HomeMy WebLinkAboutMiscellaneous - 764 Turnpike StreetIn
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Town of North Andover
. OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
KENNETH R. MAHONY
Director
August 21, 1995
Jillian Kindlund Aylward
C/O Craig and MaCauley
Professional Corporation
600 Atlantic Avenue
Boston, MA 02210
146 Main Street
North Andover, Massachusetts 01845
(508) 688-9533
to
L4,
VIA Fax and Certified Mail P406-914-746
Fax: 617-742-1788
RE: Rt. 114 -Adjacent to Jefferson Office Park - VIOLATIONS of the Massachusetts .
Wetlands Protection Act (M.G.L. Ch. 131, Sec. 40) and the Town of North Andover
Wetland ByLaw (Ch. 178 of the Code of North Andover).
Dear Ms. Aylward:
While it is the advice of legal counsel that the North Andover Conservation Commission (NACC)
may in fact pursue enforcement action against parties in bankruptcy when the status of public
health is in question, the Town of North Andover, by and through the North Andover
Conservation Department, hereby revokes and rescinds the Violation Notice dated July 21, 1995
and the Enforcement Order dated July 21, 1995 issued to you with respect to the above
referenced property ("Property").
Sincerely,
Michael D. Howard
Natural Resource/Land Use Planner
encl.
CC: DEP - NERO
NACC
Mr. Ken Mahoney, Town Manager
Sandra Stan, BOH Agent r/
BOARD OF APPEALS 688-9541 BUILDING 688-9545
Julie Pacrino D. Robert Nicetta
CONSERVATION 688-9530 HEALTH 688-9540
Michael Howard Sandra Starr
I
PLANNING 688-9535
Kathleen Bradley Colwell
Ij 1 h 19 9 11 0 ?uI 1,, F:.". I G i'+Ir.",�.� i L"T
CRAIG AND MACAU LEY
PROFESSIONAL CORPORAT16N
COUNSEi,LORS AT LAW
VIA TELECOPIER AND MAIL
Michael D. Howard
Natural Resource/Land Use Planner
Town of North Andover
Office of Community Development
& Services
146 Main Street
North Andover, MA 01845
FEDIERAL RESERVE PLAZA
600 ATLANTIC AVENUE
BOSTON, MASSACHUSETTS 02210
TELEPHONE (617) 367-9500
TELECOPIER (617) 742-17 5 8
August 16, 1995
Re: Site located on Route 114 adjacent to
Jefferson Office Park. North Andover, MA ("Property")
Dear Mr. Howard:
I have not received any response from you or your counsel
with respect to my letter to you dated August 2, 1995. On
August 15, 1995, the,United States Bankruptcy Court authorized
Jillian Kindlund Aylward, Chapter 7 trustee ("Trustee") of
Benjamin C. Osgood, to abandon any interest the bankruptcy
estate may have in the above -referenced property
("Property"). Accordingly, it is now beyond question that the
Trustee has absolutely no responsibility with respect to the
Property. In fact, the Court specifically stated that it
would be grossly inequitible for the Trustee and the
bankruptcy estate to be burdened with any such responsibility.
It is further beyond question that, pursuant to the
Bankruptcy Code, Benjamin C. Osgood has become vested with all
rights and responsibilities related to the Property, either as
trustee of the trust that owns the Property or as beneficiary
of such trust.
In light of the Bankruptcy Court's ruling, I must now
request that the Town of North Andover immediately revoke the
violation Notice and Enforcement Order that were issued to the
Trustee. The Town is free to pursue its remedies against Mr.
Osgood or other responsible parties, but has no rights to
pursue the Trustee. In fact, any actions that may be taken by
the Town against the Trustee would violate the automatic stay
provisions of 11 U.S.C. §362, would be void and would subject
the Town to damage claims.
Y
Ari 1 r. 19 11 it I .' M ��,r,f. I G 6 14' C.x.U- E
CRAIG AND MACAULEY
PROr6SSIONAL C0RP0MAYIdN
—2—
Please confirm to me in writing on or before August 21,
1995 that the Town has revoked the violation Notice and
Enforcement Order issued to the Trustee. Otherwise, the
Trustee will have no choice but to file a lawsuit against the
Town seeking damages and attorneys' fees for violations of the
automatic stay.
Enclosed for your convenience is a form of letter that
would be acceptable to the Trustee.
Sincerely,
�J
William R. Moorman, Jr.
WRM/pc9713U
enclosure
cc: Jillian K. Aylward, Trustee
Peter J. Roberts, Esq.
A
UNITED STATES BANKRUPTCY COURT
DISTRICT OF MASSACHUSETTS
In re: )
BENJAMIN C. OSGOOD, ) Case No. 93-18838-JNF
Chapter 7
Debtor. )
TRUSTEE'S NOTICE OF INTENDED ABANDONMENT OF PROPERTY
NOTICE IS HEREBY GIVEN, pursuant to 11 U.S.C. § 554, that
Jillian Kindlund Aylward, the Chapter 7 Trustee in the above -
captioned proceeding (the "Trustee"), intends to abandon such
interest as the estate may have (if any) in the properties and
entities listed in the attached Schedule A ("Interests").
1. A review of the Debtor's Schedules indicates that no
equity exists in the Interests. The Interests produce no
income for the estate.
2. Consequently, the Trustee believes that the Interests
are burdensome to the estate and are of inconsequential value
to the estate. Therefore, the Trustee intends to abandon the
Interests.
3. Any objection to the abandonment must be filed in
writing with the Court within 15 days of the mailing of this
notice. See Fed. R. Bankr. P. 6007.
JILLIAN KINDLUND AYLWARD,
CHAPTER 7 TRUSTEE
By her attorneys,
CRAIG AND MACAULEY
OFESSIONA,L CORPORATION
Dated: August 23, 1995 L �'
William Moorman, Jr. (bma02786)
Peter J. Roberts (bma04511)
Craig and Macauley
Professional Corporation
600 Atlantic Avenue
Boston, Massachusetts 02210
3464Z (617) 367-9500
I
16
� c'R E A
garage on approximately
and barn with
attached h Road, Morristown,
117 acres
1. House located on Stag
Vermont; of approximately
Lot on StagecoachwnoaVermontsting
sl
2• Morristown, 2 acres, Of about 4 acres,
3. Lot on Stag
ecoach Road, consisting
Morristown, Vermont; 6 acres,
a ecoach Road,
Vermont; consisting of about
q. Lot off stag
Morristown, ision in North
is in the Apple Hill subdivMeadowview Road;
5• 3_4 to located on Morningside,
Andover,
6. Charles Property Trust;
7. Dale Street Trust;
S. Island Piece Realty Trust;
9, Chestnut Street Realty Trust;
10, General Store Trust;
11. Luce Hill Realty Trust
12. Old Stone Mill Realty Trust
Osgood Mill Associates Realty Trust;
13. g
Osgood Richards Limited;
14.
15. Parsonage Hill Trust;
16. Able Realty Trust;
18
C ( 17. Trust;
Baker Realty
- C Trust;
(_ Charlie Realty
I- C
C , 19, Sandra Lane Trust;
K --Road Realty Trust;
20. Waverly
21. 114 Associates Realty
Trust;
22. Barker Street Realty Trust;
f
-2-
23. Weeks Hill Realty Trust;
24. Haul Road Realty Trust;
25. Haul Road Development Associates;
26. Forest Land Realty Trust;
27. W.O.R. Limited Partnership.
35682
UNITED STATES BANKRUPTCY COURT
DISTRICT OF MASSACHUSETTS
In re: )
BENJAMIN C. OSGOOD, ) Case No. 93-18838-JNF
Chapter 7
Debtor. )
TRUSTEE'S NOTICE OF INTENDED ABANDONMENT OF PROPERTY
NOTICE IS HEREBY GIVEN, pursuant to 11 U.S.C. § 554, that
Jillian Kindlund Aylward, the Chapter 7 Trustee in the above -
captioned proceeding (the "Trustee"), intends to abandon such
interest as the estate may have (if any) in the claims
("Claims") asserted by Benjamin Osgood ("Debtor") in the action
("Action") commenced in Essex Superior Court ("Court") and
entitled Anderson et al v Lawrence Savings Bank et al (C.A.
No. 88-2396).
1. On June 27, 1991, the Court entered summary judgment
against the Debtor in connection with the Claims. The judgment
is currently on appeal. After consultation with trial counsel,
the Trustee has determined that the likelihood of success on
appeal is small and does not justify the expense associated
with an appeal.
2. Consequently, the Trustee believes that the Claims are
burdensome to the estate and are of inconsequential value to
the estate. Therefore, the Trustee intends to abandon the
Claims.
r
-2-
3. Any objection to the abandonment must be filed in
writing with the Court within 15 days of the mailing of this
notice. See Fed. R. Bankr. P. 6007.
JILLIAN KINDLUND AYLWARD,
CHAPTER 7 TRUSTEE
By her attorneys,
CRA AND MACAULEY
,OFESSION'L CORPORATION
fir
Dated: August 23, 1995 1 V I J"
William R. Moorman, Jr. (bma02786)
Peter J.VRoberts (bma04511)
Craig and Macauley
Professional Corporation
Federal Reserve Plaza
600 Atlantic Avenue
Boston, Massachusetts 02210
3485Z (617) 367-9500
UNITED STATES BANKRUPTCY
DISTRICT OF MASSACHUSE1
In re: )
BENJAMIN C. OSGOOD, )
)
Debtor. )
Case No. 93-18838-JNF
Chapter 7
NOTICE OF BAR DATE FOR FILING PROOFS OF CLAIM
TO THE CREDITORS AND OTHER INTERESTED PARTIES IN THE ABOVE
CAPTIONED PROCEEDINGS:
Please take notice that in the pending Chapter 7
proceedings of Benjamin C. Osgood ("Debtor"), the`United States
Bankruptcy Court has established August 31, 1995 at 4:00 p.m.
(the "Bar Date") as the bar date for creditors and other
interested parties to file proofs of claim against the Debtor's
estate. A completed proof of claim must be received by the
Clerk, United States Bankruptcy Court, 1101 Federal Office
Building, 10 Causeway Street, Boston, Massachusetts 02222-1074
on or before the Bar Date.
Any creditor who does not file a proof of claim on or
before the Bar Date shall be forever barred from asserting a
claim against the Debtor and the Debtor's estate and the Debtor
and the Debtor's estate shall be forever discharged from any
and all indebtedness or liability to the holder of any such
claim and the holder of such claim shall not be permitted
-2 -
to participate in any distribution in the Debtor's proceedings.
Dated: July 31, 1995
3370Z
JILLIAN KINDLUND AYLWARD,
CHAPTER 7 TRUSTEE
By her attorneys,
CRAIG AND MACAULEY
P FESSIONAL CORPORATION
iV
W; l li am . Moorman; Jr. (bm.a02786)
Peter J. Roberts (bma04511)
Craig and Macauley
Professional Corporation
Federal Reserve Plaza
600 Atlantic Avenue, 29th Floor
Boston, Massachusetts 02210
(617) 367-9500
Town of North Andover
. OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
KENNETH R. MAHONY
Director
July 27, 1995
Mr. Joel Bard
Kopelman & Paige
101 Arch Street
Boston, MA 02110
146 Main Street
North Andover, Massachus
(508) 688-9533
RE: VIOLATIONS of the Massachusetts Wetlands Protection Act and local Wetland
ByLaw (RT. 114 adjacent to Jefferson Office Park).
Dear Joel:
Per my discussion with Kate Connolly, I am forwarding materials to your attention with regards
to the above referenced property location.
In summary, improper disposal of building debris and/or hazardous materials occurred within the
limits of a Bordering Vegetated Wetland (BVW). In conjunction with Sandra Starr, the Board of
Health Agent, we attempted to reach an agreeable solution with the landowner and mitigate
impacts to the environment (refer to the enclosed letter from the Board of Health). Lack of
cooperation and numerous delays has forced this Department to take additional measures.
Mr. Osgood, the former landowner, declared bankruptcy and the property was seized and is now
in the trust of Mrs. Jillian Aylward. Her attorney, Mr. Bill Moorman of Craig and MacAuley,
contacted my office in response to the enclosed correspondence. The Trust is attempting to
return the land to Mr. Osgood, who is not willing to accept it, through the courts. Mr. Moorman
has informed this Department that a hearing is scheduled for August 15, 1995. Please refer to the
enclosed documents for further clarification.
I am of the opinion that the Trust is the responsible party at this time. I have mandated a deadline
of noon on August 4, 1995 for filing a Notice of Intent with the North Andover Conservation
Commission (NACC) outlining proposed mitigating measures. I am anticipating that Mr.
Moorman will ignore this deadline and I would like to discuss additional steps with you in order
to insure compliance with the Enforcement Order.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D. Robert Nicetta Michael Howard Sandra Stair Kathleen Bradley Colwell
o
a
RE: VIOLATIONS of the Massachusetts Wetlands Protection Act and local Wetland
ByLaw (RT. 114 adjacent to Jefferson Office Park).
Dear Joel:
Per my discussion with Kate Connolly, I am forwarding materials to your attention with regards
to the above referenced property location.
In summary, improper disposal of building debris and/or hazardous materials occurred within the
limits of a Bordering Vegetated Wetland (BVW). In conjunction with Sandra Starr, the Board of
Health Agent, we attempted to reach an agreeable solution with the landowner and mitigate
impacts to the environment (refer to the enclosed letter from the Board of Health). Lack of
cooperation and numerous delays has forced this Department to take additional measures.
Mr. Osgood, the former landowner, declared bankruptcy and the property was seized and is now
in the trust of Mrs. Jillian Aylward. Her attorney, Mr. Bill Moorman of Craig and MacAuley,
contacted my office in response to the enclosed correspondence. The Trust is attempting to
return the land to Mr. Osgood, who is not willing to accept it, through the courts. Mr. Moorman
has informed this Department that a hearing is scheduled for August 15, 1995. Please refer to the
enclosed documents for further clarification.
I am of the opinion that the Trust is the responsible party at this time. I have mandated a deadline
of noon on August 4, 1995 for filing a Notice of Intent with the North Andover Conservation
Commission (NACC) outlining proposed mitigating measures. I am anticipating that Mr.
Moorman will ignore this deadline and I would like to discuss additional steps with you in order
to insure compliance with the Enforcement Order.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D. Robert Nicetta Michael Howard Sandra Stair Kathleen Bradley Colwell
Thanking you in advance.
Sincerely,
Michael D. Howard
Natural Resource/Land Use Planner
encl.
CC: Mr. Ken Mahoney, Director - Planning & Community Development
Sandra Starr, BOH Agent
NACC
FILE
KENNETH R MAHONY
Director
July 26, 1995
Town of North Andover NORTN
OFFICE OF ?0 t 90
COMMUNITY DEVELOPMENT AND SERVICES p
146 Main Street
North Andover, Massachusetts 01845 9SSAcHUS��
(508) 688-9533
Mr. Bill Moorman
Craig & MacAuley
600 Atlantic Avenue
Boston, MA 02210
RE: Rt. 114 Adjacent to Jefferson Office Park - VIOLATIONS of the Massachusetts
Wetlands Protection Act (M.G.L. Ch. 131, Sec. 40) and the Town of North Andover
Wetland ByLaw (Ch. 178 of the Code of North Andover).
Dear Sir:
Per our phone correspondence on July 24, 1995, I am forwarding to you a revised Enforcement
Order and Violation Notice for the above referenced property. Please note that the date has been
corrected.
The following issues remain outstanding:
• A report from a reputable environmental consulting firm verifying the presence of hazardous
waste has not been submitted to this Department;
• A copy of the deed has not been forwarded to this Department;
• A Notice of Intent with outlined mitigation measures has not been forwarded to this
Department (a deadline of 12:00 p.m. on Friday, August 4, 1995 has been established).
Furthermore, I am of the opinion that the Trust is the responsible party at this time. Until I am
persuaded or directed otherwise the deadlines and conditions set forth in the enclosed
Enforcement Order stand. Your future cooperation with regards to this matter is appreciated.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D. Robert Nicetta Michael Howard Sandra Stag Kathleen Bradley Colwell
Sincerely,
Michael D. Howard
Natural Resource/Land Use Planner
encl.
cc: Mr. Ken Mahoney, Director of Planning & Community Development
Sandra Starr - BOH Administrator
NACC
DEP-HERO
FILE
Town of North Andover f NORTIy ,
o t�o
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES ° : A
146 Main Street is 01�r40- y (y
KENNETH R. MAHONY North Andover, Massachusetts 01845 9SSACHUs��
Director (508) 688-9533
VIOLATION NOTICE
Issued from: North Andover Conservation Commission (NACC)
Issued to: Jillian K. Aylward, c/o Craig & MacAuley
Date: July 21, 1995 DEP #: N/A
Location/Property: Rt. 114 adjacent to Jefferson Office Park
The NACC has determined that the activity described below is in violation of the Massachusetts
Wetlands Protection Act (M. G.L. Ch. 131, Sec. 40) and/or the Town of North Andover Wetlands
Protection ByLaw.
EXTENT AND TYPE OF ACTIVITY:
• Alteration of an Area Subject to Protection Under the Act (310 CMR 10.02 (1)(a));
• Building debris and potentially hazardous material illegally placed in a Bordering Vegetated
Wetland (BVW).
If this violation is not immediately addressed as required below, an ENFORCEMENT ORDER
will be issued, which may include a stop work order, which may be followed by legal action.
REQUIRED ACTION:
• Refer to Enforcement Order and correspondence enclosed herein and made a part hereof
dated July 21, 1995.
Questions concerning this violation notice should be directed to the North Andover Conservation
Department, Town Hall Annex, 146 Main Street, or by calling (508) 688 - 9530.
Signature:
Sig ,
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Panino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell
Town of North Andover
. OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
KENNETH R. MAHONY
Director
July 21, 1995
Ms. Jillian K. Aylward
C/O Craig & MacAuley
600 Atlantic Avenue
Boston, MA 02210
146 Main Street
North Andover, Massachusetts 01845
(508) 688-9533
RE: Rt. 114 Adjacent to Jefferson Office Park - VIOLATIONS of the Massachusetts
Wetlands Protection Act (M.G.L. Ch. 131, Sec. 40) and the Town of North Andover
Wetland ByLaw (Ch. 178 of the Code of North Andover).
Dear Ms. Aylward:
Visual inspection of the above referenced property location on March 31, 1995 revealed
violations of the Massachusetts Wetlands Protection Act and local wetland ByLaw. Any activity
proposed or undertaken within an area specified_in the Act (3 10 CMR 10.02)(1)(a) which will
remove, fill, dredge or alter that area is subject to regulation under M.G.L. c.131 SAO and
requires the filing of a Notice of Intent with the Conservation Commission.
Furthermore, any activity proposed or undertaken within 100' of an area specified in 310 CMR
10.02 (1)(a) (hereinafter called the Buffer Zone) which in the judgment of the issuing authority,
will alter an Area Subject to Protection under M.G.L. c.131 s.40 is subject to regulation and also
requires the filing of a Request for Determination and/or a Notice of Intent.
It is the opinion of this Department that an unknown quantity of debris and potentially hazardous
material has been illegally deposited within the limits of a Bordering Vegetated Wetland (BVW).
Under the local ByLaw a violation of this magnitude is subject to a $300.00 per day fine. Each
day that the violation is not rectified is constituted as a separate offense and subject to additional
fines. At this time I am not issuing a fine, however, the following conditions shall be imposed-
• Employ an environmental consultant or other qualified personnel to evaluate the site
for the presence of hazardous materials (selected personnel shall be approved by this
Department prior to initiating work);
• File a Notice of Intent with the North Andover Conservation Commission (NACC) by
12:00 p.m. on Friday, August 4, 1995 outlining mitigating measures;
• Cease and desist from further alteration of the BVW;
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell
Your future cooperation with regards to this matter is appreciated. If you have any questions or
concerns please do not hesitate to contact this office.
Sincerely,
Michael D. Howard
Natural Resource/Land Use Planner
encl.
cc: Sandra Starr, BOH Administrator
Ken Mahoney, Dir. CD&S
DEP - NERO
NACC
File
310 CMR 10.99
Form 9
Commonwealth
of Massachusetts
Rte. 114, Adjacent to Jefferson Office Park
Enforcement Order
Massachusetts Wetlands Protection Act, O.L. c. 131, §40
AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5
DEP File No. N/A
(Ta be provided by DEP)
C,iy.jow„ North Andover, MA
aoatmant Jillian K. Aylward
c/o Craig & MacAuley
From North Andover Conservation Commission Issuing Authority
To Jillian K. Aylward c/o Craig & MacAuley
Date of Issuance July 21, 1995
Property lot/parcel number, address Rte. 114, Adjacent to Jefferson Office Park
Extent and type of activity:
• ALTERATION OF AN AREA SUBJECT TO PROTECTION UNDER THE ACT (310CMR 10.02 (1) (a) );
BUILDING DEBRIS AND POTENTIALLY HAZARDOUS MATERIAL ILLEGALLY PLACED IN A BORDERING
VEGETATED WETLAND (BVW).
The North Andover Conservation Commission has determined that the activity described
above is.in violation of the Wetlands Protection Act. G.L c. 131, §40. and the Regulations promulgated pur-
suant thereto 310 CMR 10.00. because:
ZK Said activity has beeniis being conducted without a valid Order of Conditions.
G Said activity has been/is being conducted in violation of an Order of Conditions issued to
. dated
File number 242— Condition number(s)
Other (specify) ,
The North Andover Conservation Commission hereby crCers the following:
• JXX The property owner. his acents. permittees and all others shall immeciately cease ano cesist !rem fur -tier
activity affecting the wetland portion of this property.
ZX Wetland alterations resulting from said activity shall.be corrected and the site returned to its original con-
dition.
lai
Abd
North Andover Conservation Commission
issued by
ons
e filed
ri
XxX Completed aoollcatlon forms and plans as re u'Commissi cAorr belorelat1Aug- 411 b1995 "'((cane' •
North Andover Conservation8
and no lurtner work shall be performed until a public nearing nas been held and
nOfrf icecier ( Conditions
has been Issued to regulate said work. Application forms are available at:
fxXThe property owner shall take every reasonable step to prevent further violations of the act
Other (soecity)
1. EVALUATE WASTE/DEBRIS FOR THE PRESENCE OF HAZARDOUS MATERIALS;
2. FILE A NOTICE OF INTENT WITH PROPOSED MITIGATING MEASURES ON OR BEFORE
AUGUST 4, 1995.•
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap-
ter 131. Section 40 provides:
uished by a fine of not more
Whoever violates any provision of this secrllsonmenton shall btarno, more than two years o both
than twenty-five thousand dollars or by Imp
Each day or portion thereof of continuing violation shall constitute a separate offense.
Mr. Michael Howard
Questions regarding this Enforcement Order should be directed to:
North Andover Conserva ion Commission •
Issued by
Signature(s) _y (Administrator) Michael D. Howard
P 406 914 735
t5iinature of del,ver\- oerson
cr certilied mail numeerl
C: Department of Environmental Protection
Wetlands Division
10 Commerce Way
Woburn MA 01801 •
HOR Try '1
BOARD OF HEALTH
Jillian K. Aylward
C/O Craig & MacAuley
600 Atlantic Avenue
Boston, MA 02210
Dear Ms. Aylward:
120 MAIN STREET TEL. 682-6483
NORTH ANDOVER, MASS. 01845 Exc23
April 6, 1995
A recent inspection on March 31, 1995 by personnel of the
North Andover Board of Health and Conservation Commission of a site
on Route 114 near Jefferson office Park found a large amount of
illegally dumped building debris. This debris included asphalt
roof shingles, doors, lumber, concrete, roofing tar, fiberglas
insulation, automobile and bicycle tires, sheet rock, doors, cinder
blocks and other miscellaneous items. Upon calling the owner, Mr.
Benjamin Osgood, Sr. we were directed to send this letter to you as
owner/receiver of this property.
Please be advised that it is a violation of 105 CMR 410.602(A)
and M.G.L. 111, Section 150A to dispose of solid waste in an
unapproved site. This site must be cleared of all debris, disposed
of in an acceptable landfill and a locked gate installed to prevent
further dumping at the site within thirty (30) days of receipt of
this letter.
If you have any questions, please do not hesitate to call the
Board of Health office at 508-688-9540 between 8:30 and 4:30 Monday
through Friday.
Sincerely,
Sandra Starr, R.S.
Health Administrator
cc: Ken Mahoney, Dir. CD & S
B. Osgood, Sr.
M. Howard, NRP
BOH
File
JUL 2 6 IM
Town of North Andover
. OFFICE OF !.._.=
COMMUNITY DEVELOPMENT AND SERVICES
KENNETH R. MAHONY
Director
Issued from:
Issued to:
Date:
Location/Property:
146 Main Street
North Andover, Massachusetts 01845
(508) 688-9533
VIOLATION NOTICE
North Andover Conservation Commission (NACC)
Jillian K. Aylward, c/o Craig & MacAuley
June 21, 1995 DEP #: N/A
Rt. 114 adjacent to Jefferson Office Park
&DI
L.
O A
1� •
•x(.09 ,`° •
The NACC has determined that the activity described below is in violation of the Massachusetts
Wetlands Protection Act (M.G.L. Ch. 131, Sec. 40) and/or the Town of North Andover Wetlands
Protection ByLaw.
EXTENT AND TYPE OF ACTIVITY:
• Alteration of an Area Subject to Protection Under the Act (310 CMR 10.02 (1)(a));
• Building debris and potentially hazardous material illegally placed in a Bordering Vegetated
Wetland (BVW).
If this violation is not immediately addressed as required below, an ENFORCEMENT ORDER
will be issued, which may include a stop work order, which may be followed by legal action.
REQUIRED ACTION:
• Refer to Enforcement Order and correspondence enclosed herein and made a part hereof
dated July 21, 1995.
Questions concerning this violation notice should be directed to the North Andover Conservation
Department, Town Hall Annex, 146 Main Street, or by calling (508) 688 - 9530.
Signature:
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino �•� v D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell
310 CMR 10.99
Form 9
Commonwealth
of Massachusetts
DEP Fite No. N/A
(To be provided by DEP)
City -Town North Andover, MA
Acoticant Jillian K. Aylward
c/o Craig & MacAuley
Rte. 114, Adjacent to Jefferson Office Park
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5
From North Andover Conservation Commission
To Jillian K. Aylward c/o Craig & MacAuley
Date of Issuance July 21, 1995
suing Authority
Property lot/parcel number. address Rte. 114, Adjacent to Jefferson Office Park
Extent and type of activity:
ALTERATION OF AN AREA SUBJECT TO PROTECTION UNDER THE ACT (310CMR 10.02 (1) (a) );
BUILDING DEBRIS AND POTENTIALLY HAZARDOUS MATERIAL ILLEGALLY PLACED IN A BORDERING
VEGETATED WETLAND (BVW).
The North Andover Conservation Commission has determined that the activity described
above is.in violation of the Wetlands Protection Act, G.L. c. 131, §40, and the Regulations promulgated pur-
suant thereto 310 CMR 10.00, because:
NEK Said activity has beenlis being conducted without a valid Order of Conditions.
G Said activity has been/is being conducted in violation of an Order of Conditions issued to
dated
Fife number42 .2— Condition number(s)
_.� Other (specify)
The North Andover Conservation Commission hereby orders the following:
XXX The property owner, his scents, permittees and all others shall immediately cease and desist from furrier
activity affecting the wetland portion of this property.
XNX Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
North Andover Conservation Commission
issued by
reqred bv the Ac', and X%X Completed application forms and plansationulComotat'shallons
missi0f)or beforeAug. 4be hied v,It
1995 Intel
North Andover
and no furtner work shall be performed until a public nearing rias been heldNACCano nOfOrf iceaer t Conditions.
has been issued to regulate said work. Application forms are available at:
xXXThe property owner shall take every reasonable step to prevent further violations of the act
Other (specify)
1. EVALUATE WASTE/DEBRIS FOR THE PRESENCE OF HAZARDOUS MATERIALS;
2. FILE A NOTICE OF INTENT WITH PROPOSED MITIGATING MEASURES ON OR BEFORE
AUGUST 4, 1995.•
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap•
ter 131. Section 40 provides:
Whoever violates any provision of this section nmentshall bor not moee than two years o both
d by a fine of not more
than twenty-five thousand dollars or by P
Each day or portion thereof of continuing violation shall constitute a separate ottense.
Mr. Michael Howard
Questions regarding this Enforcement Order should be directed to:
Issued by North Andover Conserve ion ,CommisS
Signature(s)
(Administrator) Michael D. Howard
C: Department of Environmental Protection
Wetlands Division
10 Commerce Way
Woburn MA 01801
P 406 914 735
(Signature of deliver\' oerson
or certihed mail number)
Town of North Andover 01 NORTH
OFFICE OF 3� -1 1 to , L
COMMUNITY DEVELOPMENT AND SERVICES A
146 Main Street QOA�TFOµ�PP`y �y
KENNETH R. MAHONY North Andover, Massachusetts 01845 9SSACHUs��
Director (508) 688-9533
June 21, 1995
Ms. Jillian K. Aylward
C/O Craig & MacAuley
600 Atlantic Avenue
Boston, MA 02210
RE: Rt. 114 Adjacent to Jefferson Office Park - VIOLATIONS of the Massachusetts
Wetlands Protection Act (M.G.L. Ch. 131, Sec. 40) and the Town of North Andover
Wetland ByLaw (Ch. 178 of the Code of North Andover).
Dear Ms. Aylward:
Visual inspection of the above referenced property location on March 31, 1995 revealed
violations of the Massachusetts Wetlands Protection Act and local wetland ByLaw. Any activity
proposed or undertaken within an area specified in the Act (3 10 CMR 10.02)(1)(a) which will
remove, fill, dredge or alter that area is subject to regulation under M.G.L. c.131 s.40 and
requires the filing of a Notice of Intent with the Conservation Commission.
Furthermore, any activity proposed or undertaken within 100' of an area specified in 310 CMR
10.02 (1)(a) (hereinafter called the Buffer Zone) which in the judgment of the issuing authority,
will alter an Area Subject to Protection under M.G.L. c.131 s.40 is subject to regulation and also
requires the filing of a Request for Determination and/or a Notice of Intent.
It is the opinion of this Department that an unknown quantity of debris and potentially hazardous
material has been illegally deposited within the limits of a Bordering Vegetated Wetland (BVW).
Under the local ByLaw a violation of this magnitude is subject to a $300.00 per day fine. Each
day that the violation is not rectified is constituted as a separate offense and subject to additional
fines. At this time I am not issuing a fine, however, the following conditions shall be imposed:
• Employ an environmental consultant or other qualified personnel to evaluate the site
for the presence of hazardous materials (selected personnel shall be approved by this
Department prior to initiating work);
• File a Notice of Intent with the North Andover Conservation Commission (NACC) by
12:00 p.m. on Friday, August 4, 1995 outlining mitigating measures;
• Cease and desist from further alteration of the BVW;
BOARD OF APPEALS 688-9541 BMDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Pan ino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell
Your future cooperation with regards to this matter is appreciated. If you have any questions or
concerns please do not hesitate to contact this office.
Sincerely,
Michael D. Howard
Natural Resource/Land Use Planner
encl.
cc: Sandra Starr, BOH Administrator
Ken Mahoney, Dir. CD&S
DEP - NERO
NACC
File
BOARD OF HEALTH
Jillian K. Aylward
C/O Craig & MacAuley
600 Atlantic Avenue
Boston, MA 02210
Dear Ms. Aylward:
120 MAIN STREET TEL. 682-6483
NORTH ANDOVER, MASS. 01845 Ext23
April 6, 1995
A recent inspection on March 31, 1995 by personnel of the
North Andover Board of Health and Conservation Commission of a site
on Route 114 near Jefferson Office Park found a large amount of
illegally dumped building debris. This debris included asphalt
roof shingles, doors, lumber, concrete, roofing tar, fiberglas
insulation, automobile and bicycle tires, sheet rock, doors, cinder
blocks and other miscellaneous items. Upon calling the owner, Mr.
Benjamin Osgood, Sr. we were directed to send this letter to you as
owner/receiver of this property.
Please be advised that it is a violation of 105 CMR 410.602(A)
and M.G.L. 111, Section 150A to dispose of solid waste in an
unapproved site. This site must be cleared of all debris, disposed
of in an acceptable landfill and a locked gate installed to prevent
further dumping at the site within thirty (30) days of receipt of
this letter.
If you have any questions, please do not hesitate to call the
Board of Health office at 508-688-9540 between 8:30 and 4:30 Monday
through Friday. .
Sincerely,
Sandra Starr, R.S.
Health Administrator
cc: Ken Mahoney, Dir. CD & S
B. Osgood, Sr.
M. Howard, NRP
BOH
File
BOARD OF HEALTH
Jillian K. Aylward
C/O Craig & MacAuley
600 Atlantic Avenue
Boston, MA 02210
Dear Ms. Aylward:
120 MAIN STREET TEL. 682-6483
NORTH ANDOVER, MASS. 01845 Ext23
April 6, 1995
A recent inspection on March 31, 1995 by personnel of the
North Andover Board of Health and Conservation Commission of a site
on Route 114 near Jefferson office Park found a large amount of
illegally dumped building debris. This debris included asphalt
roof shingles, doors, lumber, concrete, roofing tar, fiberglas
insulation, automobile and bicycle tires, sheet rock, doors, cinder
blocks and other miscellaneous items. Upon calling the owner, Mr.
Benjamin Osgood, Sr. we were directed to send this letter to you as
owner/receiver of this property.
Please be advised that it is a violation of 105 CMR 410.602(A)
and M.G.L. 111, Section 150A to dispose of solid waste in an
unapproved site. This site must be cleared of all debris, disposed
of in an acceptable landfill and a locked gate installed to prevent
further dumping at the site within thirty (30) days of receipt of
this letter.
If you have any questions, please do not hesitate to call the
Board of Health office at 508-688-9540 between 8:30 and 4:30 Monday
through Friday.
Sincerely,
Sandra Starr, R.S.
Health Administrator
cc: Ken Mahoney, Dir. CD & S
B. Osgood, Sr.
M. Howard, NRP
BOH
File
CRAIG AND MACAUL
PROFESSIONAL CORPORATION
COUNSELLORS AT LAW
VIA TELECOPIER AND REGULAR MAIL
(508) 688-9542
Sandra Starr, R.S.
Health Administrator
Board of Health
120 Main Street
North Andover, MA 01845
FEDERAL RESERVE PLAZA
600 ATLANTIC AVENUE
BOSTON, MASSACHUSETTS 02210
TELEPHONE (617) 367-9500
TELECOPIER (617) 742-17 8 8
Re: In re Benjamin C. Osgood;
Chapter 7 -- Case No. 93-18838-JNF
Dear Sandra:
June 21, 1995
The Bankruptcy Court today continued the hearing
concerning the abandonment of interests in the site off of
Route 114 near Jefferson Office Park ("Property"). The
hearing was continued until August 15, 1995.
Due to the continuance, the Bankruptcy Trustee requests
that the Board of Health and the Conservation Commission agree
to forbear from taking any further action concerning the
Property until September 1, 1995.
Please acknowledge your assent below where indicated, and
return the same to me.
Thanks again for your cooperation.
S111FIcerely,
A
P ter Roberts
PJR:nel:3447Z
AGREED:
CRAIG Ai\'--) NIACAULEY
COUK'Sr.L-LORS AT LAW
VA ALWATEIR
wa) as 1342
Sandra SLArr, R.S.
Health Administrato--_
solid of KOM',
120 Main Street-,
North Andover, MA 0160,
Re: in re Benjamin C. Dsgoca;
Mpter.2,V7 We
DeaL sandca:
NV U89 K 21"
FEDERAL REMRVE PLAZA
P,USTON. f-11A$'_-,.1k?0HQ5FTTS- 02210
74k O'SYS
junt 21, LOW,,
The Bankruptcy Court today continued the nearing
concerning the abandonment of interests in the We OLE Of
Route 114 near Jefferson Oftice Park ("Property"). The
hearing was continued until August 15, 1995.
Due to the continuance, the Bankruptcy Trustee requests
that the Board of Health and the Conservation Commission agree
to forbear from taking any further action concerning the
property until September 1, 19M
Please acknowledge voux assent weiow wnere indicatei; dnd
return the same to me,
Thanks again for your cooperation.
it! Koh- 1 r,-
P3R:neA:?441z
AURKEW f
UNITED STATE'S BANKRUPTCY' (COUPT.,(Ir
DISTRICT OF
.kn
BENJAMIN C. OSGOOD;
Casse No.
Chapter 7)
A'- IVIDAVIT OF SANDRA STARR
1, Sandra Sta.rr, hereby depose, and state under tte plains
and penalties of perj,,iry the followinqi
1. 1 am, employed as a healith adrainistxator toi. then Boavft
:if Sealt-In of the Town of North Andover,
(;f liealth") YKY djties as a health adniinistrato.r include
investigating complaints concerning suspected incidents ot
2. On VlarCh- 31, 1995, 1 --onduC,ted. an inspection of a SitsL
Qin Route 114. near Jefferson Office Park in North Andover,
Massachusetts ("Property"). I was A-Ccorapaniad on the
%-
inspection by represent at ives OfL the Conservation Corrum-L.ssion or
the Town ol" North .1'indover ("Co n.mission"')' .
3. Dur-ino rmy inspectic,,r, d.Lsscoveted
("Debris") on t. -he. Prooerty. During My 17 - 5
n pect,ton, I a1sn'
1 '.
�j served a sign on, t1hp. Property why,.r, read For Sa le - of JQp-
TR&D -- .1 n d u,,7, t r a I - 113p To 310,000 SQ; F -
0s d 1) v•Forst Th(-- sign also listed a phone n."'Umber koi:
Yalu C"
r
4, Upon my return 'L' -c; 'Che of fire after the inspection of
the Property, 1 to I ephoned the phone number listed on t~h.e.
si.on. When my call. was answered, i stated that I toad seen the
sign on the Property and that I was interested 1,11 tr.e
Property. The party at the other end of the Iine icient-A ied
himself -�s Benjamin Osgood, 1., anCl stated :hat he was the
owner cf the Propert_y.. After I identified r�yseit as a health
administrator for file Board of Healah and complained about the
Debris, Mr. Osgood referred :ne to Jillian K. Aylward
C.t lT'ruS L'ee" f for any further information on the Property.
5. 1 have reviewed the Trustee's i•otj-e.e of Intended.
Abandon-ment Of Property � °'i�ot�cT�°°) , filed in the
above-captioneu proceeding on May 8, 1995., I understand that
the Notice concerns the Property.
6. It is my opinion that the Debris on the Property dop-s
nonose an imminent and identifiable `hazard to t
r, he Public's
safety. In light of the Trustee's intent to aoano<'r, she
Property, th.e Board of Health and the Conservat jinn C1o.rrtmjss4.on
do not intend to tale any- u,rt-her acllcion wil th regard I.o the
Pro ertY before J"'une sys 1":
'17 , F
,fl rj, L CO)
1� IL L4 rk� [f�DPI, LF!L�n� [-r� U T', KI --V ii � T! 1 11 L;�,\ U= C,�,
FR(-.)N'I: CRAIG AND NMIACA; ULEY PROFESSIONAL CORPORATION
600,,%TLANr11C,VV ENU1-, BOSTON, MIA422'10
COMPANY.
21
ATTEN'TIO
JN:
F,.Ikx NO,:
T iESSAGF:
SENDER:
CON11DEN"11AUry NOTICE
The document(s) accompanying this fax contain confidential information which is logafly privileged
The information is intended only for the use of the intended recipient named above. If you are not the
intended recipient, you are hereby notified that any disclosure, copying, distnibution or the taking of any
action in reliance on the contents of This telecople:d information except its direct delivery to the intended
i recipient named above is strictly prohibited, If you have received this fax in error, please notify us
immediately by telephone to arrange for retmr, of the original documents to us.
THE FOLLOWING TR--ANSM1T7AL CONSISTS OF - 7021 --- PACES
'Not indu
ding this, cover page)
ACKNOWLEDGEMENT OF RECEIFTOF THIS TRANSMISSION
I �
IS L -J IS NOT 911 REQUEST :
ACKNOWLEDGE VIENT OR INQUIR-ILES CAN BE XIADE BY:
Telephone: (617) 367-9500 e Telecopier- (6I 7) 7427-1788 OR U517) 248-`886
'
DATE TRANS MITEE'D TITME'IRANSM-rl-TED
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C &- M! plosmil (big i),
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F 9' CRAIG AND MA.C:AC,LEY PROFESSIONAL C OIZPO TION
6Cft t ,(`' r` ►' ° AYENII E, BOSTON, SIA 0'22111,0
CO N�IR/kNY-
FAQ : rp, �
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' S A a.
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The document(s) accompanying this fax contain confidential information which is legally privileged. I
The information is intended only for the use of the intended revipient named above. If you are not Che
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recipient named above is strictly prohibited, if you have received this fax in error, p1me notify us I
:n.are-iiately 6y teleptione to arrange trr return of the original documents to us. I
THE FOLLOWING TRANSMIT` AL CONSISTS SIST'S OF r�,` �" PAGES
( lot it Ach.1di_ng i, `•.: v 9P i✓& page)
R�
ACKNOWLEDGEMENT OF RECEIPT OF THIS TRANSMISSION
IS IS NOT R. YTED-
ACKNOWLEDGE ENT OR INQUIRIES CAN BE MADE BY:
Telephones (617) :367-9500 elecopip.ro ,617) 742-1.788 OR (617) 248-0886
DATE TTS.ANSmirrE _ . !F> :.�. _� ` TIME TRANSTMITFED
.fir
M BA 0 S to
/9
° •E
POR FESS I p MAI. GORR4 R AT I ON
COUN5F-t_LCRS AT LAW
(508) 668-9542
Sandra , to r, R.S.
Roabrd of Health
420 Main Street
.NOT-th Andover, Y-,4 UII345
Re.. in re berijamir� C— Osgood,
Dear andra r
1 , L
PK'OER.4L PE'SERVE RLAEA
50Q ATL -ANTIC Av�.ri iE.
ON h9AaYACHU$rTTS OPNC)
:r
-I- ! -;-, F° f tE Z I C-, I'?) '; .1 - 17 _n F9
Te.I.ec --Died herewith is a draft form of afficiavi,t for your
r.e,a:pw. . would appreciate it if you could coli tree with you;
Ct--It`L'MLent.s at your earliest convenience.
Thanks for your cooperation in this matter.
7 G
y
DTSTRICT OF
r
z
BENJAMIN C. OSGOOD, j Case No. 93-18 ;3€)-JNI:'
I, Sancjra Starr, hereby devoso and state unci__I: the jai r;
and genal.ti.e;; of periury thie fo:+_lowing:
1. I am employed a. a health adta nistrator for tho Bo-a,_cj
of Health of the mown of North Andover, Massachusetts ("Board
of Health"), My duties as a health administrator include
conducting inspections of vacant land sires throughout- they
Town, and enforcing compliance with state regulations on public
hfi alth.
2. On March 31., 1.995, Y conducted art inspecticr of a site
on Route 114 near Jefferson. -Office park in North Andover,
Massaohusett.s I was accompanied on the
inspection by representatives of the Conservation Commission O.L.
the Town of North Andover. (s C: mmitiss1 onsi )
3. Duri.t?q my inspection:, i discoveLed buiiuinldebris
( "Debris") on the Property. During my inspection, I also
observed a s.,qn on the Property wn.A;,t. read. "for Sale - Ot- t ice -
Rt�� - Indu_i.rial TJp 1-, 3;�,UGC S k ' rliI F31 iICI 'To Sint,
Osgood Dev. & Mgt." she sign also listed a p!`lf.neual*er for
1 n,gi1 i t. 3.�zlS .
7- T 7 1VT
J
4. Upon My retu n tO Of f iCetaf !-�er the in ,pecrion of
the Property, I tc--Jephored the phcne niazmber .1isted. on tne
sign. When my Ca! was answered., 11 st-ited thdit I had seen the
sign on tne Propert,,.r tha—t I was Jnl-"cre6tred In t -he
;�1!13 4
Propelr'ty, The party at tile oth_ of I e line 4.d
h i m 8 e I t a s B -i
0' -Mer of tl e Property. After I -.uculj, I f ied mys(--:, ii t a e th
adati ni strato r f or the Boa rd Ct anal compi a inen about. the.
De-DriSl W. OS900d re.fetiMr.1 MO. �-,Ie) K. Ay.j-W3ra
("T.rustee") for any fuTtrheT iriforor. or, �-he. Propert,
51 1 have reviewed the Trustee's :N'oLice Of Intended
Of, Property ("Noticell), f-Lle,-- in t'
Abandonment 4 L the
above -captioned proceeding on 11 -lay 8, 1995. 1 understQ--nd *Chkat
the NotCle coilCe-1 111s,thie, Jr -'rope rtyz
66 It is my opinion that the. Debr-Ls on tbp Pro-perty doss
not- pose an mmirtert anc i.dentLf i able hazard tO the PL11"11"C's
safety. Ir 11 ght of the Tr,.,.s t ee , -,-, Intent to abancion t- �tc,
Property, the Board of Health and. the Cotjs-rvatllon
do not inter,.-Ld tc,E 11-.ake eny fL,.r4,-hR-T actj(,-n with reqard to the
Signed under tp
he ains aztc: -Pena jl.ti es cr per-)U-I'v t1lis RV 7W
WaIMMEFIM wan
%J
A C'A UL. E Y
N U
P.0 t" A.S� SAC H u -SC77 '15 OL, 0
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15
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L '"vin yc�v; w I a -,j b p c, An a
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e4U"
Addressee:
From:
TOWN OF NORTH ANDOVER
HEALTH DEPARTMENT
120 MAIN STREET
NORTH ANDOVER, MA 01845
Telefax Transmittal Form
June 20, 1995
Date
Name: Peter Roberts, Esq., Craig & Macauley
Firm:
Street:
City, State, Zip: Boston, MA
Telefax phone number: (617) 742-1788
Town of North Andover
Health Department
120 Main Street
North Andover, MA 01845
Telephone # (508) 682 -6483 -Ext. 32
Telefax # (508) 682-2996
Total number of pages, including transmittal form 3
If you do not receive all pages, notify sender immediately.
Additional Comments:
max: reRotM _.
UNITED STATES BANnUPTCY COURT
DISTRICT OF MASSACHUSETTS
In re:
BENJAMIN C. OSGOOD, ) Case No. 93-18838-JNF
Chapter 7
Debtor. )
AFFIDAVIT Of' SANDRA STARR
I, Sandra Starr, hereby depose and state under the pains
and penalties of perjury the following:
1. I am employed as a health administrator for the Board
of Health of the 'town of North Andover, Massachusetts ("Board
of Health"). My duties as a health administrator include
investigating complaints concerning suspected incidents of
illegal dumping.
2. On March 31, 1995, I conducted an inspection of a site
on Route 114 near Jefferson Office Park in North Andover,
Massachusetts ("Property"). I was accompanied on the
inspection by representatives of the conservation Commission of
the Town of North Andover ("Commission.").
3. During my inspection, I discovered building debris
("Debris") on the Property. During my inspection, I also
observed a sign on the Property which read "For Sale - Office -
R&D - Industrial - Up To 30,000 SQ. FT. - Will Build To Suit,
Osgood Dev. & Mgt." The sign also listed a phone number for
inquiries.
4. Upon my return to the office after the inspection of
the Property, I telephoned the phone number listed on the
sign. When my call was answered, I stated that I had seen the
sign on the Property and that I was interested in the
Property. The party at the other end of the line identified
himself as Benjamin Osgood, Sr., and stated that he was the
owner of the Property. After I identified myself as a health
administrator for the Board of Health and complained about the
Debris, Mr. Osgood referred :ne to Jillian K. Aylward
("Trustee") for any further information on the Property.
5. 1 have reviewed the Trustee's Notice Of Intended
Abandonment Of Property ("Notice"), filed in the
above -captioned proceeding on May 8, 1995. I understand that
the Notice concerns the Property.
6. It is my opinion that the Debris on the Property does
not pose an imminent and identifiable hazard to the public's
safety. In light of the Trustee's intent to abandon the
Property, the Board of Health and the Conservation Commission
do not intend to take any further action .with regard to the
Property before June 30, 1995.
Signed under the pains and penalties of perjury this -A7071
Gay of June, 199:.
Sandra Starr
34362
111, A J_, -"RPORXIIONI
FROPY1 CRAIG AND
64) ATLANTIC AVEN!1 UT, BOSTON. 111MA 0`22 1.0)
Ck"11A PA NY:
A-M-ENTK-W
FAX NO
SENDER,
Ut 1 "N I VA
ITY' NO)TICA-j
'l',ie aocumenvs) acc o!iw, an !.,I ne uhts i a x (m I ajn confidentuAl. mformation wtuc, V, les,.,ahv r,;rv-u'f-,gcf
T
use t' c intead i recipe -it nam.ed abuvc. if You wc. not Life:
he infoml iauon is IMMICCI' 01-11V 'Tor I
intende�drecipmnt, you am nereby notifil e C: v 6, a to a -r, v di ,- C j os u re, ;,op, v mig, (bsvi rikinon cz Lhe mkirj� of any
action a) reliance Oil the Corftnlc Cm, trus ie.!&ovjtd informauor, exceptits direct delivv-v totne, intended
recipienr named above v� stric�v prohifil-104 if yuu have re(,erved this ffax hi error, piewe notih, us
irr-mexhatety by tehtphonc to amrige forreux-n(A tne ongm-w docurillmits W its.
THE FOLLOWING L' OF -,.P.-AtGES
'Not in-W.Hpwt.
ACKNOWLEDGEMENTOF RECALIPT s'.)FTiflAs 'FRI.A.-N, IS, �Vfi I's s foN
Is Is IN01, LA, j
ACKNOWLEDGE'I'ALNTOR .1
N" QUIP, 1ES'
CAN BE MA -DE BY:
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Telepbone: (611 7 ") 367 -9 ' , 00 -
U q1,
LTL PREfnFtf� U
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111, A J_, -"RPORXIIONI
FROPY1 CRAIG AND
64) ATLANTIC AVEN!1 UT, BOSTON. 111MA 0`22 1.0)
Ck"11A PA NY:
A-M-ENTK-W
FAX NO
SENDER,
Ut 1 "N I VA
ITY' NO)TICA-j
'l',ie aocumenvs) acc o!iw, an !.,I ne uhts i a x (m I ajn confidentuAl. mformation wtuc, V, les,.,ahv r,;rv-u'f-,gcf
T
use t' c intead i recipe -it nam.ed abuvc. if You wc. not Life:
he infoml iauon is IMMICCI' 01-11V 'Tor I
intende�drecipmnt, you am nereby notifil e C: v 6, a to a -r, v di ,- C j os u re, ;,op, v mig, (bsvi rikinon cz Lhe mkirj� of any
action a) reliance Oil the Corftnlc Cm, trus ie.!&ovjtd informauor, exceptits direct delivv-v totne, intended
recipienr named above v� stric�v prohifil-104 if yuu have re(,erved this ffax hi error, piewe notih, us
irr-mexhatety by tehtphonc to amrige forreux-n(A tne ongm-w docurillmits W its.
THE FOLLOWING L' OF -,.P.-AtGES
'Not in-W.Hpwt.
ACKNOWLEDGEMENTOF RECALIPT s'.)FTiflAs 'FRI.A.-N, IS, �Vfi I's s foN
Is Is IN01, LA, j
ACKNOWLEDGE'I'ALNTOR .1
N" QUIP, 1ES'
CAN BE MA -DE BY:
1 ,
Telepbone: (611 7 ") 367 -9 ' , 00 -
I cl C, I
OR
"611 -0886
TME IRAN' S.MMI'D
DATE TRANSMMIED
CLIENT M,,.Yk17ER NO.
C & M B 0 Fto," f, �,!Izvl " ,,
velllo I\C�
BOARD OF HEALTH
Jillian K. Aylward
C/O Craig & MacAuley
600 Atlantic Avenue
Boston, MA 02210
Dear Ms. Aylward:
120 MAIN STREET TEL. 682-6483
NORTH ANDOVER, MASS. 01845 Ext23
April 6, 1995
A recent inspection on March 31, 1995 by personnel of the
North Andover Board of Health and Conservation Commission of a site
on Route 114 near Jefferson Office Park found a large amount of
illegally dumped building debris. This debris included asphalt
roof shingles, doors, lumber, concrete, roofing tar, fiberglas
insulation, automobile and bicycle tires, sheet rock, doors, cinder
blocks and other miscellaneous items. Upon calling the owner, Mr.
Benjamin Osgood, Sr. we were directed to send this letter to you as
owner/receiver of this property.
Please be advised that it is a violation of 105 CMR 410.602(A)
and M.G.L. 111, Section 150A to dispose of solid waste in an
unapproved site. This site must be cleared of all debris, disposed
of in an acceptable landfill and a locked gate installed to prevent
further dumping at the site within thirty (30) days of receipt of
this letter.
If you have any questions, please do not hesitate to call the
Board of Health office at 508-688-9540 between 8:30 and 4:30 Monday
through Friday.
Sincerely,
Sandra Starr, R.S.
Health Administrator
cc: Ken Mahoney, Dir. CD & S
B. Osgood, Sr.
M. Howard, NRP
BOH
File
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APR 2 0 1995
CRAIG AND MACAULEY
PROFESSIONAL CORPORATION
COUNSELLORS AT LAW
Sandra Starr, R.S.
Health Administrator
Board of Health
120 Main Street
North Andover, MA 01845
FEDERAL RESERVE PLAZA
600 ATLANTIC AVENUE
SON, MASSACHUSETTS 02210
TELEPHONE (617) 367-9500
TELECOPI ER (617) 742-17 8 8
April 19, 1995
Re: Property on Rte. 114 near Jefferson Office Park
Dear Ms. Starr:
This firm represents Jillian K. Aylward, Chapter 7 Trustee
of the bankruptcy estate of Benjamin C. Osgood ("Estate").
As I mentioned to you when we spoke last Friday, April 14,
1995, the Trustee requires more information concerning the
property mentioned in your letter of April 6, 1995 before she
can determine if the Estate has an interest in the property.
We would therefore appreciate any information that you
could provide concerning the location of the property in
question and the record owner of the property.
Please call me with any questions.
S' cerely,
tn,
Peter J. Roberts
PJR:nel:3312Z
cc: Jillian Kindlund Aylward, Esq.
William R. Moorman, Jr., Esq.
UNITED STATES POSTAL SERVICE
Official Business PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAGE, $300
Print your name, address and ZIP Code here
N. Ate NNFI R BOARD OF HEALTH
1KMAASIR IFT
14. ANOVER, MA. 01845
SENDER:
• Complete items 1 and/or 2 for additional services.
• Complete items 3, and 4a & b.
• Print your name and address on the reverse of this form so that we can
return this card to you.
• Attach this form to the front of the mailpiece, or on the back if space
does not permit.
I also wish to receive the
following services (for an extra
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1. ❑ Addressee's Address
• Write "Return Receipt Requested" on the mailpiece below the article number. 2 ❑ Restricted Delivery
• The Return Receipt will show to whom the article was delivered and the date
delivered. I Consult postmaster for fee.
-a 3. Article Addressed to:
a
EJilliar4 K. Aylward
0 C/O Craig & MacAuley
CO) 600 Atlantic Ave.
LU Boston, MA 02210
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5. Signat a (AddreE
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6. Signature (Agent)
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4a. Article Number
Z 115 794 517
4b. Service Type
❑ Registered ❑
Insured
R7 Certified
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7. Date of Deli
8. Addressee's d
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