge to a.zoning enactment on the grounds of. engaging in spot zoning') "To tiffs must show that the affected parcel has been singled out for more spot zoning ... the plain t than surrounding land which is indistinguishable, thereby `producing, restrictive treatmen ob' ectives, zoning classifications that fail to treat like properties in a without rational planning J "' Andrews V. Amherst, 68 Mass. App. Ct. 365, 369 (2007). The Plaintiffs uniform manner. ___--- other property the Planning Board has treated differently from the Church have not identified an anning Board has treated differently from MetroP.CS. or another wireless services carrier the PI They have therefore failed to meet their burden. C. The Telecomrimwiications Act of 1996 Act of 1996 ("Act") "made. substantial changes to Federal The Telecommunications . . regulation of teleco mmunications in recognition of, and to facilitate the spread of; new technologies nationwide... Personal wireless services technology is among those the [Act] specifically addresses." Roberts v. Southwestern Bell Mobile S stems Inc., 429 Mass. 478, 479, 6 Decision does list among the documentation submitted in support of 1 The 2012 Board D ared by Noise Control se study, . dated February 16, 2012, prep the renewal application a "Noi Engineering, Inc." 2012 Board Decision, at 5... The Plaintiffs therefore cannot claim that they fear that Their health is at risk because of the noise from the antennas 16 480 (1999). "To facilitate the spread of this technology, and to promote transparency and accountability in local zoning decisions regarding permits for.[wireless service], providers, the [Act] imposes procedural and substantive obligations on local zoning authorities." Id. at 480, citing 47 U.S.C. § 332(c)(7). A local authority's denial of a request "to site such a [wireless service] facility must be `in writing and supported by substantial evidence contained in a written record.' Id. at 482, quoting 47 U.S.C. § 332(c)(7)(B)(iii); Kramer v. Zoning Bd. of Appeals of Somerville, 65 Mass. App. Ct. 186, 196 n.12 (2005) (noting that Act "prohibits municipalities from denying permission to construct wireless service facilities unless the denial is in writing and supported by substantial evidence"); see Sangiolo v. Board of Aldermen of Newton,. 57 Mass. App. Ct. 911, 914 (2003) (Rescript).(holding that, where "the permit reflects an appropriate exercise of local government's -statutory power over decisions regarding the placement, , construction, and madifrcation of personal wireless service facilities[,] "' the Act precludes denial of the application {quoting 47 U.S.C. § 332(c)(7)(A)))... "Congress enacted these standards to prevent local authorities from `mask[ing] hostility to wireless communications facilities with unreasoned denials.that rnake.only vague references to applicable.legal standards."' Roberts, .429 Mass. at 491 (alteration in original) (citation omitted). The Act "does. not preempt State and local authority with respect to any zoning and land.. uses pertaining to [wireless service] facilities, other than as delineated in [47 U.S.C.] § 332(c)(7)" and it does not preempt "de novo judicial review of all local zoning authority decisions pursuant to G.L..c. 40A'§ 17." Id. at 482. The Act does, however, prevent state and local governments from "regulat[ing] the placement, construction, and modification of personal . :wireless service facilities on the .basis of the environmental effects of radio frealuency emissions 17 A the facilities comply witli the [Federal Communication] Cormmission's to the extent than rP ; _ such emissions." 47 U.S.C. § 332(c)(7)(B)(iv)• "Any person adversely reg�alatons conJJrr _g ailure to act by a State or local government or any instrumentality thereof affected by an act or f ion for that is inconsistent with clause (iv) may petition the [Federal Communication] Commiss relief."' 47 U.S.C. § 332(c)(7)(B)(v). that in seeking renewal of its Wireless Special Permit, MetroPC The Plaintiffs assert S. with the Radiofrequency Radiation requirements in Zoning Bylaw, § did not comply p ared by 8.9.5(d)(vn), 17 and that the "RF Site Compliance Report, dated November 16, 2012,.prep Site[S]afe" which is listed m the 2012 Board Decision as among the documentation submitted in see 2012 Board Decision; at 5; contains "unverified and support of the renewal application, uconclusions " 2012 Complaint, par. 63. Pursuant to the Act, the Planning Board of MetroPCS' Wireless Special could not have. denied the renewal Permit on this basis because, through the SiteSafe report, M etroPCS demonstrated that it had complied with the FCC U.S-C. 332 c). Moreover, if the Plaintiffs believe that the regulations. See 47 § . elusion that MetroPCS complied with the FCC regulations has adversely. Planning Board. s con onin Bylaw, § 8.9.4( (j),addresses Radiofrequency Radiation, "More accurately, Z g Y for a wireless. requiring the app licant to demonstrate that "[a]ll equipment proposede Env1ronmental.Effects of facility shall be authorized per the FCC Guidelines for Evaluatingthe and regulations." Id. In its other applicable FCC guideline er 30, Radiofrequency Radiation :.. or any pP d. Findirigs of Fact, ,the Planning Board found that, through a SiteSafe repos n eoinl l�ancebwith 2011, MetroPCS had."demonstrated that the proposed wireless facility 1 „ 2012 Board FCC regulations regarding Maximum Permissible ExpoosBoarld could not have denied the Decision; at 2. Fort same reason as above, the planning 332 7 renewal of the permit on this. basis. See 47 U. the antennas' a alleged emission of radiofrequency To the extent that the Plaintiffs rely on radiation as.the basis for their claim that their health. is at risk, discussed above in section II.B , the Act precludes this claim as well. 18 affected them, they may Petition the FICC relief. See 47 U.S.C. § 332CciC7JC�)C�) ORDER. For the foregoing reasons, the Defendants' motions for summary judgment -are ALLOW A Tate: July 25, 2013 Commonwealth of Massachusetts County of Essex . The Superior. Court CIVIL DOCKET# ESCV2012-01130 Andrew Fournier, Mark Depolito, Liz Fennessy, Dagmar Schnellinger, Lauretta E. Wenh Orth and Marthea Fournier, Plaintiff(s) vs. John. Simons, Michael Colantoni, Dave Kellogg and Richard Rowen in theirofficial. capacities as members of the Planning Board for the Town of North Andover, Trinitarian Congregational Church of North Andover and. MetroPCS Massachusetts, LLC, Defendant(s) . SUMMARY JUDGMENT M.R.C.P. 56 This action came on to be heard before the Court, Maynard Kirpalani , presiding, upon motion of the defendants, John Simons, Michael Colantoni; Dave Kellogg and Richard Rowen, in their official capacities as members of the Planning Board for the Town of North Andover and MetroPCS Massachusetts, LLC, for Summary Judgment pursuant to Mass. R. Civ. P. 56- the parties having been heard - and the Court having considered the pleadings -depositions -answers to interrogatories -admissions- and affidavits, the Court having rendered a " MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT" dated July 25, 2013, having found that there is no genuine issue as to material fact and that the defendants - are entitled to .a judgment as a matter of law, It is ORDERED and. ADJUDGED: That the Complaint: of the Plaintiffs, Andrew Fournier, Mark Depolito, Liz Fennessy, Dagmar Schnellinger, Lauretta E. Wentworth and Marthea Fournier, be and .hereby. is DISMISSED against the Defendants, John Simons, Michael Colantoni, Dave Kellogg and Richard Rowen in their official capacities as members of the Planning Board for the Town of North Andover and MetroPCS Massachusetts, i_LC. Dated at Newburyport, Massachusetts this 71 day of August, 2013. N---... ........ SX AsClerk cvdjud56d_1.wpd 1198153 memord doylejod TOWN OF NORTH ANDOVER OFFICE OF • COMMUNITY DEVELOPMENT AND SERVICES 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 Rev. Andrew M Gilman The Trinitarian Congregational Church 72 Elm Street North Andover, Ma 01845 Dear Rev Gilman: October 24, 2000 Telephone (978) 688-9545 FAX (978) 688-9542 The October 23rd issue to the Eagle Tribune contained a story of Nextel possibly installing a number of antennas in the steeple of your church. The purpose of this correspondence is to inform you that this is a permitted process in the Town of North Andover. Pursuant to Section 8.9 — Wireless Service Facilities — of the North Andover Zoning By — Law a special permit is required prior to the installation of a wireless service facility. Application for a hearing for the • special permit must be made to the Planning Board acting as the Special Permit Granting Authority (SPGA). A copy of the by-law is enclosed for your review. is Variances, if necessary, must be obtained from the North Andover Zoning Board of Appeals prior to the SPGA hearing In addition to the above Building and Electrical Permits are required by the building department Please do not enter into contract with Nextel until the permitting process is complete. If you require further assistance please call me at 978-688-9545. Yours truly, D. Robert Nicetta Building Commissioner BOARD OF APPEALS 688-9541 BUILDINGS 688-954? COMERT%ATIOIT 6880530 HEA I'I4 688-9540 URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS J. URBELIS e-mail tju@uf-law.com August 8, 2013 North Andover Planning Board Town of North Andover 1600 Osgood Street North Andover, MA 01845 RE: Marthea Fournier, et al. v. North Andover Planning Board, et al. Superior Court No. 12-1130-B Dear Members: Telephone 978-475-4552 Telephone 617-338-2200 Telecopier 617-338-0122 The plaintiffs in this Superior Court case appealed the Board's renewal of a special permit for a wireless communication facility within the steeple of the Trinitarian Congregational Church on Elm Street. I filed a Motion and Memorandum of Law for Summary Judgment requesting dismissal. The Court heard arguments on April 18. Enclosed are the Superior Court's Summary Judgment and Memorandum dismissing the case. The plaintiffs have thirty days within which to file a Notice of Appeal to the Massachusetts Appeals Court. As always, please call if you have any questii TJU/kmp Enclosure cc: Joyce Bradshaw (w/enc) Curt Bellavance (w/enc) Gerald Brown (w/enc) Judy Tymon (w/enc) s:\wp51\work\n-andove\corresp\planning board.ltr2.foumier.docx )ns. 72- Q vv) 5�a� URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS J. URBELIS e-mail tju@uf-law.com August 8, 2013 North Andover Planning Board Town of North Andover 1600 Osgood Street North Andover, MA 01845 RE: Marthea Fournier, et al. v. North Andover Planning Board, et al. Superior Court No. 12-1130-B Dear Members: Telephone 978-475-4552 Telephone 617-338-2200 Telecopier 617-338-0122 The plaintiffs in this Superior Court case appealed the Board's renewal of a special permit for a wireless communication facility within the steeple of the Trinitarian Congregational Church on Elm Street. I filed a Motion and Memorandum of Law for Summary Judgment requesting dismissal. The Court heard arguments on April 18. Enclosed are the Superior Court's Summary Judgment and Memorandum dismissing the case. The plaintiffs have thirty days within which to file a Notice of Appeal to the Massachusetts Appeals Court. As always, please call if you have any questions. Very truly yours, Thomas J. belis TJU/kmp Enclosure cc: Joyce Bradshaw (w/enc) Curt Bellavance (w/enc) Gerald Brown (w/enc) Judy Tymon (w/enc) s:\wp51\work\n-andove\corresp\planning board.ltr2.foumier.docx Commonwealth of Massachusetts County of Essex The Superior.Court CIVIL DOCKET# ESCV2012-01130 Andrew Fournier, Mark Depolito, Liz Fennessy, Dagmar Schnellinger, Lauretta E. Wentworth and Marthea Fournier, Plaintiff(s) vs. John Simons, Michael Colantoni, Dave Kellogg and Richard Rowen in their official capacities as members of the Planning Board for the Town of North Andover, Trinitarian Congregational Church of North Andover and. MetroPCS Massachusetts, LLC, Defendant(s) SUMMARY JUDGMENT M.R.C.P. 56 This action came on to be heard before the Court, Maynard Kirpalani , presiding, upon motion of the defendants, John Simons, Michael Colantoni, Dave Kellogg and Richard Rowen, in their official capacities as members of the Planning Board for the Town of North Andover and MetroPCS Massachusetts, LLC, for Summary Judgment pursuant to Mass. R. Civ. P. 56- the parties having been heard - and the Court having considered the *pleadings -depositions -answers to interrogatories -admissions- and affidavits, the Court having rendered a " MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT" dated July 25, 2013, having found that there is no genuine issue as to material fact and that the defendants are entitled to a judgment as a matter of law, It is ORDERED and ADJUDGED: That the Complaint of the Plaintiffs, Andrew Fournier, Mark Depolito, Liz Fennessy, Dagmar Schnellinger, Lauretta E. Wentworth and Marthea Fournier, be and hereby is DISMISSED against the Defendants, John Simons, Michael Colantoni, Dave Kellogg and Richard Rowen in their official capacities as members of the Planning Board for the Town of North Andover and MetroPCS Massachusetts, LLC. Dated at Newburyport, Massachusetts this 71h day of August, 2013. ......... .... ... . As stant Clerk cvdjud56d_1.wpd 1198153 memord doylejod 0 COMMONWEALTH OF MASSACHUSETTS ESSEX, Ss. SUPERIOR COURT CIVIL ACTION NO. 12-01130 ANDREW FOURNIER & others' VS. JOHN SIMONS, in his official capacity,z & others' MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT The plaintiffs Andrew Fournier, Mark Depolito, Liz Fennessy, Dagmar Schnellinger, Lauretta E. Wentworth, and Marthea Fournier (collectively, "Plaintiffs"), residents of the Town of North Andover, ("Town"), commenced this action .under G.L. c. 40A, § 17, to challenge the decision of the Town's Planning Board to renew the Wireless. Special Permit of defendant MetroPCS Massachusetts, LLC ("MetroPCS"). The Wireless Special Permit allows MetroPCS to install antennas inside the steeple of the defendant Trinitarian Congregational Church of North Andover ("Church"); the antennas are not visible from outside of the Church. This case is before the court on the Planning Board's and MetroPCS' motions for summary judgment. The Plaintiffs did not file a written opposition but appeared at oral argument to oppose the two motions. For the following reasons, the Planning Board's and MetroPCS' motions for summary judgment are ALLOWED. 'Mark Depolito, Liz Fennessy, Dagmar Schnellinger, Lauretta E. Wentworth, and Marthea Fournier 'As a member of the Planning Board of the Town of North Andover, Massachusetts 'Michael Colantoni, Dave Kellogg, and Richard Rowen, in their official capacities as members of the Planning Board of the Town of North Andover, Massachusetts; Trinitarian Congregational Church of North Andover; and MetroPCS Massachusetts, LLC Y BACKGROUND As an initial matter, the court notes that the Planning Board and MetroPCS (collectively, "Defendants") have complied with their obligation under Superior Court Rule 9A , in that their motions for summary judgment are "accompanied by a statement of the material facts as to which ... [they, as the moving parties,] contend[] there is no genuine issue to be tried, set forth in consecutively numbered paragraphs, with page or paragraph references to supporting" documents from the summary judgment record. Superior Court Rule 9A(b)(5)(i). Conversely, the Plaintiffs have not complied with their reciprocal obligation of responding to the Defendants' statement of material facts in the same document. Superior Court Rule 9A(b)(5)(ii).' Under these circumstances, Rule 9A(b)(5)(ii) permits the court to deem the Defendants' statements of fact as . admitted, which this court does, insofar as the summary judgment record supports the assertions. See Godfrev v. Globe Newspaper Co., Inc., 457 Mass. 113, 121 (2010); Sullivan v. Liberty Mut. Ins. Co., 444 Mass. 34, 46 n.18 (2005); Dziamba v. Warner & Stackpole LLP, 56 Mass. App. Ct. 397, 399-401 (2002). I. 2009 Decision and Appeals The Planning Board held a series of hearings in December 2008 through March 2009 on the defendant MetroPCS' first petition for a Wireless Special Permit for "the installation of a Wireless Facility on an existing structure ...." Exhibit A. In that petition, MetroPCS sought "to install 6 panel antennas within the [C]hurch steeple at a centerline height of 80 ft. The antennas will be connected via co -axial cable to three equipment cabinets to be located in the basement of 'Superior Court Rule 9A has been amended since the Defendants filed their summary judgment motion, but the Plaintiffs have not complied with their obligations under either version of the rule. 2 the [C]hurch building, within the Residential District." Id. In a decision dated March 3, 2009, and entered in the Town Clerk's Office on March 5, 2009, the Planning Board approved the Wireless Special Permit ("2009 Board Decision"). Id. In the 2009 Board Decision, the Planning Board found that MetroPCS had satisfied its filing requirements and met its burden under Zoning Bylaw, § 8.9,5 of demonstrating that a significant gap in coverage existed and that no alternative sites were available or technically feasible to close that gap. Id. The Planning Board approved MetroPCS's petition subject to a series of conditions.' Five Town residents appealed the 2009 Board Decision by seeking judicial review in the Superior Court under G.L. c. 40A, § 17 ("2009 Action"). The Town residents were Marthea Fournier, Lizetta Fennessy, Aaron Pertus, Dagmar Schnellinger, and Lauretta Wentworth ("2009 . _ Plaintiffs"). The 2009. Plaintiffs named as defendants the same Defendants as in this current action, i.e., the Planning Board,' the Church, and MetroPCS, and asserted sixteen claims. The Defendants moved for summary judgment which this court (Murtagh, J.) allowed in a decision dated December 18, 2009 ("2009 Court Decision") In the 2009 Court Decision, the court noted that the 2009 Plaintiffs asserted "nothing other than the minimum of 600 feet zoning setback provision [set forth in Zoning Bylaw, § 8.9.3(c)(v)(1)] requires a variance before a permit for the installation can issue" and "that they 'The Town's Zoning Bylaws are available at www.townofnorthandover.com/pages/nandoverma_zba/zoningbylaw.pdf (last visited July 22, 2013). Section 8.9, the bylaw governing Wireless Services Facilities, appears at pages 94 through'l05 of that document. 'For the most part, the list of sixteen conditions restate the provisions of § 8.9 of the Zoning Bylaw. 'Some of the members of the Planning Board have changed since the 2009 Action. 3 were not defending on the basis of health concerns from the radio frequency transmission, also the aesthetics or decreased property values. Exhibit C, at 2 n.1, 5. As to the setback argument, the court held as follows: "The 600 minimum setback obligation was designed to protect public safety by providing a fall zone for wireless devices, antennas and their mounting structure. The by-law was not addressing wireless devices or antennas installed into, not on, an existing Church building. There is no need for a fall zone to protect adjacent property or occupants or visitors to such property from the equipment located in the building or antenna located in the steeple of the existing church. The by-law has not been violated and no variance was required. The setback requirements for the building which houses the wireless equipment and antennas do not apply to an installation inside a building." Exhibit C, at 3-4. The court also applied the Federal Telecommunications Act of 1996, 47 U.S.C. § .332(c)(7)(B), under which "`local zoning authorities must ensure that neither their general policies nor their individual decisions prohibit or have the effect of prohibiting the provision of personal wireless services.' ... Local zoning policies and decisions `that prevent the closing of significant gaps in the availability of wireless services' within the jurisdiction violate this provision of the Telecommunications Act." Exhibit C, at 4 (emphasis and citations omitted). The court concluded that denying the special permit would violate the Telecommunications Act of 1996 where the Planning Board "could not take health effects or radio frequency emissions .into account to require a 600 foot setback.... there was a significant gap in coverage, ... there were no alternative available sites, and. there was no threat of falling antennas or towers...." Exhibit C, at 5. It was therefore "clear under the undisputed facts of this case and the governing law, [that] the Federal Telecommunications Act of 1996 compelled the North Andover Planning Board to grant the special permit." Id. M The 2009 Plaintiffs appealed the 2009 Court Decision to the Appeals Court;' MetroPCS filed a cross appeal on the basis that the 2009 Court Decision failed to address its claim that the 2009 Plaintiffs lacked standing. In a decision dated February 11, 2011, the Appeals Court affirmed the 2009 Court Decision. Fournier v. Planning Board of N. Andover, 78 Mass. App. Ct. 1125, 2011 WL 3 82988, * 1 (2011). The Appeals Court held that "sole basis asserted for [the 2009 Plaintiffs'] purported standing was that the town by-law should be deemed to. apply to all wireless facilities, and that, rather than the special permit granted, the by-law required that a variance be sought." Id. This argument was "an insufficient basis to confer standing on the [2009] plaintiffs as aggrieved parties[,]" id., and the court held that "the [2009] plaintiffs' appeal was foreclosed by lack of standing." Id. at * 1 n.4. The Appeals Court farther held.that, "[g]iven [its] determination that the [2009] plaintiffs lack standing, [the court] [did not need to] . reach the variance versus special permit question." Id. at * 1 n.5. "[E]ven if one were to construe the applicable by-law as requiring a variance, [however,] the [D]efendants ultimately would still be entitled to install the wireless device and antenna under the Federal Telecommunications Act of 1996, 47 U.S C. § 332(c)(7)(B). The [2009] plaintiffs [did] not mount any serious challenge to that conclusion." Id. (citation omitted). 'The 2009 Plaintiffs also appealed a Land Court decision;. the- Appeals Court considered the two appeals together even though they were not formally consolidated. Fournier v. Planning Board of N. Andover, 78 Mass. App. Ct. 1125; 2011 WL 382988, *1 (2011). The Land Court decision appears to have concerned the zoning board of appeals' issuance of a building permit to MetroPCS to install the antenna in the Church. Id. at *2; see MetroPCS Mass., LLC V. Fennessey [sic], 09 MISC 413762 (Mass. Land Court Dec. 29, 2009) (Piper, 7.). According to the. Appeals Court, "[t]he zoning board of appeals .....determined that the special permit was proper in that the wireless tower installation posed no public safety issues, and that the setback limits required by a zoning by-law did not.apply within the existing structure of the [C]hurch steeple." Fournier, 2011 WL 382988, at *1. The Suprerr�e 3udicial Court denied the 2009 Plaintiffs' request for further appellate review. Fournier v. Planning Bd. of N. Andover, 459 Mass. 1111 (April 27, 2011) H. 2012 Renewal Pursuant to Zoning Bylaw, § 8.9.12 and as expressly stated in the 2009 Board Decision, MetroPCS' special permit was only valid for three years; MetroPCS could renew the permit "under the same criteria as the original special permit,". as long as it did so "prior to the expiration date of the original ... special permit." Zoning Bylaw, § 8.9.12(a); Exhibit. A. MetroPCS applied for renewal of its special permit on February 21, 2012, prior to the March 2012 expiration date of its original Wireless. Special Permit.. The Planning Board held three hearings between March 2012 and May 2012, and issued its decision renewing MetroPCS' special permit on May 23, 2012 ("2012 Board Decision").' The Planning Board made the following findings of fact in support of its renewal of the special permit: "a) The renewal application meets the filing requirements of the Wireless Service Facilities By-law Section 8.9.12. The applicant has demonstrated that the proposed wireless facility is in compliance with FCC regulations regarding Maximum Permissible. Exposure (MPE) limits, as indicated by the reports provided by the applicant, dated November 30, 2011, authored by ... SiteSafe. The conclusion stated in the reports is that the applicant's Wireless Facility installation, combined with the OmniPoint installation at the same facility, contributes a maximum RF exposure of less than five percent of the current Federal permissible exposure guidelines. "b) The Site Compliance Report written by SiteSafe and submitted by the applicant was reviewed by the [T]own's consulting RF [i.e., `Radiofrequency'] engineer .... In letters dated March 16, 2012 and March 31, 2012, [the engineer] stated that the measured levels of RF 'From the list of exhibits the Defendants provided, it appears that they intended to submit the 2012 Board Decision as Exhibit F. Exhibit F, however, is another copy of the 2009 Board Decision. The 2012 Board Decision is attached to the Plaintiffs' complaint, which the Defendants have reproduced, along with the attachment, as Exhibit G. on Emissions are within compliance with FCC guidelines. "c) ... [T]he applicant submitted a Noise Study from Noise Control Engineering, dated February 16, 2012 and a structural assessment from Hudson Design Group, dated February 12, 2012. Both studies confirmed that the installation is in compliance with the [T]own's requirements under section 8.9 of the [Town's] ... Bylaw. "d) The Federal Telecommunications Act of 1996 takes precedent over the [Town's] Zoning Bylaw. In the recent [2009 Court Decision] ..., the Plaintiffs' ... challenge to [the 2009 Board Decision] ... was on the basis of a 600 foot setback provision in the [Z]oning [B]ylaw, and in dismissing that case, the Court was clear that the 600 foot setback did not control because the Court found that the Federal Telecommunications Act of 1996 `compelled' (the Court's word) this Board to grant the special permit. Similarly, in the context of this particular application where the applicant has filed satisfactory current technical reports and otherwise filed sufficient information to the Board's satisfaction, if this Board were to deny the special permit here the Board would, in the words of the Federal Telecommunications Act of 1996, be taking actions that `prohibit or have the effect of prohibiting the provision of personal wireless services' and this Board has no intention of violating that federal law. "e) Finally the Planning Board finds that this project generally complies with the [Town's] ... Zoning Bylaw requirements as listed in 8.9 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided ... [certain] conditions are met[.]" 2012 Board Decision, at 2-3. The 2012 Board Decision lists six conditions that are similar to some of the conditions listed in the 2009 Board Decision and essentially restate provisions of Zoning Bylaw, § 8.9. The Plaintiffs have appealed the 2012 Board Decision in this action currently before the court. In this complaint ("2012 Complaint"), the Plaintiffs are the 2009 Plaintiffs plus Andrew Fournier and Mark Depolito. Andrew Fournier has the same address as 2009 plaintiff Marthea Fournier, and Mark Depolito appears on the list of certified abutters and spoke at, at least, one 7 public hearing regarding MetroPCS' original special permit application. DISCUSSION 1. Res Judicata "`Res judicata' is the generic term for various doctrines by which a judgment in one action has a binding effect in another. It comprises `claim preclusion' and `issue preclusion."' Heacock v. Heacock, 402 Mass. 21, 23 n.2 (1988); Carpenter v. Carpenter, 73 Mass. App. Ct. 732, 738 (2009). Claim preclusion "`makes a valid, final judgment conclusive on the parties and their privies, and prevents relitigation of all matters that were or could have been adjudicated in that action[,]"' while "issue preclusion `prevents relitigation of an issue determined in an earlier action .. "' Kobrin v. Board of Registration in Medicine, 444 Mass. 837, 843 (2005) (citation omitted) (emphasis added). To apply, both doctrines require that the prior action (1) ended with a final judgment on the merits and (2) involved identical parties to — or parties in privity with — the parties in the present action. Id. The party invoking claim preclusion must also demonstrate "`identity of the cause of action,"' id.; the party invoking issue preclusion must also demonstrate that ".the issue decided in the prior adjudication [was] identical with the one presented in the action in question; and ... [that] the issue decided in the prior adjudication [was] essential to the judgment in the prior adjudication[.]" Alba v. Raytheon Co., 441 Mass. 836, 842 (2004). MetroPCS alleges that claim preclusion and issue preclusion10 foreclose this appeal of the 2012 Board Decision because the parties already litigated the same claims and issues in the 2009 Action with respect to the 2009 Board Decision. The 2009 Action certainly ended with a final 10It is well-established that "[t]he judicial doctrine of issue preclusion[] [is] also known as collateral estoppel ...." Martin v. Ring, 401 Mass. 59, 60-61 (1987). 8 judgment on the merits, therefore MetroPCS has met the first element of both doctrines. The Plaintiffs argue that MetroPCS cannot satisfy the second element of the doctrines, despite the fact that the 2009 Plaintiffs appear in the current action, because of the addition of two new plaintiffs in the current action. Andrew Fournier has the same address as 2009 plaintiff Marthea Fournier; Mark Depolito is an abutter and participated in at least one public hearing on the original special permit application. For purposes of this decision, the court concludes that the 2009 Plaintiffs represented their interests in the 2009 Action; and, therefore, that the two new plaintiffs are in privity with the 2009 Plaintiffs. MetroPCS cannot satisfy the remaining elements of claim preclusion and issue preclusion. The 2009 Action was an appeal of the Planning Board's original grant of a wireless special permit; this action is an appeal of the Planning Board's grant of a renewal of MetroPCS' . Wireless Special Permit. The two matters are therefore not identical. See, e.g., Restatement (Second) of Judgments § 24, illus. 9 ("A pays state income taxes for the years, 1,973 and 1974 and state property tax for the year 1973. Each of these annual taxes is considered separate .. "). The language of Zoning Bylaw, § 8.9.12(a) suggests that the Town intended for each renewal application to constitute a separate transaction. Under that provision, a special permit "may be renewed under the same criteria as the original special permit, thereby requiring the permit - holder to participate in the application process anew. Zoning Bylaw, § 8.9.12(a). Moreover, .precluding purportedly aggrieved parties from seeking judicial review of a special permit. renewal would render G.L. c. 40A, § 17, meaningless. The Defendants therefore cannot invoke res judicata in this case. This conclusion is not dispositive of the matter, however, because, as discussed below, the Plaintiffs' appeal of the 2012 9 Board Decision fails on use fiferiis. Il, mo;�its A. Standard of Review under G.L. c. 40A, § 17 "Any person aggrieved by a decision of... any special permit granting authority ..., whether or not previously a party to the proceeding, ... may appeal to ... the superior court department in which the land concerned is situated ... by bringing an action within twenty days after the decision has been filed in the office of the city or town clerk." G.L. c. 40A, § 17. The Plaintiffs timely filed their appeal under G.L. c. 40A, § 17." Judicial review under this statute "requires that `[t]he court shall hear all evidence pertinent to the authority of the board or special permit granting authority and determine the facts, and, upon the facts as so determined, annul such decision if found to exceed the authority of such board or special permit granting authority or make such other decree as justice and equity may require."' Wendy's Old Fashioned Hamburgers of N.Y., Inc. v. Board of Appeal of Billerica, 454 Mass. 374, 381 n.20 (2009) 11The Defendants argue that the Plaintiffs do not have standing to seek judicial review. Under G.L. c. 40A, § 17, "only a `.person aggrieved' has standing to challenge a decision. 81 Spooner Rd., LLC v. Zoning Bd. of Appeals of Brookline, 461 Mass. 692, 700 (2012); see Murray v. Board of Appeals of Barnstable, 22 Mass. App. Ct. 473, 476 n.7 (1986) ("It is not necessary for the judge to determine that all- of the plaintiffs had standing. The fact that only one of the plaintiffs was an aggrieved person is sufficient to permit an appeal from the board's decision."). "A `person aggrieved' is one who suffers some infringement of his legal rights.' .. . Of particular importance, the right or interest asserted by a plaintiff claiming aggrievement must be one that [G.L. c. 40A] is intended to protect, either explicitly or implicitly." 81 Spooner Rd., LLC, 461 Mass. at 700. Demonstrating aggrievement "`requires a showing of more than minimal or slightly appreciable harm."' Id. (citation omitted). "Abutters are entitled to a rebuttable presumption that they are aggrieved' persons .... [but] an adverse party can challenge an abutter's presumption of standing by offering evidence `warranting a finding contrary to the presumed fact."' Id. The court assumes without deciding that the parties have met their respective burdens, and that, therefore, the Plaintiffs have standing to seek judicial review of the 2012 Board Decision. 10 (alteration iii original) (citation omitted); see G.L. 2ng out requlremerts for c. 40A, § 17 (sett contents of complaint). This review "involves a `peculiar' combination of de novo and deferential analyses." Wendy's Old Fashioned Hamburgers of N.Y., Inc., 454 Mass. at 381. Specifically, "a judge is to give `no evidentiary weight' to the board's factual findings," but at the same time, "a judge must give `substantial deference' to a board's interpretation of its zoning bylaws and ordinances.... . [and] the decision of a board `cannot be disturbed unless it is based on.a legally untenable ground' or is based on an `.unreasonable, whimsical, capricious or arbitrary' exercise of its judgment in applying land use regulation to the facts as found by the judge." Id. at 381-382 (citations omitted). A court that "decides the case on motions for summary judgment engages in no fact finding at all. Instead, the [court] looks at the record to determine whether there is any genuine issue of material fact and, if not, whether the evidence, viewed in the light most favorable to the nonmoving party, shows that the moving party is entitled to judgment as a matter of law." Albahari v. Zoning Bd. of Appeals of Brewster, 76 Mass. App. Ct. 245, 248-249 (2010) (footnote omitted). As noted above, there are no facts in dispute because the court has deemed the facts as admitted. 12 12 In addition to failing to demonstrate a genuine issue of material fact, it is questionable that the Plaintiffs sustained their burden of setting forth "a short and plain statement of the claim showing that [they] [are] entitled to relief' with respect to certain claims. Mass. R. Civ. P. 8(a)(1); see Ashcroft v. Iqbal, 556 U.S. 662, 677-678 (2009) (holding that, to survive motion to dismiss, plaintiff s complaint must plausibly suggest entitlement to relief); Iannacchino v. Ford Motor Co., 451 Mass. 623, 635-636 (2008). 11 B. Analysis of the Plaintiffs' Claims The Plaintiffs make a number of allegations in the 2012 Complaint, none of which have any merit and require little discussion. 1. Dover Amendment The Plaintiffs argue that the 2012 Board Decision violates G.L. c. 40A, § 3, the so-called "Dover Amendment" because providing commercial wireless service facilities is not a religiously significant goal and providing wireless services is not the. Church's primary purpose. The Dover. Amendment provides that "[n]o zoning ordinance or by-law shall ... prohibit, regulate or restrict! the use of land or structures for religious purposes ...; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and .determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements." G.L. c. 40A, § 3, par. 2. The 2012 Board Decision, insofar as it applies Zoning Bylaw, § 8.9, does not violate the Dover Amendment. The Church entered into a private agreement with MetroPCS that permits MetroPCS to install a wireless service facility inside the Church's steeple; the bylaw itself regulates MetroPCS' application for and maintenance of that wireless service facility. Even viewing Zoning Bylaw, § 8..9 as indirectly regulating the Church's use of its land, that bylaw certainly qualifies as a "reasonable regulation[] concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements." G.L. c. 40A, § 3, par. 2. The 2012 Board Decision therefore does not violate the Dover Amendment. 12 2. Setback The Plaintiffs argue that the 201.2 Board Decision failed to take into consideration the 600 -foot setback requirement in Zoning Bylaw, § 8.9.3.(c)(v)(1). That provision states: "In order to ensure public safety, the minimum distance from the base of any ground -mounted wireless service facility to. any property line, shall be 2x the height of the facility/mount, including any antennas or other appurtenances. This setback is considered the fall zone'. A minimum setback of 600 feet shall be required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or education uses of any types." Zoning Bylaw, § 8.9.3(c)(v)(1) (emphasis added). The Plaintiffs contend that the Planning Board should have required MetroPCS to obtain a variance from this setback requirement." The reference to the "`fall zone"' in the above -italicized sentence is significant as it suggests that the purpose of the setback is to protect individuals and property from falling wireless devices, antennas, and mounting structures. Placing those items inside a building, however, eliminates that danger. The 600 -foot setback requirement cannot reasonably apply to MetroPCS' antennas, and therefore it is not arbitrary, capricious, or legally untenable for the Planning Board not to have required MetroPCS to obtain a variance from the 600 -foot setback requirement. See Wendy's Old Fashioned Hamburgers of N.Y., Inc., 454 Mass. at 381-382. The Plaintiffs' challenge of the 2012 Board Decision on this basis therefore fails. 3. Plaintiffs' Remaining Claims The remaining allegations in the Plaintiffs' complaint fail as well. First, there is no basis 13 There is no evidence in the summary judgment record that the antennas inside the Church steeple are fewer than 600 feet from the adjacent property line, but the parties do not, appear to dispute this fact. 13. A the Plaintiffs' argument that MetroPCS failed to preserve the character and integrity of the Church pursuant to Zonjng Bylaw, § 8.9.3(bl(il, where the antennas are inside the Church steeple and not visible from the Church's exterior. Second, the Plaintiffs argues that MetroPCS has failed to carry its burden of proving that there are no alternative preexistent structures on which to mount its antennas, and cites to Zoning Bylaw, § 8.9.3(b)(iii). That provision, however, requires the applicant to "submit documentation of the legal right to install and use the proposed facility mount at the time of application for a building permit and/or Special Permit." Zoning Bylaw, § 8.9.3(b)(iii).14 Listed in the 2012 Board Decision among the documentation submitted in support of MetroPCS' renewal application is the "Roof -Top Communications. Site Lease Agreement" which names the Church as lessor and MetroPCS as lessee. MetroPCS has therefore complied with Zoning Bylaw, § 8.9.3(b)(iii), because this lease establishes MetroPCS' "legal right" to install its antennas inside the Church steeple. Third, the Plaintiffs' argument that MetroPCS failed to comply with the renewal requirements of the Zoning Bylaw is without merit. By, filing its application in February 2012, MetroPCS complied with the requirement in Zoning Bylaw, § 8.9.12(a), that it seek renewal prior to the March 2009 expiration of its original Wireless Special Permit. The Plaintiffs also 14The Plaintiffs may have intended to cite Zoning Bylaw, § 8.9.3(b)(i), which provides that, "[i]f feasible, wireless service facilities shall be located on preexistent structures, including but not limited to buildings .., providing that such installation preserves the character and integrity of those structures.... The applicant shall have the burden of proving that there are no feasible preexistent structures upon which to locate." It is unreasonable to read this provision as placing the same burden on an applicant that is renewing its special permit in order to continue using the same location for its wireless service facility. See Wendy's Old Fashioned Hamburgers of N.Y., Inc., 454 Mass. at 381-382. To the extent the Plaintiffs intended to assert a claim under this provision, it fails as well. 14 contend that the Planning Board failed to comply with its duty under Zoning Bylaw, § 8.9.12(a), to apply "the same criteria as the original special permit" when considering whether to renew a wireless special permit. The summary judgment record does not support this allegation. See supra n.12. Fourth, the Plaintiffs make the conclusory claim that the presence of MetroPCS' Wireless Services Facility has had a deleterious impact on the value of their properties. The express purpose of Zoning Bylaw, § 8.9, governing wireless service facilities, is "to minimize the visual and environmental impacts as well as any potential deleterious impact on property value, of wireless service facilities upon properties located within the Town or adjacent thereto." Zoning Bylaw, § 8.9.1(a). To achieve that purpose, "[n]o wireless service facility shall be placed, constructed or modified within the Town without first obtaining site plan approval from" the Planning Board. Id. Compliance with Zoning Bylaw, § 8.9, therefore preserves the value of the property located in the Town. As MetroPCS complied with the Zoning Bylaw, the Plaintiffs cannot claim that their properties have decreased in value.15 Fifth, the Plaintiffs claim that the antennas in the. Church steeple constitutes a nuisance because it exposes the Plaintiffs to health risks, fear, anxiety, and anguish. The Plaintiffs have not identified the particular health risks towhichthey fear they have been exposed as a result of the presence of the antennas on the Church steeple, despite the fact that the antennas have been in "As this appeal concerns the renewal of MetroPCS' Wireless Special Permit, the Plaintiffs have had three years in which to document the alleged decrease in the. value of their properties as a result of the presence of the antennas in the Church steeple. 15 place for three years. 16 See, e.g., su ra n.15. This conclusory claim therefore fails as well. See in-fta n.17. Finally, the Plaintiffs claim that the 2012 Board Decision establishes illegal spot zoning. Spot zoning "involves singling out an individual parcel for unique zoning treatment." Durand v. IDC Bellingham, LLC, 440 Mass. 45, 49 n.9 (2003); see id. (noting that G.L. c. 40A, § 4's "mandate[] that all zoning requirements be `uniform[]' ... forecloses a municipality from engaging in spot zoning"). "To succeed in a challenge to a zoning enactment on the grounds of. spot zoning . the plaintiffs must show that the affected parcel has been singled out for more restrictive treatment than surrounding land which is indistinguishable, thereby `producing, without rational planning objectives, zoning classifications that fail to treat like properties in a uniform manner."' Andrews v. Amherst, 68 Mass. App. Ct. 365, 369 (2007). The Plaintiffs have not identified another property the Planning Board has treated differently from the Church or another wireless services carrier the Planning Board has treated differently from MetroPCS. They have therefore failed to meet their burden. C. The Telecommunications Act of 1996 The Telecommunications Act of 1996 ("Act") "made substantial changes to Federal regulation of telecommunications in recognition of, and to facilitate the spread of, new technologies nationwide... Personal wireless services ... technology is among those the [Act] specifically addresses." Roberts v. Southwestern Bell Mobile Systems, Inc., 429 Mass. 478, 479, 16The 2012 Board Decision does list among the documentation submitted in support of the renewal application a "Noise Study, dated February 16, 2012, prepared by Noise Control Engineering, Inc." 2012 Board Decision, at 5. The Plaintiffs therefore cannot claim that they fear that their health is at risk because of the noise from the antennas. 480 (1999). "T o facilitate the spread of this technology, and to promote transparency and accountability in local zoning decisions regarding permits for [wireless service] providers, the [Act] imposes procedural and substantive obligations on local zoning authorities. Id. at 480, citing 47 U.S.C. § 332(c)(7). A local authority's denial of a request "to site such a [wireless service] facility must be `in writing and supported by substantial evidence contained in a written record. Id. at 482, quoting 47 U.S.C. § 332(c)(7)(B)(iii); Kramer v. Zoning Bd. of Appeals of. Somerville, 65 Mass. App. Ct. 186, 196 n.12 (2005) (noting that Act "prohibits municipalities from denying permission to construct wireless service facilities unless the denial is in writing and supported by substantial evidence"); see San iolo v. Board of Aldermen of Newton, 57 Mass. App. Ct. 911, 914 (2003) (Rescript) (holding that, where "the permit reflects an appropriate exercise of local government's. statutory power over `decisions regarding the placement, construction, and modification of personal wireless service facilities[,]"' the Act precludes denial of the application (quoting 47 U.S.C. § 332(c)(7)(A))). "Congress enacted these standards to prevent local authorities from `mask[ing] hostility to wireless communications facilities with unreasoned denials that make only vague references to applicable legal standards. "' Roberts, 429 Mass. at 491 (alteration in original) (citation omitted). The Act "does not preempt State and local authority with respect to any zoning and land uses pertaining to [wireless service] facilities, other than as delineated in [47 U.S.C.] § 332(c)(7)" and it does not preempt "de novo judicial review of all local zoning authority decisions pursuant to G.L. c. 40A, § 17." Id. at 482. The Act does, however, prevent state and local governments from "regulat[ing] the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions 17 to the extent that such facilities comply with the [Federal1ii Comunlcatlon] Commission's regulations concerning such emissions." 47 U.S.C. § 332(c)(7)(B)(iv). "Any person adversely affected by an act or failure to act by a State or local government or any instrumentality thereof ' that is inconsistent with clause (iv) may petition the [Federal Communication] Commission for relief." 47 U.S.C. § 332(c)(7)(B)(v). The Plaintiffs assert that, in seeking renewal of its Wireless Special Permit, MetroPCS did not comply with the Radiofrequency Radiation requirements in Zoning Bylaw, § 8.9.5(d)(vii),17 and that the "RF Site Compliance Report, dated November 16, 2012, prepared by Site[S]afe" which is listed in the 2012 Board Decision as among the documentation submitted in support of the renewal application, see 2012 Board Decision, at 5, contains "unverified and unsubstantiated conclusions." 2012 Complaint, par. 63. Pursuant to the Act, the Planning Board could not have denied the renewal of MetroPCS' Wireless Special Permit on this basis because, through the SiteSafe report, MetroPCS demonstrated that it had complied with the FCC regulations. See 47 U.S.C. § 332(c)(7)(B)(iv). Moreover, if the Plaintiffs believe that the Planning Board's conclusion that MetroPCS complied with the FCC regulations has adversely 17More accurately, Zoning Bylaw, § 8.9.4(f)(i), addresses Radiofrequency Radiation, requiring the applicant to demonstrate that "[a]ll equipment proposed for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation ... or any other applicable FCC guidelines and regulations." Id. In its Findings of Fact, ,the Planning Board found that, through a SiteSafe report dated November 30, 2011, MetroPCS had "demonstrated that the proposed wireless facility is in compliance with FCC regulations regarding Maximum Permissible Exposure ... limits ...." 2012 Board Decision, at 2. For the same reason as above, the Planning Board could not have denied the renewal of the permit on this basis. See 47 U.S.C. § 332(c)(7)(B)(iv). To the extent that the Plaintiffs rely on the antennas' alleged emission of radiofrequency radiation as the basis for their claim that their health is at risk, discussed above in section II.B.3, the Act precludes this claim as well. 18 affected them, they may petition the FCC for relief See 47 U.S.C. § 332(c)(7 )(Bl(v). ORDER. For the foregoing reasons, the Defendants' motions for summary judgment are ALLOWED. Date: July 25, 2013 19 Hudson 0D Design Groupuc July 21, 2009 Building Inspector Town of N. Andover 1600 Osgood Street N. Andover, MA 01845 Re: Wireless Telecommunication Site for METROPCS Site # BOS0380C 70 Elm Street N. Andover, MA Dear Sir: Representatives of Hudson Design Group LLC performed inspections during the construction of the MetroPCS telecommunications facility at the above -referenced address. The Final Inspection had been conducted on July 21, 2009. Our inspection was limited to the METROPCS equipment and antenna installation. Based on my knowledge, information and belief the completed construction substantially conforms to the approved plans, Massachusetts State Building Code (latest edition), Structural Standards for Steel Antenna Towers and Antenna Supporting Structures (ANSI/TIA/EIA-222-F) and the equipment manufacture's installation guidelines: 1. Final Construction Drawings dated 04-14-2009, prepared by Hudson Design Group LLC. All deviations from the approved plans do not endanger the intended occupancy of the facility and equipment substitutions are approved as equivalent to the original specifications. Construction has been satisfactorily completed. If you have any questions, comments or need further information, please do not hesitate to 1600 Osgood Street Building 20 North Suite 2-101 p: 978.557.5553 f: 978.336.5586 a: 1600 Osgood Street, Building 20 North, Suite 2-101, N. Andover, MA 01845 Date 6.....z.... e:t ...... TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that .So ............i!/�/ ��r� C/ has permission to perform .....�s �� ........ ` ` `' wiring in the building of .... ..... ' e� :!........... % .......... /f ....j.� .. ���. at ...... 7f................�z ............................... . North Andover, Mass. Fee � ? -- ... Lic. No. .........�%(r...... ELECTRICAL INSPECTOR Check # 3/Q _ 8794 �aunonwfaith � i iladOaChN4f�0 2S.parterent 45. . Siwk. BOARD OF FIRE PREVENTION REGULATIONS Official Use Only Permit No. Z% ,20—V_ Occupancy and Fee Chocked Rev. 1/071 (leave hlank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL All work to be performed in accordance- with the Massachusetts Electrical Code (MBC), 527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL NPORMATION) Date; City or Town of: AJAA)& 2 To th By this application the undersigned gives notice of his or her intention to perform Location (Street & Number) `-� o ELQ-A --,s,-. JUA)6 Z,,' Z00q WORK e Inspector of Wires; the electrical work described below. Owner'or Tenant 'T2(1urTA2119A/ •,,�>��,c�,,�qL Owner's Address "A 'L ELM 'S7- . a inw-1 1 A14YVI—If rl .e, eu., c Telephone N Is this permit in conjunction with a building permit? Yes ❑ No Q" (Check Appropriate Box) Purpose of Building CfUft'C'C'�( Utility Authorization No, Existing Service 200 Amps •i to / 2-40yoits Overhead [Y Und rd g ❑ No. of Meters Q New Service 4i7® Amps t?_t, /240 Volts Overhead ❑ Undgrd �' No. of Meters_ Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: -An (S011UA)G 11/O/i )6 o4Two c.�.U,yac07dV5 ItMA4 jN cAlLwti u . No. of Recessed Luminaires ••,•,• .a..,... ..w .,.mw.n No. of Cell.-Susp. (Paddle) Fans wwc aw oe raivea o rnf i roWlr+es. TrO. OF ormers KVA No. of Luminaire Outlets No. of Hot Tabs Generators KVA No. of Lamlaalres 2 Swimming Pooleve ❑ n- ❑ d. rnd. o. o mergency ng Batts Units No. of Receptacle Outlets 4.- No. of OR Burners FIRE ALAR�SN of Zones 2 - No. No. of Switches No. of Gas Burners o. o 1 iia tin Devices No. of Ranges No. �of Air Coad. Tuna No. of Alerting Devkes i No. of Waste Disposers pmp Totals: Number ons o. o a aed Detection/ e a Devices No. of Dishwashers Space/Area Headag KW Local ❑ Municipal ❑Other No. of Dryers Heating Appliances KW echo. of vicrity es or Equivalent No. o Water Heaters KW o. o o. o SI nes Ballasts DatsVArDevices or &Sulvalent No. Hydromassage Bathtubs No. of Motors Total HP ecommua es ons ns: No. of Devices or Equivalent 1 OTHER: J/ n� aaamami awaity anis or as rrgvaw oY me lwpsctor oj►hrrs. B4timated Value of Electrical Work: 10� (When regal W by UW04W policy.) Work to Start:S 111 Inspections to be roqueated in accordance with MBC Rule 10, and upon completion, INSURANCECOVERAGE: Unless waived by the owner, no permit for the perfo moe of electrical work mey issue unless the HoWee provides proof of lii:bility insurance including "completed operation" coverage or its subsUndal equivalent, The undersigned certifies that such covane is in force, end has exhibited proof of same to the permit issuing office, CIHBCK ONE: INSURANCE Lir BOND ❑ OTHER ❑ (Specify:) COO w der the paha and penald a of pe.0lary, (hat the k0 madon. on this applroadon Is Arae and ooxwkie. I+"IRM NAME: -JC--M W 'Ct' �0 • im. NO,: 2 o 22 S-/cN lUcensees' A ©„� Mt1�wb.11f �_ Signa(aro UQNO.: ZozZ57- t'iJ'q#kWb1e. enter " r" In On /!cense number Bus. Tel, No. 3 f Address: bS cA9 YJ 4A K0,a,n>lu /( 0*a 16c, Alt, Tel. No. ;.080 2 •Pet M.O.L.' c.147, s. 5761, security work requiros Department of Public Safety "S" Liloanse: Lio, No, OWNER'S IRSURANCE WAIVERt I on swam that the Lioetssee does not have the liability iasurrtnoe coverage aonnslq► mplrirodQnW�law. B aq► slgnsture below~ I hereby. waive Isis roquirement, I rim the (t>lseok one owner f. 's a 8iastare Telephone No.fa�3 3�i/ f PBl�MIT FB�'t rw. 4Q civ(, ( —2—t , -:0-1 The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 www, mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Name (Business/Organization/individual); J 1�j INSE L.�JC tjopr(�, (a)Qvo, Address: '6S (►ANbf A M C�3) 0 1J Phone Are u ;in employer? Check the appropriate box: I. LJ I am a employer with '_ 4 • ❑ I am a general contractor and I employees (full and/or part-time).* have hired the sub -contractors 2. ❑ I am a sole proprietor or partner- listed on the attached sheet. ship and have no employees These sub -contractors have working for me in any capacity, employees and have workers' [No workers' comp. insurance comp. insurance.t required.) 5. ❑ We are a corporation and its 3. ❑ I am a homeowner doing all work officers have exercised their myself. [No workers' comp. right of exemption per MGL insurance required.) t c. 152, § 1(4), and we have no employees. [No workers' comp. insurance required.] 3V — &-5 I Type of project (required): 6. ❑ New construction 7. ❑ Remodeling 8. ❑ Demolition 9. ❑ B ' ding addition 10. lectrical repairs or additions 1 L ❑ Plumbing repairs or additions 12.0 Roof repairs 13.❑ Other ;Any applicant that checks box 111 must also rill out the section below showing their workers' compensation policy information. kt Horneowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. AwAractors that check this box must attached an additional shed showing the name of the sub -contractors and state whether or not those entities have "VoYe"• tithe sub -contractors have employees, they must provide their workers' comp, policy number. Ion an employer that is providing workers' compensation insurance for my employees. Below is the policy and Job site tnf formation. Insutance Company Policy # or Self -ins. Lic. #: Expiration Date:_ May 1gt _1 Job Site Address: `ko eu, -ST , City/State/Zip: til lgWCJe?/L, ©1945 Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a Sue up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDERa tine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the OfTice of and Investigations of the DIA for inswance coverage verification. I do herebyunder the pains and penalties of perjuq that the tnformadon provided above !s true and oorraa OjkW use only. Do not write In this area, to be completed by elty or imm o&iat'. City or Town: PermitUcense tt Uning Authority (circle one): L Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector S. Plumbing Inspector 6. Other ContactPerson: Phone#: BUILDING DEPARTMENT (ommunity Development Division May 29, 2009 Planning Board Town of North Andover 1600 Osgood Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 RE: Proposed Wireless Service Facility of Omnipoint Communications, Inc. Trinitarian Congregational Church of North Andover 70 Elm Street (Map 42, Lot 2) North Andover, MA Dear Members of the Planning Board: I have reviewed the Wireless Service Facilities Section 8.9.3(c)(v)(1) of the Zoning Bylaw of the Town of North Andover, which reads in part: ...° A minimum setback of 600 feet shall be required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types." The aforementioned Section does not apply to the proposed installation at the Trinitarian Congregational Church of North Andover, as the proposed antennas will be installed within the existing church spire. Furthermore, Section 8.9.3(c)(v)(2) reads in part: ... "in the event that a preexistent structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexistent non -conforming structures, wireless service facilities and their equipment shelters shall not increase any non -conformity." Therefore, I am of the opinion that the Applicant does not need to petition the North Andover Zoning Board of Appeals for a variance under Section 8.9.3(c)(v)(1). Since the Trinitarian Congregational Church is located within the R4 zoning District, the yard setbacks are: 30'for front and rear setbacks, 15' for the right side setback and 20' (per footnote 8) for the left side setback from Cross Street. Sincerel , Gerald .Brown, Inspector of Buildings/Zoning Enforcement Officer cc: Mark Rees, Town Manager Curt Bellevance, Community Development Director Judith M. Tymon, Town Planner Thomas J. Urbelis, Town Counsel 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845 Phone 978.688.9545 fox 978.688.9542 Web www.townofnorthandover.com o 9 3 6 Date.....l ....... N- "'° '• " oTOWN OF NORTH ANDOVER a �a ._,r ._,• c F ° PERMIT FOR WIRING This certifies that ......... :�. '4. � P ............ .. r� .. `. ..�.. " ............... .... .... has permission to perform !Lf tin o ri c t ...................... ......j�....�.......... ..... wiring in the building of t i u� a ` •��'� �% at ....... r��................ . North Andoover,Mass...................................j/u;1'r,..Fee��Lic. f..... ...... '// / ELECTRICAL INSPECCOR WHITE: Applicant CANARY: Building Dept. PINK: Treasurer FORWARD -- , office use! Qnty uhi Lrum=niurdt IIf gasar#mItts Permit No. _ Y 3 gt;mrtznzrrt of Vuhilc -Fbafztq Occupancy & Fee)" C' 3194 (leave blank) BOARD OF FIRE PREVENTION REGULATIONS 527 C'S 12:00 APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massacnusetts Eiectricai Cade, 527 CMR 12:00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Oate or Tawn of NORTH ANDOVFR To the Insogglor gj Wir The udersigned acclies for a permit to p��orm th , a c:rtcat woy�c ribed below. MAP C� Lccation (Street 3 Numoer) Owr.er or Tenant I Q71 h1(t-, yz( Cwner's Adtress �"• r•- Is this permit ;n ccmur,cr.on w it ha building permit: Yes _ No _ (Check Aporecr,ate Ecxl urccse cf 3wiCirc k-ihLlt1c,1-1 Utility Autrcnzatien No Existing Ear:ice Amos r t/cits Overreac '_ Uncgrnc Vevv Service .-\mos `/tits Cverr,eac _ Uncgrna _ uumcer ct==e.ers arc Amcac:,y , c.. .. arc `1ature v ?rc_csec Eec:, cm 'Ncrx ©ills No. of Meters Nc. of Meters No. at Total No. a. _ • ..rg :utvets No. :. -... �_s K`:A Accve— .n - No. at = :tures Swvr:m ng ?cn, Ganeratcrs KVA No. at Emergency i_ignttrg No. a =____:ac:e Outlets No. at Cil 8u:^ers Battery Units No. cr Swrtcn. Outsets No. cr Ga3 __. .er5 I -tPE ALARMS No. cf =ones Total I No. ct Cetec::on arc No. c: Aarges No. ct Air _„rc. ters initiating Cavtces No.cr meat Total Total No. of Cisccsais ?amts 70ns <••V 14b. cr C,snwasners No. at -•ers ScacetArea r4eanr.c Nea::nc Cev:ces <w tcw No. at Scuncmq Cevtces No. at Seit Contatneo ! owec::aniSounctng Cevtces ! __cat - Munic:cai — Other C_nnec::cn i No. ct No. at I �._w ':cttage I No. ct :Vater-49aters <VI Sicrs 3atiasa Wir:ag I No. 7+4=7+4= ttassace ups Na. at !.totcrs Total �•+•c I NSUSANC= CC 1E?AGc. ?crsuant ;a tre recutrerrents at t . ssac-usat:s general '_aws _ 1 nave a cL;;rent _:acuity insurance ?cticy nc:uc:n4 C c �cerat ens --zverage cr ;is sues:anuat ecuwatent. YES. nave suamtrec vatic c.-oct ct same to T'S Otfics. YES v V NO - it "cu ,ave crecxea YE_. -tease mcicate :tie tyce of ccv rage =v cnecxtng :ne aec�;� nate :ox. —`tie lk% S iz 1, , 7 INSURANCE �' BCNO = O i HEF _ lP'ease S_ec:'y) K. l tratt ]ater Esurnatec Value of Etec:^cat Worx 5 !nscect:en Cate ?acues:ac: Rcug. nal y wcrx :a Star. S;gnea anter ae Pen&Uesp ,at ;ert rail: 11 =i'nM NAME o yj i L,p uC. NO. _censee `C U Sigr.atue C. NO. Bus. TeI. No. ACCress t �' - e Alt. Tet. `1o. OWNER'S iNSU-MRANCc WAIVER: I am awar :r.at ire ! :cen.see toes not nave me insurance coverage or is suostantiat eautvale � e^s�e� eutrea _vassacnusects General Lnn Laws. ane :nat y signature on :n:s cerrttt aeeucation waives :nis reautrement. C-& r e V (Please cnecx ones 5 etecncne No. ?EMIT F:=-=- Sier.ature ct Cwner cr .tgenn