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HomeMy WebLinkAboutMiscellaneous - Exception (35)G Town of North Andover Office of the Building Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner August 25, 2003 Mr. Konstantinos `Vino" Balos 66 Meadowood Road North Andover, MA 01845 RB: Zoning Complaint Materials Installations, Inc. 11 Bayfield Drive Dear Mr. Balos: Telephone (978) 688-9545 Fax (978) 688-9542 I am of the following opinion after investigating your complaint against the above referenced business: • The Planning Board Special Permit of August 31, 1987 did not place a definite time of operation for Materials Installations, Inc. in the Conditional Approval of the Site Plan Review. • In 1987 and presently the North Andover Zoning By-law does not address hours of operation. • The Planning Board Decision of 1987 does not place any restriction on the type of business Materials Installations, Inc. conducts at the Industrial -1 site. In fact the August 31' decision gave the business permission "to expand the assembly and live storage areas in an existing building by 18,200 square feet". • In 1987 and presently the North Andover Zoning By-law does not address "noise levels" in any zoning. district. • On site investigation reveals that the "row of planted arborvitae to the rear of the building and the six (6) foot closed stockade fence erected along the property line" are in place as required in Paragraph 5 of the Conditional Approval. The Building Commissioner / Zoning Enforcement Officer is of the opinion that Materials Installations, Inc. is in compliance with the approved Planning Board Special Permit of August 31, 1987, time stamped by the North Andover Town Clerk on September 03, 1987. Pursuant to Section 10.4 of the North Andover Zoning By-law this decision maybe grieved within thirty (30) days before the North Andover Zoning Board of Appeals. Yours truly, p D.Robert Nicetta Building Commissioner / Zoning Enforcement Officer CC: Heidi Griffin., Director CD&S Mark H. Rees, Town Manager Raymond J. Santil i, Assistant Town Manager Thomas J. Urbelis, Town Counsel William Sullivan, Chairman ZBA BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 D RobertICwetta, Building C ammisnaeer J* 29, 2004 Kone Balos 66 Meadowood Road North Andover, MA 01845-5927 TOWN OF NORTH ANDOVER OFFICE OF BU WING DEPART 27 Chades Street North Andor►er, Massacbm--ts 01845 RE: MATERIAL INSTALLATION, INC. Dear Mr. Baios: Teleplume (978) 688-95454 Fax (978) 6884542 With regard rto yoar hey 5, 2004 correspondmm, I have been hdmned that you have commenced Mption against the Town of North Andover with regard to Material Installation, Inc., so it world not be appropriate for me to respond to your letter At this time. VelY UY yob �`' +►`rte -e D. Robert Nrcetta Building Commissioner Cc: Heidi GMn, Director CD&S Raymond Sang, Assistant Town Manager ,RnATtn of APPEALS 6884541 C014MVATION 6884530 HEALTH 688.9540 PLi►PE41M 686-9535 D. Robert Nicetta, Building Commissioner TOWN OF NORTH ANDOVER OFFICE OF BUILDING DEPARTMENT 27 Charles Street North Andover, Massachusetts 01845 July 29, 2004 Konstantine Balos 66 Meadwood Road North Andover, MA 01845-5927 RE: MATERIAL INSTALLATION, INC. Dear Mr. Balos: In your July 5, 2004 correspondence, you stated: Please provide the foundation (i.e., zoning bylaw, town law, state law, case law or regulation) for your statement with regard to: a) that a "demand" for a planning board hearing constitutes an actual hearing; and b) that two simultaneous Board hearings involving the same issue are prohibited. Telephone (978) 688-95454 Fax (978) 688-9542 With regard to your first inquiry and whether the Planning Board should comply with your "demand", enclosed please find a copy of a letter dated February 25, 2004 to Julie Parrino from Town Counsel Thomas Urbelis in which, with respect to your "demand", he states: Whether the Planning Board wants to have any further involvement is a question for the Board to determine. However, in light of the Zoning Board of Appeals decision, it is difficult to ascertain as to exactly what involvement the Planning Board would have. With regard to your second inquiry about appearing before two boards, you may appear before them but that does not mean you would be entitled to the relief you are requesting, especially if the relief you are requesting is not within the jurisdiction of both boards. BOARD OF APPEALS 688-9541 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 With regard to your second inquiry about appearing before two boards, you may appear before them but that does not mean you would be entitled to the relief you are requesting, especially if the relief you are requesting is not within the jurisdiction of both boards. Furthermore, the Planning Board is not the proper forum to appeal a Building Commissioner's decision such as the one in question in this case. Very truly yours, D. Robert Nicetta cc: Heidi Crriffin Ray Santilli JUL,29.2004 3:25PM URBELIS & FIELDSTEEL URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 TxomAS I Uaauu Telephone 617-338-2200 e-mail tju@ulb.com Telecopier 617-338-0122 February 25, 2004 Julie Parrino North Andover Town Offices Community Development and Services Division 27 Charles Street North Andover, MA 01845 1E: DINo BALOS — MATERIAL INSTALLATION, INC. Dear Ms. Parrino: N0. 682 P. 1 Andover. Telephone 979-475-4552 I have received your letter dated February 20, 2004 requesting that I "determine if the Planning Board should have any further involvement in this case." There are procedures in place for an individual to request action upon an alleged violation of the town zoning bylaws. Section 10.1 of the North Andover Zoning Bylaw provides that the bylaw "shall be enforced by the Building Inspecto'. Mr. Balos applied to the Building Commissioner who opined that Materials Installation, Inc. was in compliance with the Zoning Bylaw and the Planning Board Special Permit of August 31, 1987. Mr. Balos appealed that determination to the Zoning Board of Appeals which upheld the Building Commissioner's decision. With regard to a request by Mr. Balos for the Planning Board to modify, on its own motion or at the request of an abutter, the substantive conditions to the site plan special permit, I addressed that issue in my January 26, 2004 correspondence Whether the Planning Board wants to have any further involvement is a question for the Board to determine. However, in ,light of the Zoning Board of Appeals decision, it is difficult to ascertain as to exactly what involvement the Planning Board would have. Please call if you have any questions. Very truly yours, Thomas . rbelis TJUllah cc: Heidi Griffin Mark Rees cVwp32�.e�iM•�ado�eleorte,plptwam.ty-bdw doe Furthermore, the Planning Board is not the proper forum to appeal a Building Commissioner's decision such as the one in question in this case. Very truly yours, D. Robert Nicetta cc: Heidi Griffin Ray Santilli D. Robert Nicetta, Building Commissioner TOWN OF NORTH ANDOVER OFFICE OF BUILDING DEPARTMENT 27 Charles Street North Andover, Massachusetts 01845 July 29, 2004 Konstantine Balos 66 Meadwood Road North Andover, MA 01845-5927 RE: MATERIAL INSTALLATION, INC. Dear Mr. Balos: In your July 5, 2004 correspondence, you stated: Please provide the foundation (i.e., zoning bylaw, town law, state law, case law or regulation) for your statement with regard to: a) that a "demand" for a planning board hearing constitutes an actual hearing; and b) that two simultaneous Board hearings involving the same issue are prohibited Telephone (978) 688-95454 Fax (978)688-9542 With regard to your first inquiry and whether the Planning Board should comply with your "demand", enclosed please find a copy of a letter dated February 25, 2004 to Julie Parrino from Town Counsel Thomas Urbelis in which, with respect to your "demand", he states: Whether the Planning Board wants to have any further involvement is a question for the Board to determine. However, in light of the Zoning Board of Appeals decision, it is difficult to ascertain as to exactly what involvement the Planning Board would have. With regard to your second inquiry about appearing before two boards, you may appear before them but that does not mean you would be entitled to the relief you are requesting, especially if the relief you are requesting is not within the jurisdiction of both boards. BOARD OF APPEALS 688-9541 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Furthermore, the Planning Board is not the proper forum to appeal a Building Commissioner's decision such as the one in question in this case. Very truly yours, D. Robert Nicetta cc: Heidi Griffin Ray Santilli 02/10/04 15:18 FAX 617 565 7528 Page 1 of 7 February 20, 2004 66 Meadowood Road North Andover, MA 01845-5927 North Andover Planning Board Alberto Angles, Jr., Chairman 27 Charles Street North Andover, MA 01845 Fax: 978-688-9542 Subject: Demand for Planning Board Hearing Re: Materials Installations, Inc.'s Special Permit Dear Mr. Angles: IA002 This letter is written in reference to a hearing before the Zoning Board of Appeals (ZBA) regarding Material Installations' use of its property in violation of section 4.132 of the town's zoning by-laws. The Massachusetts General Laws (Chapter 40A) define "Zoning" as "ordinances and by- laws, adopted by cities and towns to regulate the use of land, buildings and structures to the full extent of the independent constitutional powers of cities and towns to protect the health, safety and general welfare of their present and future inhabitants. I have submitted documentation to the ZBA substantiating that Material Installations, Inc. is a warehousing/wholesaling business in the furniture trade. This includes the Articles of Incorporation, which under purpose state: "to store, warehouse, transport and deliver all types and kinds of office furniture or related systems." In addition, I have provided U.S. Labor Department records indicating that the nature of this industry (warehousing) includes trucking and that there is a "blurring distinction" between trucking and warehousing. Under the "Permitted Uses" section of the zoning by-laws (4.12), section 4.132 (Industrial -1), paragraph 13 states "warehousing and wholesaling shall be permitted only as a secondary use." Note: The text of the 1987 and 2002 zoning bylaws re: Industrial -1 Districts is identical to the original 1972 version. The July 1987 "Application for a Special Permit" states the following: • Under the heading "2(c) Zoning District," the application states "I-1." • Under the heading "4(b) Occupancy or use," the application states: "Expansion for the assembly and live storage areas of the existing facility." y �l PL c r'.'4. L..�� .1 1 0AI D Of- t". 02/10/04 15:18 FAX 617 565 7528 0 003 Page 2 0 7 • Under "5(b) Occupancy and use," states: "Light industrial: offices, assembly and storage areas for office partition systems components." • Under "9. The principal points," the application affirms "The proposed addition complies with the provisions of the zoning by-law." The Special Permit Application does not disclose the "warehouse, transport and deliver" language contained in the company's Articles of Incorporation. Likewise, the Articles of Incorporation does not contain the "assembly and live storage' listed on the Special Permit Application. Moreover, the by-laws do not mention the term "light industrial." As a result of residential abutter concerns with regard to "activity at night," "trucks," "noise" and "lights,"'the Special Permit includes the use of "evergreens and fencing" for "noise barriers." As previously mentioned, the purpose of zoning is "to protect the health, safety and general welfare of their present and future inhabitants." The Mass. Gen. Laws state that: "Special permits may be issued only for uses which are in harmony with the general purpose and intent of the ordinance or by-law." Clearly the intent of the Special Permit restrictions were for effective noise barriers. I have provided the town with expert research that the 1987 Special Permit noise barrier conditions are ineffective. The "assembly and live storage" language contained in the Special Permit Application is a misrepresentation and a material change from the actual use (warehousing/ wholesaling). This violates paragraph 9 of the Conditional Approval Special Permit that states " ... any changes from these approved plans ... will negate this Special Permit and will require a new filing of application.' Town records indicate that Material Installations was not granted a variance to section 4.132 of the zoning by-laws ("warehousing and wholesaling shall be permitted only as a secondary use"). A "conditional use" or "special permit" is neither the equivalent of nor should it be confused with "variances.' According to the Mass. General Laws (Ch.40A), "variance power is given only to the Board of Appeals." Likewise, the by-laws (section 10.4) state "the Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw." In Coolidge v. Planning Board of North Andover (337 Mass. 648), the Supreme Judicial Court stated that "there is no room for an implication of zoning power in boards other than those specified in the statute." Zoning records indicate that the land presently occupied by the Meadowood neighborhood has been zoned as "residential" since at least 1972. The character of the Meadowood neighborhood is distinctly residential consisting of single family homes most of which have young children. In addition, there are no access roads connecting the two districts. 02/10/04 15:19 FAX 617 565 7528 10004 Page 3 of 7 The Meadowood neighborhood relies on the Industrial -1 zoning restrictions for protection from the neighboring [Industrial -1) property. The conditions caused by the non -permitted use of the Industrial -1 property (warehousing/wholesaling) are an impairment to the neighborhood. This includes noise, fumes, odor, vibrations and exhaust. I have provided the town with research indicating that this is a nuisance and health hazard as well as a violation of the statutory air pollution control violations. In like manner, section 4.132 (paragraph 11) of the zoning by-laws specifically identifies dust, smoke, fumes, odor, noise, vibration, and light as "adverse environmental effect[s}." During the January 13, 2004 ZBA hearing, Acting Chairperson Walter Soule indicated that the ZBA is waiting for a legal opinion from town counsel regarding the Special Permit. I received a letter dated January 22, 2004 from Director Heidi Griffin of the Community Development Office referencing the opinion of Town Counsel Thomas Urbelis. The letter cites the Middlesex Appeals Court decision, Solar v. Zoning Board of Appeals of Lincoln (33 Mass. App. Ct. 398). It states "the Appeals Court ruled that a board was not free to modify, on its own, a special permit to make it conditional upon ownership of the land (a new policy of the board) when the original permit was subject to three-year automatically renewable terms." In the Solar case, the appeals court ruled that the board "injected into its decision criteria not found in the by-law." The court also ruled that this "new policy" is . "unrelated to the land' and "not based upon factors concerned with the land or the protection of the surrounding community." Section 4.132 of the zoning by-laws is not a "new policy" and is directly related "to the land." The noise barrier conditions are "based upon factors" related to the "protection of the surrounding community." The Solar case is not applicable to this matter. On February 5, 2004, I contacted Town Attorney Thomas J. Urbelis. I informed him that the Solar decision does not apply to the present matter for reasons as outlined above. I also informed Mr. Urbelis that the town opinion does not address the fact that Material Installations did not receive a Special Permit or variance to operate as a warehousing/wholesaling business. At the suggestion of Mr. Urbelis, I sent a letter to Director Griffin dated February 6, 2004 explaining my position (see attachment). As you are aware, a letter dated February 5, 2004, was sent to your attention from Benjamin Tymann, Esq., attorney for Material Installations, Inc. Mr. Tymann's letter is predicated on the assumption that Material Installations received a valid Special Permit. Paragraph 3 of page 1 from Mr. Tymann's letter states "a special permit is a property right granted to a landowner. (See G.L.c 40A, 9)." Mr. Tymann's letter does not reference that the chapter also states: "Special permits may be issued only for uses which are in harmony with the general purpose and intent of the ordinance or by- law, and shall be subject to general or speck provisions set forth therein." 02/10/04 15:19 FAX 617 565 7528 10005 Page 4 of 7 As indicated earlier, the Special Permit application, misrepresents (assembly and storage) Material Installations' true use (warehousing/wholesaling) of the Industrial -1 property. The warehousing/wholesaling use is not permitted by the by-laws and is certainly not in harmony with the general purpose and intent contained in section 4.132 of the by-laws. The permit is illegal and was erroneously issued based on misrepresented and non -disclosed information regarding the type of business. Page 2 of Mr. Tymann's letter states "Mr. Balos cannot now attack the Special Permit, years after the fact, by asking your board to revise it." This claim is also predicated on the assumption that the Special Permit was validly issued. Moreover, paragraph 9 of the Conditional Approval Special Permit states " ... any changes from these approved plans ... will negate this Special Permit and will require a new filing of application." As stated earlier, the "assembly and live storage" language contained in the Special Permit Application is a misrepresentation_ and material change from the actual use (warehousing/wholesaling). Furthermore, the Mass. Gen. Laws describe the purpose of zoning as "to protect the health, safety and general welfare of their present and future inhabitants." Planning board records clearly document residential abutter concerns with regard to "noise" and "trucks." These concerns preceded the issuance of the Special Permit and accompanying noise barrier conditions. Town records also indicate residential abutter noise and truck complaints [regarding Material Installations' operations] from at least 1998. Mr. Tymann's claim that the Special Permit cannot be attacked does NOT bar the town from enforcing the zoning by-laws. Page 2 of Mr. Tymann's letter also cites the Middlesex Superior Court case Chi Allison v. Barberry Homes, Inc (12 Mass. L. Rep. 138), and states " a neighbor came forward to request revision or reversal of a property right that was granted to a land owner nearly a decade earlier." This case does not apply because it is predicated on a validly issued permit. Material Installations' improperly granted permit is based on misrepresented'and non -disclosed information regarding the true use of the property. Page 3 of Mr. Tymann's letter, citing the same Allison case, references my claim that Material Installations is a nuisance. Mr. Tymann (quoting the same Allison case) states: "Th[e] limitation, however, does not mean that disgruntled neighbors may, under a nuisance theory, reopen the underlying agency proceedings that led to the issuance of the license to see whether, with hindsight, the license terms could have been crafted differently ... The law of nuisance is not a mechanism for disturbing an agency decision that has long since become final." In the Allison case, the plaintiffs claim of nuisance is a result of property restrictions associated with wetlands. The court stated: "there is nothing noxious, unpleasant or damaging about the replicated wetlands on Barberry Homes' property -- they emit no noise, odors, fumes, dust, dirt, bright lights, flying objects, etc." The court also stated that "the tort of nuisance has been predicated on such things as the emission of noise, odors, fumes, and/or vibrations." 02/10/04 15:20 FAX 617 565 7528 0006 Page 5 of 7 Note: The Supreme Judicial Court in Davis v. Sawyer (133 Mass. 289, 290) said, "noise which constitutes an annoyance to a person of ordinary sensibility to sound, such as materially to interfere with the ordinary comfort of life, and impair the reasonable enjoyment of his habitation, is a nuisance." Note: The Supreme Judicial Court in Shea v. National Ice Cream Co.. Inc. (280 Mass. 206, 211) said, "the defendants are entitled to a reasonable use of their property. It is plain, however, that it cannot be so used as to disturb the plaintiffs, who have a right to steep at night in their own homes." Page 3 of Mr. Tymann's letter also references that I purchased my property after Material Installations received its Special Permit and began its "warehousing and assembly operations."The letter contains a footnote to a Bristol Appeals Court decision in Escobar v. Continental Baking Co.,(33 Mass. App. Ct. 104, 110). Mr. Tymann (quoting Escobar states "C]oming to a nuisance ... is a significant factor' weighing against a prospective plaintiffs nuisance claim, particularly where the plaintiff knew or should have known of the type of commercial use taking place on an adjoining property at the time he moved to the neighborhood." A review of the Escobar case indicates that the appeals court, in fact, stated "coming to a nuisance in itself does NOT bar relief it, too, is a significant factor." Additionally, the Appeals Court stated: "the plaintiffs were aware ... that the area was, in large measure, commercial." The Meadowood properties have been residentially zoned since at least 1972 and consist of single-family homes most of which have young children. Furthermore, there are no access roads connecting the two districts. Moreover, the "Footnotes" section of the Escobar ruling states: "the zoning by-law was not part of the record and the judge made no findings as to zoning. See Weltshe v. Graf, 323 Mass. 498, 500." In the Weltshe case, the plaintiffs, whose homes were located a residential district zone, bordered a district zoned for business and were disturbed in their sleep at night by unreasonable noises from a freight terminal operated by the defendants. In granting an injunction, the Supreme Judicial Court stated "a zoning ordinance is an important factor in determining whether the use being made of the land in conducting a particular enterprise goes beyond what is reasonable in view of the nature and character of the locality ... [b]ut a zoning ordinance affords no protection to one who uses his land in such a manner as to constitute a private nuisance." Similar to the Weltshe case, the properties in Meadowood are residentially zoned and border the Industrial -1 district that is the source of the nuisance. Regarding Mr. Tymann's claim that "the law is clear that Material Installation's property rights under the Special Permit cannot be unilaterally revised," the appeals court in Vitale v. Planning Bd. Of Newburyport (10 Mass. App. Ct. 483) ruled that "due process does not require that an [administrative] agency must bind itself to an error in perpetuity irrespective of the public interest." The Supreme Judicial Court in Ferriter v. Herlihy (287 Mass. 138) stated that "the sanction that the Legislature gives by authorizing local officials to issue a license to conduct a certain business on specified premises is subject not only to the limitation 02/10/04 15:21 FAX 617 565 7528 Page 6 of 7 a007 that the business must be carried on -without negligence, but to the further qualification that it must be conducted without unnecessary disturbance of the rights of others." The present use of the Material Installations property infringes on the right to enjoy and use of my property. Furthermore, in Ferrante v. Board of Appeals of Northampton (345 Mass 158), the Supreme Judicial Court (quoting the Supreme Court of New Jersey in Zahodiakin Engr. Co. v. Zoning Bd. Of Adjustment, 8 N.J. 386) stated "the governmental zoning power may not be forfeited by the action of local officers in disregard of the statute and the ordinance. The public has an interest zoning that cannot thus be set at naught. The plaintiff landowner is presumed to have known of the invalidity of the exception and to have acted at his peril. It follows that the issuance of a building permit and the erection of a building not authorized by the zoning ordinance did not entitle the plaintiffs to a variance by reason of estoppel." In Inspector of Buildings of Burlington v Murphy (320 Mass. 207), the Supreme Judicial Court ruled "since the change was a violation of a valid zoning by-law, no permit can legalize it." A permitee acquires no vested right where the permit is issued in violation of the zoning ordinance. The Supreme Judicial Court in Town of Maynard v. Tomvl (347 Mass. 397), stated "the defendants can assert no right under the first, illegally granted, permit." In Kolodnv v. Building Commissioner of Brookline (346 Mass_ 289), the Supreme Judicial Court ruled "the existence of a permit for the violation is inconsequential in proceeding to end the violation." In Simeone Stone Corp. v. Oliva (350 Mass 31), the Supreme Judicial Court ruled that "every presumption is to be made in favor of the by- law, and its enforcement will not be refused." Regarding Mr. Tymann's claim that "such action would constitute a taking, for which Material Installations would be entitled to compensation," the Supreme Judicial Court in the Ferrante case stated: "the plaintiff landowner is presumed to have known of the invalidity of the exception and to have acted at his peril." As previously noted, the Special Permit Application misrepresents the true type of business and affirms compliance with the zoning by-laws. In Everett S. Wood & others v. Building Commissioner of the Citv of Boston (256 Mass. 238), the Supreme Judicial Court ruled that a "permit was improvidently granted ... and ... violates the law. It was the duty of the building commissioner ... to take immediate steps to enforce the provisions of the statute." The final paragraph of Mr. Tymann's letter states "Material Installations ... has been an outstanding corporate citizen." The actions of Material Installations indicate otherwise. Despite several "good faith" attempts to resolve this issue to include the assistance of Selectman Stewart, Material Installations has refused to participate. In addition, Material Installations has made several material statements to town officials that misrepresent the facts. This includes that their shipping operations (to include all truck activity) do not start before 7 in the morning. As I have submitted to the town on several occasions, I have video proof that operations routinely begin before 7 a.m. 02/10/04 15:21 FAX 617 565 7528 0 008 0 i Page 7 of 7 Material Installations, a [corporate) citizen of our town, has not taken any steps to effectively confine the nuisance activity to their property in order to prevent the impairment of its residential neighbors/ citizens. Good neighbors keep their noise to themselves. As referenced in this letter, the zoning by-laws (1972) restricting warehousing/wholesaling only as a secondary use precede the Special Permit Application (1987). The use of the Material Installations property (warehousing/wholesaling) is a material change from the use allowed by the Special Permit (assembly and storage) and is in violation of the by-laws. The Conditional Use Special Permit was erroneously granted based on a misrepresentation of the type of business. The permit also misrepresents that it "complies with the provisions of the zoning by-law." The improperly granted Special Permit confers no rights [to Material Installations] to operate in violation .of the by-laws. Consequently, the non -permitted use of the Material Installations property is a nuisance and infringes on my rights to the enjoyment and use of my property. I am a taxpayer and constituent that lives, raises a family, and participates in multiple community activities in North Andover. The residents of Meadowood rely on the Industrial -1 zoning restrictions for protection from the neighboring [industrial -1) property. The conditions caused by the non -permitted use (warehousing/wholesaling) of the Industrial -1 property are an impairment to the neighborhood. Accordingly, the town is obligated to protect the citizenry by administering the General laws and corresponding zoning by-laws with impartiality. This is absolutely necessary in the preservation and protection of the town zoning by-laws. Not doing so would deny my (as well as other Meadowood citizens) property rights under the equal protection clause of the constitution. I am demanding that this issue be placed on the agenda for the next planning board hearing. I am available to attend any meetings and/or provide further information. Should you require additional information, please contact me at the above address or via telephone at 978-683-3414 (home) or 617-557-1235 (work). Thank -you for your time and attention to this important matter. S'ncerely, Konstantinos "Dino" Balos Attachments cc: Community Development Office Zoning Board of Appeals Board of Selectmen Town Manager Attorney Thomas J. Urbelis, Town Counsel Attorney Matthew C. Donahue Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk Notice of Decision Year 2004 Telephone (978) 688-9541 Fax (978) 688-9542 Property at: for property at: 11 Bayfield Drive NAME: Konstantinos & Rowena Balos, 66 Meadowood Road, North Andover, MA HEARING(S): 11-18,2003,1-13&2-10-04 ADDRESS: for property at: 11 Bayfield Drive PETITION: 200-037 North Andover, MA 01845 TYPING DATE: 2/12/04 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, the 10`s of February 2004 at 7:30 PM in the Senior Center, 120R Main Street, North Andover upon the application of Konstantinos & Rowena Balos, 66 Meadowood Road requesting a Finding from Section 4, Paragraph 4.132 and Section 10, Paragraph 10.4 of the Zoning By-law to reverse the Building Commission's opinion that Materials Installations, Inc. 11 Bayfield Drive, North Andover, MA are in compliance with the Zoning By-law and the Planning Board Special Permit of August 31, 1987• The said premise affected is property with frontage on the North side of Bayfield Drive within the I-1 zoning district. The legal notice was published in the Eagle Tribune on November 3 & 10, 2003. The following members were pt-espnt: Walter F. Soule, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard D. Byers. Upon a motion by Joseph D. LaGrasse and 2°d by Richard J. Byers, the Board voted to uphold the Building Commissioner / Zoning Enforcement Officer's letter of August 25, 2003 and DENY the Finding of the party aggrieved for the following reasons: 1. The Planning Board Special Permit of August 31, 1987, time stamped by the North Andover Town Clerk on September 03, 1987 does not place a definite hourly time of operation for Materials Installations, Inc., 11 Bayfield Road in the Conditional Approval of the Site Plan Review. 2. The Planning Board decision of 1987 does not place any restriction on the type of business Materials Installations, Inc. conducts at the Industrial -1 site. In fact the August 3 V decision gave the business permission "to expand the assembly and live storage areas in an existing building by 18,200 square feet". 3. In 1987 and presently the North Andover Zoning By-law does not address hours of operation. 4. In 1987 and presently the North Andover Zoning By-law does not address "noise levels" in any zoning district. 5. The Building Commissioner / Zoning Enforcement Officer's site visit found that Materials Installations had conformed to Paragraph 5 of the Conditional Approval. 6. The Zoning Board has no authority to modify a Planning Board decision. 7. The Zoning Board has no authority to order the Building Commissioner/Zoning Enforcement Officer to act outside North Andover By-laws. Voting favor of the denial: Walter F. Soule, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard D. Byers. Town of North Andover Board of Appeals, Walter F. Soule, Acting Chairman Decision 2003-037. M25P73. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 02/06/04 15:12 FAX 617 565 7528 Page 1 Of 3 February 6, 2004 66 Meadowood Road North Andover, MA 01845-5927 Town of North Andover Community Development Office Heidi Griffin, Director 27 Charles Street North Andover, MA 01845 Fax: 978-688-9542 Subject: Your January 22, 2004 Letter Re: Materials Installations, Inc., 11 Bayfield Drive, North Andover, MA. Dear Ms. Griffin: 1A 001/003 This is a response to your letter dated January 22, 2004 as well as a February 5, 2004 conversation with Town Attorney Thomas J. Urbelis regarding the Material Installations Special Permit. The town response references the Middlesex Appeals Court decision, Solar v. Zoning Board of Appeals of Lincoln (33 Mass. App. Ct. 398). It states "the Appeals Court ruled that a board was not free to modify, on its own, a special permit to make it conditional upon ownership of the land (a new policy of the board) when the original permit was subject to three-year automatically renewable terms." In the Solar case, the court ruled that the board "injected into its decision criteria not found in the by-law." The court also ruled that this "new policy" is "unrelated to the land" and "not based upon factors concerned with the land or the protection of the surrounding community.' As you are aware, the Massachusetts General Laws (Chapter 40A) define "Zoning" as "ordinances and by-laws, adopted by cities and towns to regulate the use of land, buildings and structures to the full extent of the independent constitutional powers of cities and towns to protect the health, safety and general welfare of their present and future inhabitants. As stated in my January 15, 2004 letter, Material Installations is a warehousing/wholesaling business located in an Industrial -1 District. The "permitted uses" section of the zoning by-laws (4.132), states "warehousing and wholesaling" is permitted "only as a secondary use." The July 1987 Application for a Special Permit states the following: • Under the heading "4(b) Occupancy or use," the application states: "Expansion for the assembly and live storage areas of the existing facility." • Under "5(b) Occupancy and use," states: "Light industrial: offices, assembly and storage areas for office partition systems components." RECEIVED F F R 0 9 2004 BUILDING DEPT. 02/06/04 15:13 FAX 617 565 7528 Z002/003 Page 2 of 3 • Under "9. The principal points," the application states "The proposed addition complies with the provisions of the zoning by-law." The Special Permit Application does not list the "warehouse, transport and deliver" language contained in the company's Articles of Incorporation. In addition, the Zoning by-laws do not contain the term "light industrial." As a result of residential abutter concerns with regard to "activity at night," "trucks," "noise" and "lights," the Special Permit includes the use of "evergreens and fencing'° for "noise barriers." I have provided expert research demonstrating that the aforementioned noise barriers are ineffective. Paragraph 9 of the Special Permit states " ... any changes from these approved plans . .. will negate this Special Permit and will require a new filing of application." The "assembly and live storage" language contained in the Special Permit Application is a misrepresentation of the actual use (warehousing/wholesaling). Town records indicate that there is no variance to section 4.132 of the zoning by-laws that states: "Warehousing and wholesaling shall be permitted only as a secondary use." A "conditional use" or "special permit" is neither the equivalent of nor should it be confused with "variances." According to the Mass. General Laws (Ch.40A), "variance power is given only to the Board of Appeals." Likewise, the by-laws (section 10.4) state "the Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw." Zoning records indicate that the land presently occupied by the Meadowood neighborhood has been zoned as "residential" since at least 1972. The character of the Meadowood neighborhood is distinctly residential consisting of single family homes most of which have young children. The Meadowood neighborhood relies on the Industrial -1 zoning restrictions for protection from the neighboring [Industrial -1] property. The conditions caused by the prohibited use (warehousing/wholesaling) of the Material Installations property are an impairment to the neighborhood. Demand for Plaaaiag Board Hearintt I submit that the Material Installations property is not used in accordance with the terms of the Special Permit. Material Installations is a wholesale/warehouse business in violation of the zoning by-laws. The permit is illegal and was erroneously issued based on misrepresented and non -disclosed information regarding the type of business. This permit confers no rights [to Material Installations] to operate in violation of the by- laws. Consequently, the present use of the Material Installations property infringes on my rights to the enjoyment and use of my residential property. A permit issued under mistake of fact or in violation of law confers no vested right or privilege on the person to whom the permit has been issued, and may be revoked, notwithstanding he may have acted upon it, and any expenditures made in reliance 02/06/04 15:13 FAX 617 565 7528 fj j 003/003 Page 3 of 3 upon such permit are made at his peril. Cochran v. Roemer ((287 Mass 500); Milton v. Donnelly (306 Mass 451). In Inspector of Buildings of Burlington v. Murphy (320 Mass. 207), the Supreme Judicial Court ruled "where the change is a violation of a valid zoning by-law, and no permit can legalize it." In Town of Maynard v. Tomyl (347 Mass. 397) the Supreme Judicial Court ruled" the defendants can assert no right under the first, illegally granted, permit." In Kolodnv v. Building Commissiner of Brookline (346 Mass. 289), the Supreme Judicial Court ruled that "the existence of a permit for the violation is inconsequential in proceeding to end the violation." In Simeone Stone Corp. v. Oliva (350 Mass 31), Supreme Judicial Court ruled that "every presumption is to be made in favor of the by-law, and its enforcement will not be refused ..." In Vitale v. Planning Bd. Of Newburvport (10 Mass. App. Ct. 483), the Appeals Court ruled that "due process does not require than an [administrative] agency must bind itself to an error in perpetuity irrespective of the public interest." Furthermore, in Ferrante v. Board of Appeals of Northampton (345 Mass 158), the Supreme Judicial Court ruled that "the governmental zoning power may not be forfeited by the action of local officers in disregard of the statute and the ordinance." The Solar case referenced in your January 22, 2004 letter is not applicable to this matter. Section 4.132 of the zoning by-laws is not a "new policy" and is directly related "to the land." As a matter of fact, the text of section 4.132 is identical to the original 1972 version. The noise barrier conditions are "based upon factors" related to land use and the "protection of the surrounding community.' Please follow the law and by-laws with impartiality as required under the equal protection clause of the 14th Amendment. I am demanding that this issue be placed on the agenda for the next planning board hearing. I am available to attend any meetings and/or provide further information. Should you require additional information, please contact me at the above address or via telephone at 978-683-3414 (home) or 617-557-1235 (work). Thank -you for your time and attention to this important matter. Si 1 Ko stantinos "Dino" Balos Attachments cc: Zoning Board of Appeals Board of Selectmen Assistant Town Manager Attorney Thomas J. Urbelis, Town Counsel Attorney Matthew C. Donahue THOMAS I URBELIS e-mail tju@ufb.com Heidi Griffin North Andover Town Offices 27 Charles Street North Andover, MA 01845 RE: DINO BALOS Dear Heidi: URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 January 20, 2004 Andover Telephone 978475-4552 This is in response to your letter dated January 14, 2004 and your inquiry about procedures for a request by an abutter for a modification of substantive conditions to a site plan special permit which has been in place for about 17 years. If the special permit granting authority is requested by the recipient of the special permit to modify a condition, Huntington v. Zoning Board of Appeals of Hadley, 12 Mass. App. Ct. 710 (198 1) would suggest that, under certain circumstances, the permit granting authority might have the authority to do so assuming that the relevant notice and hearing requirements were met. However, with regard to a modification of a substantive condition (and not an inadvertent or clerical error) of a special permit sought by the board on its own motion or at the request of other parties, I could find no definitive ruling which authorizes such a modification. The court in Huntington, specifically did not decide on such authority. In Solar v. Zoning Board of Appeals of Lincoln, 33 Mass. App. Ct. 398 (1993), the Appeals Court ruled that a board was not free to modify, on its own, a special permit to make it conditional upon ownership of the land (a new policy of the board) when the original special permit was subject to three-year automatically renewable terms. Please call if you have any questions or if there is anything else that you need. Very truly yours, Thomas J. elis TJU/lah cc: D. Robert Nicetta s:\wp51 \work\a-mdove\corresp\gri ffi n.ltr-dinobacos. doc August 25, 2003 Mr. Konstantinos "Dino" Balos 66 Meadowood Road North Andover, MA 01845 RE: Zoning Complaint Materials Installations, Inc. 11 Bayfield Drive Dear Mr. Balos: I am of the following opinion after investigating your complaint against the above referenced business: • The Planning Board Special Permit of August 31, 1987 did not place a definite time of operation for Materials Installations, Inc. in the Conditional Approval of the Site Plan Review. • In 1987 and presently the North Andover Zoning By-law does not address hours of operation. • The Planning Board Decision of 1987 does not place any restriction on the type of business Materials Installations, Inc. conducts at the Industrial -1 site. In fact the August 31" decision gave the business permission "to expand the assembly and live storage areas in an existing building by 18,200 square feet". In 1987 and presently the North Andover Zoning By-law does not address "noise levels" in any zoning district. • On site investigation reveals that the "row of planted arborvitae to the rear of the building and the six (6) foot closed stockade fence erected along the property line" are in place as required in Paragraph 5 of the Conditional Approval. The Building Commissioner / Zoning Enforcement Officer is of the opinion that Materials Installations, Inc. is in compliance with the approved Planning Board Special Permit of August 31, 1987, time stamped by the North Andover Town Clerk on September 03, 1987. Pursuant to Section 10.4 of the North Andover Zoning By-law this decision maybe grieved within thirty (30) days before the North Andover Zoning Board of Appeals. Yours truly, D.Robert Nicetta Building Commissioner / Zoning Enforcement Officer CC: Heidi Griffin, Director CD&S Mark H. Rees, Town Manager Raymond J. Santilli, Assistant Town Manager Thomas J. Urbelis, Town Counsel William Sullivan, Chairman ZBA December I, 2003 66 Meadowood Road North Andover, MA 01845-5927 Town of North Andover Community Development Office Heidi Griffin, Director 27 Charles Street North Andover, MA 01845 Fax: 978-688-9542 Subject: Planning Board Conditional Approval - Noise Barriers Re: Materials Installations, Inc., 11 Bayfield Drive, North Andover, MA. Dear Ms. Griffin: This letter is written under the recommendation of Zoning Board member Walther Soule during a November 18, 2003 hearing regarding the noise nuisance caused by Material Installations to its residential neighbors. A finding of the following was requested: 1) That Material Installations is not zoned for its current location and has become a nuisance to its residential neighbors; and 2) That the Planning Board's 1987 Conditional Approval regarding "noise barrier" restrictions be amended to accomplish its original intent relative to "activity at night, trucks, noise, and lights." Material Installations - Type of Business Town, Commonwealth, and Merrimack Valley Planning Commission (MVPC) records indicate that Material Installations is a warehouse/wholesaler business. According to the U.S. Labor Department (DOL), the nature of this industry includes trucking. The DOL also indicates that there is a "blurring distinction" between "trucking and warehousing." The truck activity at Material Installations causes various types of noise and vibrations which interfere with the quiet enjoyment of my property. This includes: a) Shipping dock operations that regularly begin between 6 and 7 a.m.; b) Truck Activity; c) Operation of waste compactor; d) Trucks regularly idling over 5 minutes e) Nighttime activities (e.g., truck operations - truck fueling, truck idling, etc.); and f) Loud voices of workers. Zoning As you are aware, zoning protects adjoining property owners from incompatible uses and enhances overall quality of life. Material Installations is zoned by the Town of North Andover as "Industrial -1." T e.,proper-ties in the Meadowood neighborhood are zoned as "Residential -6." They are ��� istn�ctl'y residential consisting of single-family homes. Furthermore, there are no access t roads between, the two districts. nn4r`r1 /1!_ ^P?Erl_S Section 4.132, of the North Andover Zoning By-laws states the following: Paragraph 13. Warehousing and wholesaling shall be permitted only as a secondary use. Paragraph 15 (4.132) states: "accessory use shall not be injurious, noxious or offensive to the neighborhood." In addition, section 4.1.1 (General Provisions) states that "Accessory uses, as defined herein, shall be on the same lot with the building of the owner or occupant, and shall be such as not to alter the character of the premises on which they are located nor impair the neighborhood." Planning Board - Noise Barriers A Site Plan Review (August 3, 1987)' [for 11 Bayfield Drive] recognizes residential abutter concerns with regard to "activity at night," "trucks," "noise" and "lights." During the Site Plan Review (August 3 & 17, 1987) the use of "evergreens and fencing to be looked into for possible noise barriers" as well as "the possibility of a 6 foot stockade fence and arborvitae to be planted as a buffer" were inputted. Furthermore, during the Planing Board's conditional approval of the Special Permit (August 31, 1987), in response to noise concern, proponents, "admit that into the winter months a lack of foliage in the intervening woods may be cause for concern." As a result, the conditional approval (September 2, 1987) includes a landscape plan with a "row of planted arborvitae to the rear of the building" as well as "a six (6) foot closed stockade fence be erected along the property line." Research - Noise Barriers Expert research indicates that the aforementioned noise buffers are ineffective in that it only provides psychological relief and does not physically lessen noise. The Federal Highway Administration (FHWA) indicates that "Vegetation, if high enough, wide enough, and dense enough (cannot be seen through), can decrease noise. A 200 -foot width of dense vegetation can cut the loudness of noise in half. The FHWA also indicates that effective noise barriers can reduce noise levels in half. They can be constructed to be visually pleasing and blend in with their surroundings. However, for a noise barrier to work, it must be high enough and long enough to block the view of the [source of noise]. North Andover Police Department records indicate noise complaints against Material Installations from at least early 1998. The town has a duty to protect citizenry from disruption of the peaceful enjoyment of their residences. In Davis v. Sawyer, (133 Mass. 289, 290, 43 Am. Rep. 519), the Supreme Court of Massachusetts said "'Noise which constitutes an annoyance to a person of ordinary sensibility to sound, such as materially to interfere with the ordinary comfort of life, and impair the reasonable enjoyment of his habitation, is a nuisance." The Massachusetts Supreme Court (Ferriter v. Herlihy, 287 Mass. 138) stated that "the sanction that the Legislature gives by authorizing local officials to issue a license to conduct a certain business on specified premises is subject not only to the limitation that the business must be carried on without negligence, but to the further qualification that it must be conducted without unnecessary disturbance of the rights of others." In Shea v. National Ice Cream Co.. Inc., (280 Mass. 206, 211) the court said, "'the defendants are entitled to a reasonable use of their property. It is plain, however, that it cannot be so used as to disturb the plaintiffs, who have a right to sleep at night in their own homes." Furthermore, in Weltshe v. Graf (323 Mass. 498), plaintiff landowners and the defendant trucking company were located at the boundaries of a district zoned for business and a district zoned for residences. The plaintiff brought a bill in equity seeking to enjoin defendant -trucking company from operating its business as a nuisance due to truck terminal noises. The Massachusetts Judicial Supreme Court ordered that a decree be entered in favor of the landowners enjoining the trucking company from shipping -related activity. The court also affirmed that a "zoning ordinance affords no protection to one who uses his land in such a manner as to constitute a private nuisance." It is requested that appropriate action be taken to amend the conditional approval with regard to noise barriers by providing an effective long-term solution. It is also requested that actions be coordinated with the Zoning Board of Appeals as necessary. I am available to attend any meetings and/or provide further information. Should you require additional information, please contact me at the above address or via telephone at 978-683-3414 (home) or 617-557-1235 (work). Thank -you for your time and attention to this important matter. Sincerely, Konstan mos Dino Balos Attachments cc: Zoning Board of Appeals Planning Department Assistant Town Manager Attorney Matthew C. Donahue Highway Traffic Noise - FHWA The third part of the highway noise reduction strategy is highway planning and design. Early in the planning stages of most highway improvements, highway agencies do a noise study. The purpose of this study is to determine if the project will create any noise problems. First, the existing noise levels of a highway are measured or computed by models. Then, the agency predicts what the noise levels will be if the project is constructed. If the predicted noise levels are above Federal noise criteria, the noise study must consider measures that can be taken to lessen these adverse noise impacts. This information is reported at public meetings and hearings if they occur. Noise Reduction on Existing Roads Some noise reduction measures that are possible on existing roads or on roads that are being rebuilt include creating buffer zones, constructing barriers, planting vegetation, installing noise insulation in buildings, and managing traffic. Buffer zones are undeveloped open spaces which border a highway. Buffer zones are created when a highway agency purchases land, or development rights, in addition to the normal right of way, so that future dwellings cannot be constructed close to the highway. This precludes the possibility of constructing dwellings that would otherwise experience an excessive noise level from nearby highway traffic. An additional benefit of buffer zones is that they often improve the roadside appearance. However, because of the tremendous amount of land that must be purchased and because in many cases dwellings already border existing roads, creating buffer zones is often not possible. Open space can be left as a buffer zone between residences and a highway. Noise barriers are solid obstructions built between the highway and the homes along the highway. Effective noise barriers can reduce noise levels by 10 to 15 decibels, cutting the loudness of traffic noise in half. Barriers can be formed from earth mounds along the road (usually called earth berms) or from high, vertical walls. Earth berms have a natural appearance and are usually attractive. However, an earth berm can require quite a lot of land if it is very high. Walls take less space. They are usually limited to 25 feet in height for structural and aesthetic reasons. Noise walls can be built of wood, stucco, concrete, masonry, metal, and other materials. Many attempts are being made to construct noise barriers that are visually pleasing and that blend in with their surroundings. However, barriers do have1 imitations. For a noise barrier to work, it must be high enough > and long enough to block the view of a road. Noise barriers do very little gook or homes on Highway Traffic Noise - FHWA Shadow Effect of Noise Barrier The lower house is protected by the barrier, but the upper one is not. Vegetation, if high enough, wide enough, and dense enough (cannot be seen through), can decrease highway traffic noise. A 200 -foot width of dense vegetation can reduce noise by 10 decibels, which cuts the loudness of traffic noise in half. It is often impractical to plant enough vegetation along a road to achieve such reductions; however, if dense vegetation already exists, it could be saved. If it does not exist, roadside vegetation can be planted to create psychological relief, if not an actual lessening of traffic noise levels. 200 feel Loudness Cut in Half No Noise Reduction (Psychological) Vegetation and Noise Reduction Insulating buildings can greatly reduce highway traffic noise, especially when windows are sealed and cracks and other openings are filled. Sometimes, noise -absorbing material can be placed in the walls of new buildings during construction. However, insulation can be costly because air conditioning is usually necessary once the windows are sealed. In many parts of the country , highway agencies do not have: the authority to insulate buildings. In those states, insulation cannot be included as part of a hi.ghway project. Managing traffic can sometimes reduce noise problems. For example, trucks can be prohibited from certain streets and roads, or they can be permitted to use certain streets and roads only during daylight hours. Traffic lights can be changed to smooth out the flow of traffic and to eliminate the need for frequent stops and starts. Speed limits can be reduced; however, about a 20 mile -per -hour reduction in speed is necessary for a noticeable decrease in noise levels. Pavement is sometimes mentioned as a factor in traffic noise. While it is true that noise levels do vary with changes in pavements and tires, it is not clear that these variations are significant when compared to the noise from exhausts and engines, especially when there are a large number of trucks on the highway. More research is needed to determine to what extent different types of pavements and tires contribute to traffic noise. Until this research is completed, the use of different types of pavement cannot be depended upon to reduce traffic noise. Noise Reduction on New Roads All of the measures described above can be employed on both existing roads and new roads. There are, however, some additional measures which can usually be used only on U.S. Department of Labor, Bureau of Labor Statistics, Bulletin 2541 -Trucking and Warehou; U.S. Department of Labor I Bureau of Labor Statistics I Bulletin 2541 Trucking and Warehousing Significant Points o Truckdrivers hold one-half of all trucking and warehousing jobs. o Job opportunities are expected to be good for qualified truckdrivers and service technicians. o A growing proportion of the Nation's freight is being transported by truck, but business in the industry is prone to rise and fall with upswings and downturns in the overall economy. Natm,e-*f the Industry Firms in the tra&ing and warehousing industry provide a link between manufacturers and consumers. Businesses, and occasionally individuals, contract with trucking and warehousing companies to pick up, transport, store, and deliver a variety of goods. This industry includes two segments, local and long-distance trucking and tenninals and public warehousing and storage. However, the trend towards full-service logistical companies is 151urring the distinction between trucking and warehousing. �1 , u . tJ AN 8 - 2. `4 http://www.bis.gov/oco/cg/print/cgsO2 Lhtmrl B047) rT,6n': t:8l S 11 t THE ZONING BY LAW TOWN OF NORTH ANDOVER, MASSACHUSETTS I� Lit JAN rn nr n7r3�'S 1972 Reprinted 1987 01 M0Rry . ^'b�gTED apa`4. PLANNING BOARD TABLE OF REVISIONS REVISED ZONING BYLAWS OF THE TOWN OF NORTH ANDOVER MASSACHUSETTS AMENDMENT # ZONING BYLAW BRIEF TITLE SECTION 1985/12 4.135(4) LAKE COCHICHEWICK AMEND. 1985/13 4.135(2)(a) WATERSHED DISTRICT 1985/15 2.65 SPGA DEFINITION AMEND. 1985/20 4.11(5) GENERAL PROVISION 1985/21 2.29.1 DAY CARE CENTER 1985/23 ALL DIST. DAY CARE CENTER 1985/24 -7.4.1 LOT WIDTH 1985/25 2.30.1 DEFINITION OF DRIVEWAY 1986/13 4.2 ESTABLISHED PHASED DEV. 1986/15 10.13 PENALTY FOR VIOLATION 1986/16 7.1 CBA REQUIREMENTS 1986/17 4.121(a)(b) PUBLIC/PRIVATE EDUCATION 1986/18 ALL DIST. MUNICIPAL BUILDINGS 1986/100 4.121(6)(a,d,e)SALE OF AG. PRODUCTS 1987/8 TABLE 2 R-1 DIST. LOT AREA CHANGES 1987/10 8.5 ESTABLISHED PRD 1987/11,28 8.3(1) STANDARDS FOR SITE PLAN 4.123 ESTABLISHED VR DISTRICT 1987/12 8.4 ESTABLISHED LANDSCAPE STD. 8.1(13) PARKING IN VR DISTRICT 4.128 ESTABLISHED VC DISTRICT 1987/14 TABLE 1 DELETED "HELISTOP" 1987/16 3.4 ESTABLISHED HISTORIC DIST. 1987/20 2.38.1 DEF. FLOOR AREA, GROSS i 1987/21 2.38.2 DEF. FLOOR AREA, NET 1987/22 2.37.1 DEF. OF FAMILY SUITE 1987/23 2.34 AMENDED DEF. OF TWO FAMILY DWELLING 1987/24 4.122 TWO FAMILY DWELLING IN R-4 1987/25 4.131(3) RETAIL USE- INDUSTRIAL 1987/26 8.1(2) OFF STREET PARKING 1987/27 8.1(2) OFF STREET PARKING 1987/28 8.3 SITE PLAN REVIEW CRITERIA 1987/29 4.135(4)(A) WATERSHED DISTRICT 1987/83 8.6 STANDARDS; SATELITE DISCS Y SECTION 1 PURPOSES The purpose of this By -Law is the promotion of the health, safety, convenience, morals and welfare of the inhabitants of the Town of North Anodver, as provided by Chapter 40-A of the General Laws of the Commonwealth of Massachusetts, as amended by. Chapter 808, Acts of 1975, and as they may be further amended, by regulating and restricting the use of land and buildings, thereby: 1. encouraging the most appropriate use of land, 2. preventing overcrowding of land, 3. conserving the value of land and buildings, 4. lessening congestion of traffic, 5. preventing undue concentration of population, 6. providing adequate light and air, 7. reducing the hazards from fire and other danger, 8. assisting in the economical provision of transportation, water, sewerage, schools, parks and other public facili- ties, 9. controlling the use of bodies of water, including water- courses, 10. reducing the probability of losses resulting from floods, and 11. preserving and increasing the amenities of the town. 1 SECTION 4 BUILDINGS AND USES PERMITTED 4.1 District Use Regulations 4.11 General Provisions (1) In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or parts thereof and uses accessory thereto are permitted. All other buildings and uses are hereby expressly pro- hibited except uses which are similar in character to the permitted uses shall be treated as requiring a Special Permit (1985/26). (2) When a lot in one ownership is situated in part in the Town of North Andover and in part in an adjacent town or city, the provisions; regula- tions and restrictions of this By -Law shall be applied to that portion of such lot as lies in the Town of North Andover in the same manner as if the entire lot were situated therein. (3) When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning regulations set forth in this Zoning By -Law applying to the greater dart by area of such lot so divided may, by Special Permit, be deemed to apply and govern at and beyond such zoning district boundary, but only to an extent not more than one hundred (100) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided. (4) Accessory uses, as defined herein, shall be on the same lot with the building of the owner or occupant, and shall be such as not to alter the character of the premises on which they are lo- cated nor impair the neighborhood. Where manu- facturing of any kind is allowed as an accessory use, it shall be restricted to such light manu- facturing as is incidental to a permitted use and where the product is customarily sold on the premises by the producer to the consumer. (5) No private or public (1985/20) way giving access to a building or use not permitted in a 14 residential district shall be laid out or constructed so as to pass through a residential district. 4.12 Permitted Uses 4.121 Residence 1 District Residence 2 District Residence 3 District (1) One family dwelling, but not to exceed one dwelling on any one lot. (2) Place of worship. (3) Rooming house, renting rooms for dwelling pur- poses or -furnishing table board to not more than four (4) persons not members of the family resident in a dwelling so used, provided there be no display or advertising on such dwelling or its lot other than a name place or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily far such use. (4) For the use of a dwelling in any residential district or multi -family district for a home occupation, the following conditions shall apply: a) Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling; b) The use is carried on strictly within the principal building; c) There shall be no exterior alterations, accessory buildings; or display which are not customary with residential buildings; d) Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1,000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities or products which occupy space .beyond these limits; 15 F1 (8) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least five (5) acres, the keeping of a total of not more than five (5) of any kind or assortment of animals or birds in addition to the household pets of- a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird; but.not the keeping of any animals, birds, or pets of persons not resident on - such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership. and the operation of, equestrian riding academies, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. (9) Day Care Center by Special Permit (1985/23) 4.131 Industrial 1 District (1) Research and development facilities. (2) Business, professional and other offices. (3) Retail and Food uses shall be permitted if they are accessory to the principal use and are primarily intended to service the principal use. No more than ten percent (10%) of the gross floor area of the principal use may be devoted to accessory use. Where there is more than one principal use each use may only have 10% of gross floor area (GFA) devoted to any accessory use. (Refer to Section 2.21, Definition of Accessory Use Structure). (1987/25) (4) Place of worship. (5) Nonprofit school or private school for profit. (6) Public building or use and public service cor- porations. (7) Medical center, clinic, or medical laboratory. 4�b (8) Art gallery or museum. (9) Swimming and/or tennis clubs skating facilities shall be Special Permit. (10) Printing and reproduction. and/or indoor ice permitted with a (11) Helistop (defined as a landing and take -off place for a helicopter, but not including facilities for storage or major repair of helicopters). Special Permit required. (12) Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding area's or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. (13) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the.subject land (14) Warehousing and wholesaling shall be permitted 37 J only as a secondary use. (15) Golf course. (16) Parking, indoor storage and other accessory uses customarily associated with the above uses, pro- vided that such accessory use shall not be in - furious, noxious, or offensive to the neighbor- hood. (17) Day Care Center by Special Permit (1985/23) 4.132 Industrial 2 District (1) Research zrnd development facilities. (2) Business, "professional, and other offices. (3) Accessory retail, personal service and eating and drinking use shall be permitted in an amount not to exceed ten percent (10%) of the total gross floor area of the principal uses. (4) Place of worship. (5) Nonprofit school or private school for profit. (6) Public service corporation and energy or re- source recovery facility. (7) Medical center, clinic, or medical laboratory. (8) Art gallery. (9) Swimming and/or tennis clubs shall be permitted with a Special Permit. (10) Printing and reproduction. (11) Helistop (defined as a landing and take -off place for a helicopter, but not including facilities for storage or major repair of helicopters). Special Permit required. (12) Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing, or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town 38 to by reason of dust, smoke, fumes, odor, noise, vibration, light, or other adverse environmental effect. (13) a) Farming of field crops and row crops, truck gardens, -orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subjet land. (14) Warehousing and wholesaling. (15) Golf course. (16) Lumber or other building materials storage or sales, fuel storage or contractor's yard, pro- vided all outdoor uses are enclosed by a fence of five (5) feet or more in height. (17) Bus garage. (18) Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along centerline), (19) Car wash. (20) Automobile or other motor vehicle repair, pro- vided all activities are within an enclosed building. (21) Veterinary hospital and kennels, provided all activities are within an enclosed building. 1)n 4.133 4.134 (22) Parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. (23) Day Care Center by Special Permit (1985/23) Industrial 3 District (1) Public buildings. (2) Public garages and accessory buildings. (3) Public service corporations. (4) Public sanitary disposal site. (5) Public storage of equipment. (6) All uses permitted in the Industrial 1 District. (7) Day Care Center by Special Permit (1985/23) Industrial "S' District (1) Research and development facilities.. (2) Business, professional and other offices. (3) Place of worship. (4) Nonprofit school or private school for profit. (5) Public building or use and public service cor- poration. (6) Printing and reproduction. (7) Light manufacturing, Ancluding manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise, other commercial non -retail activity, provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. Q Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. One Financial Center Boston, Massachusetts 02111 Benjamin B. Tymann Direct dial 617 210 6853 btymann@mintz.com February 5, 2004 BY FACSIMILE AND FIRST CLASS MAIL Chairman Alberto Angles, Jr. North Andover Planning Board Town of North Andover 27 Charles Street North Andover, MA 01845 Re: Material Installation, Inc. 's Special Permit ofAugust 31, 1987 Dear Chairman Angles: 617 542 6000 617 542 2241 fax RECEIVED FLti 6 2004 BUILDING DEPT. As you may know, a hearing was held before the North Andover Zoning Board of Appeals on January 13, 2004 relative to Konstantinos Balos' appeal of the decision of Commissioner Nicetta that my client, Material Installations, Inc., is in full compliance with the Planning Board Special Permit of August 31, 1987 governing operations at Material Installation's headquarters at 11 Bayfield Drive (the "Special Permit"). During that ZBA hearing, Acting Chairman Soule stated that, per the request of Mr. Balos, the Planning Board would be asking Town Counsel Urbelis to render an opinion on the question of whether the Special Permit can be revised unilaterally by the Planning Board despite Material Installation's full compliance with each of the Permit's terms and conditions. I do not know whether your Board yet has asked for, let alone received, Attorney Urbelis's opinion on this legal question. Nonetheless, I write to explain the reasons why the law clearly does not permit a planning board to revisit, or consider substantive revisions to, a special permit granted sixteen and a half years ago by a predecessor planning board. As you know, a special permit is a property right granted to a landowner. See G.L. c. 40A, § 9. Of course, a permit granting authority that issues a special permit may make the property right it is conveying to the special permit holder subject to conditions, including "limitations on time." Id. Once a permit granting authority decides to issue a special permit with whatever conditions it has included, then files its decision with the town clerk, that "final action," G.L. c. 40A, § 17, is subject to an appeal period of only 20 days. Id. Any such challenge to the special permit -- whether by an aggrieved private party or "any municipal officer or board," id. -- must occur within that twenty -day period. "Th[is] remedy shall be exclusive," the statute says. Id. (emphasis added). Boston Washington Reston New York New Haven Los Angeles London MIN,rz, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C. Chairman Angles February 5, 2004 Page 2 Here, the Planning Board granted Material Installations the Special Permit, unlimited in time, in 1987. No one appealed that Special Permit. Mr. Balos cannot now attack the Special Permit, years after the fact, by asking your board to revise it. The decisions of Massachusetts courts that have treated the issue of the finality of a special permit are as unambiguous as the statutory language that those decisions interpret. In Iodice v. City of Newton, for example, the Supreme Judicial Court held that "by its plain language, Section 17 establishes that a person aggrieved by a decision of a special permit granting authority must seek review of that decision, if at all, within twenty days of the filing of the decision in question." 397 Mass. 329, 333 (1986) (emphasis added); see also, e.g., Eldercare Services., Inc. v. Zoning Bd. of Appeals of Hingham, 17 Mass. App. Ct. 480, 482 (1984); Lincoln v. Board of Appeals of Framingham, 346 Mass. 418, 420 (1963) (both cases holding that the exclusive remedy for undoing board of appeals' decisions is the statutory 20 -day appeal). The Supreme Judicial Court has been just as unequivocal in reiterating the Legislature's rationale for strictly limiting the ability to attack property rights enshrined in a special permit: the holder of a special permit, like Material Installations, "should be able to rely on the decisions of... special permit granting authorities which have not been challenged within a limited period." Iodice, 397 Mass. at 334 (emphasis added). Massachusetts courts take this legal principle so seriously as to treat compliance with Section 17's twenty -day appeal provision as "a condition of maintaining" a challenge to a special permit and a requirement that is "`policed in the strongest way."' Bonfatti v. Zoning Bd. of Appeals of Holliston 48 Mass. App. Ct. 46, 50 (1999), quoting Cappuccio v. Zoning Bd. of Appeals of Spencer, 398 Mass. 304, 311- 312 (1986). In fact, as recently as 2001, the Appeals Court upheld a trial court's decision that invalidated a legal challenge to the issuance of a special permit by an abutter because that abutter was 15 minutes late in filing a copy of her appeal with the Town Clerk as required under [the twenty -day appeal provision. Bingham v. City Council of Fitchburg, 52 Mass. App. Ct. 566, 556-67 (2001) ("Harsh as it may seem," there was no "wiggle room" under the statute to allow this slightly late filing). If one who wishes to undo a special permit cannot do so because she started her challenge 15 minutes after the moment the permit holder could rely on it as final, surely either Mr. Balos or the Planning Board would be barred from doing so sixteen and half years after that deadline. In a Superior Court case where, like here, a neighbor came forward to request revision or reversal of a property right that was granted to a land owner nearly a decade earlier, the Court, in rejecting that challenge, applied these same principles safeguarding a property owner's ability to rely on the property rights already conveyed to him by government authorities. Allison v. Barberry Homes, Inc., 12 Mass. L. Rptr. 138 (Mass. Super. Ct. Aug. 1, 2000) (Sosman, J.). In that case, however, the property right that the Court protected from that extremely tardy legal challenge was a license, a far less enduring property right than a special permit. The holding of MiNTz, LEViN, COHN, FERRIS, GLOVSKY AND POPEO, P.C. Chairman Angles February 5, 2004 Page 3 then -Judge (now Supreme Judicial Court Justice) Sosman in the Allison case is particularly apt to the situation the Planning Board faces with Mr. Balos who -- in addition to claiming that Material Installations is a nuisance to him even though he bought his home well after my client received its special pen -nit and began its warehousing and assembly operations I/ -- apparently hopes that this Board will add new conditions or otherwise revise Material Installations' Special Permit based solely on the notion that, in 1987, a predecessor Planning Board could have added different conditions or otherwise reached a different result. Rejecting this same theory in Allison, then -Judge Sosman stated: Th[e] limitation [that a license should be used in compliance with its terms] does not mean that disgruntled neighbors may, under a nuisance theory, reopen the underlying [] proceedings that led to the issuance of the license to see whether, with hindsight, the license terms could have been crafted differently. ...Challenges to the wisdom or propriety of a [license -granting authority]'s decision must be brought before the [authority] and addressed in any judicial review of the [authority]'s decision. The law of nuisance is not a mechanism for disturbing a [] decision that has long since become final. 12 Mass. L. Rptr. 138. As this letter demonstrates, the law is clear that Material Installation's property rights under the Special Permit cannot be unilaterally revised or reversed sixteen and a half years after those rights were granted. Were that ever to occur, such action would constitute a taking, for which Material Installations would be entitled to compensation. When the 1987 Planning Board issued the Special Permit to Material Installations it did not, as it could have, limit the Permit's duration; rather, it conveyed to Material Installations an indefinite property right. That property right then became final at the moment that the "exclusive remedy" for anyone wishing to challenge the Permit expired. Material Installations, which has been an outstanding corporate citizen and taxpayer in North Andover since 1987, relies on the Special Permit as vital to its business and, as Commissioner Nicetta correctly determined, is in full compliance with it. Therefore, I respectfully urge the Planning Board not to pursue the futile course suggested by Mr. Balos. it "[C]oming to a nuisance ... is a significant factor" weighing against a prospective plaintiff's nuisance claim, particularly where the plaintiff knew or should have known of the type of commercial use taking place on an adjoining property at the time he moved to the neighborhood. Escobar v. Continental Baking Co., 33 Mass. App. Ct. 104, 110 (1992). MINTz, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C. Chairman Angles February 5, 2004 Page 4 If I can answer any questions or provide any additional information of this matter, please do not hesitate to contact me. Thank you for your attention to this matter. cc: Planning Board members Zoning Board of Appeals members D. Robert Nicetta, Building Commissioner Thomas J. Urbelis, Esq., Town Counsel Mark Rees, Town Manager Mr. Konstantinos Balos Mr. Michael Farrow LIT 1440733v1 ..AN 50' a TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS Procedure & Requirements For an Application for a Finding Ten (10) copies of the following information must be submitted thirty QQ) days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that are underlined will be com leted by the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receives a Permit Denial form completed by the Building Commissioner. STEP 2: FINDING APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a FINDING. All information as required in items 1 through and including 11 shall be completed. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. FINDING 'M STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedul the applicant for a hearing date and prepares the It notice for mailing to the parties in interest (abutters for publication in the newspaper. The petitioner is notified that the legal notice has been prepared an( cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO - NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Of of the Zoning Board of Appeals and delivers the lec notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONII BOARD OF APPEALS: The petitioner should appear in his/her behalf, or bE represented by an agent or attorney. In the absenc any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by c the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision wil sent to all parties in interest. Any appeal of the Boc, decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17, within twenty (20) dc - after the decision is filed with the Town Clerk. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISI 'i certifying the time and date of filing. The remaining ten PLANS. )ply copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certificati 'o Appeals secretary. the decision and any accompanying plans at the Es County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification Once the petitioner submits all of the required Recording form and forward it toXhe Zoning Board c - information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest (abuttersj. - r IMPORTANT PHONE NUMBERS: U'r'`�� ' 978-688-9541 Zoning Board of Appeals Office ri 978-688-9501 Town Clerk's Office 978-68 r,A lui�i jp Re rtment SEP 2 2 2003 BOARD OF APPEALS PAGE 4OF4 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. This is required in the case of a finding when the following points based on MGLA ch. 40A sec. 6 and 9 and the North Andover Zoning By -Law Section 9.0 a request for a FINDING shall be clearly identified and factually supported: Addressing each of the below points individually is required with this application. A. The particular use proposed for the land or structure. B. Fact relied upon to support a Finding that the proposed extension or alteration shall not be more substantially detrimental than the existing non- conforming use. C. Addressing all details of the Building Commissioner's denial when appropriate. 10. Plan of Land Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of Appeals. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: a) five or more parking spaces, b) three or more dwelling units, c) 2000 square feet or more of building area. Minor projects that are less than the above limits shall require only the plan information as indicated with an asterisks (*). In some cases further information may be required. 10. B. Plan Specifications: a) Size of plan: Ten (10 ) copies of a plan not to exceed 11"x17" preferred scale of 1" =40'. b) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five ZBA signatures and date on mylar. m FINDING North Andover Zoning Board of Appeals 10 C. FEATURES TO BE INDICATED ON A. Site Orientation shall include: .1. North point 2. zoning district (s) 3. names of streets 4. wetlands to be shown on plan (if applicable) 5. abutters of property, within 300 foot radius 6. location of buildings of adjacent properties wit from applicants proposed structure 7. deed restrictions, easements B. Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in 2. Existing features to be removed in dashed lir 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor. 10 D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the abov features, plans must show detailed utilities, soils, and topographic information. A set of building elevation an interior of building plans shall be required when the application involves new construction, conversion and,A proposed change in use. Elevation plans for minor projects include decks, sheds, & garages shall be included with a side view depicted on the plot plain which include a ground level elevation. 11. APPLICATION FILING FEES A. Notification Fees: Applicant is to send by certifie mail all legal notices to all abutters, and then sul proof of mailing to the ZBA secretary. Applicant is supply stamps (appropriate current postage) fo mailing of decisions to all parties of interest as identified in MGLA ch. 40A, sec. 11 as listed on the application. ZBA Secretary will compute number stamps. B. Applicant is to supply one (1) set of addressed labels of abutters to ZBA Secretary who will mail decisions to abutters and parties in interest. C. Administrative fee of $50.00 per application. Town of North Andover Office of the Zoning Board of Appeals ;? Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta ' Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 18a' of November, 2003 at 7:30 PM to all parties interested in the appeal of Konstantinos & Rowena Balos, 66 Meadowood Road requesting a Finding from Section 4, Paragraph 4.132 and Section 10, Paragraph 10.4 of the Zoning By-law to reverse the Building Commission's opinion that Materials Installations, Inc. 11 Bayfield Drive, North Andover, MA are in compliance with the Zoning By-law and the Planning Board Special Permit of August 31, 1987. The said premise affected is property with frontage on the North side of Bayfield Drive within the I-1 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9.00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on November 3 & 10, 2003. Legalnotice 2003-037 M25P73 _ Board of Appeals 978-688-9541 Building 978-688-9545 conservation 978-688-9530 Health 978-688-9540 Planning 978-68R-9535 North Andover Zoning Board of Appeals Regular Meeting Senior Center, 120R Main Street, North Andover, Massachusetts 01845 Time: 7:30 PM Tuesday November 18, 2003 OLD/NEW BUSINESS: Modification of 12-18-02, Clark Street decision 2002-053 Approval of minutes. Request District PUBLIC HEARINGS; 7dd 1I —rj 01/-` J Konstantinos & Rowena Balos Party Aggrieved I-1 For premises at: 11 Bayfield Drive Christine Robbins Party Agigieved R-4 24 Autran Avenue Campion Hall, LLC Comprehensive Permit R-1 Cochichewick Drive Charles Hope Co., LLP Finding R-4 425 Waverley Road Brian S. & Tarja K. Cockell Variance & SDecial Permit R-4 9 Garden Street John Callamaro Variance & Special Permit R-4 55 Pilgrim Street CONTINUED HEARINGS: # = Members who have heard evidence * = Voted to continue D Rn (Requested continuance until November 18, 2003 meeting) Checkmate Development, LLC Special Permit I-2 & AUZ #WJS/WFS/RF/EM/JL 210 Holt Road *WFS/RF/JP/EM/GE/JL * WJS/WFS/JP/EM/GE/JL * WJS/WFS/RF/EM/GE/JL *WJS/WFS/RF/JP/EM/JL/JS * WJS/WFS/RF/EM/JL/JS * WJS/WFS/RF/EM/JL/JS/RB ORequested continuance until November 18, 2003 meeting) Property owner's of Party Aggrieved R-2 # WJS/ WFS/RV/JP/EM/ts_P Foxwood Drive & Weyland Circle * WJS/WFS/RV/JP/SK * WJS/WFS/JP/SK/GE * WJS/RF/SK/EM/GE *WJS/WFS/EM/GE/JL * WJS/WFS/JP/EM/JL/JS November 18, 2003 Pagel of 2 North Andover Zoning Board of Appeals Regular Meeting Senior Center, 120R Main Street, North Andover, Massachusetts 01845 Time: 7:30 PM Tuesday November 18, 2003 OLD/NEW BUSINESS: Modification of 12-18-02, Clark Street decision 2002-053 Approval of minutes. Request District # = Members who have heard evidence e?dd O" / * =Voted to continue PUBLIC HEARINGS; V "` J Konstantinos & Rowena Balos Party Aggrieved I-1 For premises at: 11 Bayfield Drive Christine Robbins Party Aggrieved R-4 24 Autran Avenue Campion Hall, LLC Comprehensive Permit R-1 Cochichewick Drive 0 Charles Hope Co., LLP Finding R-4 425 Waverley Road Brian S. & Tada K. Cockell Variance & Special Permit R-4 9 Garden Street John Callamaro Variance & Special Permit R-4 55 Pilgrim Street CONTINUED HEARINGS: Mequested continuance until November 18, 2003 meeting) Checkmate Development, LLC Special Permit I-2 & AUZ #WJS/WFS/RF/EM/JL 210 Holt Road *WFS/RF/JP/EM/GE/JL * WJS/WFS/JP/EM/GE/JL * WJS/WFS/RF/EM/GE/JL * WJS/WFS/RF/JP/EM/JL/JS * WJS/WFS/RF/EM/JL/JS *WJS/WFS/RF/EM/JL/JS/RB ORequested continuance until November 18, 2003 meeting) Property owner's of Party Aggrieved R-2 # WJS/ WFS/RV/JP/EMIGL Foxwood Drive & Wevland Circle * WJS/WFS/RV/JP/SK * WJS/WFS/JP/SK/GE * WJS/RF/SK/EM/GE * WJS/WFS/EM/GE/JL * WJS/WFS/JP/EM/JL/JS November 18, 2003 Pagel of2 ,page i Environment The Price of Progress Highway Traffic Noise I Feedback Noise > Products In recent years, highway traffic noise - the unpleasant, unwanted sounds generated on our nation's streets and highways - has been of increasing concern both to the public and to local, State, and Federal officials. At the same time, modern acoustical technology has been providing better ways to lessen the adverse impacts of highway traffic noise. The purpose of this pamphlet is to explain some of these acoustical techniques which are now being employed by government agencies, highway planners and designers, construction engineers, and private developers. Sound and Noise As we all know, sound is created when an object moves: the rustling of leaves as the wind blows, the air passing through our vocal cords, and the almost invisible movement of the speakers on a stereo. This movement causes vibrations or waves in air molecules, like ripples on water. When the vibrations reach our ears, we hear sound. Sound is quantified by a meter which measures units called decibels (dB). For highway traffic noise, an adjustment, or weighting, of the high- and low-pitched sounds is made to approximate the way that an average person hears sounds. The adjusted sounds are called " A -weighted levels" (dBA). The A -weighted decibel scale begins at zero. This represents the faintest sound that can be heard by humans with very good hearing. The loudness of sounds (that is, how loud they seem to humans) varies from person to person, so there is no precise definition of loudness. However, I : based. on many tests of large numbers of people, a sound level of 70 is twice as loud to the listene't:.as a level of 60. This principle is illustrated on the next page. li i'°fA':s :i -? . ,page i Environment --1 The Price of Progress F!-WIA > HE? > Env'ronnent Noise Products Highway Traffic Noise In recent years, highway traffic noise - the unpleasant, unwanted sounds generated on our nation's streets and highways - has been of increasing concern both to the public and to local, State, and Federal officials. At the same time, modern acoustical technology has been providing better ways to lessen the adverse impacts of highway traffic noise. The purpose of this pamphlet is to explain some of these acoustical techniques which are now being employed by government agencies, highway planners and designers, construction engineers, and private developers. Sound and Noise As we all know, sound is created when an object moves: the rustling of leaves as the wind blows, the air passing through our vocal cords, and the almost invisible movement of the speakers on a stereo. This movement causes vibrations or waves in air molecules, like ripples on water. When the vibrations reach our ears, we hear sound. Sound is quantified by a meter which measures units called decibels (dB). For highway traffic noise, an adjustment, or weighting, of the high- and low-pitched sounds is made to approximate the way that an average person hears sounds. The adjusted sounds are called " A -weighted levels" (dBA). The A -weighted decibel scale begins at zero. This represents the faintest sound that can be heard by humans with very good hearing. The loudness of sounds (that is, how loud they seem to humans) varies from person to person, so there is no precise definition of loudness. However, i7 based, on many tests of large numbers of people, a sound level of 70 is twice as loud <i to the listene't':as a level of 60. This principle is illustrated on the next page. 003 page z A MI -1 AC t: �, iiLLr�49 y / Causes of Traffic Noise The level of highway traffic noise depends on three things: ( 1) the volume of the traffic, (2) the speed of the traffic, and (3) the number of trucks in the flow oft9—traffic. Generally, the loudness of traffic n6ise is increased by heavier traffic volumes, higher speeds, and greater numbers of trucks. V —hicle noise is a combination of the noises produced by the engine, exhaust, and tires:/The loudness of traffic noise can also be increased by defective mufflers or other faulty equipment on vehicles. Any condition (such as a steep incline) that causes heavy laboring of motor vehicle engines will also increase traffic noise levels. In addition, there are other more complicated factors that affect the loudness of traffic noise. For example, as a person moves away from a highway, traffic noise levels are reduced by distance, terrain, vegetation, and natural and manmade obstacles. Traffic noise is not usually a serious problem for people who live more than 500 feet from heavily traveled freeways or more than 100 to 200 feet from lightly traveled roads. How Traffic Volume Affects Noise 2000 vehicles per hour sound twice as loud as 200 vehicles per hour How Speed Affects Traffic Noise Traffic at 65 miles per hour sounds twice as loud as traffic at 30 miles per hour How Trucks Affect Traffic Noise Pa4e � One truck at 55 miles per hour sounds as loud as ..� ..._..., P _ _. . 28 cars at 55 miles per hour Determining Noise Impact Highway traffic noise is never constant. The noise level is always changing with the number, type, and speed of the vehicles which produce the noise. Traffic noise variations can be plotted on a graph as shown below. However, it is usually inconvenient and cumbersome to represent traffic noise in this manner. A more practical method is to convert the noise data to a single representative number. Statistical descriptors are almost always used as a single number to describe varying traffic noise levels. The two most common statistical descriptors used for traffic noise are Llo and Leq. Llo is the sound level that is exceeded 10 percent of the time. Noise Leer*1 'A min � men 2 rn€n I Vo snare LID LC,q In the above graph, the shaded areas represent the amount of time that the Llo value is exceeded. Adding each interval during which this occurred shows that during the 60 -minute measuring period the Llo was exceeded 6 minutes (1/2 + 2 + 2 + 11/2 = 6) or 10 percent of the time. The calculation of Leq is more complex. Leq is the constant, average sound level, which over a period of time contains the same amount of sound energy as the varying levels of the traffic noise. Leq for typical traffic conditions is usually about 3 dBA less than the Llo for the same conditions. The Federal Highway Administration (FHW A) has established noise impact criteria for different land uses close to highways. Some of the exterior criteria are illustrated below. Land Use 11-10 Leq Residential 70 67 dBA dBA Commercial dB 72 A dBA If a project causes a significant increase in the future noise level over the existing noise level, it is page 4 also considered to have an impact. What Can Be Done to Reduce Highway Noise? Highway noise is being attacked with a three-part strategy: motor vehicle control, land use control, and highway planning and design. The responsibilities for implementing these strategies must be shared by all levels of government: Federal, State, and local. Often, local officials can most effectively solve specific noise problems in their areas, as demonstrated in the U.S. Environmental Protection Agency's (EPA) Quiet Community and Each Community Helps Others (ECHO) programs. The following two sections briefly describe how traffic noise impacts can be reduced or prevented through efforts to obtain quieter vehicles and efforts to control future development near highways. The remainder of this pamphlet focuses mainly on noise abatement in the Federal -aid highway program. Motor Vehicle Control The first part of the strategy goes right to the source of traffic noise: the vehicles. For example, vehicles can be designed with enclosures for the engine, fans that turn off when not needed, and better mufflers. Quieter vehicles would bring about a substantial reduction in traffic noise along those roads and streets where no other corrective measures are possible. The EP A has issued regulations placing a limit on the noise which new trucks can make. In addition, many local and State governments have passed ordinances or laws requiring existing vehicles to be properly maintained and operated. Unfortunately, due to limitations in technology, these EP A regulations for new trucks and State and local regulations for maintenance of vehicles can only partially reduce the noise created by traffic. The best that can be expected is a 5 to 10 dBA decrease in the noise level. Where this is insufficient, other measures must be used. Land Use Control The second part of the strategy calls for the control of future development. Sometimes, complaints about highway traffic come from occupants of new homes built adjacent to an existing highway. Many of these highways were originally constructed through undeveloped lands. There are several hundred thousand miles of existing highways in this country bordered by vacant land which may some day be developed. Prudent land use control can help to prevent many future traffic noise problems in these areas. Such controls need not prohibit development, but rather can require reasonable distances between buildings and roads as well as "soundproofing" or other abatement measures to lessen noise disturbances. Many local governments are working on land use control. Less noise -sensitive commercial buildings can be placed next to a highway, with residences farther away. Highway Planning and Design The third part of the highway noise reduction strategy is highway planning and design. Early in the page 5 planning stages of most highway improvements, highway agencies do a noise study. The purpose of this study is to determine if the project will create any noise problems. First, the existing noise levels of a highway are measured or computed by models. Then, the agency predicts what the noise levels will be if the project is constructed. If the predicted noise levels are above Federal noise criteria, the noise study must consider measures that can be taken to lessen these adverse noise impacts. This information is reported at public meetings and hearings if they occur. Noise Reduction on Existing Roads Some noise reduction measures that are possible on existing roads or on roads that are being rebuilt include creating buffer zones, constructing barriers, planting vegetation, installing noise insulation in buildings, and managing traffic. Buffer zones are undeveloped open spaces which border a highway. Buffer zones are created when a highway agency purchases land, or development rights, in addition to the normal right of way, so that future dwellings cannot be constructed close to the highway. This precludes the possibility of constructing dwellings that would otherwise experience an excessive noise level from nearby highway traffic. An additional benefit of buffer zones is that they often improve the roadside appearance. However, because of the tremendous amount of land that must be purchased and because in many cases dwellings already border existing roads, creating buffer zones is often not possible. Open space can be left as a buffer zone between residences and a highway. Noise barriers are solid obstructions built between the highway and the homes along the highway. Effective noise barriers can reduce noise levels by 10 to 15 decibels, cutting the loudness of traffic noise in half. Barriers can be formed from earth mounds along the road (usually called earth berms) or from high, vertical walls. Earth berms have a natural appearance and are usually attractive. However, an earth berm can require quite a lot of land if it is very high. Walls take less space. They are usually limited to 25 feet in height for structural and aesthetic reasons. Noise walls can be built of wood, stucco, concrete, masonry, metal, and other materials. Many attempts are being made to construct noise barriers that are visually pleasing and that blend in with their surroundings. However, barriers do have1 imitations. For a noise barrier to work, it must be high enough and long enough to block the view of a road. Noise barriers do very little good for homes on a hillside overlooking a road or for buildings which rise above the barrier. Openings in noise walls for driveway connections or intersecting streets destroy -the effectiveness of barriers. In some areas, homes are scattered too far apart to permit noise barriers to be built at a reasonable cost. page b Earth Berm Noise Barrier Wooden Noise Barrier Concrete Noise Barrier with Woodgrain Texture Shadow Effect of Noise Barrier The lower house is protected by the barrier, but the upper one is not. Vegetation, if high enough, wide enough, and dense enough (cannot be seen through), can page / decrease highway traffic noise. A 200 -foot width of dense vegetation can reduce noise by 10 decibels, which cuts the loudness of traffic noise in half. It is often impractical to plant enough vegetation along a road to achieve such reductions; however, if dense vegetation already exists, it could be saved. If it does not exist, roadside vegetation can be planted to create psychological relief, if not an actual lessening of traffic noise levels. 2W tee Loudness Cut in Half No Noise Reduction (Psychological) Vegetation and Noise Reduction Insulating buildings can greatly reduce highway traffic noise, especially when windows are sealed and cracks and other openings are filled. Sometimes, noise -absorbing material can be placed in the walls of new buildings during construction. However, insulation can be costly because air conditioning is usually necessary once the windows are sealed. In many parts of the country , highway agencies do not have: the authority to insulate buildings. In those states, insulation cannot be included as part of a hi.ghway project. Managing traffic can sometimes reduce noise problems. For example, trucks can be prohibited from certain streets and roads, or they can be permitted to use certain streets and roads only during daylight hours. Traffic lights can be changed to smooth out the flow of traffic and to eliminate the need for frequent stops and starts. Speed limits can be reduced; however, about a 20 mile -per -hour reduction in speed is necessary for a noticeable decrease in noise levels. Pavement is sometimes mentioned as a factor in traffic noise. While it is true that noise levels do vary with changes in pavements and tires, it is not clear that these variations are significant when compared to the noise from exhausts and engines, especially when there are a large number of trucks on the highway. More research is needed to determine to what extent different types of pavements and tires contribute to traffic noise. Until this research is completed, the use of different types of pavement cannot be depended upon to reduce traffic noise. Noise Reduction on New Roads All of the measures described above can be employed on both existing roads and new roads. There are, however, some additional measures which can usually be used only on new roads. First, a new road can be located away from noise -sensitive areas, such as schools or hospitals, and placed near nonsensitive areas, such as businesses or industrial plants. New roads can also be located in undeveloped areas. Nagc o Second, a new road can be constructed below ground level. Much of the noise from vehicles traveling on this type of road is deflected into the air by embankments on the side of the road. Thus, these embankments function in much the same way as noise barriers. Highway Below Ground Level Third, a new road can be designed and constructed as level as possible. The elimination of steep inclines helps to reduce traffic noise because motor vehicle engines, especially multigeared truck engines, do not have to work as hard. Although there are a great many noise reduction measures possible, they all have limitations. Consequently, there are many situations where none of these noise reduction measures can be used. In these situations, the only option left may be for local authorities to require adequate muffler devices for the louder vehicles. Federal Role The Federal Highway Administration is the agency responsible for administering the Federal -aid highway program. Under this program, Federal funds are allotted by Congress to the individual States. However, before these monies can be used for highway projects, the projects must be approved by FHW A, which can only grant its approval for projects that are developed in accordance with Federal statutes and regulations. One of these regulations requires that a noise study be accomplished to determine what noise impacts, if any, will result from the proposed highway improvement and what measures will be taken to lessen these noise impacts. If noise impacts are expected, noise -reduction measures that are determined by the State highway agency and the FHW A to be practicable, reasonable, and acceptable to the public must be incorporated into the highway improvement. The costs of the noise -reduction measures are included with the other costs of the highway improvement and are eligible for Federal funding in the same proportion as other aspects of the project. State highway agencies may also use Federal highway grants for noise -reduction projects on existing roads on the Federal -aid system. The monies spent on noise -reduction measures are deducted from funds which would otherwise be available for highway construction. Federal funds may be used for the construction of noise barriers, for acquisition of land on which to build such barriers, and for the purchase of undeveloped land as a preemptive buffer zone. Traffic operational measures such as truck routes and restriction of hours of operation are often feasible noise abatement measures, and the costs of such measures are eligible for Federal funding. The "soundproofing" of public -use institutional buildings may be incorporated in Federal -aid highway projects to abate traffic noise, but the use of Federal funds for soundproofing commercial buildings or private dwellings is not normally permitted. FHWA Home I HEP Home I Noise Home I Feedback 0 IF HWA TOWN OF NORTH ANDOVER DUMPSTER REGULATIONS FOR THE REMOVAL, TRANSPORTATION AND STORAGE OF GARBAGE, RUBBISH, OFFAL OR OTHER OFFENSIVE SUBSTANCES The Board of Health, Town of North Andover, Massachusetts in accordance with, and under the authority granted by Sections 31A and 31B of Chapter 111 of the General Laws of the Commonwealth of Massachusetts hereby adopted the following rules and regulations at the meeting of February 10, 1994. This regulation shall take effect January 1, 1995. Section 1.0 DEFINITIONS Dumpster: Any container other than a conventional trashcan with lid intended for the outdoor storage of rubbish, garbage or refuse of any sort. Section 2.0 PRE -INSTALLMENT REQUIREMENTS: 2.1 No person or property owner, authorized agent or corporate entity shall maintain or operate a trash or refuse dumpster, with a volume capacity greater than (three) 3 cubic yards, without first obtaining a permit from the Board of Health at least three (3) days prior to installation. 2.2 The permit fee shall be $25.00 per establishment per calendar year, and must be accompanied by a completed application on a form supplied by the Board of Health. 2.3 Dumpster permits may be suspended or revoked by the Board of Health for failure of the dumpster contractor or property owner/owner's agent to comply with the requirements of these regulations. 2.4 No contractor,. firm or person shall supply a dumpster service in the Town of North Andover, for the purpose of storage, removal or transporting of garbage, rubbish, offal or other offensive substances without first obtaining a dumpster service license from the Board of Health. All licenses shall expire at the end of the calendar year in which they are issued, but may be renewed annually on application as herein provided. There shall be a fee of $100 payable for said dumpster service license, per truck. 2.5 These regulations apply to all dumpsters in the Town of North Andover, whether for residential, commercial, or industrial use. f -F C, 1-E �i NOV 1 7 2003 BOARD OF APPEALS APR 2 0 X994 LAfdDLAW INC. Section 3.0 CONTRACTOR'S RESPONSIBILITIES: 3.1 The contractor shall have the dumpster(s) deodorized, washed or sanitized as necessary at the time of emptying, or as directed by order. of the Board of Health. 3.2 The emptying of the contents of the dumpster(s) by the contractor shall not commence before 7:00 AM and not continue after 9:00 PM. The Board may modify these hours, if, in its reasonable judgement, it is convinced that the public health, safety or public welfare would be better served. The Board of Health shall be guided in this regard by the location, nearness to residential property, frequency of emptying, resulting noise and other factors which it considers appropriate. 3.3 The contractor shall have his/her name and business telephone number conspicuously displayed on each dumpster. 3.4 No truck that hauls dumpster contents shall be used to transport hazardous materials or waste. 3.5 The Board of Health may attach any conditions to the license of a removal contractor that it deems would serve the interest of the safety, health, welfare or quality of life of the citizens of the Town. 3.6 Failure to comply with these regulations may result in a fine of $50.00, as well as suspension or revocation of permits as deemed necessary by the Board of -Health. Section 4.0 AUTHORIZED AGENT/PROPERTY OWNER'S RESPONSIBILITY 4.1 Each dumpster must be located at a distance from the lot line so as not to interfere with the safety, convenience or health of abutter or residents. Dumpster location must be approved by the Board of Health. 4.2 When deemed necessary by the Board of Health, it may be required that a dumpster site be enclosed or screened by the property owner or authorized agent. 4.3 It shall be the responsibility of the owner or agent whose property is being serviced to maintain the dumpster area free of odors, scattered debris, and all other nuisances, and to prevent overflow. In 4.4 It shall also be the responsibility of the owner or agent whose property is being serviced by the dumpster(s) to maintain the lid(s) in a closed condition at all times except when actually in the process of placing refuse in the dumpster. 4.5 Dumpsters are to be used only by those individuals who are authorized by the owner or agent whose property is being serviced. All unauthorized use shall be considered a trespass of private property. The owner or agent may post a sign stating: "Unauthorized use is prohibited by order of the Board of Health." 4.6 No dumpster shall be used to dispose of hazardous materials or waste. 4.7. Dumpsters are not to be filled after 9:00 P.M. or before 7:00 A.M. for residential property nor after the close of the business day for commercial property, at which time the lids are to be locked. Section 5.0 TEMPORARY•DUMPSTERS 5.1 No person or property owner, authorized agent or corporate entity shall maintain or operate a temporary dumpster (gondola or roll -off type) without first obtaining a 30 -day permit from the Board of Health at least three (3) days prior to installation. Said permit may be renewed for an additional 30 days upon application. The property owner or authorized agent shall comply with all the provisions of these regulations which are applicable to the operation of a dumpster. 5.2 The fee for each temporary dumpster permit shall be $10.00. 5.3 An inspection and sanitary survey of the temporary dumpster and surrounding area will be conducted by an agent of the Board to verify compliance with Board of Health standards. 5.4 Temporary dumpsters for on-site use by construction, renovation, or repair firms will be exempt from these regulations. Section 6.0 ENFORCEMENT 6.1 Random inspections and sanitary surveys of in-place dumpsters and surrounding areas will be conducted by an agent of the Board to verify compliance with Board of Health standards. 6.2 All violations of State and Local Regulations shall be remediated in accordance with said regulations. 6.3 If such corrective action, as ordered by the Board of Health, is not taken by the authorized agent/property owner within the time limit set forth by the Board of Health, the Board of Health shall take such legal action as necessary to remediate the violation. 6.4 The Board of Health, at its discretion may levy fines upon the authorized agent/property owner in accordance with MGL Section 40, Chapter 21D. Fines will be no less than $50, and no greater than $100. Section 7.0 SEVERABILITY If any provision of this General Bylaw is held to be unconstitutional or in violation of State Law, it will not affect any other provision or the administration thereof. Rev. 1/94 NOV-14-2003 FRI 08:37 PM MRRKJOHNSON rHA IVU, U(041ootUO LAW OFFICE OF MARK B. JOHNSON )7. Chestnut Street Andover, Massachusetts 01810-3706 (978) 475-4488 'I'decopier: (478)115.6703 MARK 11, )1111NSON (MA, Nl I, nC) I INPA A. O'CONNFLI. (MA, Nit, RI) I:IC)NALU V. I'li)ItI,Ns'rL;IN (MA, Ml:) MIC'IIAP'l, a ruizi.ow (MA) ,IAMI•.,4 BONFANTI (MA) SI IAUNA F. MuCART1IY, LU, u:Jg',Js KA'1 I IRYN M, MORIN LIANNIi C RISTA1111 MAN I1. DUIT MI01FLE C. )ONIKAS Date: Noycnjhcr 14.2003 F'ACSIMIT,t; 7'RANSMISSION COVER SIIliET TO: I2cihcq NiccIn, Building tnsnc�lr�r�_. Ito: 24Atltrtn Ave. -Robbins l:ceeiving 1 acsin>ilc Nurr)ber, 978.68L042_._ . From: Donald F.13otcnstein Esnuirc S4nding I`acsimiIo Ntimber: j9781475-15703 Number of Pages being trausinitted (including this cover sheet): _ 5 Message; -Ais felecopy is r'-illurliey-client privileged and contains confidential inforrnation intended only f w the person(s) named above. Any other distribution, copying or disclosure is sN'kNy prohibited ff you have received this felecopy in error, please notify us immediately by Yelcpho e, and return the. original transmission to its by ,nail without uurkitr; NOV-14-2003 FRI 08:37 FM MKKJUHNSUN PHIS NV, U(041DOIUJ LAW OFFICL OF MARK B. JOHNSON 12 Chestnut Street Andmui-, Mnssnchusetts 01810-3706 (978) 475-4488 T'deoulficr. (978) 475-6703 MARK 11. JOHN,S(M (MA, NII, DCT t,INUA A. n'CONNI.1.1. (MA, Nu, Rl) DONAID V 50l0;NSPI:IN (MA,Atrs) MICIIAVI, U, FUR1,0NC1 (MA) JAMES WNFANII (MA) SI IAUNA G. k1Q(;ARTIIY, J 0. November 14, 2003 Via P acsimile: 978.688.9542 And First Class AMU l:obcrl Nicella, Building Inspector Town of North Andover 120 Main Street Noi,th Andover, MA 01845 Re: North Andover Zoning Board of Appeals Christine Robbins 24 AAutrill sA1v-zrlue _..,— Deslr Mr, Nicetui: I, UC. P 1114 KATIIRYN M, MORIN I,IANNrs C RISI'Al_DI JOAN it. DU/T' MiC'I1111' C. JON)KAS I'c•r your request, enclosed please find photo -copies of M,G.L. c.40A, § I 1 ,inti a photu-copy of §7.05,5 from the IIandhook of Massachusetts Land Use anti Plannitin Law, regardiing the abovc-captioned ITTaticr. As you can see from the highlighted sections, Section I l provides that it is within the discretion of the Board of Appeals to accept an Affidavit of actual service on parties in interest (a/khi .ibuttcrs) in lieu ofi.I.S. mail notice. As we discussed, I propose that the Bogard exercise that discretion in this matter as to any unit owners in the I Icritage Great Condominium that the Board believes would otherwise be entitled to mailed notice. (It is my understanding that certified mail notice has already beell issue by the 'Town to all parties in interest located on Autran Avenue). At this time, Ms. Rohbins has already hand -delivered notice to each condominium unit in cool► building located within 300 feet of her property and will be prepared to cblivcr an aflidavil to this effect, signed under the pains and penalties of perjury, at the Board's upcoming •hearing. I believe this will both satisfy the statutory P,aul.j n0�r �W,'u� 0osalubtna•, C11113u U3.41H N As (krweQo0zdO' 11-I3 0;1 disc IC, 1 I j A NOV-14-2003 FRI 08:37 PM MARKJOHNSUN r u.) Robert Ni.ecttn, Building inspector November 111, 2003 Page 2 notice requirements nn<l avoid the imposition of an unreasonable burden on the applicant. 'f'o rcquirc cct•lifcel mail notice to every unit owner in the Heritage Gran Couclotninium, regardless of the location of their unit, is beyond the requirements of the Zoning Act and would impose an unnecessary practical barrier to Ms. Robbins' right to a herring before the Hoard. Ifyou have any questions, picasc feel free to contact me, Tam hopeful that the l3wrd will consider this request as to service of notice at the Upcoming meeting wid, elect to accept this notice and to proceed with a substantive hearing on the matter. Very truly yours, LAW Or[ -ICT; OT� MARK B. JOTINSON Donald P. Borenstein t)I B--klb linelosures llrel,j nlldAjVNnw•Dori%Robbins, Chrio in0 E103.418 N. AndoyMnlrom-ht 11.13-03.doc " NOV-14-2003 FRI 08:37 PM MRRKJOHNSON . rHn NU, ara4 MIUJ r, u4 7' f ADMINISi'RATION AND ENFORCEMENT t c alos that failu,'C to provideunlicc because of prot,lemc in mailingwill be excused if a reasonable clfort is made to usccrtaiu a correct address. Wbure (lira board fails to provi(lu notice to the planning board, or The planning t hnnctl t,(' any aliulliu� city or town, it is likely that the court will hold thu defect e to ba rnral error•rn I ii (5] Waiver of Notice and Special Notice c Mass. (Yen. 1.. ch. 40A, § 11 slates that the Stealing authority: n In may cicevpt, a waiv&r of notice from, or tut llfftdavir of actual ltotiCC to ally t, lardy in interest, or, in his stead, any successorsiwner of record who tray not hove. raccivcd a notice, by retail, antl may order spcaial notice to any such o �' tvison, fivinl; licit Ie cs thein, five nor marc than ten additional days to reply. e "ilia hoard of appeals may salvage (Wootive mailed notice under this provision: The paitioner may assist by securing a waiver of notice or an affidavit of acluitI notice Or the error is dkeoverctl well before the hearing). 'File hoard may order ly speciill notice 10 he prnvidcd in the event that a waiver or an.tlflidavit t,unnlll he to ollutiaal."t ty Its Irl Public• Hearing s• Mass. Gert. L. ch, 40A, § 15 requires a public hearing before the decision OF circ: hermit-t;rantirlt; aulhorlty. At a minimum, Tice public barring provides an fo "opporlonity for interested persons to appear and express (heir views pro nod • � , con.'+u� li- In an adntiuisiralive, appeal, the buildin&inspu•tol'130 has a clary, pursuant to Mass, (Y'en. 1.. ch. 40A, § 15, to i ansmit to the Ward of appeals all da:untelnts Mid patx:rs c onstituling; tht' record of the decision from which the appeal has been 'ly' taken. 'nie board of appeals should ho certain that !hese papers are available• at ilia snort of !hu hearing nod that they are incorporated into the record of thin pro- ;cs ct:Cdiltrs. ►kl 114tilod 10 tho p:nY:cl at the lot number, but it was relurned by the pa?t office. The coiu•l held that the Ofori'l of the hoord nliligmcd lack of natiec and Uuu Ute himni's decision notxl not be invalidated hrc8mw of 1110 dofvt I, :alv 127 Ka.V) , 1 Mass. Apt). Ct. nl 254 (Citing Mcdeiros v. AMemten of Woburn, 350 Mass. 767 u;a. Y: INNS)). The court ststed Hint this result is "prnbal+le.' Inst the Herfrdros decision scams to be right I nl ou pain!; G i,; uncl.•ar wNathvr the hoard ntntt postpone or coPtinnr. itr hearing p) mcCivc any infnnttalion the party wishes In prvwant to the hoard, or if lho Mani can consider dais hirorination if received for after 111: hu,b•ing 14S been clnerd. on• 10 Millen ('onur•.rms Amocs. V. Board of Apj%;als of Milton, 14 Matas. App, Ct. 111, 114-115 AM, (1982) (ci,iflg Willey Y. 'f(wn Council of liarrinjlun, 261 A.2d 627 (RX 1970)). i10 Or the maini; Mministrttor, where apldicable. 231 a, I x 'Ell 00 -27 1 -f Ul R= < 19, r-7 4 T 1-4 p II m k =fid wl a 44- I4 zm >> t7l rl UN TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Of NOR TM q 16, Np 10-2 Raymond T Santilli '- Assistant Town Manager « & Human Resources Director 9SSACHUSE,( July 17, 2003 Mr. Konstantinos Balos 66 Meadowood Road North Andover, MA 01845 Dear Mr. Balos: TEL (978) 688-9516 FAX (978) 688-9556 - Your recent letter to Town Manager Mark Rees regarding Material Installations, Inc. was forwarded to me for follow-up and response. Over the past weeks, I have met with Building Commissioner Robert Nicetta several times to review your issues. Mr. Nicetta has had multiple discussions and meetings with representatives of Material Installations regarding your concerns. The company claims that their daily activities begin at 7:00 a.m. as required. This includes all truck operations. This obviously differs significantly from the activity log you provided for a 4% month period. Regarding the noise and truck issues, I have notified the Police Department to dispatch a patrol unit several times during the night hours to the location (11 Bayfield Drive) to ensure that there is no truck activity (either idling or fueling). I have also asked that these nightly dispatches occur at random times. Regarding the zoning by-law issues you raise, I have forwarded your letter to Mr. William Sullivan, Chairman of the Zoning Board of Appeals. If you wish to address the matter before the ZBA, you can file the appropriate paperwork at the ZBA office located at 27 Charles Street as part of the Community Development & Services Division. Sincerely, Raymond T. Santilli Assistant Town Manager & Human Resources Director cc., Mark Rees, Town Manager Robert Nicetta, Building Commissioner William Sullivan, Chairman, ZBA June 14, 2003 Mr. K. Dino Balos 66 Meadowood Road North Andover, Ma 01845 RE: Material Installations, Inc. 11 Bayfield Drive Dear Mr. Balos: After several phone conversations with you it was a pleasure to meet you after the Zoning Board of Appeals meeting of June 10'x. In our phone conversation I mentioned that the Town. of North Andover does not have a noise or a start/stop work hour bylaw. Research of the September 2, 1987 Planning Board Site Plan Review Decision indicates the following: Item 02 of the Conditional Approval addresses the "concern of abutters to the North of Material Installations property of truck noise and lights during the night. Proponents for the project stated that the newest dwellings are 200 feet to 400 feet respectively from the building, but admit that into the winter months, a lack of foliage in the intervening woods may be cause for concern and have suggested that truck traffic be directed onto the locus by way of Willow Street entrances thereby minimizing headlights being directed to the North by the present access from Bayfield Drive". 2. Item 3# of the Conditional Approval addresses the concern of "truck traffic flow will be required to access -egress the property from the Willow Street curb cut only and automobile egress the site from the curb cut on Bayfield Drive. This will be a condition for continued occupancy and will be implemented by the use of one way signs and exit only signs and others as deemed necessary both installed at the two curb cuts as well as the truck docks and painted indications on the pavement throughout the parking access -egress areas". June 14, 2003 Mr. K. Dino Balos 66 Meadowood Road North Andover, Ma 01845 RE: Material Installations, Inc. I 1 Bayfield Drive Dear Mr. Balos: After several phone conversations with you it was a pleasure to meet you after the Zoning Board of Appeals meeting of June I&. In our phone conversation I mentioned that the Town of North Andover does not have a noise or a start/stop work hour bylaw. Research of the September 2, 1987 Planning Board Site Plan Review Decision indicates the following: Item #2 of the Conditional Approval addresses the "concern of abutters to the North of Material Installations property of truck noise and lights during the night. Proponents for the project stated that the newest dwellings are 200 feet to 400 feet respectively from the building, but admit that into the winter months, a lack of foliage in the intervening woods may be cause for concern and have suggested that truck traffic be directed onto the locus by way of Willow Street entrances thereby minimizing headlights being directed to the North by the present access from Bayfield Drive". 2. Item 3# of the Conditional Approval addresses the concern of "truck traffic flow will be required to access -egress the property from the Willow Street curb cut only and automobile egress the site from the curb cut on Bayfield Drive. This will be a condition for continued occupancy and will be implemented by the use of one way signs and exit only signs and others as deemed necessary both installed at the two curb cuts as well as the truck docks and painted indications on the pavement throughout the parking access -egress areas". William Sullivan, Chairman ZBA August 25, 2003 Mr. Konstantinos "Dino" Balos 66 Meadowood Road North Andover, MA 01845 RE: Zoning Complaint Materials Installations, Inc. 11 Bayfield Drive Dear Mr. Balos: I am of the following opinion after investigating your complaint against the above referenced business: • The Planning Board Special Permit of August 31, 1987 did not place a definite time of operation for Materials Installations, Inc. in the Conditional Approval of the Site Plan Review. • hi 1987 and presently the North Andover Zoning By-law does not address hours of operation. • The Planning Board Decision of 1987 does not place any restriction on the type of business Materials Installations, Inc. conducts at the Industrial -1 site. In fact the August 31" decision gave the business permission "to expand the assembly and live storage areas in an existing building by 18,200 square feet". • In 1987 and presently the North Andover Zoning By-law does not address "noise levels" in any zoning district. • On site investigation reveals that the "row of planted arborvitae to the rear of the building and the six (6) foot closed stockade fence erected along the property line" are in place as required in Paragraph 5 of the Conditional Approval. The Building Commissioner / Zoning Enforcement Officer is of the opinion that Materials Installations, Inc. is in compliance with the approved Planning Board Special Permit of August 31, 1987, time stamped by the North Andover Town Clerk on September 03, 1987. Pursuant to Section 10.4 of the North Andover Zoning By-law this decision maybe grieved within thirty (30) days before the North Andover Zoning Board of Appeals. 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MOTION: By John Simons to continue the public hearing until 8-31-87 SECOND: George Perna Q VOTE: Unanimous QMai ia.L Ix� Wjatioi SitePlan. Raw._._. John Simons read a copy of a letter sent to Mr. & Mrs. Redman from Material installation with regards to lighting and traffic issues. Jim Bourgeois of Channel Building presented the Board with revised plans. He proposed that traffic would enter from Willow Street opposed to the present route of entering. The lighting issue will be addressed as well as the possibility of a 6 foot stockade fence and arborvitae to be planted as a buffer. - Tom Neve spoke with regards to mitigation of runoff and 4.19 acres of an area being incubious on 5.6 acres. MOTION: By John Simons to close the public hearing SECOND: George Perna VOTE: Unanimous Jerad II - Definitive Modification Mr. Tom Neve requested an extension for the decision until Sept. 18, 1987. MOTION: By George Perna to continue the public hearing until Sept. 14, 1987 SECOND: John Simons VOTE: Unanimous Rocky Brook - Definitive Modification Mr. Tom Neve spoke with regards to the plans being consisitant with the conditional approval decision the Board previously rendered. Issues relating to drainage, floodplain and detention ponds were addressed. The waterloop issue, a concern of the Fire Department, not necessary as long as sprinklers and sprinkler systems are used by the applicant. The dead-end road length issue is not a problem according to a letter received from Buddy Cyr to Mr. Neve. There will be a 30 foot easement on lot 19. Mr. Neve will send a letter for an extention for the decision until Sept. 6, 1987. Decision due at August 31, 1987 meeting. r&Y C/' IYF�7' , , 243 MOTION: By Paul Hedstrom to accept the cash bond of $92,200. SECOND: George Perna VOTE: Unanimous Teoma Estates MOTION: By George Perna to release $7,000.00 SECOND: Paul Hedstrom VOTE: Unanimous Bear Hill Subdivision - Lot #78 MOTION: By John BUrke that 2 Board members sign and hold until the Planner and Director approve. SECOND: George Perna VOTE: Unanimous REORGANIZATION MOTION: By John BUrke to rotate Chairmanship Paul Hedstrom, Chairman George Perna, Vice -Chairman John Simons, Clerk SECOND: George Perna VOTE: Unanimous John Burke stated that the Board has not had enough time to review the plans. A recommendation to walk the site and draft comments was made. MOTION: By John BUrke to set up a site visit on September 19, 1987 at 9:00 a.m. and continue the discussion until September 28, 1987 meeting. SECOND: George Perna VOTE: Unanimous DECISIONS �yia� �nstallac�n -;s� t P1� Review MOTION: By John Simons to approve the Special Permit subject to -9 conditions SECOND: George Perna VOTE: Unanimous N NOTE: Decision is part of minutes. (� Rocky Brook - Definitive Subdivision MOTION: By John Simons to approve subject to 41 conditions. M�M W SECOND: John Burke Q VOTE: Unanimous NOTE: Decision is part of minutes. Northmark Bank - Site Plan Review MOTION: By Paul Hedstrom to approve as per draft decision. SECOND: John Burke VOTE: Unanimous NOTE: Decision is part of minutes MINUTES OF AUGUST 17, 1987 and April 29, 1987 MOTION: By George Perna to accept the minutes SECOND: John Burke VOTE: Unanimous BONDS Turner Estates MOTION: By Paul Hedstrom to accept the cash bond of $92,200. SECOND: George Perna VOTE: Unanimous Teoma Estates MOTION: By George Perna to release $7,000.00 SECOND: Paul Hedstrom VOTE: Unanimous Bear Hill Subdivision - Lot #78 MOTION: By John BUrke that 2 Board members sign and hold until the Planner and Director approve. SECOND: George Perna VOTE: Unanimous REORGANIZATION MOTION: By John BUrke to rotate Chairmanship Paul Hedstrom, Chairman George Perna, Vice -Chairman John Simons, Clerk SECOND: George Perna VOTE: Unanimous NOISE NUISANCE - MATERIAL INSTALLATIONS, INC. 5 of 11 NOISE AND THE UNBORN CAN NOISE AFFECT THE FETUS? • Studies have shown maternal stress causes constriction of the uterine blood vessels which supply nutrients and oxygen to the developing baby. • Stress may then threaten fetal development if it occurs early in pregnancy. The most important period is about 14 to 60 days after conception. During this time, important developments in the central nervous system and vital organs are taking place. Source: Noise Effects Handbook, A Desk Reference to Health and Welfare Effects of Noise. By Office of the Scientific Assistant, Office of Noise Abatement and Control, U.S. Environmental Protection Agency. EPA 500-9-82-106. Page 37. PERFORMANCE INTERFERENCE IS INDUSTRIAL NOISE CONSIDERED A PROBLEM IN PERFORMANCE INTERFERENCE? Yes, industrial noise may have the most pronounced effects on performance including exhaustion, absentmindedness, mental strain absenteeism tenseness, and irritability. Source: Noise Effects Handbook, A Desk Reference to Health and Welfare Effects of Noise. By Office of the Scientific Assistant, Office of Noise Abatement and Control, U.S. Environmental Protection Agency. EPA 500-9-82-106. Page 47. ARE CHILDREN SUSCEPTIBLE TO PERFORMANCE EFFECTS OF NOISE? • There have been field studies which demonstrate that high noise levels have been correlated with poor performance on reading tests and auditory discrimination problems. • These effects were found to have little to do with socio-economic class or IQ. The significance of these effects is particularly important for younger children who through lack of verbal experience need lower noise levels in which to perform in order to develop the basic skills which contribute to cognitive and language development. • Sleep disturbance is one of the major causes of annoyance due to noise. If it becomes a chronic problem, sleep disturbance may potentially lead to health disorders. Source: Noise Effects Handbook, A Desk Reference to Health and Welfare Effects of Noise. By Office of the Scientific Assistant, Office of Noise Abatement and Control, U.S. Environmental Protection Agency. EPA 500-9-82-106.. Page 47. NOISE NUISANCE - MATERIAL INSTALLATIONS, INC. 4 of 11 • Growing evidence suggests a link between noise and cardiovascular problems. • There is also evidence suggesting that noise may be related to birth defects and low birth -weight babies. • There are also some indications that noise exposure can increase susceptibility to viral infection and toxic substances. Source: Noise Effects Handbook, A Desk Reference to Health and Welfare Effects of Noise. By Office of the Scientific Assistant, Office of Noise Abatement and Control, U.S. Environmental Protection Agency. EPA 500-9-82-106. Page 31. NOISE AND THE BODY'S REACTIONS ARE CHILDREN MORE SUSCEPTIBLE TO THE PHYSIOLOGICAL STRESS EFFECTS OF NOISE? • At least two studies exist which suggest that exposure to high noise levels in schools and neighborhoods are associated with elevations in blood pressure. • The blood pressure levels of children living in high noise environments were found to be significantly higher than those of children attending schools or residing in quieter areas. Source: Noise Effects Handbook, A Desk Reference to Health and Welfare Effects of Noise. By Office of the Scientific Assistant, Office of Noise Abatement and Control, U.S. Environmental Protection Agency. EPA 500-9-82-106. Page 34. WITH WHAT OTHER STRESS EFFECTS CAN NOISE BE ASSOCIATED? Stress can be manifested in any number of ways, including headaches, irritability, insomnia, digestive disorders, and psychological disorders. Noise has been related to the following: • General morbidity (illness) • Neuropsychological disturbances • headaches • fatigue • insomnia • irritability • neuroticism • Cardiovascular system disturbances • hypertension • hypotension • cardiac disease • Digestive disorders • ulcers • colitis • Endocrine and biochemical disorders Source: Noise Effects Handbook, A Desk Reference to Health and Welfare Effects of Noise. By Office of the Scientific Assistant, Office of Noise Abatement and Control, U.S. Environmental Protection Agency. EPA 500-9-82-106. Page 35. 1, l NOISE NUISANCE - MATERIAL INSTALLATIONS, INC. 3 of 11 But the presence of noise in our natural, rural, and urban environments is not just a nuisance -it's a health hazard. For example: • Noise is a biological stressor that has negative effects on the entire physiological system, contributing to elevated blood pressure, and changes in blood chemistry. • Noise causes sleep disturbances, which cause a host of problems, including reduced job performance, mood changes, and increased risk of automobile accidents. • Noise negatively affects one's ability to learn and concentrate. Studies have shown decreased reading ability and scholastic performance of school children exposed to noise. • Studies of adults show poorer performance of complex tasks in noisy environments. • Noise renders us less tolerant of frustration and numb to the needs of other people, further reducing our quality of life and the civility of society. Source: The Quiet Noise, Noise Pollution Clearinghouse, Summer 2001. NOISE EFFECTS - GENERAL Research solidly supports that noise is a health hazard, not just a nuisance. In passing the Noise Control Act of 1972, Congress found that "inadequately controlled noise presents a danger to the health and welfare of the Nation's population, particularly in urban areas." IS LONG-TERM EXPOSURE TO NOISE CONSIDERED A HEALTH RISK? It is possible that repeated or constant exposure to noise can contribute to a deterioration in health. Research is accumulating which suggests a relationship between long-term noise exposure and stress-related health effects, particularly those related to the cardiovascular system. Source: Noise Effects Handbook, A Desk Reference to Health and Welfare Effects of Noise. By Office of the Scientific Assistant, Office of Noise Abatement and Control, U.S. Environmental Protection Agency. EPA 500-9-82-106. Page 33. WHY IS NOISE CONSIDERED A HEALTH PROBLEM? Noise is generally viewed as being one of a number of general biological stressors. • Noise may contribute to the development and aggravation of stress related conditions such as high blood pressure, coronary disease, ulcers, colitis, and migraine headaches. NOISE NUISANCE - MATERIAL INSTALLATIONS, INC. 2 of 11 NOISE — TRUCKING ACTIVITY • Motor vehicles cause various types of noise, includes engine acceleration, tire/road contact, braking, and horns. • Heavy vehicles (i.e., trucks) can cause vibration and infrasound (low frequency noise). Source: Indicators of the Environmental Impacts of Transportation, Office of Policy and Planning, USEPA (Washington DC; www.itre.ncsu.edu/cte), 1999. • A study of noise equivalency factors for trucks relative to Passenger vehicles determined that a truck traveling at a speed of 20 mph has an equivalency factor equal to 84 passenger vehicles. Source: FHWA -Office of Policy, "Comprehensive Truck Size and Weight." A study of outdoor noise levels indicated that a "Diesel Truck at 50 feet" is classified in the "Very Loud" category. Source: California -Nevada Super Speed Train Commission — March 2002 HOW DOES NOISE ANNOY? Noise by definition is unwanted sound. It is an intrusion on one's sense of privacy. • Noise can be an emotional strain and a source of great frustration when the noise is beyond a person's control. Noise may interfere with a broad range of human activities, the overall effect of which is to cause annoyance. Such activities include: 1. Speech communication in conversation and teaching 2. Telephone communication 3. Listening to television and radio broadcasts 4. Listening to music 5. Concentration during mental activities 6. Relaxation 7. Sleep Source: Noise Effects Handbook, A Desk Reference to Health and Welfare Effects of Noise. By Office of the Scientific Assistant, Office of Noise Abatement and Control, U.S. Environmental Protection Agency. EPA 500-9-82-106. Page 56 IS NOISE A PROBLEM? In the words of former U.S. Surgeon General William H. Stewart, "Calling noise a nuisance is like calling smog an inconvenience. Noise must be considered a hazard to the health of people everywhere. " 1 4 NOISE NUISANCE - MATERIAL INSTALLATIONS, INC. 1 of 11 FACTS: • The Town of North Andover classifies the properties on Meadowood Road as `Residential -6.' Source: Town of North Andover records. • 11 Bayfield Drive d/b/a Material Installations is classified as `Industrial -1.' Source: Town of North Andover records. • A Site Plan Review (August 3, 1987) [for 11 Bayfield Drive] recognizes concerns with regard to truck noise and the use of "evergreens and fencing to be looked into for possible noise barriers." Source: Town of North Andover records. • The Conditional Approval (September 2, 1987) indicates a landscape plan that includes a "row of planted arborvitae to the rear of the building." The plan also includes "a six (6) foot closed stockade fence be erected along the property line." Source: Town of North Andover records. • The Articles of Organization [for Material Installations, Inc] states the following with regard to its business: "to store, warehouse, transport and deliver all types and kinds of office furniture or related systems." Source: Commonwealth of Massachusetts records. • The Merrimack Valley Planning Commission (MVPC) indicates that the primary business of Material Installations is "Office Furniture and Equipment Installation (Whol)." Source: MVPC. NOISE SOURCE — MATERIAL INSTALLATIONS. INC. a) Shipping dock operations (to include truck activity) beginning earlier than claims made by Material Installations that they begin at 7:00 a.m.; b) Mechanical operation of trucks and related machinery (e.g., waste disposal); c) Trucks idling over 5 minutes (overnight as well as during shipping dock operations); d) Nighttime activities (e.g., truck operations - truck fueling, truck idling, etc.); and e) Loud voices of workers. NOISE NUISANCE — MATERIAL INSTALLATIONS, INC. TABLE OF CONTENTS FACTS (pages 1-2) • NOISE SOURCE - MATERIAL INSTALLATIONS, INC. • NOISE - TRUCKING ACTIVITY • HOW DOES NOISE ANNOY? • IS NOISE A PROBLEM? NOISE EFFECTS - GENERAL (pages 3-4) • IS LONG-TERM EXPOSURE TO NOISE CONSIDERED A HEALTH RISK? • WHY IS NOISE CONSIDERED A HEALTH PROBLEM? NOISE AND THE BODY'S REACTIONS (page 4) • ARE CHILDREN MORE SUSCEPTIBLE TO THE PHYSIOLOGICAL STRESS EFFECTS OF NOISE? • WITH WHAT OTHER STRESS EFFECTS CAN NOISE BE ASSOCIATED? NOISE AND THE UNBORN (page 5) • CAN NOISE AFFECT THE FETUS? PERFORMANCE INTERFERENCE (page 5) • IS INDUSTRIAL NOISE CONSIDERED A PROBLEM IN PERFORMANCE INTERFERENCE? • ARE CHILDREN SUSCEPTIBLE TO PERFORMANCE EFFECTS OF NOISE? EFFECTS OF NOISE (page 6) • HOW DOES NOISE INTERFERE WITH SLEEP? • IS THE SLEEPER AWARE OF ALL OF HIS BODILY REACTIONS TO NOISE? • WHAT ARE THE INDIRECT EFFECTS OF SLEEP DISTURBANCE? CRITERIA FOR SLEEP DISTURBANCE (page 6) • CAN SLEEP DISTURBANCE CAUSE LONG-TERM PROBLEMS? MENTAL, PSYCHOLOGICAL EFFECTS (page 7) • IS EXCESSIVE NOISE EXPOSURE RELATED TO MENTAL ILLNESS? WHAT LAWS APPLY TO THE NOISE PROBLEM? (pages 7-8) • HAVE THERE BEEN ANY COURT CASES SIMILAR TO THIS? WHAT CAN I DO? (page 8) POSSIBLE SOLUTIONS (pages 8-10) • CHANGE BUSINESS OPERATIONS • ACOUSTICAL ENGINEERING - SOUND PROOF WINDOWS • SOUND BARRIER WALL • OTHER SUGGESTIONS CONCLUSION (page 11) • GOOD NEIGHBOR POLICY • CLOSING Application for a Finding - Zoning BoardA66WtylCog - Shipping Area Re: Material Installations, Inc. Sep 10, 2003 0619-0704 Truck Idling (Separate) Sep 10, 2003 0620-0651 Truck Idling (Separate) Sep 10, 2003 0725-0751 Truck Idling (Separate) Sep 11, 2003 0635 Truck Activity Sep 11, 2003 0705-0713 Truck Idling Sep 11, 2003 2158 Truck Activity Sep 12, 2003 0551 Truck Activity Sep 12, 2003 0642 Loading Activity Sep 12, 2003 0647 Truck Activity Sep 12, 2003 0653 Truck Activity Sep 12, 2003 0725-0736 Truck Idling Sep 12, 2003 2134 Truck Activity Sep 12, 2003 2236 Truck Activity Sep 13, 2003 0100 Truck Activity Sep 13, 2003 0657 Loading Activity Sep 15, 2003 0050 Loading Activity Sep 15, 2003 0627 Truck Activity Sep 15, 2003 0641 Loading Activity Sep 15, 2003 0651 Truck Activity Sep 15, 2003 0705 Operation of Machinery Sep 15, 2003 0705-0709 Truck Idling Sep 15, 2003 0745-0750 Truck Idling Sep 16, 2003 0130-0136 Truck Fueling Sep 16, 2003 0637 Operation of Machinery Supplemental Attachment Application for a Finding - Zoning BoardAb8%litg1LOg - Shipping Area Re: Material Installations, Inc. Aug 21, 2003 0700-0717 Truck Idling Aug 22, 2003 0607 Loading Activity Aug 22, 2003 0622-0656 Truck Idling Aug 22, 2003 0643-0650 Truck Idling (Separate) Aug 22, 2003 0645-0655 Truck Idling (Separate) Aug 22, 2003 2110-2113 Truck Activity Aug 23, 2003 0722-0735 Truck Idling Aug 25, 2003 0615 Loading Activity Aug 25, 2003 0621-0624 Truck Idling Aug 25, 2003 0635-0637 Truck Idling Aug 26, 2003 0624-0626 Truck Idling Aug 27, 2003 0558-0605 Truck Idling Aug 27, 2003 0613 Truck Activity Aug 27, 2003 0617-0619 Truck Activity Aug 27, 2003 0625-0627 Truck Idling Aug 27, 2003 0632 Loading Activity Aug 28, 2003 0510 Truck Activity Aug 28, 2003 0611 Loading Activity Aug 28, 2003 0620-0657 Truck Idling Aug 29, 2003 0609 Truck Activity Aug 29, 2003 0610-0612 Truck Idling Aug 29, 2003 0638-0640 Truck Idling Aug 29, 2003 0648 Truck Activity Sep 02, 2003 0130-0137 Truck Idling Sep 02, 2003 0550 Truck Activity Sep 02, 2003 0605 Truck Activity Sep 02, 2003 0607-0613 Truck Idling Sep 02, 2003 0615-0638 Loading Activity Sep 03, 2003 0616 Truck Activity Sep 03, 2003 0653-0702 Truck Idling Sep 03, 2003 2131-2138 Truck Fueling Sep 04, 2003 0617 Truck Activity Sep 04, 2003 0640 Truck Activity Sep 05, 2003 0610 Loading Activity Sep 05, 2003 0618 Truck Activity Sep 05, 2003 2010-2017 Truck Fueling Sep 05, 2003 2037 Truck Activity Sep 08, 2003 0155 Truck Activity Sep 08, 2003 0633-0647 Loading Activity Sep 08, 2003 0712-0723 Truck Idling Sep 08, 2003 1934 Truck Activity Sep 09, 2003 0649 Truck Activity Sep 10, 2003 0553-0614 Truck Idling Sep 10, 2003 0618-0707 Truck Idling Supplemental Attachment Application for a Finding - Zoning BoardAUMtylLog - Shipping Area Re: Material Installations, Inc. Jul 31, 2003 0633 Loading Activity Jul 31, 2003 0638 Truck Activity Aug 01, 2003 0646 Loading Activity Aug 02, 2003 0645 Truck Activity Aug 04, 2003 0645 Loading Activity Aug 04, 2003 0705-0726 Truck Idling Aug 05, 2003 0615 Loading Activity Aug 05, 2003 0640 Truck Activity Aug 05, 2003 0646-0703 Truck Idling Aug 06, 2003 0610-0630 Truck Idling Aug 06, 2003 0642-0647 Truck Idling Aug 06, 2003 0655-0710 Loading Activity Aug 07, 2003 0600 Truck Activity Aug 07, 2003 0603 Truck Activity Aug 07, 2003 0617-0652 Loading Activity Aug 07, 2003 0652 Truck Activity Aug 07, 2003 0721-0731 Truck Idling Aug 08, 2003 0548 Truck Activity Aug 08, 2003 0550 Loading Activity Aug 08, 2003 0605 Truck Activity Aug 08, 2003 0616 Truck Activity Aug 08, 2003 0623 Truck Activity Aug 08, 2003 0714-0720 Truck Activity Aug 09, 2003 No Log to of Aug 11, 2003 ctivity Maintained Aug 12, 2003 0615 Truck Activity Aug 12, 2003 0634 Truck Activity Aug 12, 2003 0639-0659 Truck Idling Aug 12, 2003 0641 Truck Activity (Separate) Aug 12, 2003 0705-0720 Operation of Machinery Aug 13, 2003 0552 Truck Activity Aug 13, 2003 0620 Loading Activity Aug 13, 2003 0638 Loud Music Aug 13, 2003 2100 Truck Fueling Aug 14, 2003 0839-0859 Truck Idling Aug 15, 2003 0620 Loading Activity Aug 18, 2003 0615 Loading Activity Aug 18, 2003 0640-0720 Truck Idling Aug 18, 2003 0654-0714 Truck Idling (Separate) Aug 18, 2003 2249-2254 Truck Fueling Aug 20, 2003 0629 1 Truck Activity Aug 20, 2003 0702-0709 Truck Idling Aug 21, 2003 0605-0640 Loading Activity Supplemental Attachment r Application for a Finding - Zoning BoardA6it}1jog - Shipping Area Re: Material Installations, Inc. Jun 23, 2003 0615 Truck Activity Jun 23, 2003 0630 Truck Activity Jun 23, 2003 2000-2010 Truck Idling Jun 23, 2003 2230 Truck Activity Jun 24, 2003 0620 Truck Activity Jun 24, 2003 0700-0820 Operation of Machinery Jun 24, 2003 2215 Truck Activity Jun 25, 2003 0712-0723 Truck Idling Jun 26, 2003 0700 Truck Activity Jun 26, 2003 0720-0845 Truck Idling Jun 27, 2003 0715 Truck Activity Jul O1, 2003 0710 Truck Activity Jul 02, 2003 0720 Truck Activity Jul 08, 2003 2155 Truck Activity Jul 09, 2003 230-2240 Truck Idling Jul 10, 2003 0705-0750 Truck Idling Jul 11, 2003 2300 Truck Activity Jul 12, 2003 0615-0700 Truck Idling Jul 13, 2003 0610 Truck Activity Jul 13, 2003 0628 Truck Activity Jul 13, 2003 0630-0638 VanIdling Jul 14, 2003 0600 Truck Activity Jul 14, 2003 0604-0622 Truck Activity Jul 14, 2003 0700-0707 Truck Idling Jul 14, 2003 2135-2200 Truck Idling Jul 15, 2003 0600-0635 Truck Idling Jul 16, 2003 0550-0600 Truck Idling Jul 17, 2003 0600 Truck Activity Jul 17, 2003 0650-0700 Truck Idling Jul 18, 2003 0630 Truck Activity Jul 19, 2003 0225-0235 Truck Fueling Ju120, 2003 0700 Truck Activity Jul 21, 2003 0703 Truck Activity Jul 22, 2003 0700 Truck Activity Jul 23, 2003 0640-0725 Truck Idling Ju124, 2003 0710-0737 Loading Activity Jul 25, 2003 0700 Truck Activity Jul 25, 2003 2335 Truck Activity Ju128, 2003 0610-0615 Truck Activity Ju130, 2003 0610 Truck Activity Jul 30, 2003 0636 Truck Activity Jul 30, 2003 2145 Truck Activity Jul 31, 2003 0603 Truck Activity Jul 31, 2003 0614 Truck Activity Supplemental Attachment Application for a Finding - Zoning BoardA&Wtyllog - Shipping Area Re: Material Installations, Inc. May 12, 2003 2300-2310 Truck Idling May 14, 2003 2115-2130 Truck Fueling May 15, 2003 0600-0630 Dumpster Operation May 16, 2003 0530-0615 Truck Idling May 17, 2003 0230-0245 Truck Idling May 17, 2003 0500-0510 Truck Idling May 24, 2003 0250-0315 Truck Fueling May 24, 2003 0800-0840 Truck Idling May 29, 2003 0630-0710 Truck Idling May 30, 2003 0620-0655 Truck Idling May 31, 2003 0235-0245 Truck Fueling May 31, 2003 0555-0720 Truck Operations Jun 02, 2003 2220-2230 Truck Fueling Jun 04, 2003 0630 Truck Idling Jun 04, 2003 2200 Truck Idling Jun 05, 2003 0600 Truck Idling Jun 06, 2003 0550 Truck Idling Jun 09, 2003 2250 Truck Fueling Jun 10, 2003 0555-0615 Truck Idling Jun 11, 2003 0800-0830 Truck Idling Jun 11, 2003 2245-2255 Truck Fueling Jun 12, 2003 0555-0655 Truck Idling Jun 13, 2003 0545-0600 Truck Idling Jun 13, 2003 0620-0635 Truck Idling Jun 13, 2003 0650-0720 Truck Idling Jun 14, 2003 0300 Truck Activity Jun 14, 2003 0700 Truck Activity Jun 16, 2003 0550-0615 Truck Idling Jun 16, 2003 0650-0700 Truck Idling Jun 18, 2003 0600-0610 Truck Idling Jun 18, 2003 0640-0655 Operation of Machinery Jun 18, 2003 2105-2115 Truck Idling Jun 18, 2003 2230-2345 Truck Idling Jun 19, 2003 0605-0610 Truck Idling Jun 20, 2003 0550 Loading Activity Jun 20, 2003 0555-0605 Truck Idling Jun 20, 2003 0630-0650 Truck Idling Jun 20, 2003 0730-0755 Truck Idling Jun 20, 2003 2135-2140 Truck Idling Jun 20, 2003 2150 Truck Activity Jun 21, 2003 0720 Truck Activity Jun 22, 2003 0615-0630 Loading Activity Jun 22, 2003 0650 Truck Activity Jun 23, 2003 0557-0607 I Truck Idling Supplemental Attachment Application for a Finding - Zoning BoardAl6%Wtqr1Log - Shipping Area Re: Material Installations, Inc. DATE TIME ACTIVITY (military hours) Feb 02, 2003 0030-0600 Truck Idling Feb 03, 2003 No to Log of Feb 23, 2003 Actitiy Feb 24, 2003 2345 Truck Idling Feb 26, 2003 0400 Truck Idling Mar 01, 2003 0010 Truck Idling Mar 02, 2003 No to Log of Mar 22, 2003 Actitiy Mar 22, 2003 midnight Truck Idling Mar 25, 2003 0545 Truck Idling Mar 26, 2003 0515 Truck Idling Mar 28, 2003 2140 Truck Idling Apr 02, 2003 2125 Truck Idling Apr 04, 2003 0550-0830 Truck Idling Apr 04, 2003 2035 Truck Idling Apr 07, 2003 0600-0745 Truck Idling Apr 08, 2003 0730 Truck Idling Apr 14, 2003 0600-0745 Truck Idling Apr 15, 2003 0615-0722 Truck Idling Apr 17, 2003 0600-0745 Truck Idling Apr 18, 2003 0615-0745 Truck Idling Apr 19, 2003 0650-0730 Truck Idling Apr 22, 2003 0630-0720 Operating Waste Disposal Unit Apr 23, 2003 0605-0630 Operting Heavy Machinery Apr 23, 2003 0645-0730 Truck Idling Apr 25, 2003 0630-0745 Truck Idling Apr 26, 2003 0645 Truck Idling Apr 28, 2003 0605-0650 Truck Idling Apr 29, 2003 0615-0730 Truck Idling Apr 30, 2003 2225 Truck Fueling May 01, 2003 0620-0715 Truck Idling May 02, 2003 0625-0725 Truck Idling May 03, 2003 0615-0645 Truck Idling May 05, 2003 0445-0505 Truck Idling May 06, 2003 0630-0715 Operating Waste Disposal Unit May 08, 2003 0440-0505 Truck Idling May 08, 2003 2145-2210 Truck Idling May 10, 2003 1220-1235 Truck Fueling May 12, 2003 0550-0622 Truck Idling Supplemental Attachment NOISE NUISANCE - MATERIAL INSTALLATIONS, INC. 7 of 11 MENTAL, PSYCHOLOGICAL EFFECTS WHAT KIND OF MENTAL OR PSYCHOLOGICAL EFFECTS CAN OCCUR WITH EXCESSIVE NOISE EXPOSURE? • Excessive noise exposure can bring about a wide variety of psychological responses or symptoms in the individual. A person may respond with anger, or experience symptoms such as anxiety, irritability, and/or general emotional stress. • Distraction and poor judgment may result from mental fatigue. Source: Noise Effects Handbook, A Desk Reference to Health and Welfare Effects of Noise. By Office of the Scientific Assistant, Office of Noise Abatement and Control, U.S. Environmental Protection Agency. EPA 500-9-82-106. Page 52. IS EXCESSIVE NOISE EXPOSURE RELATED TO MENTAL ILLNESS? Studies have shown that residential areas exposed to high noise levels may have a higher incidence of mental illness among their residents. Source: Noise Effects Handbook, A Desk Reference to Health and Welfare Effects of Noise. By Office of the Scientific Assistant, Office of Noise Abatement and Control, U.S. Environmental Protection Agency. EPA 500-9-82-106. Page 53. WHAT LAWS APPLY TO THE NOISE PROBLEM? ZoninE: Through zoning local government regulates what uses may be made of a parcel of land. The intent is to protect adjoining property owners from incompatible uses and to increase the likelihood that a community grows in a way that enhances overall quality of life. • Section 4.132 of the North Andover Zoning By-laws states the following: 11. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing, or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. 13. Warehousing and wholesaling shall be permitted only as a secondM use. 15. Parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be iniurious, noxious or offensive to the neighborhood. NOISE NUISANCE - MATERIAL INSTALLATIONS, INC. 6 of 11 EFFECTS OF NOISE HOW DOES NOISE INTERFERE WITH SLEEP? • Noise, of course, can make it difficult to fall asleep. • Noise levels can create momentary disturbances of natural sleep patterns by causing shifts from deep to lighter stages. Noise may even cause awakening which the person may or may not be able to recall. Source: Noise Effects Handbook, A Desk Reference to Health and Welfare Effects of Noise. By Office of the Scientific Assistant, Office of Noise Abatement and Control, U.S. Environmental Protection Agency. EPA 500-9-82-106. Page 48. IS THE SLEEPER AWARE OF ALL OF HIS BODILY REACTIONS TO NOISE? • He/she can be completely unaware of being affected but can have a disruption of total sleep quality nevertheless. • Subjects often forget and underestimate the number of times that they awaken during sleep. • Loud noises can continue to awaken or arouse the sleeper, but they may become so familiar with the sounds that they return to sleep very rapidly. Source: Noise Effects Handbook, A Desk Reference to Health and Welfare Effects of Noise. By Office of the Scientific Assistant, Office of Noise Abatement and Control, U.S. Environmental Protection Agency. EPA 500-9-82-106. Page 48. WHAT ARE THE INDIRECT EFFECTS OF SLEEP DISTURBANCE? A person whose sleep has been disturbed severely may feel lethargic and nervous during his waking hours and may be unable to perform at his usual level of efficiency. Source: Noise Effects Handbook, A Desk Reference to Health and Welfare Effects of Noise. By Office of the Scientific Assistant, Office of Noise Abatement and Control, U.S. Environmental Protection Agency. EPA 500-9-82-106. Page 48. CRITERIA FOR SLEEP DISTURBANCE CAN SLEEP DISTURBANCE CAUSE LONG-TERM PROBLEMS? • Sleep is thought to be a restorative process during which organs of the body renew their supply of energy and nutritive elements. • Since noise can disrupt the sleep process, it may take its toll on health. Source: Noise Effects Handbook, A Desk Reference to Health and Welfare Effects of Noise. By Office of the Scientific Assistant, Office of Noise Abatement and Control, U.S. Environmental Protection Agency. EPA 500-9-82-106. Page 52. page 1 Environment The Price of Progress R-lAl.."k > HEP = Envifon hent ., 'wise > ProdLJOS Highway Traffic Noise In recent years, highway traffic noise - the unpleasant, unwanted sounds generated on our nation's streets and highways - has been of increasing concern both to the public and to local, State, and Federal officials. At the same time, modern acoustical technology has been providing better ways to lessen the adverse impacts of highway traffic noise. The purpose of this pamphlet is to explain some of these acoustical techniques which are now being employed by government agencies, highway planners and designers, construction engineers, and private developers. Sound and Noise As we all know, sound is created when an object moves: the rustling of leaves as the wind blows, the air passing through our vocal cords, and the almost invisible movement of the speakers on a stereo. This movement causes vibrations or waves in air molecules, like ripples on water. When the vibrations reach our ears, we hear sound. Sound is quantified by a meter which measures units called decibels (dB). For highway traffic noise, an adjustment, or weighting, of the high- and low-pitched sounds is made to approximate the way that an average person hears sounds. The adjusted sounds are called " A -weighted levels" (dBA). The A -weighted decibel scale begins at zero. This represents the faintest sound that can be heard by humans with very good hearing. The loudness of sounds (that is, how loud they seem to humans) varies from person to person, so there is no precise definition of loudness. However, D �bapq, on a.ny,-tests of large numbers of people, a sound level of 70 is twice as loud �o the listener as a level of 60. This principle is illustrated on the next page. NOV 1 7 2003 IUB BOA;:O OfF APPEALS •page 2 .fir,}'£7 Causes of Traffic Noise The level of highway traffic noise depends on three things: ( 1) the volume of the traffic, (2) the speed of the traffic, and (3) the number of trucks in the flow oft9-traffic. Generally, the loudness of traffic n6ise is increased by heavier traffic volumes, higher speeds, and greater numbers of trucks. V -hicle noise is a combination of the noises produced by the engine, exhaust, and tires:/The loudness of traffic noise can also be increased by defective mufflers or other faulty equipment on vehicles. Any condition (such as a steep incline) that causes heavy laboring of motor vehicle engines will also increase traffic noise levels. In addition, there are other more complicated factors that affect the loudness of traffic noise. For example, as a person moves away from a highway, traffic noise levels are reduced by distance, terrain, vegetation, and natural and manmade obstacles. Traffic noise is not usually a serious problem for people who live more than 500 feet from heavily traveled freeways or more than 100 to 200 feet from lightly traveled roads. How Traffic Volume Affects Noise 2000 vehicles per hour sound twice as loud as 200 vehicles per hour How Speed Affects Traffic Noise Traffic at 65 miles per hour sounds twice as loud as traffic at 30 miles per hour How Trucks Affect Traffic Noise page 3 .. . . . ..... One truck at 55 miles per hour sounds as loud as 28 cars at 55 miles per hour Determining Noise Impact Highway traffic noise is never constant. The noise level is always changing with the number, type, and speed of the vehicles which produce the noise. Traffic noise variations can be plotted on a graph as shown below. However, it is usually inconvenient and cumbersome to represent traffic noise in this manner. A more practical method is to convert the noise data to a single representative number. Statistical descriptors are almost always used as a single number to describe varying traffic noise levels. The two most common statistical descriptors used for traffic noise are Llo and Leq. Llo is the sound level that is exceeded 10 percent of the time. Level `12 min 2 min 2 rnin i 4'# #r14 r1 LI -o Leq In the above graph, the shaded areas represent the amount of time that the Llo value is exceeded. Adding each interval during which this occurred shows that during the 60 -minute measuring period the Llo was exceeded 6 minutes (1/2 + 2 + 2 + 11/2 = 6) or 10 percent of the time. The calculation of Leq is more complex. Leq is the constant, average sound level, which over a period of time contains the same amount of sound energy as the varying levels of the traffic noise. Leq for typical traffic conditions is usually about 3 dBA less than the Llo for the same conditions. The Federal Highway Administration (FHW A) has established noise impact criteria for different land uses close to highways. Some of the exterior criteria are illustrated below. Land Use 11-10 Leq Residential 70 67 dBA dBA Commercial dB 72 A dBA If a project causes a significant increase in the future noise level over the existing noise level, it is page 4 also considered to have an impact. What Can Be Done to Reduce Highway Noise? Highway noise is being attacked with a three-part strategy: motor vehicle control, land use control, and highway planning and design. The responsibilities for implementing these strategies must be shared by all levels of government: Federal, State, and local. Often, local officials can most effectively solve specific noise problems in their areas, as demonstrated in the U.S. Environmental Protection Agency's (EPA) Quiet Community and Each Community Helps Others (ECHO) programs. The following two sections briefly describe how traffic noise impacts can be reduced or prevented through efforts to obtain quieter vehicles and efforts to control future development near highways. The remainder of this pamphlet focuses mainly on noise abatement in the Federal -aid highway program. Motor Vehicle Control The first part of the strategy goes right to the source of traffic noise: the vehicles. For example, vehicles can be designed with enclosures for the engine, fans that turn off when not needed, and better mufflers. Quieter vehicles would bring about a substantial reduction in traffic noise along those roads and streets where no other corrective measures are possible. The EP A has issued regulations placing a limit on the noise which new trucks can make. In addition, many local and State governments have passed ordinances or laws requiring existing vehicles to be properly maintained and operated. Unfortunately, due to limitations in technology, these EP A regulations for new trucks and State and local regulations for maintenance of vehicles can only partially reduce the noise created by traffic. The best that can be expected is a 5 to 10 dBA decrease in the noise level. Where this is insufficient, other measures must be used. Land Use Control The second part of the strategy calls for the control of future development. Sometimes, complaints about highway traffic come from occupants of new homes built adjacent to an existing highway. Many of these highways were originally constructed through undeveloped lands. There are several hundred thousand miles of existing highways in this country bordered by vacant land which may some day be developed. Prudent land use control can help to prevent many future traffic noise problems in these areas. Such controls need not prohibit development, but rather can require reasonable distances between buildings and roads as well as "soundproofing" or other abatement measures to lessen noise disturbances. Many local governments are working on land use control. Less noise -sensitive commercial buildings can be placed next to a highway, with residences farther away. Highway Planning and Design The third part of the highway noise reduction strategy is highway planning and design. Early in the page 5 planning stages of most highway improvements, highway agencies do a noise study. The purpose of this study is to determine if the project will create any noise problems. First, the existing noise levels of a highway are measured or computed by models. Then, the agency predicts what the noise levels will be if the project is constructed. If the predicted noise levels are above Federal noise criteria, the noise study must consider measures that can be taken to lessen these adverse noise impacts. This information is reported at public meetings and hearings if they occur. Noise Reduction on Existing Roads Some noise reduction measures that are possible on existing roads or on roads that are being rebuilt include creating buffer zones, constructing barriers, planting vegetation, installing noise insulation in buildings, and managing traffic. Buffer zones are undeveloped open spaces which border a highway. Buffer zones are created when a highway agency purchases land, or development rights, in addition to the normal right of way, so that future dwellings cannot be constructed close to the highway. This precludes the possibility of constructing dwellings that would otherwise experience an excessive noise level from nearby highway traffic. An additional benefit of buffer zones is that they often improve the roadside appearance. However, because of the tremendous amount of land that must be purchased and because in many cases dwellings already border existing roads, creating buffer zones is often not possible. Open space can be left as a buffer zone between residences and a highway. Noise barriers are solid obstructions built between the highway and the homes along the highway. Effective noise barriers can reduce noise levels by 10 to 15 decibels, cutting the loudness of traffic noise in half. Barriers can be formed from earth mounds along the road (usually called earth berms) or from high, vertical walls. Earth berms have a natural appearance and are usually attractive. However, an earth berm can require quite a lot of land if it is very high. Walls take less space. They are usually limited to 25 feet in height for structural and aesthetic reasons. Noise walls can be built of wood, stucco, concrete, masonry, metal, and other materials. Many attempts are being made to construct noise barriers that are visually pleasing and that blend in with their surroundings. However, barriers do have1 imitations. For a noise barrier to work, it must be high enough and long enough to block the view of a road. Noise barriers do very little good for homes on a hillside overlooking a road or for buildings which rise above the barrier. Openings in noise walls for driveway connections or intersecting streets destroy the effectiveness of barriers. In some areas, homes are scattered too far apart to permit noise barriers to be built at a reasonable cost. page 6 Earth Berm Noise Barrier Wooden Noise Barrier Concrete Noise Barrier with Woodgrain Texture € t r Shadow Effect of Noise Barrier The lower house is protected by the barrier, but the upper one is not. Vegetation, if high enough, wide enough, and dense enough (cannot be seen through), can page 7 decrease highway traffic noise. A 200 -foot width of dense vegetation can reduce noise by 10 decibels, which cuts the loudness of traffic noise in half. It is often impractical to plant enough vegetation along a road to achieve such reductions; however, if dense vegetation already exists, it could be saved. If it does not exist, roadside vegetation can be planted to create psychological relief, if not an actual lessening of traffic noise levels. R Loudness Cut in ,.If No Noise Reduction (Psychological) Vegetation and Noise Reduction Insulating buildings can greatly reduce highway traffic noise, especially when windows are sealed and cracks and other openings are filled. Sometimes, noise -absorbing material can be placed in the walls of new buildings during construction. However, insulation can be costly because air conditioning is usually necessary once the windows are sealed. In many parts of the country , highway agencies do not have: the authority to insulate buildings. In those states, insulation cannot be included as part of a hi.ghway project. Managing traffic can sometimes reduce noise problems. For example, trucks can be prohibited from certain streets and roads, or they can be permitted to use certain streets and roads only during daylight hours. Traffic lights can be changed to smooth out the flow of traffic and to eliminate the need for frequent stops and starts. Speed limits can be reduced; however, about a 20 mile -per -hour reduction in speed is necessary for a noticeable decrease in noise levels. Pavement is sometimes mentioned as a factor in traffic noise. While it is true that noise levels do vary with changes in pavements and tires, it is not clear that these variations are significant when compared to the noise from exhausts and engines, especially when there are a large number of trucks on the highway. More research is needed to determine to what extent different types of pavements and tires contribute to traffic noise. Until this research is completed, the use of different types of pavement cannot be depended upon to reduce traffic noise. Noise Reduction on New Roads All of the measures described above can be employed on both existing roads and new roads. There are, however, some additional measures which can usually be used only on new roads. First, a new road can be located away from noise -sensitive areas, such as schools or hospitals, and placed near nonsensitive areas, such as businesses or industrial plants. New roads can also be located in undeveloped areas. -page 8 Second, a new road can be constructed below ground level. Much of the noise from vehicles traveling on this type of road is deflected into the air by embankments on the side of the road. Thus, these embankments function in much the same way as noise barriers. Highway Below Ground Level Third, a new road can be designed and constructed as level as possible. The elimination of steep inclines helps to reduce traffic noise because motor vehicle engines, especially multigeared truck engines, do not have to work as hard. Although there are a great many noise reduction measures possible, they all have limitations. Consequently, there are many situations where none of these noise reduction measures can be used. In these situations, the only option left may be for local authorities to require adequate muffler devices for the louder vehicles. Federal Role The Federal Highway Administration is the agency responsible for administering the Federal -aid highway program. Under this program, Federal funds are allotted by Congress to the individual States. However, before these monies can be used for highway projects, the projects must be approved by FHW A, which can only grant its approval for projects that are developed in accordance with Federal statutes and regulations. One of these regulations requires that a noise study be accomplished to determine what noise impacts, if any, will result from the proposed highway improvement and what measures will be taken to lessen these noise impacts. If noise impacts are expected, noise -reduction measures that are determined by the State highway agency and the FHW A to be practicable, reasonable, and acceptable to the public must be incorporated into the highway improvement. The costs of the noise -reduction measures are included with the other costs of the highway improvement and are eligible for Federal funding in the same proportion as other aspects of the project. State highway agencies may also use Federal highway grants for noise -reduction projects on existing roads on the Federal -aid system. The monies spent on noise -reduction measures are deducted from funds which would otherwise be available for highway construction. Federal funds may be used for the construction of noise barriers, for acquisition of land on which to build such barriers, and for the purchase of undeveloped land as a preemptive buffer zone. Traffic operational measures such as truck routes and restriction of hours of operation are often feasible noise abatement measures, and the costs of such measures are eligible for Federal funding. The "soundproofing" of public -use institutional buildings may be incorporated in Federal -aid highway projects to abate traffic noise, but the use of Federal funds for soundproofing commercial buildings or private dwellings is not normally permitted. FHWA Home I HEP Home I Noise Home I Feedback rJ F HWA 14 CODE OF MASSACHUSETTS REGULATIONS 310 CMR: Department of Environmental Protection 310 CMR 7.00: AIR POLLUTION CONTROL • Section 7.00: Definitions AIR CONTAMINANT means any substance or man-made physical phenomenon in the ambient air space and includes, but is not limited to, dust, flyash, gas, fume, mist, odor, smoke, vapor, pollen, microorganism, radioactive material, radiation, heat, sound, any combination thereof, or any decay or reaction product thereof. AIR POLLUTION means the presence in the ambient air space of one or more air contaminants or combinations thereof in such concentrations and of such duration as to: (a) cause a nuisance; (b) be injurious, or be on the basis of current information, potentially injurious to human or animal life, to vegetation, or to property; or (c) unreasonably interfere with the comfortable enjoyment of life and property or the conduct of business. • Section 7.10: U Noise (1) No person owning, leasing, or controlling a source of sound shall willfully, negligently, or through failure to provide necessary equipment, service, or maintenance or to take necessary precautions cause, suffer, allow, or permit unnecessary emissions from said source of sound that may cause noise. (2) 310 CMR 7.10(1) shall pertain to, but shall not be limited to, prolonged unattended sounding of burgular alarms, construction and demolition equipment which characteristically emit sound but which may be fitted and accommodated with equipment such as enclosures to suppress sound or may be operated in a manner so as to suppress sound, suppressable and preventable industrial and commercial sources of sound, and other man-made sounds that cause noise. (3) 310 CMR 7.10(1) shall not apply to sounds emitted during and associated with: (a) parades, public gatherings, or sporting events, for which permits have been issued provided that said parades, public gatherings, or sporting events in one city or town do not cause noise in another city or town; (b) emergency police, fire, and ambulance vehicles; (c) police, fire, and civil and national defense activities; (d) domestic equipment such as lawn mowers and power saws between the hours of 7:00 A.M. and 9:00 P.M. Section 7.11: U Transportation Media (1) Motor Vehicles. (a) All motor vehicles registered in the Commonwealth shall comply with pertinent regulations of the Registry of Motor Vehicles relative to exhaust and sound emissions. (b) No person shall cause, suffer, allow, or permit the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes. 310 CMR 7.11 shall not apply to: 1. vehicles being serviced, provided that operation of the engine is essential to the proper repair thereof, or 2. vehicles engaged in the delivery or acceptance of goods, wares, or merchandise for which engine assisted power is necessary and substitute alternate means cannot be made available, or 3. vehicles engaged in an operation for which the engine power is necessary for an associated power need other than movement and substitute alternate power means cannot be made available provided that such operation does not cause or contribute to a condition of air pollution. NOV 3 - 2003 BOARD OF APPEALS Town of North Andover Office of the Building Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner August 25, 2003 Mr. Konstantinos `Dino" Balos 66 Meadowood Road North Andover, MA 01845 RE: Zoning Complaint Materials Installations, Inc. 11 Bayfield Drive Dear Mr. Balos: Telephone (978) 688-9545 Fax (978) 688-9542 I am of the following opinion after investigating your complaint against the above referenced business: • The Planning Board Special Permit of August 31, 1987 did not place a definite time of operation for Materials Installations, Inc. in the Conditional Approval of the Site Plan Review. • In 1987 and presently the North Andover Zoning By-law does not address hours of operation. • The Planning Board Decision of 1987 does not place any restriction on the type of business Materials Installations, Inc. conducts at the Industrial -1 site. In fact the August 31- decision gave the business permission "to expand the assembly and live storage areas in an existing building by 18,200 square feet". • In 1987 and presently the North Andover Zoning By-law does not address "noise levels" in any zoning district. • On site investigation reveals that the "row of planted arborvitae to the rear of the building and the six (6) foot closed stockade fence erected along the property line" are in place as required in Paragraph 5 of the Conditional Approval. The Building Commissioner / Zoning Enforcement Officer is of the opinion that Materials Installations, Inc. is in compliance with the approved Planning Board Special Permit of August 31, 1987, time stamped by the North Andover Town Clerk on September 03, 1987. Pursuant to Section 10.4 of the North Andover Zoning By-law this decision maybe grieved within thirty (30) days before the North Andover Zoning Board of Appeals. Yours truly, D.Robert N cetta Building Commissioner / Zoning Enforcement Officer CC: Heidi Griffin, Director CD&S Mark H. Rees, Town Manager Raymond J. Santilli, Assistant Town Manager Thomas J Urbelis, Town Counsel William Sullivan, Chairman ZBA BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLAiNNING 688-9535 F tier Name I ,4ted C U P El- m ❑ R. A. ❑ r.c OIN I'D ARa 3JRav .1.791 IP79. 132128 � p T amin,anwralt4 of flassar4mortts MICHAEL JOSEPH CONNOLr Y Secretary of Slate ONE ASHBURTON PLACE. BOSTON. MASS. 02108 ARTICLES OF ORGANIZATION (Under G.L. Ch. 156B) Incorporators NAME POST OFFICE ADDRESS Include given name in full in case of natural parsons; in case of a corporation, give state of Incorporation. Robert, A:. : ,•;1- lmerdine , Esq. One Union Boston, M% 02103 The above-named incon,alrator;s) do hereby associate (themselves) with the intention of forming a corporation under the provisions of General Laws. Chapter 156B and hereby state(s): I. The name by which the colporslion shall be known is: Material Installatic... „�. 2. The purpose for w, icil the corporation is formed is as follows: 1. To store, warehouse, transport and deliver all types and kinds of office furniture or related systems. (See Continuation Sheet 2A) Note: If the %pace provided under any article or item on IN% form Is In%ulliclenl. addlthon, shill he %e l ft trill 1111 %clu1rale N 1.2 %11 ahect% ttf paper leaving n tell hand margin of nt lenst I Inch for Minding. Additiatn% u1 mart than onv n111cle 11111\ tte cktittittlaed nn 11 dingle r.heet %o Icing a% each article reyul.-Ing each %itch addition is clearly indtwtlyd NOISE NUISANCE - MATERIAL INSTALLATIONS, INC. 11 of 11 Sound Wall - Summary While noise barriers do not eliminate all noise, they do reduce it substantially and improve the quality of life for people who live adjacent to areas of noise. OTHER SUGGESTIONS A combination of the above mentioned suggestions providing a long-term solution to noise nuisance. CONCLUSION GOOD NEIGHBOR POLICY The Purpose of the Good Neighbor Policy is to protect the comfort, quiet, repose, health, peace, and quality of life of people. At a minimum, everyone should reasonably expect: 1. To be protected from adverse impacts on their quality of life due to noise; 1. Not to have their sleep disturbed by noise; 2. Not to hear someone else's noise in their home. Source: Noise Pollution Clearinghouse. CLOSING • As outlined in this guide, there are many concerns related to noise. • This includes health effects and quality of life issues. • Ignoring the problem, condones the problem. In conclusion, ask yourself if you find it acceptable to mow your lawn early in the morning or in the middle of the night. Chances are that you don't out of common courtesy for your neighbors. Why should someone else be held to a lesser standard? "The community is only as strong as the will of its individual members." THIS IS A PROBLEM. LET'S DO SOMETHING ABOUT ITI NOISE NUISANCE - MATERIAL INSTALLATIONS, INC. 10 of 11 A. The planting of trees and shrubs provides only psychological benefits and visual, privacy, or aesthetic treatment, not noise abatement. Source: Federal Highway Administration, Office of Environment and Planning Noise and Air Quality Branch "HIGHWAY TRAFFIC NOISE ANALYSIS AND ABATEMENT POLICY AND GUIDANCE." How Do People React to Noise Barriers? Residents adjacent to barriers say that conversations in households are easier, sleeping conditions are better, the environment is more relaxing, windows are opened more often, and yards are used more in the summer. Source: Federal Highway Administration, Highway Traffic Noise Barriers. Are Residents' Views Considered? Landscaping in the vicinity of noise barriers should be integrated with the landscaping theme. Wherever possible, consideration should be given toward accommodating existing vegetation in the design process. A balance should be struck between wall decorations and landscaping. Decisions made in consultation with neighborhood groups & elected officials. • The general approach is to aesthetically design the noise wall in a manner that it blends into the into the surroundingenvironment and is as un -intrusive as possible. Source: Federal Highway Administration, Noise Barrier Aesthetics NOISE NUISANCE - MATERIAL INSTALLATIONS, INC. 9 of 11 CHANGE BUSINESS OPERATIONS The Noise Pollution Clearinghouse recommends the following with regard to Commercial and Industrial operation within 1, 000 feet of residential property: 1. Limit noisy operations such as outdoor loading, unloading, use of power tools, to 9 AM to 5 PM, Monday to Saturday. 2. Ensure that any noise spilling over onto neighbor's property is less than typical conversational levels. 3. Turn off trucks and auxiliary equipment if vehicle is stationary for more than 2 minutes. 4. Schedule trash pickup between 9 AM and 5 PM. ACOUSTICAL ENGINEERING — SOUND PROOF WINDOWS Sound Abatement Windows: These windows are specifically designed to reduce unwanted noise affecting residential communities (i.e., aircraft, trains and automobiles). • These windows are used at airports throughout the country to include Boston's Logan Airport. SOUND BARRIER WALL Q. How effective are noise walls? A. This depends on the distance between the listener and the wall. For residences located directly behind the wall, the perceived noise level will be cut in half. This benefit decreases as a listener moves farther away from the wall and is negligible at distances greater than 500 feet. Q. How is the height of the barrier determined? A. Noise walls are designed to provide a minimum of five decibels of reduction in average background traffic noise for the majority of first row of residences located directly behind the wall, with a 7 decibel reduction at at least one location. The reasonableness criteria places a practical limitation on the height of any noise barrier. Q. Why not plant trees instead of putting up a wall? A. Trees provide a visual shield and some psychological benefit, but are not nearly as effective at reducing noise levels as a solid barrier. It would take at least 100 feet of dense vegetation to provide the same acoustical benefit as a noise wall. Source: Washington State, Department of Transportation, Environmental and Special Services. A. The Federal Highway Administration (FHWA) does not consider the planting of vegetation to be a noise abatement measure. NOISE NUISANCE - MATERIAL INSTALLATIONS, INC. 8 of 11 • Section 7:11 of the Code of Massachusetts Regulations (CMR) states the following with regard to motor vehicles: "(b) No person shall cause, suffer, allow, or permit the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of -five minutes. " There is a duty to protect citizenry from disruption of the peaceful enjoyment of their residences. In Ferriter v. Herlihy (287 Mass. 138), the Massachusetts Supreme Court stated that "the sanction that the Legislature gives by authorizing local officials to issue a license to conduct a certain business on specified premises is subject not only to the limitation that the business must be carried on without negligence, but to the further qualification that it must be conducted without unnecessaru disturbance of the dghts of others." HAVE THERE BEEN ANY COURT CASES SImmAR To Tms? Yes. In Weltshe v. Graf (323 Mass. 498), plaintiff landowners and the defendant trucking company were located at the boundaries of a district zoned for business and a district zoned for residences. The plaintiff brought a bill in equity seeking to enjoin defendant -trucking company from operating its business as a nuisance due to truck terminal noises. The Massachusetts Judicial Supreme Court ordered that a decree be entered in favor of the landowners enjoining the trucking company from shipping -related activity. The court also affirmed that a "zoning ordinance affords no protection to one who uses his land in such a manner as to constitute a private nuisance. " WHAT CAN I DO? As you are aware, I have filed a complaint with the town (see me for a copy). I suggest the following: • Contact the town and inform them of the noise problem. o The town manager's phone number is 978-688-9510. o The Board of Selectmen phone number is 978-688-9510. • Contact the police (during the noise disturbance) at 978-683-3168. POSSIBLE SOLUTIONS As you are aware, an official complaint has been filed with the town regarding Material Installations and the problem of noise nuisance. If you would like a copy please see me. The below suggestions only relate to solving the problem and do not address the fact that Material Installation has continued their operations unchanged. This is despite knowing that their operations are a nuisance to their neighbors. MVPC - Parcel Information Finder Parcel 25 - Address Bayfield Dr. North Andover, MA 01845 State Code 210 Industrial Site 2 No. Industrial Park North Andover Business Park Current Use Acreage 4.4 Building Sq. Ft. 42459 Company Material Installations Co. Name SIC Code 5021-22 Primary Office Furniture and Equipment Business Installation (Whol) Employment 100-249 Range Sales $20-50million Owner Bud Realty Trust Gas Essex County Gas Electricity Massachusetts Electric Sewer Service Public Water Service Public Highway Directly off of Route 114 Access Distance to Approximately 3.5 miles from Exit Interstate 42 off of 1-495 Public No Service Transportation Zoning Industrial Page 1 of' 1 ;►'ARCIlSf* MASSACHOStIfS DON PARCH 10: 2101025.0-0013-0000.!' x CUMMENC(AL SECIIUN ll 101 SKETCH SIAff.-USE-CD 401 - WAREHOUSE USE-CAIFGORY 3 - INDIISIRJAL GRNO-FL-AREA 424.59 SIORY-HETGHP t JF.RIMEIt.R 1141 BLDG -CLASS C - CLASS-!: ROOVING Mf - ME[AL FXI-NAtt.-lYP CB - CONCR-8100, EX HIRNAMEN I ? AMENIIY-1-11 AMENITY -1 -UN AMEN1iY-I-Ms: AMENITY -2-1Y OPDAIED 10/23/00 AMENITY -2 -UN t6 AMENITY -2 -MS **)F* COMMERCIAL GROUP l< 101.1 I SIA1E-USE-t:D 401 - WAREHOUSE USE -CODE 325 - DISIRIH-WHSE HASE-Fi.UON 1 BASE -FL -AREA 42459 NUM -FLOORS I. GRP-MEASIIRE 424.59 NUMHER-UNf.fS 0 UNIT-IYPt ,%;F** INCOME WMMAKY 4 1 I"COME -ME 10 M - MANUAL (IN I i -ME I HOD UNI I-REN1 PI;f -RENIABLE VA(:-IOSS- PC1 s;FaT DETACHED SIR01:111HE 4 1. SIROCIORE AS - PAVING-ASPH) DEf-SINU-CLS :t - COMMERCIAL UNITS S - SQUARE-FEEI MEASURE -1. 3400() MEASURE -2 EFF-YN-81111. f t91i5 ANN-PCf-DEPR PANU.I. t h' I 1 NG SALE DATE: 0000 (CONTINUED) 101 UPDA I Ell : 10/23/00 AMENITY -3-11 AMENt f Y-,t-IIN AMENITY -3 -MS AMEN(0-4- fY AMENI1Y-4-11N AMFN1fY-4-MS FIRE -ESCAPES LOAD-0OCK-Sr CANOPY-SQF 1 fSCA1.A10RS PSNGR-ELEVIR FNGHf-ELEVfR NIIM-0VRHD-0R ? ENTRY -SF fNIRY-GRADE 141SC-Af1 -11)1R LAST OPDAIED 10/23/00 WALL-NEIGHI t6 COMRCL-CONDO FL(AIRINIT CN - CUNf.REiE PARTITIONS A - AVERAGE CFILtHris PLUMBING A - AVERAGE 1.N"IIm' A - AVERAGE. HEAPING -TYPE SH - SPACE -HEAP LASE UPI.►AfEO : 61 610, EXPENSES -PCT CRN-RAfF PCT-COMPI.EIE f01-LNO-ANSA 4.4 Till -fill -AREA 42459 LASf UPI)AfEO : IN 1.191 MIN -%-GOOD 6RADE A - AVERAGE CONDITION A - AVERAGE PHY-PCI -t,OOD 50 FUN-PCT-GOOft F.r.,N-PC f -MIOO PCI -COMPLETE 09111103 MISC-All-VAt srt:f LON-CONt) YEAR -BOIL! EFF -YR -6011.1 PHY-PCI-60011 rUN-PCf-GOOD E(;N-PCl -60011 PC f-COMPI. E IE BLDG -FACTOR INCOME -FLAG RMAIN-PCI-GD RCN RCNLD SOUND VALUE COSI-BLDG PCf-HEAPED FIRE -ALARM (;RAGE PCT-SPRNKLRS i;ONDI I I(IN GROUP -RCN CAP -INCOME ADD -t NO -VAI. ADD-BLD-VAL IOf -I.NC-VAI. BLDG-FACIOR RMAJN-PCI-GD RCN RCNLD SOUND-VALOf COSI-BLDG INCOME -FLAG PAGE A - AVERAGE 1985 t990 90 81 1463499 1185434 1185400 1.00 A - AVERAGE 100 AG - AVERAGE -6000 1535943 50 51460 2N 130 28100 TOWN OF NORTH ANDOVER DUMPSTER REGULATIONS FOR THE REMOVAL, TRANSPORTATION AND STORAGE OF GARBAGE, RUBBISH, OFFAL OR OTHER OFFENSIVE SUBSTANCES The Board of Health, Town of North Andover, Massachusetts in accordance with, and under the authority granted by Sections 31A and 31B of Chapter 111 of the General Laws of the Commonwealth of Massachusetts hereby adopted the following rules and regulations at the meeting of February 10, 1994. This regulation shall take effect January 1, 1995. Section 1.0 DEFINITIONS Dumpster: Any container other than a conventional trashcan with lid intended for the outdoor storage of rubbish, garbage or refuse of any sort. Section 2.0 PRE -INSTALLMENT REQUIREMENTS: 2.1 No person or property owner, authorized agent or corporate entity shall maintain or operate a trash or refuse dumpster, with a volume capacity greater than (three) 3 cubic yards, without first obtaining a permit from the Board of Health at least three (3) days prior to installation. 2.2 The permit fee shall be $25.00 per establishment per calendar year, and must be accompanied by a completed application on a form supplied by the Board of Health. 2.3 Dumpster permits may be suspended or revoked by the Board of Health for failure of the dumpster contractor or property owner/owner's agent to comply with the requirements of these regulations. 2.4 No contractor, firm or person shall supply a dumpster service in the Town of North Andover, for the purpose of storage, removal or transporting of garbage, rubbish, offal or other offensive substances without first obtaining a dumpster service license from the Board of Health. All licenses shall expire at the end of the calendar year in which they are issued, but may be renewed annually on application as herein provided. There shall be a fee of $100 payable for said dumpster service license, per truck. 2.5 These regulations apply to all dumpsters in the Town of North Andover, whether for residential, commercial, or industrial use. �CCI1�JCS NOV1 7 2003 D BOARD OF APPEALS .APR 2 01994 LANDLAW, INC. Section 3.0 CONTRACTOR'S RESPONSIBILITIES: 3.1 The contractor shall have the dumpster(s) deodorized, washed or sanitized as necessary at the time of emptying, or as directed by order of the Board of Health. 3.2 The emptying of the contents of the dumpster(s) by the contractor shall not commence before 7:00 AM and not continue after 9:00 PM. The Board may modify these hours, if, in its reasonable judgement, it is convinced that the public health, safety or public welfare would be better served. The Board of Health shall be guided in this regard by the location, nearness to residential property, frequency of emptying, resulting noise and other factors which it considers appropriate. 3.3 The contractor shall have his/her name and business telephone number conspicuously displayed on each dumpster. 3.4 No truck that hauls dumpster contents shall be used to transport hazardous materials or waste. 3.5 The Board of Health may attach any conditions to the license of a removal contractor that it deems would serve the interest of the safety, health, welfare or quality of life of the citizens of the Town. 3.6 Failure to comply with these regulations may result in a fine of $50.00, as well as suspension or revocation of permits as deemed necessary by the Board of Health. Section 4.0 AUTHORIZED AGENT/PROPERTY OWNER'S RESPONSIBILITY 4.1 Each dumpster must be located at a distance from the lot line so as not to interfere with the safety, convenience or health of abutter or residents. Dumpster location must be approved by the Board of Health. 4.2 When deemed necessary by the Board of Health, it may be required that a dumpster site be enclosed or screened by the property owner or authorized agent. 4.3 It shall be the responsibility of the owner or agent whose property is being serviced to maintain the dumpster area free of odors, scattered debris, and all other nuisances, and to prevent overflow. M 4.4 It shall also be the responsibility of the owner or agent whose property is being serviced by the dumpster(s) to maintain the lid(s) in a closed condition at all times except when actually in the process of placing refuse in the dumpster. 4.5 Dumpsters are to be used only by those individuals who are authorized by the owner or agent whose property is being serviced. All unauthorized use shall be considered a trespass of private property. The owner or agent may post a sign stating: "Unauthorized use is prohibited by order of the Board of Health." 4.6 No dumpster shall be used to dispose of hazardous materials or waste. 4.7, Dumpsters are not to be filled after 9:00 P.M. or before 7:00 A.M. for residential property nor after the close of the business day for commercial property, at which time the lids are to be locked. Section 5.0 TEMPORARY•DUMPSTERS 5.1 No person or property owner, authorized agent or corporate entity shall maintain or operate a temporary dumpster (gondola or roll -off type) without first obtaining a 30 -day permit from the Board of Health at least three (3) days prior to installation. Said permit may be renewed for an additional 30 days upon application. The property owner or authorized agent shall comply with all the provisions of these regulations which are applicable to the operation of a dumpster. 5.2 The fee for each temporary dumpster permit shall be $10.00. 5.3 An inspection and sanitary survey of the temporary dumpster and surrounding area will be conducted by an agent of the Board to verify compliance with Board of Health standards. 5.4 Temporary dumpsters for on-site use by construction, renovation, or repair firms will be exempt from these regulations. Section 6.0 ENFORCEMENT 6.1 Random inspections and sanitary surveys of in-place dumpsters and surrounding areas will be conducted by an agent of the Board to verify compliance with Board of Health standards. I 6.2 All violations of State and Local Regulations shall be remediated in accordance with said regulations. 6.3 If such corrective action, as ordered by the Board of Health, is not taken by the authorized agent/property owner within the time limit set forth by the Board of Health, the Board of Health shall take such legal action as necessary to remediate the violation. 6.4 The Board of Health, at its discretion may levy fines upon the authorized agent/property owner in accordance with MGL Section 40, Chapter 21D. Fines will be no less than $50, and no greater than $100. Section 7.0 SEVERABILITY If any provision of this General Bylaw is held to be unconstitutional or in violation of State Law, it will not affect any other provision or the administration thereof. Rev. 1/94 Zoning Board of Appeals #9 - Finding Request Application for a Finding (Written Documentation re: Material Installations p 1 of 7 9. WRITTEN DOCUMENTATION A. THE PARTICULAR USE PROPOSED FOR THE LAND OR STRUCTURE. Zonin As you are aware, zoning allows local government to regulate what uses may be made of a parcel of land. The common intent is to protect adjoining property owners from incompatible uses and to increase the likelihood that a community grows in a way that enhances overall quality of life. • The Town of North Andover classifies the properties on Meadowood Road as "Residential -6." Source: Town of North Andover records. 11 Bayfield Drive d/b/a Material Installations is classified as "Industrial - Source: Town of North Andover records. • Zoning by-laws, paragraph 13 of section 4.132 (Industrial 1 District) states that "warehousing and wholesaling shall be permitted only as a secondause." Zoning by-laws, paragraph 15 (section 4.132) states "parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be incurious, noxious or offensive to the neighborhood." Planning Board - Noise Barrier Town records indicate the following: a) A Site Plan Review (August 3, 1987) recognizes concerns with regard to "activity at night," "trucks," "noise" and 'lights." The plan indicates the use of "evergreens and fencing to be looked into for possible noise barriers." b) A Site Plan Review (August 17, 1987) indicates "the possibility of a 6 foot stockade fence and arborvitae to be planted as a buffer." c) Conditional approval of the Special Permit (August 31, 1987) by the Planning Board. Regarding noise concerns, proponents "admit that into the winter months a lack of foliage in the intervening woods may be cause for concern." Zoning Board of Appeals Application for a Finding re: Material Installations #9 - Finding Request (Written Documentation p2of7 d) Paragraph 5 of the conditional approval (September 2, 1987) indicates a landscape plan that includes a "row of planted arborvitae to the rear of the building." The plan also includes "a six (6) foot closed stockade fence be erected along the property line." B. FACTS RELIED UPON TO SUPPORT A FINDING Material Installations - Type of Business • The Articles of Organization [for Material Installations, Inc] states the following with regard to its business: "to store, warehouse, transport and deliver all types and kinds of office furniture or related systems." Source: Commonwealth of Massachusetts records. • The Merrimack Valley Planning Commission (MVPC) indicates that the primary business of Material Installations is "Office Furniture and Equipment Installation (Whop." Source: MVPC. • The Board of Assessor's Database indicates that Material Installations is a "warehouse." Source: Town of North Andover Noise Nuisance The noise caused by Material Installations is a nuisance and unreasonably interferes with the comfort of my family and myself. This has made the backside of my house unsuitable for quiet enjoyment. The source of the nuisance is outdoor shipping related activity. This includes the operation of trucks, truck idling (overnight as well as during shipping dock operations), loading tractor trailers/ commercial containers (e.g., trash dumpster), operating machinery outdoors (i.e., trash compactor) and loud voices of workers. The truck noise includes the engine, the drive -train, exhaust, tire/road contact, and braking. The trucks also cause vibration and infrasound (low frequency noise). Typically, the noise has a rapid start rate. This is a result of the abruptness of an approaching truck, the starting of the engine, as well as truck movement and stopping (which cause increased accelerations). Zoning Board of Appeals Application for a Finding re: Material Installations #9 - Finding Request (Written Documentation p3of7 The noise occurs during the morning, afternoon and evening hours. Moreover, the noise and vibration is so noticeable that residents are alerted to approaching traffic prior to trucks entering the shipping area. I have attached a spreadsheet detailing the extensive amount of nighttime and early morning activity associated with Material Installations. Research - Noise Barriers Research from the Washington State Department of Transportation (WSDOT), Environmental and Special Services Section, indicates that "it would take at least 100 feet of dense vegetation to provide the same acoustical benefit as a noise wall." The Federal Highway Administration (FHWA), Office of Environment and Planning Noise and Air Quality Branch does not consider the planting of vegetation as a noise abatement measure. Specifically, "the planting of trees and shrubs provides only ps cy hological benefits and may be provided for visual privacy, or aesthetic treatment, not noise abatement." Noise barriers must also be "high and long enough to block the view" of the source of the noise. Adverse Environmental Effects - Noise Research supports that noise is a health hazard, not just a nuisance. According to the Environmental Protection Agency, "research is accumulating which suggests a relationship between long-term noise exposure and stress-related health effects, particularly those related to the cardiovascular system." Additionally, studies indicate that noise causes sleep disturbances, which cause a host of problems to include, reduced job performance, mood changes, and increased risk of automobile accidents. Studies also indicate that children are more susceptible to the effects of noise. In the Commonwealth, noise is treated as an emission of sound, and is regulated as a source of air pollution. The Code of Massachusetts Regulations (CMR) defines air pollution as "the presence in the ambient air space of one or more air contaminants or combinations thereof in such concentrations and of such duration as to: (a) cause a nuisance; (b) be injurious, or be on the basis of current information, potentially injurious to human or animal life, to Zoning Board of Appeals Application for a Finding re: Material Installations #9 - Finding Request (Written Documentation p4of7 vegetation, or to property; or (c) unreasonably interfere with the comfortable enjoyment of life and property or the conduct of business." I have attached a handout provided to Meadowood Road residents. This contains research regarding the health effects of noise as well as possible solutions. Attempts to Resolve Problem I am a firm believer in first attempting to resolve disputes on a personal basis. On February 3, 2003, I met with T.J. Doherty, Operations Manager for Material Installations. Mr. Doherty informed me that he is aware of the truck noise and that truck drivers are notified in advance not to idle next to the bordering residential homes. Regarding hours of operation, Mr. Doherty stated that Material Installations received Board of Selectmen approval to begin at 6 in the morning. On March 3, 2003, I met with Mr. Doherty in hope of reaching a mutually beneficial solution to the noise nuisance. Mr. Doherty stated that he communicated my concerns from our February 3rd meeting to Michael Farrow, Treasurer of Material Installations. Mr. Doherty stated that it is the position of Material Installations to maintain a good relationship with its neighbors. As a solution, I suggested the installation of noise abatement windows on the area of my home affected by the noise. Mr. Doherty stated that he would arrange a meeting between Mr. Farrow and myself to discuss this issue. On March 19, 2003, having not heard from Material Installations, I sent a letter via certified mail to Material Installations detailing the noise problem. As a mutually beneficial solution, I proposed that Material Installations share the costs related to the installation of noise abatement windows on the backside of my house. Note: The Acoustical Insulating Window System referenced in my letter is specifically designed to reduce unwanted noise affecting residential communities (i.e., aircraft, trains and automobiles) . On March 26, 2003, I requested the assistance of Selectman Stewart in mediating the dispute. On April 7, 2003, Mr. Stewart informed me that he discussed the matter with Mr. Doherty. Mr. Stewart told me that Mr. Doherty said that Material Installations would not pay for the windows due to concerns that other neighbors would want a similar settlement. Note: There are approximately 3 other homes that border the shipping area of Material Installations. Zoning Board of Appeals #9 - Finding Request Application for a Finding (Written Documentation re: Material Installations p 5 of 7 On May 30, 2003, a letter was sent from Attorney Matthew Donahue to Material Installations via certified mail. This letter restated the proposal originally made on March 19, 2003. To date, Material Installations has not responded to either correspondence. On June 10, 2002, Robert Nicetta, building commissioner, informed me that he visited Material Installations. Mr. Nicetta stated that Mr. Farrow informed him that truck activity starts at 7 in the morning and that truck operators are. informed not to park in the rear. Mr. Nicetta also stated that Mr. Farrow told him that damaged evergreens would be replaced along the property line. As referenced in this letter, the trees provide no barrier to noise. On June 12, 2003, I requested the assistance of the town manager's office. I received a letter dated July 17, 2003 from the Assistant Town Manager indicating that "the company claims that their daily activities begin at 7.00 a.m. as required. This includes all truck operations. This obviously differs significantly from the activity log you provided for a 4 1/ month period." The claims by Material Installations referenced in the assistant town manager's letter are untrue. The attached log indicates activity beginning before 7:00 a.m. Moreover, I have video footage corroborates the attached log. C. DETAILS OF THE BUILDING COMMISSIONER'S DENIAL On August 6, 2003, I submitted a zoning complaint for investigation to the building commissioner relative to the noise nuisance referenced in section 9B. A letter dated August 25, 2003, from the building commissioner/ zoning enforcement officer indicated that "the Planning Board Decision of 1987 does not place any restriction on the type of business ... at the Industrial -1 site. In fact the August 31 st decision gave the business permission "to expand the assembly and live storage areas in an existing building .. " Appeal: As indicated earlier, Commonwealth and Merrimack Valley Planning Commission records indicate that Material Installations is a warehousing and wholesaling business. Paragraph 11 of section 4.132 states that "warehousing and wholesaling shall be permitted only as a secondaru use." Note: The current text of zoning by-law section 4.132 is identical to the 1987 version. Regarding the Building Commissioner's position that the planning board gave the business permission for "assembly" purposes, paragraph 11 of section 4.132 states the following: Zoning Board of Appeals #9 - Finding Request Application for a Finding (Written Documentation re: Material Installations p6 of 7 "Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing, or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding area or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect." Appeal: The source of the noise nuisance is shipping activity outside the existing building. Additionally, the Building Commissioner indicates that "the North Andover Zoning By-law does not address `noise levels' in any zoning district." Appeal: As indicated above, paragraph 11 (section 4.132) specifically identifies "noise" as an adverse environmental effect. Conclusion Based on its documented type of business (warehousing and wholesaling), it appears to violate paragraph 13 in that it is not zoned for its current location. If, as implied by the building commissioner, the town considers Material Installations an "assembly" business, then its operations appear to violate paragraph 11 of section 4.132. Specifically, that its uses are not "within a building" and are "offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect." Regarding the Planning Board's landscape design for a "noise barrier," expert research indicates that it is an unacceptable noise barrier in that it only provides psychological relief and does not physically lessen noise levels. It is not unreasonable to expect absolute quiet in a residential community. As homeowners, we are entitled the right to enjoy the full use of my property without unreasonable interference. There is a duty to protect citizenry from disruption of the peaceful enjoyment of their residences. The Massachusetts Supreme Court Ferriter v. Herlihy, 287 Mass. 138) stated that "the sanction that the Legislature gives by authorizing local officials to issue a license to conduct a certain business on specifced premises is subject not only to the limitation that the business must be carried on without negligence, but to the further qualification that it must be conducted without unnecessaru disturbance of the rights of others." �Of &ORr v .• ..,ti f o w n 1' ` U1=F=ICES OF: � �'$ To () Mein Street APPEALS ;.' : NORTH ANDOVER Ncrrtlt Anckrver. BUILDING `a'••::.; �-�0 M.1s��IChuSEals 0184 5 CUNSEF3VA'I LUN Be�CNOget VIDIVISION 61'i; (6 17) 685.4775 HEALTH 1 PLANNING PLANNING & CO 3 MVNITYI11EVELOPMENT KAREi&C H.P. NELSON, DIRECTOR September 2, 1987 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North. Andover, MA 01845 Re: Material.Installation 11 Bayfield Drive North Andover, MA Site Plan Review through Special Permit Dear Mr. Long: The North Andover Planning Board held a public hearing upon the application of Channel Building Company, 23 Main Street, Andover, MA. on Monday evening, August 3, 1987 in the Town Office Meeting Room. The hearing was advertised in the North Andover Citizen on July 16 and July 23, 1987. The following members were present and voting: Erich W. Nitzsche, Chairman;.John L. Simons, Clerk; George Perna and Paul Hedstrom. John J. Burke was absent. The petitioner seeks a Special Permit under Section 8, paragraph 3; Site Plan Review. The purpose of the Site Plan Special Permit is to review the proposal to expand the assembly and live storage areas of the existing facility by approximately 18,200 square feet of land on the North side of Bayfield Drive known as 11 Bayfiled Drive in an Industrial -1 (I-1) Zoning District. John Simons read the legal notice to open the public hearing. Letters were received and read from the Fire Department, Board of Health and two (2) letters from the Conservation Commission. Jim Bourgeois representing Channel Building, Material Installation and 114 Associates presented the proposed plans. MOTION: John Simons to continue the public hearing until the August 17, 1987 meeting. SECOND: George Perna VOTE: Unanimous On August 17, 1987 the public hearing was continued. John Simons read a letter sent to Mr. & Mrs. Redman from Material Installation with regards to lighting and traffic issues. Jim Bourgeois of Channel Building presented the Planning Board with revised plans. t � m MUM MH *�O N.:6 I-' NOR,rII ANDOVER 'i..MSACI1USTTTS Any appeal shall be filed Within (20) days after the date of filing of this Notice In the Office of th-e Town Clerk. SEF 3 8 eta jlrl 'Q7 NOTICE OF DECISION Date • Saptembax .2, ...9•$Z . . Date of Hearing August •31,. •L9.87 Petition of , , ,Channel . Building• • • • • • .. • • • . • . .............................. Premises affected ,11• Bayfield .Drive . .Industrial �1 • (I-1) . Zoning District . .... ... .. .. .... Referring to the above petition for a special permit from the requirements of the • ,North Andover • Zoning.Bylaw, Section •8; Para. 3 ...... .................. •.......................... so as to permit • • to • expand. the .assembly• and • live storage • areas in an ... .. ... .... ............. existingbuilding by. 18, 200• square• feet• • • • • • . • • • • • • • • . • ... • . • . . • • • • i • • • • • • . After a public hearing given on the above date, the Plnnning Board voted . � Conditionally a,to Approve • • • the Site Plan'Review ... .o ... ... ....... ..... ..... ............................ based upon the following conditions Signed John •Simons �•Cierk........... George Perna Paul Hedstrom • • • • • • • • • • • • • r_�. • • • • • • • . John J.,. Burk%,, s 230 PLANNING BOARD MEETING AUGUST 3, 1987 cj�v 3 , ri�f/ The Planning Board held a regular meeting on Monday evening August 3, 1987 at approximately 8:08 p.m. in the Library/Conference Room of the Town Hall. The following members were present and voting: Erich Nitzsche, Chairman; John Simons, Clerk; Paul Hedstrom; George Perna. John Burke was absent. PUBLIC HEARING John Simons read the Legal Notice to open the public hearing. Letters were received and read from the Fire Department, Board of Health and two (2) from the Conservation Commission. Jim Bourgeois representing Channel Building, Material Installation and 114 Associates presented the proposed plans. existing building, drive, and parking presently constructed to expand live storage area from 26,700 sq. ft. to 45,000 sq. ft. cul-de-sac to be finished as shown on plans easement for utilities only The Planning Board had the following concerns: • Mitigation of water runoff . Buffer zone to be taken care of • Zone line to be identified at the back of'builging • Roof drains to be calculated into storm drains The Board recognized Joan Redman of Andover `Bypass, an abuttet�with the following concerns: activity at night trucks noise lights The lighting is to be addressed. Also evergreens and fencing to be looked into for possible noise barriers. MOTION: By John Simons to continue the Public Hearing until August 17, 1987. SECOND: George Perna VOTE: Unanimous A royal Not Required Plans Form A 1. Rea_ Street - Maureen Joyce Applicant withdrew without prejudice MOTION: By John Simons to accept the applicant's wishes to withdraw without prejudice. SECOND: Paul Hedstrom VOTE: Unanimous NOTE: Planning Board concerned that the plan shows a subdivision Page 4: 2. The Fire Chief has requested that information regarding the material to be stored and the amount of storage for products in this expansion be submitted to himself or the Fire Presention Officer. 7. The North Andover COnservation Comission's Order of Conditions under File No. 242-193, shall become a part of this approval and be strictly adhered. 8 - In addition to the aforementioned Conditions, the Planning Board approves only that work as shown on the submitted plans namely: 1. Sheet L1-1 dated 9/5/86 and revised 8/13/87 2. Sheet L2-1 dated 9/5/86 and revised 8/13/87 3. Sheet L4-1 dated 9/5/86 and revised 8/13/87 4. Unnumbered Sheet dated 8/13/86 and revised 9/9/86 and entitled "Scheme 3" 9. Any proposed changes and/or future building expansion will be the subject of a new Public Hearing under a new Special Permit Application and further that any changes from these approved plans and that may be shown on the As -Built Plan submitted for approval prior to occupancy will negate this Special Permit and will require a new filing of application. Sincerely, PLANNING BOARD Erich W. Nitzschb, Chairman m /je cc. Director of Public Works '. Highway Surveyor =' Board of Public Works Tree Warden �n Conservation Commission Building Inspector Board of Health Assessor Police Chief Fire Chief Applicant Engineer File Interested Parties S Page 3: 1. Bayfield Drive will be construgteIccordance with the Subdivision Plans of No ah :'7knibVdr" Business Park and be brought to at least bindb pavement to the satisfaction of the North Andover Fire Department and to the Division of Public Works prior to construction of the building addition. 2. The lawn area to the East of the proposed building between the building and Willow Street shall be designed as a Detention/Retention Pond to further mitigate runoff flows and to account for loss ground water infiltration due to the impervoius area. This will necessitate redirecting runoff flows into the Ponding area, preferably from the parking lot prior to discharge off site, with proper pipe sizing to detain storm water flows to the maximum possible. 3. Truck traffic flow will be required to access -egress the property from the Willow Street curb cut only and automobile egress the site from the curb cut on Bayfield Drive. This will be a condition for continued occupancy and will be implemented by the use of one-way signs and exit only signs and others as deemed necessary both installed at the two curb cuts as well as at the truck docks and pointed indications on the pavement throughout the parking and access -egress areas. 4. Upon completion of the building addition and prior to building occupancy, the applicant shall file an As -Built Plan of the total site showing at least, but -not limited to the following, pavement grades, rims and inverts, drainage size, access - egress signs, lighting landscaping and all utilities. Said plan to be prepared and certified by a Professional Land Surveyor and submitted for approval by the Planning Board. 5. The landscape plan as submitted does not show the existing row of planted arborvitae to the rear of the existing building and the Planning Board is of the opinion that the proposed planting of arborvitae will be of the same nature, and therefore will not mature to a full effective screening for many years and therefore will require that in addition to the landscaping plan as submitted being conformed to in its entirety, a six (6) foot closed stockade fence be erected along the property line from a point starting fifty (50) feet from Route 125 and extending Easterly to the Easterly line of the proposed building addition. 6. In accordance with the Fire Department report of July 31, 1987, the following shall be provided: 1. The addition must be equipped with an automatic fire suppression system (sprinklers) and.the fire detection and alarms form the original building must be extended into the addition. Both of these systems must have plans submitted to the Fire Chief for approval prior to consru tti on, s a . , e @ Yk,'- - J .. Sar.=w _ z : t. "`' •. c.= > , x _ .. "'�r. J I Page 2: MOTION: By John Simons to close the publ ,roaring. SECOND: George Perna SEr 3 c� t�9 (i__�11 VOTE: Unanimous On August 31, 1987 the Planning Board held a regular meeting and voted to approve the Special Permit application by Channel Building to construct an 18,300 square foot addition to the existing building located on Bayfield Drive at the intersection of Willow Street. Three issues of concern were discussed at the Public Hearing that should be addressed in this Conditional Approval are as follows: 1. The unfinished Cul -de -Sac at the end of Bayfield Drive does not allow for adequate fire protection and access - egress for the existing building. It was discussed that the Cul -de -Sac was not finished by the developer of North Andover Business Park prior to this date because of a pending application to the Commonwealth of Massachusetts to create an entry onto Route 125. The Planning Board is in receipt of a letter from the Division of Public Works dated November 14, 1986 denying the request for emergency access onto Route 125 and is concerned that no work has taken place on Bayfield Drive thru 1987. 2. Concern by abuttors to the North of Material Installation property of truck noise and lights during the night. Proponents for the project stated that the newest dwellings are 200 feet and 400 feet respectively from the building, but admit that into the winter months, a lack of foliage in the intervening woods may be cause for concern and have suggested that truck traffic be directed onto the locus by way of the Willow Street entrances thereby minimizing headlights being directed to the North by the present access from Bayfield Drive. 3. There was a concern by the Planning Board of the increased rate of runoff being produced within the North Andover Business Park by the inclusion of additional impervious pavement and building additions. The applicants Engineer, Mr. Tom Neve, has submitted drainage calculations stating the peak runoff has been decreased from the locus due to the fact that percentage of impervious area on the lot has been reduced from the overall Master plan of the Park and that the lot size has been reduced. Notwithstanding these factors, the Planning Board recognizes that if this lot size has been reduced, another lot.in the Park must have been increased, and that Mr. Neve nor the. Planning Board has an accurate accounting of the present impervious area versus the original Master Plan impervious area of the Business Park overall. Therefgre, the Planning Bad-,renders`hz C� tonal Appol far they csed btrilclin� ........ Aft l' -.L. _ .._ _ . .. gi'?;*.4. •°o -x,,.. ., .. _ ._ , _ .. _... Town of Forth Andover, Zoning ]Board of Appeals Parties of Interest / Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part " Parties in Interest as used in this chapter shall mean. the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters toabutters within three :hundred (300) feetof, the property line of the petitioneras they appear on the most recent applicable tax list, notwithstanding that the land .of any such owner is located in another city or town,_ the planning board -of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS ABUTTERS PROPERTIES MAP I' PARCEL a 73 a5 a" �5 q1 �s 9 a L o\j -s a!5 99 `7 5 Mea P vlgii5 65 Mie . �, � E�� 6h 5 104 as os 8 1�rthl�e,�n,Oc�,�e c�\�d10�U \0\n\2 en p�i� U181 O a 5' 6c> oZ 6-1- 1.2S a15 -7o os IQ? NAMM 0-0 Y --V e.'n., -r 5fie�e tl�t►�s0. fiv�en . @�og�sti �MP►nislng �`lhotn� Joseph 3F\5\che\\� `.5a u4s t bte&,, S�yn\e �eFFoz-► }��1�e 5�;by�.� . A\ -t\tv a( Oe�ct,_Ucxm ADDRESS bKx s-zHL-o Dam v 1'% "5 4\0ciA U 1 'R V7 fig® Me o�•��s (�� 0W -t5 ?o 1,� L5 L o\j -s o t VLA 5 `7 5 Mea P vlgii5 65 Mie . �, � E�� 6h UVR h5 o i8 15 Si;� 0—ITA 5 8 1�rthl�e,�n,Oc�,�e c�\�d10�U \0\n\2 en p�i� U181 O THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: SIGNATURE X7:7: e ► %/ it:f1 � DATE PAGE 0,5 I OF -Z--- 4 TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST:. PAGE OF SUBJECT PROPERTY MAP 1PARitl NAME ADDRESS ------------- ABUTTERS: R 0 Mme. , d e -"Z b MIA (ati#ied b*,) B d of A der CERT. BY: DATE: SEE PLAT N0. 1 IS A10TUM SEE PLAT N0. 24 PAGE 4OF4 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. This is required in the case of a finding when the following points based on MGLA ch. 40A sec. 6 and 9 and the North Andover Zoning By -Law Section 9.0 a request for a FINDING shall be clearly identified and factually supported: Addressing each of the below points individually is required with this application. A. The particular use proposed for the land or structure. B. Fact relied upon to support a Finding that the proposed extension or alteration shall not be more substantially detrimental than the existing non- conforming use. C. Addressing all details of the Building Commissioner's denial when appropriate. 10. Plan of Land Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of Appeals. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: a) five or more parking spaces, b) three or more dwelling units, c) 2000 square feet or more of building area. Minor projects that are less than the above limits shall require only the plan information as indicated with an asterisks (*). In some cases further information may be required. 10. B. Plan Specifications: a) Size of plan: Ten (10 ) copies of a plan not to exceed 11"x17" preferred scale of 1" =40'. b) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five ZBA signatures and date on mylar. T FINDING North Andover Zoning Board of Appeals 10 C. FEATURES TO BE INDICATED ON PLAN A. Site Orientation shall include: 1. North point 2. zoning district (s) 3. names of streets 4. wetlands to be shown on plan (if applicable) 5. abutters of property, within 300 foot radius 6. location of buildings of adjacent properties within 50', from applicants proposed structure 7. deed restrictions, easements B. Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor. 10 D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. A set of building elevation and interior of building plans shall be required when the application involves new construction, conversion anc-Yor a proposed change in use. Elevation plans for minor projects include decks, sheds, & garages shall be included with a side view depicted on the plot plai-f. which include a ground level elevation. 11. APPLICATION FILING FEES A. Notification Fees: Applicant is to send by certifie=s mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. Applicant is to supply stamps (appropriate current postage) for mailing of decisions to all parties of interest as identified in MGLA ch. 40A, sec. 11 as listed on the application. ZBA Secretary will compute number c° stamps. B. Applicant is to supply one (1) set of addressed labels of abutters to ZBA Secretary who will mail decisions to abutters and parties in interest. C. Administrative fee of $50.00 per application. TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS Procedure & Requirements For an Application for a Finding Ten (10) copies of the following information must be submitted thirty (30) days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that are underlined will be completed by the Town STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receives a Permit Denial form completed by the Building Commissioner. STEP 2: FINDING APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a FINDING. All information as required in items 1 through and including 11 shall be completed. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will bt FINDING z STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedul the applicant for a hearing date and prepares the IE notice for mailing to the parties in interest (abutters for publication in the newspaper. The petitioner is notified that the legal notice has been prepared an( cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Of of the Zoning Board of Appeals and delivers the lec notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONII BOARD OF APPEALS: The petitioner should appear in his/her behalf, or bE represented by an agent or attorney. In the absenc any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by i the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision wil sent to all parties in interest. Any appeal of the Bo,- decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17, within twenty (20) dE after the decision is filed with the Town Clerk. V s amped by the Town Clerk certifying the time and date of filing. The Step 10: RECORDING CERTIFICATE OF DECISI remaining ten PLANS. copies will remain at the office of the Zoning Board of Appeals The petitioner is responsible for recording secretary. certificati the decision and any accompanying plans at the Es STEP 5: LIST OF PARTIES IN INTEREST: County North Registry of Deeds, Lawrence Once the petitioner submits all of the required Massachusetts, and shall complete the Certification information, the petitioner requests from the Assessors Recording form and forward it to Xhe Zoning Board c Office a certified list of Parties in Interest (abutters). Appeals and the Building Department Office. c ,� - .a ...»..„ � .... _.W ... »..._ ..,_..., w ... .-...ti .. wn.. ... .... .u.a.., 2 Y �A..a� iY .... .. IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office NJ 978-688-9501 To CI wn e, s Office 978-68 D914t �i?? Re rtment SEP 2 2 2003 BOARD OP APPEALS ------UJ/-Y.G/-UJ AU:1J ran 0-1-1-000 raZO March 12, 2003 66 Meadowood Road North Andover, MA 01845 North Andover Building Department Attn: Michael McGuire, Building Inspector 27 Charles Street North Andover, MA 01845 Fax: 978-688-9542 Subject: Records Request Re: Material Installations, Inc., 11 Bayfield. Drive North Andover Industrial Zone 2, parcel 125 Dear Mr. McGuire: Per our telephone conversation, requested are copies of any and all records related to Material Installations, Inc. Should you require additional information please contact me at 617-557-1235. The documents may be faxed to 617-557-1211. Thank -you for your assistance with this matter. Sincerely, 31� y -'s - 0 3 ✓Y1 A +� r r d 1 r N YL e K. Dino Balos „v J % o a 10 13oUvC 1� w"e.' 4-0 v s o N 1-30-03 T�Le- waS _c iveN a m cc p 3 tJ- n>ff � n w 10 001 -1/ ✓IA.S,SACHUSETTS UNIFORM APPLICATON FOR PERMIT TO DO GAS FITTING or print) Ivvtc1H ANDOVER, MASSACHUSETTS Building Locations 147/{1 Ik C Owner's Name Date y� i 19 7 New❑ Renovation ❑ Replacement Plans Submitted ❑ Permit # /%(p Amount $ Phis certifies that �..c -. !:..... :....:r' ....... . . ias permission for gas installation »� ..-. -�c- ���:.�. • -. n the buiYings of -.—t-) it //1. . • . I1 North Andover, ss. ....... Lic. No.r?VP, .. , % ' _ �-CaAS INSFECTO WHITE: A Ilcant CANARY B Check one: Certificate Installing Company ❑ Corp. ❑ Partner. 11--Firm/Co. PP uitdinq Dept. PINK. Treasurer Check one: have a current Gabiliiylnsui-ante-potrcy-arrr-ssw�ta�� ��-.�.�..r-----.__.._JYes If you have checked yes, please indicate the type coverage by checking the appropriate box. Liability insurance policy Other type of indemnity ❑ Bond No ❑ 1701 Owner's Insurance Waiver: I am 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: Signature of Owner or Owner's Agent 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 installations performed under Permit Issued for this application will be in compliance with all pertinent provisions of the Massachusetts ate Gas Code and Chapte� 142 of the General Laws, Bv: Title Cirv/Town APPROVED (OFFICE USE ONLY) SignatA of Licensed Plumber Or Gas Fitter Plumber . 4:2r %,,Al 4�� ❑ Gas Fitter License Number 0faster ❑ Journevman w C ..... — 3 C `'• W tr Date 4..: a �. ;'� .. . ....... z C C C w C C n w v c � MORT/, TOWN OF NORTH ANDOVER 1 as �= PERMIT FOR GAS INSTALLATION A SACHUSE Phis certifies that �..c -. !:..... :....:r' ....... . . ias permission for gas installation »� ..-. -�c- ���:.�. • -. n the buiYings of -.—t-) it //1. . • . I1 North Andover, ss. ....... Lic. No.r?VP, .. , % ' _ �-CaAS INSFECTO WHITE: A Ilcant CANARY B Check one: Certificate Installing Company ❑ Corp. ❑ Partner. 11--Firm/Co. PP uitdinq Dept. PINK. Treasurer Check one: have a current Gabiliiylnsui-ante-potrcy-arrr-ssw�ta�� ��-.�.�..r-----.__.._JYes If you have checked yes, please indicate the type coverage by checking the appropriate box. Liability insurance policy Other type of indemnity ❑ Bond No ❑ 1701 Owner's Insurance Waiver: I am 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: Signature of Owner or Owner's Agent 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 installations performed under Permit Issued for this application will be in compliance with all pertinent provisions of the Massachusetts ate Gas Code and Chapte� 142 of the General Laws, Bv: Title Cirv/Town APPROVED (OFFICE USE ONLY) SignatA of Licensed Plumber Or Gas Fitter Plumber . 4:2r %,,Al 4�� ❑ Gas Fitter License Number 0faster ❑ Journevman IHL C. AMUIVtWP-4L1H UT MA,5i.5;4C.HUSE I YS Office Use o/nlyy v+ DE PARThgNfOFPUBLIC S4= Permit No. BOARD OF ME PREI/EMONREGULATIONS527CMIl 12 00 (61 Occupancy &Fees Checked d - APPLICATIONFOR PERMU TO PERFORM ELEC7T ICU WORK ALL WORK TO BE PERFORMED IN ACCORDANCE WITH THE MASSACHUSSTS ELECTRICAL CODE, 527 CMR 12:00 G (PLEASE PRINT M P`!K OR TYPE ALL INFORMATION) Datg Town of North Andover To the Inspector of Wires: The undersigned applies for a permit to perform the electrical work described below. Location (StrP.et b Cowt' or Tenant Owner's .Address Is this permit in conjunction with a building permit: Yes No (Check Appropriate Box) Purpose of Building i'j1741, ' r_ c'� Utility Authorization No. Existing Service Amps / Volts Overhead Q Underground Q No. of Meters New Service Amps / Volts Overhead Underground No. of Meters N° 1 % "i o Date.....�- TOWN OF NORTH ANDOVER PERMIT FOR WIRING (Emergency MS KVA KVA Battery Units No. of Zones Detection and nn Devices This certifies that.......................-......................................................... g Sounding ..................�„ ij Seasonedces as permission to perform_,.".-,. ...::.::��:..............::� `'.....: ctio oun ing Devices wiring in h�btiilding of ._..� l' :' Connections • _ I Municipal ...................................................... C s, at . ...... :...... ../,r� ,� � ............. . North Andover, Mass. F ... Lic. Nd. ....... .......�. ELECTRICAL INSPECTOR 06/15/99 14:40 40.00 PAID WHITE: Applicant CANARY: Building Dept. PINK: Treasurer a Other c - • ,• ea:• . �• • w r `" -• , -.irr •1► . •- • • :• :• A •r..`- , ur..:- - •• •• •• - • • :•• ._ , - wak io stan -,5—F hwxum Daie Raquested Sigr� ur�da v e Nnabes cfpajur): FIRM NAME t~ L%li i /Jel DW?-IER'S R L -U NCE WAIVER; I amauaethattheLixtse rod � rrry stern has parr$ at�5catbrt � its ra�et�, Please check one) Owner Agent ;..: Expiration Date — Estirrr ValuedEkuical Work S Final LicaseNo. &syess Tel. va 6 l AIL Tel. Nu amaa,oe a -its sthsai Wvalentas rte by xst C corral Laws Telephone No. PERNiT-FEE S `T� M111H MH N o R't.It A N n O vr!. R M.--,SSACJTUSE, TTS Any appeal shall be filed Within (20) days after the _ date of filing of this Notice in the Office of the Town Clerk. SEP 3 8 is 1i°i T7 0 < • ems. .y SSAC NUsls< NOTICE OF DECISION Date. Saptembpr, .2 X9.$Z ....... . Date of Hearing August .3.,..1.9$7 Petition of. Channel . Building - - • . • .. • . - . Premises affected , .11. Bayfield :Drive _ . Industrial . .1 (I _1) . . Zoning District Referring to the above petition for a special permit from the requirements of the ..North .. . .. .Andover ZoningBylaw,Section -8;Para:3....:.. so as to permit , , to . exjpand, the .. , .,assemblyand live storage areas . , inan existing, building .by. 18,.200, scjuare, feet_ _ _ , .. • • . . After a public hearing given on the above date, the Plnnning Board voted Conditionally , to ...... the...Site.Plan. Review ................................... based upon the following conditions Signed PLANNING PLANNING & CO 3 MVNITY MEVELOPMENT err 1.:, L',1,y., KAfIEPH.d. NELSON, DII2EC I'OI� September 2, 1987 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 Re: Material Installation 11 Bayfield Drive North Andover, MA Site Plan Review through Special Permit Dear Mr. Long: The North Andover Planning Board held a public hearing upon the application of Channel Building Company, 23 Main Street, Andover, MA. on Monday evening, August 3, 1987 in the Town Office Meeting Room. The hearing was advertised in the North Andover Citizen on July 16 and July 23, 1987. The following members were present and voting: Erich W. Nitzsche, Chairman; John L. Simons, Clerk; George Perna and Paul Hedstrom. John J. Burke was absent. The petitioner seeks a Special Permit under Section 8, paragraph 3; Site Plan Review. The purpose of the Site Plan Special Permit is to review the proposal to expand the assembly and live storage areas of the existing facility by approximately 18,200 square feet of land on the North side of Bayfield Drive known as 11 Bayfiled Drive in an Industrial -1 (I-1) Zoning District. John Simons read the legal notice to open the public hearing. Letters were received and read from the Fire Department, Board of Health and two (2) letters from the Conservation Commission. Jim Bourgeois representing Channel Building, Material Installation and 114 Associates presented the proposed plans. MOTION: John Simons to continue the public hearing until the August 17, 1987 meeting. SECOND: George Perna VOTE: Unanimous OF "UR p, 4 OFFICES OF: 3 m n TO zl of APPEALS "�. I�OR�'H AI'iTDOVER 1_i North Atidover, BUILDING; ','••.;.b:.-',9 ss"°"pegs N1.1S i1CI1uS01,S 0184 5 CONSERVATION IUN ,�. DIVISION (3I (til 7) 685 4775 HEALTH PLANNING PLANNING & CO 3 MVNITY MEVELOPMENT err 1.:, L',1,y., KAfIEPH.d. NELSON, DII2EC I'OI� September 2, 1987 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 Re: Material Installation 11 Bayfield Drive North Andover, MA Site Plan Review through Special Permit Dear Mr. Long: The North Andover Planning Board held a public hearing upon the application of Channel Building Company, 23 Main Street, Andover, MA. on Monday evening, August 3, 1987 in the Town Office Meeting Room. The hearing was advertised in the North Andover Citizen on July 16 and July 23, 1987. The following members were present and voting: Erich W. Nitzsche, Chairman; John L. Simons, Clerk; George Perna and Paul Hedstrom. John J. Burke was absent. The petitioner seeks a Special Permit under Section 8, paragraph 3; Site Plan Review. The purpose of the Site Plan Special Permit is to review the proposal to expand the assembly and live storage areas of the existing facility by approximately 18,200 square feet of land on the North side of Bayfield Drive known as 11 Bayfiled Drive in an Industrial -1 (I-1) Zoning District. John Simons read the legal notice to open the public hearing. Letters were received and read from the Fire Department, Board of Health and two (2) letters from the Conservation Commission. Jim Bourgeois representing Channel Building, Material Installation and 114 Associates presented the proposed plans. MOTION: John Simons to continue the public hearing until the August 17, 1987 meeting. SECOND: George Perna VOTE: Unanimous y Page 2: ti: , • , MOTION: By John Simons to close the Publi; 1paring. SECOND: George Perna SEP 3 v 0 Et. VOTE: Unanimous On August 31, 1987 the Planning Board held a regular meeting and voted to approve the Special Permit application by Channel Building to construct an 18,300 square foot addition to the existing building located on Bayfield Drive at the intersection of Willow Street. Three issues of concern were discussed at the Public Hearing that should be addressed in this Conditional Approval are as follows: 1. The unfinished Cul -de -Sac at the end of Bayfield Drive does not allow for adequate fire protection and access - egress for the existing building. It was discussed that the Cul -de -Sac was not finished by the developer of North Andover Business Park prior to this date because of a pending application to the Commonwealth of Massachusetts to create an entry onto Route 125. The Planning Board is in receipt of a letter from the Division of Public Works dated November 14, 1986 denying the request for emergency access onto Route 125 and is concerned that no work has taken place on Bayfield Drive thru 1987. 2. Concern by abuttors to the North of Material Installation property of truck noise and lights during the night. Proponents for the project stated that the newest dwellings are 200 feet and 400 feet respectively from the building, but admit that into the winter months, a lack of foliage in the intervening woods may be cause for concern and have suggested that truck traffic be directed onto the locus by way of the Willow Street entrances thereby minimizing headlights being directed to the North by the present access from Bayfield Drive. 3. There was a concern by the Planning Board of the increased rate of runoff being produced within the North Andover Business Park by the inclusion of additional impervious pavement and building additions. The applicants Engineer, Mr. Tom Neve, has submitted drainage calculations stating the peak runoff has been decreased from the locus due to the fact that percentage of impervious area on the lot has been reduced from the overall Master plan of the Park and that the lot size has been reduced. Notwithstanding these factors, the Planning Board recognizes that if this lot size has been reduced, another lot. in the Park must have been increased, and that Mr. Neve nor the Planning Board has an accurate accounting of the present impervious area versus the original Master Plan impervious area of the Business Park lI overa 1.Therefore; the Planning Board, renders" -this: Conditional Approval ::�� dor the onstYuctson_ of the, proposed:4.bul.l.ding additions:. for - material Instal]atinn.q: Page 3 1. Bayfield Drive will be cons trugte94,nb1ccordance with the Subdivision Plans of North:'AndbVdr Business Park and be brought to at least bindL pavement to the satisfaction of the North Andover Fire Department and to the Division of Public Works prior to construction of the building addition. 2. The lawn area to the East of the proposed building between the building and Willow Street, shall be designed as a Detention/Retention Pond to further mitigate runoff flows and to account for loss ground water infiltration due to the impervoius area. This will necessitate redirecting runoff flows into the Ponding area, preferably from the parking lot prior to discharge off site, with proper pipe sizing to detain storm water flows to the maximum possible. 3. Truck traffic flow will be required to access -egress the property from the Willow Street curb cut only and automobile egress the site from the curb cut on Bayfield Drive. This will be a condition for continued occupancy and will be implemented by the use of one-way signs and exit only signs and others as deemed necessary both installed at the two curb cuts as well as at the truck docks and pointed indications on the pavement throughout the parking and access -egress areas. 4. Upon completion of the building addition and prior to building occupancy, the applicant shall file an As -Built Plan of the total site showing at least, but -not limited to the following, pavement grades, rims and inverts, drainage size, access - egress signs, lighting landscaping and all utilities. Said plan to be prepared and certified by a Professional Land Surveyor and submitted for approval by the Planning Board. 5. The landscape plan as submitted does not show the existing row of planted arborvitae to the rear of the existing building and the Planning Board is of the opinion that the proposed planting of arborvitae will be of the same nature, and therefore will not mature to a full effective screening for many years and therefore will require that in addition to the landscaping plan as submitted being conformed to in its entirety, a six (6) foot closed stockade fence be erected along the property line from a point starting fifty (50) feet from Route 125 and extending Easterly to the Easterly line of the proposed building addition. 6. In accordance with the Fire Department report of July 31, 1987, the following shall be provided: 1. The addition must be equipped with an automatic fire suppression system (sprinklers) and the fire detection and alarms form the original building must be extended into the addition. Both of these systems must have plans submitted to the Fire Chief .for approval prior- o.:construction,.. Page 4: 2. The Fire Chief has requested that information regarding the material to.be stored and the amount of storage for products in this expansion be submitted to himself or the Fire Presention Officer. 7. The North Andover. Conservation Comission's Order of Conditions under File No. 242-193, shall become a part of this approval .and be strictly adhered. 8 In addition to the aforementioned Conditions, the Planning Board approves only that work as shown on the submitted plans namely: 1. Sheet Ll -1 dated 9/5/86 and revised 8/13/87 2. Sheet L2-1 dated 9/5/86 and revised 8/13/87 3. Sheet L4-1 dated 9/5/86 and revised 8/13/87 4. Unnumbered Sheet dated 8/13/86 and revised 9/9/86 and entitled "Scheme 3" 9. Any proposed changes and/or future building expansion will be the subject of a new -Public Hearing under a new Special Permit Application and further that any changes from these approved plans and that may be shown on the As -Built Plan submitted for. approval prior to occupancy will negate this Special Permit and will require -a new filing of application. Sincerely, PLANNING BOARD Erich W. Nitzsciffi, / j e Chairman -o cc: Director of Public Works :f • .� =? . Highway Surveyor Board of Public Works Tree Warden _ Conservation Commission �D Building Inspector Board of Health r=� Assessor - -,, Police Chief Fire Chief Applicant Engineer File Interested Parties Town of North Andover Office of the Building Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Coninussioner MEMORANDUM To: Raymond T. Santilk Assistant Town Manager From: Robert Nicetta, Building Commissioner 11 �i Date: February 3, 2004 Re: Public Records Request Telephone (978) 688-9545 Fax(978)688-9542 Enclosed are the available records from the file of Material Installations, Inc. It appears that the structure was constructed in 1985. I do not know where the requested records may be located, as this is all that was available to me when I arrived in 1988. BOARD OF A.PPE.ALS 688 °54.'. BUILDING 688-9545 CONSERVATION 688 9530 HEALTH 688-9540 PL_ANVING 688-9535 Town of North Andover Office of the Building Department Communiq Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building C,'ominissioner MEMORANDUM To: Raymond T. Santilli, Assistant Town Manager From: Robert Nicetta, Building Commissioner 11 �i Date: February 3, 2004 Re: Public Records Request Telephone (978) 688-9545 Fax (978)688-9542 Enclosed are the available records from the file of Material Installations, Inc. It appears that the structure was constructed in 1985. I do not know where the requested records may be located, as this is all that was available to me when I arrived in 1988. BOA -RD OF APPE ILS 688-9541 BITILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLA\"vI\G 688-9335 Nicetta, Robert From: Bob Nicetta[micetta@tovmofnorthandover.com] To: 'Santilli, Ray' Subject: RE: Public Records Request Ray: Mr. K. Dino Balos of 66 Meadovvood Street made the same request through the building office on March 12, 2003. Inspector McGuire has informed me that the information was faxed to Mr. Balos on March 13, 2003. On April 14, 2003 the Office of the Town Manager made the same request and to the best of my knowledge the requested paperwork was forwarded to his office. It is apparent that Mr. Balos received the information as it was contained in his request to AGGRIEVE the decision of the Building Inspector in a Nov- 16, 2003 petition to the Zoning Board of Appeals. The petition is being heard, and continued, by the ZBA until February 10, 2004. Therefore, I am of the opinion that this request does not have merit. Additionally; your duly 17, 2003 correspondence to Mr. Balos addressed some of the matters. If you deem that the information must be given again, I will forward it, at your direction. -----Original Message ----- From: Santilli, Ray Sent: Thursday, January 29, 200412:46 PM To: Nicetta, Robert Cc: Griffin, Heidi Subject: Public Records Request The Town Manager's office has received the following public records request: Building Department records specifically building permits, certificate of occupancy and any log of inspection for Material Installations located in the North Andover Industrial Park accessible via Willow Street off Route 114. Please provide me with an estimated amount of time such a search would take along with a cost for doing the search. Remember that the cost must be for the lowest paid person capable of conducting the search (most likely Jeannine). Also give me an estimate of the number of pages you would be providing as a result of the search. �%aV. Scin#M Assistant Tor win ?tiger & Huntarn Resources director Town of North Andover Office of the Building Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner MEMORANDUM To: Raymond T. Santilk Assistant Town Manager From: Robert Nicetta, Building Commissioner 11 �t Date: February 3, 2004 Re: Public Records Request Telephone (978) 688-9545 Fax (978) 688-9542 Enclosed are the available records from the file of Material Installations, Inc. It appears that the structure was constructed in 1985. I do not know where the requested records may he located, as this is all that was available to me when I arrived in 1988. BOARD OF APPEAL.S 688-9541 BCJIL.DING 688-9545 CONSERVATION 688«530 HEALTH 688-9540 PL ANNING 688-9333 Nicetta, Robert From: Bob Nicetta[micetta@townofnorthandover.com] To: 'Santilli, Ray' Subject: RE: Public Records Request Ray:j, 1 M r.., ri t .r -,r# --Ire-, -, a t� M... w : eq c:, h ✓ ` h G, .,,., �:a iefi, . ✓.'-`: .05 ^�t � ,�i�...e-,.,v:-.ve...., vt, E'..� made lf' � ,. ..i.,�..ac :.., .�... -:�: , o........: , cr .... ... i, ::irYr:xr t 'r,r, rr� r,Yre• :r'.r rr.r ri rrs r- a# e, -ri{ �.. .. ✓, t�.,.,� ii:`r. �! t r _-Trr, -�•a ?lf"t't r rl `!, i3. is. ui 1. ..,1i .' �3. L F_ i rrarie lv o sai req—u, es aary��i -v-s ve}� eje��4 t t�{/ v 'z,.ri.' ; }1,� Wib rese�.'ur, r. PeV QrV �r. x.,.Nae• 11:.. ..:z.:l.f� .. • ,..e .. ,. _ v. . .. 1.� .� . ti�_.,+� r"^�..=..t :� J rrl s"Jail �.: :. i .s.41c er ii iS rer"t t !,A! Pi`',:ir—s re eiive,i -i �t {�'ie- I" .� - t� to 45 1,r1G,^ /t l�'� icf `ib- rt e e sl f I( P �r1r{ ,r l"5 t� 4' ,.�r nl �l: 5�cf.zr �x .! iiy)'`[ 1, fliJj-, ;hr, !{l I*n t r1.Wl` !- iiwl. �. _ t..�..f. _.. _ c!1 L ..__ C _ i 1e 1!-f, ;�r, ...-. +.,, �rYr ,-r:/ ,. .�`.f...G, it,{ili -arrr: -t i� �(Z�. �' T. t, c. i�... is �t .1��' f?ni t _t` 7k�Eq f%; iIn ..;t _'! _c r.,.?;r ,siil`. zl � nt _.Ii is !A 1 t•(, � L ,-L• tf_!,} i,, 'it li t'e, �i- ilVli-i iiC'ii;• r)--r- 1,�c ll:l -----Original Message ----- From: Santilli, Ray Sent: Thursday, January 29, 200412:45 PM To: Nicetta, Robert Cc: Griffin, Held! Subject: Public Records Request The Town Manager's office has received the following public records request: Building Department records specifically building permits, certificate of occupancy and any log of inspection for Material Installations located in the North Andover Industrial Park accessible via Willow Street off Route 114. Please provide me with an estimated amount of time such a search would take along with a cost for doing the search. Remember that the cost must be for the lowest paid person capable of conducting the search (most likely Jeannine). Also give me an estimate of the number of pages you would be providing as a result of the search. Ray. S iU xsistamt , 0 --ii Mmager & H=um RR�sourc3 Director March 12, 2003 66 Meadowood Road North Andover, MA 01845 North Andover Building Department Attn: Michael McGuire, Building Inspector 27 Charles Street North Andover, MA 01845 Fax: 978-688-9542 Subject: Records Request Re: Material Installations, Inc., 11 Bayfield Drive North Andover Industrial Zone 2, parcel 125 Dear Mr. McGuire: Per our telephone conversation, requested are copies of any and all records related to Material Installations, Inc. Should you require additional information please contact me at 617-557-1235. The documents may be faxed to 617-557-121 L Thank -you for your assistance with this matter - Sincerely, �joJ y -is -0 3 K. Dino Balos J C, l"�s�vS� oN )—`30-0 3 '12 (�0us'e- LV /vero a CO C,c, vpa-- r, 3 �4- nVf All C-Ou1d 0 MASSACHUSETTS UNIFORM APPLICATON FOR PERMIT TO DO GAS FITTING or print) Ivvtc[H ANDOVER, MASSACHUSETTS Date �r' 7 19 7 Building Locations IS y /-il�G U, Permit #� _ Amount S I* 7-16,4_#7-1otj /,4 ,---Owner's Name New❑ Renovation ❑ Replacement r-114 . Plans Submitted ❑ 0t o SSS ool Pon 3 1 O (6 Date. . 4{: �? S % � „ORTH , TOWN OF NORTH ANDOVER o 4 A ;, PERMIT FOR GAS INSTALLATIOV1 g tA1CMUSE Z. - z C C C C m This certifies that has permission for gas installation in the buildings of : s :�:: l`J� .�<.' , . ` a at /1. ......... North Andover, ss. FeFee.-?/.Jam.. Lic. Nor''?Y 2e(' w , le GAS INSPECTO WHITE: Applicant CANARY: Building Dept. PINK: Treasurer Check one: Certificate Installing Company ❑ Corp. ❑ Partner. Firm/Co. Check one: I have a current fiabil-iff Yes No ❑ If you have checked yes, please indicate the type coverage by checking the appropriate box. Liability insurance policy �� Other type of indemnity ❑ Bond ❑ Owner's Insurance Waiver: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the .`v4ass. General Laws, and that my signature on this permit application waives this requirement. Check one: Sianarure of Owner or Owner's Agent Owner ❑ Agent ❑ i herebv 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 installations performed under Permit Issued for this application will be in compliance with all pertinent provisions of the Massachusetts tate Ga,�,Code and Chapter 142 of the General Laws. Bv: Title Ciry/Town APPROVED (OFFICE USE ONLY) Signature of Licensed Plumber Or Gas Fitter Plumber 42 ❑ c Gas Fitter License Number 2 -Master ❑ Journevman -� =COMMON,EILTHOFM4�4C�lUSE77N Office Use only ='r DEPARTr1EW OFPUBLICSAFETY�� Pet7nit No. BOARD OFFIREPRETmV'170NREGUTATTONN527CMR 12* (J Occupancy & Fees Checked b APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK ALL WORK TO BE PERFORMED IN ACCORDANCE WITH THE MASSACHUSSTS ELECTRICAL CODE, 527 CMR 12:00 / (PLEASE PRINT M r..K OR TYPE ALL INFORMATION) Date Town of North Andover To the Inspector of Wires: The undersigned applies for a permit to perform the electrical work described below. Location (Street S 6�? or Tenant Owner's .Address J_71,"6<' Is this permit in conjunction with a building permit: Yes No 71 (Check Appropriate Box) Purpose of Building Utility Authorization No. Existing Service Amps / Volts Overhead Q Underground M No. of Meters New Service Amps / Volts Overhead Underground No. of Meters N2 Date. Transformers Total KVA Of ,40R7k tors K V A TOWN OF NORTH ANDOVER a PERMIT FOR WIRING Emergency Lighting Battery Units 'TSA s� ALARMS No. of Zones — Detection and rr_y_ N. i_.(r�� ting Devices This certifies that.........................:...:............................................................ Sounding • i= -, Sei Contai edces has permission to perform.:`..:.:.4.I:.........:::::... "....c:? �'.....: ction/Sounding Devices 7 ...-:..,.��: ( Municipal Othz wiringin th .............:.............................tConnections .. ...... `� .1 . . -. ....� . .. ...................... .North Andover, Mass. F ..... ... Lic. Nd. -...'11.4. ..... .�.:.,'%..,� `:? r c 1......�::....:... ELECTRICAL INSPECTOR 06/15/99 14:40 40.00 PAID I� WHITE: Applicant CANARY: Building Dept. PINK: Treasurer YES NO ( have stlbmit Jvalidpmfofsanebthe0ffia-- YES NO =7lf}ouha\,eta-,edYES, pleaseitdratetheNxcfcovgmgebydiedozgtFe u NSURAIXCE BOND OTHER = ( SpacifY) W'Cd<ID Start .(� S .f Y hpemon L�Re4 � Rc ugh Si� tsrf-U %nines d*ur} OWNER'S MURANCEW.ArIEP1aTtawaediateLca2sedmodt a>a that rrty stern ilas p >z» ac n wain tits =want(, (?lease check one) Owner Agent Etat Date Esq ValuecfE'em-inl Wade S Final Bim TeL Na l `' Ai Td. Na tt'v aaranxcoo etag--orvs ahst- [el eg alentas ttmed bymass tts Carl Laws Telephone No. PER;MTT FEE Sr D N o R 't .I7 A N n 0 V T R F{ [I "A T I:`{%;is S A C I I U S L 't T S Any appeal shall be filed Within (20) days after the _ date of filing of this Notice in the Office of the Town Clerk. 1. SEP 811 ". o NOTICE OF DECISION Date. Saptembar .2 , . J9.$Z ........ Date of Ilearing August..31 , ..I.9.$ 7 Petition of ..Channel . Building ..... _ . _ , . , • ....... • ... . Premises affected ...11. Bayfield Drive Industrial -I .1 (I . .1) Zoning. District . . Referring to the above petition for a special permit from the requirements of the ..North .. . . .Andover ZoningBylaw,Section 8;Para. 3....:..... . _ .. so as to permit .. to _expand, the ., ... assemblyand live storage areas ..inan existing. building _bX. 18 :200, square. feet_ _ ..... _ _ . . . . . After a public hearing given on the above date. the Planning Board voted Conditionally , to ..APQrove ...... the ...Site. Plan. Review .................................. . based upon the following conditions: Signed Erich. W,., ,Nitzsche , ChAajrman John Simons�,Clerk ... .. ... .... , George Perna Paul Hedstrom John J. Burke ,. .......P! nnii)[; 'Board ... Or-F'•iCES OF: JOHT/� o am 'I'Oyvxl of 120 titaiit str( r -t APPEALS NORTH ANDOVER North Andover, BUILDING, ;7 "•:;,�:% 49 M31SSi1ChU5CtIS O 184r; CONSERVATION s9"`"p8�s ({. DIVISION (ii (61 7) 685-4775 HEALTH PLANNING PLANNING & COMM tjNITY1 MEVELOPM ENT �rrr t, .; PH.11. KAF2NELSON, [ARECTOR September 2, 1987 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 Re: Material Installation 11 Bayfield Drive North Andover, MA Site Plan Review through Special Perm! Dear Mr. Long: The North Andover Planning Board held a public hearing upon the application of Channel Building Company, 23 Main Street, Andover, MA. on Monday evening, August 3, 1987 in the Town Office Meeting Room. The hearing was advertised in the North Andover Citizen on July 16 and July 23, 1987. The following members were present and voting: Erich W. Nitzsche, Chairman; John L. Simons, Clerk; George Perna and Paul Hedstrom. John J. Burke was absent. The petitioner seeks a Special.Permit under Section 8', paragraph 3; Site Plan Review. The purpose of the Site Plan Special Permit is to review the proposal to expand the assembly and live storage areas of the existing facility by approximately 18,200 squarefeet of land on the North side of Bayfield Drive known as 11 Bayfiled Drive in an Industrial -1 (I-1) Zoning District. John Simons read the legal notice to open the -public hearing. Letters were received and read from the Fire Department, Board of Health and two (2) letters from the Conservation Commission. Jim Bourgeois representing Channel Building, Material Installation and 114 Associates presented the proposed plans. MOTION: John Simons to continue the public hearing until the August 17, 1987 meeting. SECOND: George Perna VOTE: Unanimous. On August 17, 1987 the public hearing was continued. John Simons read a letter sent to Mr. & Mrs. Redman from Material •Installation with regards to lighting and traffic issues. Jim Bourgeois of Channel Building .presented the Planning Board with revised plans. _ ♦n L Page 2: MOTION: By John Simons SECOND: George Perna VOTE: Unanimous to close the publi,trparing. On August 31, 1987 the Planning Board held a regular meeting and voted to approve the Special Permit application by Channel Building to construct an 18,300 square foot addition to the existing building located on Bayfield Drive at the intersection of Willow Street. Three issues of concern were discussed at the Public Hearing that should be addressed in this Conditional Approval are as follows: 1. The unfinished Cul -de -Sac at the end of Bayfield Drive does not allow for adequate fire protection and access - egress for the existing building. It was discussed that the Cul -de -Sac was not finished by the developer of North Andover Business Park prior to this date because of a pending application to the Commonwealth of Massachusetts to create an entry onto Route 125. The Planning Board is in receipt of a letter from the Division of Public Works dated November 14, 1986 denying the request for emergency access onto Route 125 and is concerned that no work has taken place on Bayfield Drive thru 1987. 2. Concern by abuttors to the North of Material Installation property of truck noise and lights during the night. Proponents for the project stated that the newest dwellings are 200 feet and 400 feet respectively from the building, but admit that into the winter months, a lack of foliage in the intervening woods may be cause for concern and have suggested that truck traffic be directed onto the locus by way of the Willow Street entrances thereby minimizing headlights being directed to the North by the present access from Bayfield Drive. 3. There was a concern by the Planning Board of the increased rate of runoff being produced within the North Andover Business Park by the inclusion of additional impervious pavement and building additions. The applicants Engineer, Mr. Tom Neve, has submitted drainage calculations stating the peak runoff has been decreased from the locus due to the fact that percentage of impervious area on the lot has been reduced from the overall Master plan of the Park and that the lot size has been reduced. Notwithstanding these factors, the Planning Board recognizes that if this lot size has been reduced, another lot. in the Park must have been increased, and that Mr. Neve nor the Planning Board has an accurate accounting of the present impervious area versus the original Master Plan impervious area of the Business .Park overall. ` Therefore,` the Planning Board renders thzs_Conditional Approval r , for .the construction of the proposed}, bu4zld�ng additions.: ;,for Material Installations: Page 3: 1. Bayfield Drive will be construptegi�Iccordance with the % Subdivision Plans of North 3Andoirdr Business Park and be brought to at least bind8Y pavement to the satisfaction of the North Andover Fire Department and to the Division of Public Works prior to construction of the building addition. 2. The lawn area to the East of the proposed building between the building and Willow Street - shall be designed as a Detention/Retention Pond to further mitigate runoff flows and to account for loss ground water infiltration due to the impervoius area. This will necessitate redirecting runoff flows into the Ponding area, preferably from the parking lot prior to discharge off site, with proper pipe sizing to detain storm.water flows to the maximum possible. 3. Truck traffic flow will be required to access -egress the property from the Willow Street curb cut only and automobile egress the site from the curb cut on Bayfield Drive. This will be a condition for continued occupancy and will be implemented by the use of one-way signs and exit only signs and others as deemed necessary both installed at the two curb cuts as well as at the truck docks and pointed indications on the pavement throughout the parking and access -egress areas. 4. Upon completion.of the building addition and prior to building occupancy, the applicant shall file an As -Built Planof the total site showing at least, but -not limited to the following, pavement grades, rims and inverts, drainage size, access egress signs, lighting landscaping and all utilities. Said plan to be prepared and certified by a Professional Land Surveyor and submitted for approval by the Planning Board. 5. The landscape plan as submitted does not show the existing row of planted arborvitae to the rear of the existing building and the Planning Board is of the opinion that the proposed planting of arborvitae will be of the same nature, and therefore will not mature to a full effective screening for many years and therefore will require that in addition to the landscaping plan as submitted being conformed to in its entirety, a six (6) foot closed stockade fence be erected along the property line from a point starting fifty (50) feet from Route 125 and extending Easterly to the Easterly line of the proposed building addition. 6. In accordance with the Fire Department report of July 31, 1987, the following shall be provided: 1. The addition mustbe equipped with an automatic fire suppression system (sprinklers) and the fire detection and alarms form the original building must be extended into the addition. 'Both of these.systems must have plans.submitted to the. Fire Chief .for approval prior to...construction. /je cc: Page 4: 2. The Fire Chief has requested that information regarding the material to be stored and the amount of storage for products in this expansion be submitted to himself or the Fire Presention Officer. 7. The North Andover. COnservation Comission's Order of Conditions under File No. 242-193, shall become a part of this approval .and be strictly adhered. 8 - In addition to the aforementioned Conditions, the Planning Board approves only that work as shown on the submitted plans namely: 1. Sheet LI -1 dated 9/5/86 and revised 8/13/87 2. Sheet L2-1 dated 9/5/86 and revised 8/13/87 3. Sheet L4-1 dated 9/5/86 and revised 8/13/87 4. Unnumbered -Sheet dated 8/13/86 and revised 9/9/86 and entitled "Scheme 3" 9. Any proposed changes and/or future building expansion will be the subject of a new Public Hearing under a new Special Permit Application and further that any changes from these approved plans and that may be shown on the As -Built Plan submitted for. approval prior to occupancy will negate this Special Permit and will require'anew filing of application. Sincerely, PLANNING BOARD Erich W. Nitzsc , Chairman m -o Director of Public Works Highway Surveyor Board of Public Works C0 '== Tree Warden Conservation Commission tD Building Inspector -- ' Board of Health=� Assessor Police Chief Fire Chief Applicant Engineer File Interested Parties U Nicetta Robert ' From: Santilli, Ray Sent: Thursday, January 29, 200412:46 PM To: Nicetta, Robert Cc: Griffin, Heidi Subject: Public Records Request The Town Manager's office has received the following public records request: Building Department records specifically building permits, certificate of occupancy and any log of inspection for Material Installations located in the North Andover Industrial Park accessible via Willow Street off Route 114. Please provide me with an estimated amount of time such a search would take along with a cost for doing the search. Remember that the cost must be for the lowest paid person capable of conducing the search (most likely Jear m me). Also give me an estimate of the number of -pages you would be providing as a result of the search. JZa* SamM Assistant Town Maruiger & Human Resources 1?hwtor Town of North Andover Office of the Building Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner August 25, 2003 Mr. Konstantinos `Dino" Balos 66 Meadowood Road North Andover, MA 01845 -RE: Zoning Complaint Materials Installations, Inc. ��� 11 Bayfield Drive<-__'--(g Dear Mr. Balos: Telephone (978) 688-9545 Fax(978)688-9542 I am of the following opinion after investigating your complaint against the above referenced business: The Planning Board Special Permit of August 31, 1987 did not place a definite time of operation for Materials Installations, Inc. in the Conditional Approval of the Site Plan Review. • In 1987 and presently the North Andover Zoning By-law does not address hours of operation. • The Planning Board Decision of 1987 does not place any restriction on the type ,of business Materials Installations, Inc. conducts at the Industrial -1 site: In fact the August 31` decision gave the business permission "to expand the assembly and live storage areas in an existing building by 18,200 square feet". • In 1987 and presently the North Andover Zoning By-law does not. address "noise levels" in any zoning district • On site investigation reveals that the "row of planted arborvitae to the rear of the building and the six (6) foot closed stockade fence erected along the property line" are in place as required in Paragraph 5 of the Conditional Approval, The Building Commissioner / Zoning Enforcement Officer is of the opinion that Materials Installations, Inc. is in compliance with the approved Planning Board Special Permit of August 31, 1987, time stamped by the North Andover Town Clerk on September 03, 1987. Pursuant to Section 10.4 of the North Andover Zoning By-law this decision maybe grieved within thirty (30) days before the North Andover Zoning Board of Appeals. Yourrss truly, D.Robert Nicetta Building Commissioner / Zoning. Enforcement Officer CC: Heidi Griffin, Director CD&S Mark $ Rees, Town Manager Raymond J. Santilli, Assistant Town Manager Thomas J. Urbelis, Town Counsel ✓Villiam Sullivan, Chairman ZBA BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Olt .700 rata t March 12, 2003 66 Meadowood Road North Andover, MA 01845 North Andover Building Department Attn: Michael McGuire, Building Inspector 27 Charles Street North Andover, MA 01845 Fax: 978-688-9542 Subject: Records Request Re: Material Installations, Inc., 11 Bayfield Drive North Andover Industrial Zone 2, parcel 125 Dear Mr. McGuire: Per our telephone conversation, requested are copies of any and all records related. to Material Installations, Inc. Should you require additional information please contact me at 617-557-1235. The documents may be faxed to 617-557-1211. Thank -you for your assistance with this matter. ✓n A- -h -e- P N ,S 4:5 '�d r YL e K / N 191 O 57 - a/c a/as Gou� ovs� ati 1--3o—d 3 Sincerely, K. Dino Balos �2 �ooS� �ivcN a JLvaS LV CG up A� C- r l j A.) 3 Td� C as ��vN �s w� �� y �N� ,�- C , � A) � v ra- Aj\ Q��. �b cc SS�sSa1`S 6-0 C' tooot s THFC0W0AWE4LTH0FA14& ,4CgL FM Office Use only DEPARTWATOFPUBLLCSAFEIY Permit No. BOARD OF MEPREY=ONREGULAT10NN527GWR 12:1X) Occupancy & Fees Checked APPLICATION FOR Pel TO PERFORM ELECTRICAL WORK ALL WORK TO BE PERFORMED IN ACCORDANCE WITH THE MASSACHUSSTS ELECTRICAL CODE, 527 CMR 12:00 / 4 (PLEASE PR]NT IN INK OR TYPE ALL IN Date C� —/1/1 Town of North Andover The undersigned applies for a permit to perform the electrical work described below. Location (Sti f.et 6 Cow or Tenant Owner's Address 0-/ . Is this permit in conjunction with a building permit: / Yes = No (Check Appropriate Box) Purpose of Buiiding 111V/CC C_ To the Inspector of Wires: Existing Service Amps / Volts Utility Authorization No. -- r Overhead = Underground = New Service Amps / Volts Overhead Underground No. of Meters No. of Meters :: �n N° 1 1 O Date. :../...... 7- Transformers Total NORTH K V A TOWN OF NORTH ANDOVER ators KVA F " PERMIT FOR WIRING Emergency Lighting Battery Units �SsAcMusE�ALARMS No. of Zones _ Detection and This certifies that, ........................., .......................................................... y- ting Devices —" :...:.. s; .....�-- ...... Sounding Devices has permission to perform._Sel Cotaiined ........:::..........................,, ............ ctro ounding De ce Mucp I aOtherwiring in he -building :a:..............................................Connections at.. ...... .... ... ...-.......J... (2. ................... . North Andover, Mass. F . ...... Lic. No. -Z.i......�:1..>.�:� ........... ELECTRICAL INSPECTOR 06/15/99 14:40 40.00 PAID 1 WHITE: Applicant CANARY: Building Dept. PINK: Treasurer - • � m:� . r� � �r r •- - � r - Biu' 9. • rr - • :� :ra .1► • -r..•- ur..� - �� - • • :�o ,- Wtxk YD Start Y Int DaL-R4 s Rc4 Stgl-ed unda-trr 1$abes ofpajtsy- FIRM N V IE ( l ? r r �l 7W OW?vER'S IN'�LJR.AI� WAVER I amawk=t afrLixr,,xdDmnQti� and )ret rztysigratuecn alas pplimann wain this maz= x please check one) Owner Agent s EV7-mocnDae Esti Vah-cdEectncal Wcdc s Final GGTP �%--Gs--c IJC�ftSelW , f Bis—23sTel.?Va �r1 Y (/tom- = lr�• Alt Tei Na ` u>st"m axo Grits stemma! e; xas mq_m byMassa� Cencrj Laws Telephone No. _ PERMIT FEES 17� OjkTType VA.SSACHUSE I'TSUNIFORMAPPUCATON FOR PERMITTO DO GASFM-jNG or print) NORTH ANDOVER, MASSACHUSETTS Date_ y OZ 19 J cj ilding Locations Permit # Amounts i4-/J-T/ot�l /,r, G Owner's Name v ❑ Renovation ❑ Replacement L Plans Submitted ❑ Date. >' ;;+tia TOWN OF NORTH ANDOVER • Op A PERMIT FOR CAS INSTALLATIOR u o ifies that ................ .E ission for gas installation - - Ongs of ,., , North Andover lis ... Lic. Nor'.%l �;%� '� %z ' TE: Applicant CANARY: Building Dept. Check one: Certificate Installing Company ❑ Corp. ❑ Partner. ❑"Firm/Co. 'urrent iia67litylnsuPa e I (Check on Ii0 Tcy�rn S'suv�rarma� tir.�,�... - — ..i Yes re checked yes, please indicate the type coverage by checking the appropriate box. nsurance policy �— Other type of indemnity ❑ E nsurance Waiver: I am aware that the licensee does not the Insurance coverage required by Chapter 142 of the feral Laws, and that my signature on this permit application waives this requirement. of Owner or Owner's Agent Check one: ' "dvc suomtttetl (or entered) in above application are true and accurate to the knowledge and that all plumbing work and installations performed under Permit Issued for this application will be in with all pertinent provisions of the Massachusetts Yale Gas ode and Chapter 142 of the General Laws. ❑ PSignature of Licensed Plumber Or Gas Fitter lumber 17 .? ❑ Gas Fitter Number M-rvlaster 'ED(oFFICE usE ONLY) ❑ Journeyman 1 �,OW'*N..Oh NORT]t ANDOVER .. PttI 1 ? , A! ISSACITUSETTS SEP 3 8 I1 Q Ai;l °87 3;ofj, e' any appeal shall be filed 0 within (20) days after the _ ' date of filing of Notic • � _ this e • �'ss,fHUStS`y in the Office of the Town Clerk. NOTICE OF DECISION Date. Sapteuibax .2, ...9.$Z ........ Date of Hearing August .31.. 1.9$7 Petition of ,Channel. Building .......... . . . , .. _ • . Premises affected....11. Bayfield Drive . . Industrial -1 (I-1) Zoning Distract . . ..... . . . ... .......................... Referring to the above petition for a special permit from the requirements of the .. North . An Zoning. Bylaw,, Section .8 ; .Para :. 3....:..... ... . so as to permit , , to . expand, the .assembly. and , ., , live storage areas in, an existing, b..u.i.l.d.i.ng by. l.8:200, squarefeet , . . ............................... After a public hearing given on the above date. the Plnnning Board voted Conditionally to ..A��rove , , ..the ...�ite. Plan. Review .................................. based upon the following conditions Memorandum To: Karen A. Robertson, Administrative Assistant From: Michel Glennon, Board of Appeals Date: April 14, 2003 Re: Request for Information There was no Zoning Board of Appeals file for 11 Bayfield Drive at 27 Charles Street. CC: Mark Rees, Town Manager D. Robert Nicetta, Building Commissioner ZBA file Mark H. Rees Town Manager TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 MEMO TO: D. Robert Nicetta, Building Commissioner Michel Glennon, Board of Appeals Julie Parrino, Conservation Administrator Justin Woods, Town Planner Sandra Starr, Health Administrator Donna Mae D'Agata, Adm. Asst., CD&S Richard Stanley, Police Chief William Hmurciak, Director, Public Works Joyce Bradshaw, Town Clerk FROM: Karen A. Robertson, Administrative Assistant DATE: April 14, 2003 RE: Request for Information Telephone (978) 688-9510 FAX (978) 688-9556 Enclosed please find a Public Records Request from K. Dino Balos, 66 Meadowood Road, North Andover. Please provide this office with copies of the information requested in the attached correspondence pertaining to your office. We would appreciate receiving this information at your earliest convenience. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me. Cc: Mark Rees, Town Manager Nicetta, Robert From: Santilli, Ray Sent: Thursday, January 29, 2004 12:46 PM To: Nicetta, Robert Cc: Griffin, Heidi Subject: Public Records Request The Town Manager's office has received the following public records request: Building Department records specifically building permits, certificate of occupancy and any log of inspection for Material Installations located in the North Andover Industrial Park accessible via Willow Street off Route 114. Please provide me with an estimated amount of time such a search would take along with a cost for doing the search. Remember that the cost must be for the lowest paid person capable of conducting the search (most likely Jeannine). Also give me an estimate of the number of pages you would be providing as a result of the search. RaV SanM Assistmt Town.-Nager & Humana Resources Director TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 f NORTH A Raymond T Santilli Assistant Town Manager f & Human Resources Director �SSacHU July 17, 2003 Mr. Konstantinos Balos 66 Meadowood Road North Andover, MA 01845 Dear Mr. Balos: TEL (978) 688-9516 FAX (978) 688-9556 Your recent letter to Town Manager Mark Rees regarding Material Installations, Inc. was forwarded to me for follow-up and response. Over the past weeks, I have met with Building Commissioner Robert Nicetta several times to review your issues. Mr. Nicetta has had multiple discussions and meetings with representatives of Material Installations regarding your concerns. The company claims that their daily activities begin at 7:00 a.m. as required. This includes all truck operations. This obviously differs significantly from the activity log you provided for a 4% month period. Regarding the noise and truck issues, I have notified the Police Department to dispatch a patrol unit several times during the night hours to the location (11 Bayfield Drive) to ensure that there is no truck activity (either idling or fueling). I have also asked that these nightly dispatches occur at random times. Regarding the zoning by-law issues you raise, I have forwarded your letter to Mr. William Sullivan, Chairman of the Zoning Board of Appeals. If you wish to address the matter before the ZBA, you can file the .appropriate paperwork at the ZBA office located at 27 Charles Street as part of the Community Development & Services Division. Sincerely, 1c'7 Raymond T. Santilli Assistant Town Manager & Human Resources Director cc., Mark Rees, Town Manager Robert Nicetta, Building Commissioner Sullivan, Chairman, ZBA JJUL1 2003J[��iam WARD OF APPEALS June 12, 2003 Town of North Andover Mark Rees, Town Manager 120 Main Street North Andover, MA 01845 Subject: Citizen Complaint for Investigation Re: Materials Installations, Inc., 11 Bayfield Drive, North Andover, MA. Dear Mr. Rees: This letter serves as a formal complaint against Material Installations, Inc., regarding an ongoing nuisance due to shipping -related noise. Details My family and I use 66 Meadowood Road as our primary residence. This consists of my wife and two (2) children, ages 1 and 3 years old. The Town of North Andover classifies my property as `Residential -6.' 11 Bayfield Drive d/b/a Material Installations, Inc is classified as `Industrial -1.' Material Installations, Inc borders the backside of my house. The noise caused by Material Installations is a nuisance and unreasonably interferes with the comfort of my family and myself. This has made the backside of my house unsuitable for quiet enjoyment. The source of the nuisance is the shipping area activity to include: a) Shipping dock operations beginning at or before 6:00 a.m. Monday through Friday including Saturdays; b) Mechanical operation of trucks and related machinery (i.e., waste disposal); c) Extensive (pared ove .5 i notes) idling of trucks (overnight as well as durin shipping dock operations); g d) Nighttime activities (e.g., truck operations - truck fueling, truck idling, etc.); and e) Loud voices of workers. The noise is so common, that my family and I have routinely had our sleep interrupted during the night as well as during the morning hours. The truck noise includes the engine, the drivetrain, exhaust, tire/road contact, and braking. The trucks also cause vibration and infrasound (low frequency noise). Typically, the noise has a rapid start rate. This is caused by the abruptness of an approaching truck, the starting of the engine as well as truck movement and stopping (which cause increased accelerations). The shipping dock activity includes the routine use of trucks parked near the property line. For the most part, these trucks are unnecessarily left idling for extended periods. A typical example was last night and this morning. On Wednesday, June 11, 2003, at approximately 10:45 in the evening, a truck was. idling in the shipping area while it was fueling the other trucks. At approximately 6 o'clock the following morning, two trucks were C 5 I idling. One of the trucks idled in its parked position until almost 7 o'clock. moth inst;s, my family and I had our sleep interrupted. Jul_ 2 2 2003 BOARD OF APPEAL Based on the different times of operation, it feels as if Material Installations operates on a 24-hour basis. Furthermore, the noise and vibration is so great that my family and I are alerted to incoming traffic before the truck has even entered the shipping area. As stated earlier, 11 Bayfield Drive d/b/a Material Installations, Inc is classified by the town as `Industrial -1.' Regarding the type of business, article 2, paragraph 1 of the Articles of Organization for Material Installations states "to store, warehouse, transport and deliver all types and kinds of office furniture or related systems." Likewise, the Merrimack Valley Planning Commission (MVPC) indicates that the primary business of Material Installations is "Office Furniture and Equipment Installation (Whol)." Zoning by-laws, paragraph 13 of section 4.132 (Industrial 1 District) states that "warehousing and wholesaling shall be permitted only as a secondaru use." In addition, paragraph 15 states "parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be inhirzous noxious or offensive to the neighborhood." Note: The text of the North Andover zoning by-laws referenced in this letter is identical to the 1987 version. Paragraph 11 also of section 4.132 states: "Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, .packing, or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided such are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration light or other adverse environmental effect. " Note: Chapter 40A, Section 7 of the General Laws of Massachusetts states that "the inspector of buildings, building commissioner or local inspector ... shall be charged with the enforcement of the zoning ordinance or by-law." In the Commonwealth, noise is treated as an emission of sound, and is regulated as a source of air poll,,..non. cAeuoi, 7:11 of the Code of Massachusetts Regulations (CMR) states the following with regard to motor vehicles: "(b) No person shall cause, suffer, allow, or permit the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of flue minutes. " Note: Massachusetts Department of Environmental Protection (DEP) representative Ed Pawlowski (978-661-7630) informed me that DEP regulations are enforceable by the town under 310 CMR 7.52. As you are aware, the town of North Andover has earned a label of distinction. This is directly attributed to the effectiveness and responsible -nature of the town government. This includes our town's representative to the MVPC. The MVPC indicates that its primary mission is "to support the orderly growth of the region as a desirable place to live and work." I submit that .this mission has not been accomplished with regard to Material Installations and the community. I am a firm believer in first attempting to resolve disputes on a personal basis. On February 3, 2003, I met with T.J. Doherty, Operations Manager for Material Installations. Mr. Doherty informed me that he is aware of the truck noise and that truck drivers are notified in advance not to idle next to the bordering residential homes. Regarding hours of operation, Mr. Doherty stated that Material Installations received Board of Selectmen approval to begin at 6 in the morning. On March 3, 2003, I met with Mr. Doherty in hope of reaching a mutually beneficial solution to the noise nuisance. Mr. Doherty stated that he communicated my concerns from our February 3rd meeting to Michael Farrow, Treasurer of Material Installations. Mr. Doherty stated that it is the position of Material Installations to maintain a good relationship with its neighbors. As a solution, I suggested the installation of noise abatement windows on the area of my home affected by the noise. Mr. Doherty stated that he would arrange a meeting between Mr. Farrow and myself to discuss this issue. On March 19, 2003, having not heard from Material Installations, I sent a lettervia certified mail to Material Installations detailing the noise problem. As a mutually beneficial solution, I proposed that Material Installations share the costs related to the installation of noise abatement windows on the backside of my house. Note: The Acoustical Insulating Window System referenced in my letter is specifically designed to reduce unwanted noise affecting residential communities (i.e., aircraft, trains and automobiles). On March 26, 2003, I requested the assistance of Selectman Stewart in mediating the dispute. On April 7, 2003, Mr. Stewart informed me that he discussed the matter with Mr. Doherty. Mr. Stewart told me that Mr. Doherty said that Material Installations would not pay for the windows due to concerns that other neighbors would want a similar settlement. Note: There are approximately 3 other homes that border the shipping area of Material Installations. As you are aware, on April 10, 2003, I submitted a public records request for all documents related to Material Installations. On May 14, 2003, I received a packet containing records from the town. This included: a) North Andover Police records detailing noise complaints about Material Installations from at least early 1998. b) No records indicating that Material Installations received Board of Selectmen approval to operate at 6 in the morning. c) A Site Plan Review (August 3., 1987) recognizing concerns with regard to trucks, noise and activity at night. The plan indicates the use of "evergreens and fencing to be looked into for possible noise barriers." d) Conditional approval of the Special Permit by the PlanningBoard (August gust 31, 1987). Regarding noise concerns, proponents "admit that into the winter months a lack of foliage in the intervening woods may be cause for concern." e) Paragraph 5 of the conditional approval (September 2, 1987) indicates a landscape planthat includes a "row of planted arborvitae to the rear of the building." The plan also includes "a six (6) foot closed stockade fence be erected along the property line." The landscape along the property line consists of one (1) row of trees. Preliminary consultations with noise experts indicate that this landscape along with the fence is an unacceptable noise barrier. Research from the Washington State Department of Transportation. (WSDOT), Environmental and Special Services Section, indicates that it would take at least 100 feet o1 dense vegetation to provide the same acoustical benefit as a noise wall. Furthermore, the Federal Highway Administration (FHWA), Office of Environment and Planning Noise and Air Quality Branch does not consider the planting of vegetation to be a noise abatement measure. The planting of trees and shrubs provides only psychological benefits and may be provided for visual privacy, or aesthetic treatment not noise abatement. — On May 23, 2003, Building Commissioner Robert .Nicetta contacted me. Mr. Nicetta stated that he was notified of my concerns and that I should file a formal complaint with the town. On May 30, 2003, a letter was sent from Attorney Matthew Donahue to Material Installations via certified mail. The letter informed Material Installations that Mr. Donahue was representing me on this matter and restated the proposal originally made on March 19, 2003. To date, Material Installations had not responded to either correspondence. On June 10, 2002, Mr. Nicetta informed me that he visited Material Installations. Mr. Nicetta stated that Mr. Farrow informed him that truck activity starts at 7 in the morning and that truck operators are informed not to park in the rear. Mr. Nicetta also stated that Mr. Farrow told him that damaged evergreens would be replaced along the property line. As referenced in this letter, the trees provide no barrier to noise. The claims by Material Installations regarding its operations are not supported for reasons as outlined in this letter. Specifically, that a) Board of Selectmen approval was given to operate at 6 in the morning; b) that trucking activity starts at 7 in the morning and c) that trucks do not park in the rear of the building (adjacent to the residential property line). I have attached a spreadsheet indicating an extensive amount of nighttime and early morning activity associated with Material Installations It is not unreasonable to expect absolute quiet in a residential community during commonly accepted qui, et hoarser; As a homeowner, I am entitled rights to enjoy the full use of my property without unreasonable interference. I have been very patient in trying to resolve this matter. My attempts thus far have not been successful. I am respectfully requesting the assistance of the town. I am available to attend any meetings and/or provide further information. Should you require additional information, please contact me at the above address or via telephone at 978-683-3414 (home) or 617-557-1235 (work). Thank -you for your time and assistance with this important matter. Sincerely, Konstantinos "Dino' Balos Attachments cc: North Andover Meadowood Road .Residents Attorney Matthew C. Donahue TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Mark H. Rees 3r e``.' `�'° o� Telephone (978) 688-9510 Town ,Manager ° p FAX (978) 688-9556 MEMO TO: D. Robert Nicetta, Building Commissioner Michel Glennon, Board of Appeals Julie Parrino, Conservation Administrator Justin Woods, Town Planner Sandra Starr, Health Administrator Donna Mae D'Agata, Adm. Asst., CD&S Richard Stanley, Police Chief William Hmurciak, Director, Public Works Joyce Bradshaw, Town Clerk FROM: Karen A. Robertson, Administrative Assistant DATE: April 14, 2003 RE: Request for Information Enclosed please find a Public Records Request from K. Dino Balos, 66 Meadowood Road, North Andover. Please provide this office with copies of the information requested in the attached correspondence pertaining to your office. We would appreciate receiving this information at your earliest convenience. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me. Cc: Mark Rees, Town Manager RECEIVED BUILDING DEPT. N° 17 -1 8 Date...-..,/.L�.:..�i..... TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that -.s " ' ` ........................................................................................... has permission to perform .:....:. ........ ............................................. ......: wiring in the building of y � � �`�'� - `..:..:.: t � •-`� at .............. . North Andover, Mass. Fee4W... Lic. Nd.-'�.!T . �......... ELECTRICAL INSPECTOR v 06/15/99 14:40 40.00 PAID WHITE: Applicant CANARY: Building Dept. PINK: Treasurer =C0W0NWE4LTH0FM4,.Maff3EM Office Use only DEPARTMFVTOFPUBLIC,'IE Permit No. ol�i BOARD 0FF7REPREYEM0NREGM770NS527CMR1200 / Occupancy & Fees Checked b " APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK ALL WORK TO BE PERFORMED IN ACCORDANCE WITH THE MASSACHUSSTS ELECTRICAL CODE, 527 CMR 12:00 / / (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date t� Town of North Andover The undersigned applies for a permit to perform the electrical work described below. Location (Street b Own r or Tenant Owner's Address Is this permit in conjunction with a bui ding permit: , Yes m No a (Check Appropriate Box) To the Inspector of Wires: Purpose of Building Utility Authorization No. Existing Service Amps / Volts Overhead Q Underground F-1 No. of Meters New Service Amps / Volts Overhead Underground No. of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work Ch *=y/'Y(% �` {e• f No. of Lighting Outlets No. of Hot Tubs No. of Transformers Total KVA No. of Lighting Fixtures Swimming Pool Above Below Generators KVA ground El ground No. of Receptacle Outlets No. of Oil Burners No. of Emergency Lighting Battery Units No. of Switch Outlets No. of Gas Burners FIRE ALARMS No. of Zones No. of Ranges No. of Air Cond. Total Tons No. of Detection and No. of Disposals No. of Heat Total Total Pum s Tons KW Initiating Devices No. of Sounding Devices No. of Dishwashers Space Area Heating KW No. of Self Contained Detection/Sounding Devices Local Municipal Other No. of Dryers Heating Devices KW ED Connections a No. of Water Heaters KW No. of No. of Sign Bailasis No. Hyd.o Massage Tubs No. of Motors Total HP • :• ur.\ . t\ • •r r • t itr 'J. • • • :• :• w VIA WodctDStatt 'v -�' Y hq)ec amDak�RaWested Sigred tads to Pualties dpajtsy: FIRM NAME (-9- / Esdm VahredDedrral Work $ Rough Final andthatmysigrramonnaspeamWpiiradm tinsm*z'ayrt (Please check one) Owner L= Agent L wNla IV .t :a • i � _ AiTdNa m#ed byMxo3xs= 6araai Lam Telephone No. PERMIT FEE $ '9�0 April 10, 2003 66 Meadowood F oad North Andover, AZA 01845-5927 TOWN MANAGER'S OFFICE MARK REES, TOWN MANAGER 120 MAIN STREET NORTH ANDOVER MA via fax: 978-688-9556 Subject: Citizen Public Records Request Re: Material Installations Inc., 11 Bayfield Drive, North Andwe.r To Whom It May Concern: Pursuant to the Massachusetts Public Records Law, this letter t;erves as a request for the following: Any and all information related to hours of operation, an-/ and all town permits and licenses, business operating plans, building forms, zoning plans, any to-wri authorized exceptions, citizen and/or to-na complaints, any and all citations, waste disposal permits/ licenses, nc,i;oe, vibrations, nuisance, aLnd minutes of town meetings related to the al orementioned items for Material Installations located in the North Andover Industrial Park 1 1 Bayfield Drive accessible via Willow Street off Ro -ite 114. This includes: the building department, police departme zi: records, zoning permits, Board of Health records, Public Works records, Planning Department records, Community Development records, Conversation Commission records, Town Clerk records, and Zoning Board of Appeals records. 1 can be contacted at the above address or via telephone at 978- 683-34 14 (home) or 617-557-1235 (work. Thank -you for your tune and assistance. Sincerely, K. Dino Balos RECEIVED >003 BUILDING DEPT. 3 �I U J Date .. f� . > , i......... . cf 40 oT e TOWN OF NORTH ANDOVER PERMIT FOR GAS INSTALLATIC& f This certifies that . .,.. . �`� �!. f...........'........... . . has permission for gas installation ... ......` % �.:..^...... in the buildings of ,�� �-� , . at . /.. --�!r"�•. ..., North Andover, Ams. f� Fee.?' ` . �Lic. Not��9A�� .. . {: ,.�.�...:'t����a� ..... GAS INSPECTOF - WHITE: Applicant CANARY: Building Dept. PINK: Treasurer RN MASSACHUSETTS UNIFORM APPUCATON FOR PERMIT TO DO GAS FITTING or print) PIVKTH ANDOVER, MASSACHUSETTS Building Locations C S4i/Clr4o /4�)'T t�I?/ 4 - /*,t7`/�-L�/tT�ot,1 Ik G Owner's Name Date �� i 1977 NewF1Renovation ❑ Replacement � Plans Submitted ❑ Permit # l � (G Amount S �� 6 (Print or type)_ Check one: Certificate Installing Company Name J %�,�—,F.I ��` . ❑ Corp. Address /0?, 9,j k, ❑ Partner. /71il-yA;_ If 4- /1,0-4r �r,01PW-04-U Business Telephone q% P 2) y_ v y ,� Y Elrirm/Co. Name of Licensed Plumber or Gas Fitter .f r,,' Iyev INSURANCE COVERAGE Check one: I have a current liability Insurance policy or it's substantial equivalent. Yes ❑/ Nom If you have checked ves, please indicate the type coverage by checking the appropriate box. Liability insurance policy [E31 Other type of indemnity ❑ Bond ❑ Owner's Insurance Waiver: I am 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: Signature of Owner or Owner's AgentOwner ❑ 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 installations performed under Permit Issued for this application will be in compliance with all pertinent provisions of the Massachusetts ate Gas f ode and Chapter 142 of the General Laws. By: Title City/Town APPROVED (OFFICE USE ONLY) Pignaturfe of Licensed Plumber Or Gas Fitter lumber . f1;,A--? � ❑License Gas FitterNumber M --master ❑ Journeyman n U .r -t r z F U L Z U zzi •�• :zl Grr] Ci�^ i L- � Z � C � L - 5 C U C c SUB-BASENI ENT BASEM ENT ST. F L O O R 2ND. FLOOR 3 R D. F L O O R 4T H F L O O R 5 T H. F L O O R 6T It . F L O O R 7T If . F L 00 R 8'r H. F L O O R (Print or type)_ Check one: Certificate Installing Company Name J %�,�—,F.I ��` . ❑ Corp. Address /0?, 9,j k, ❑ Partner. /71il-yA;_ If 4- /1,0-4r �r,01PW-04-U Business Telephone q% P 2) y_ v y ,� Y Elrirm/Co. Name of Licensed Plumber or Gas Fitter .f r,,' Iyev INSURANCE COVERAGE Check one: I have a current liability Insurance policy or it's substantial equivalent. Yes ❑/ Nom If you have checked ves, please indicate the type coverage by checking the appropriate box. Liability insurance policy [E31 Other type of indemnity ❑ Bond ❑ Owner's Insurance Waiver: I am 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: Signature of Owner or Owner's AgentOwner ❑ 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 installations performed under Permit Issued for this application will be in compliance with all pertinent provisions of the Massachusetts ate Gas f ode and Chapter 142 of the General Laws. By: Title City/Town APPROVED (OFFICE USE ONLY) Pignaturfe of Licensed Plumber Or Gas Fitter lumber . f1;,A--? � ❑License Gas FitterNumber M --master ❑ Journeyman Date ..................... TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that ..... !.J.V0T/.. k.l..... c 7 -ho, 7" S /7(.a't4_.S has permission to perform ............ ............... wiring in the building of ........,%�!�,?/���E..I .1.?1,,,,,,,,, at ........ �. �.....l. AV A.%14. 4..t .....1.4b ................... .North Andover, Mass. n Fee ... �z .�* . Lic. No. �7�..r�? 4.................�'�SP�. ELE I 7 Check # 41J�!4 V/ 8251 a Cr s Y "— Clrnmontuea& of MaMachtietb Department o f 3ire Jeruicee 'i BOARD OF FIRE PREVENTION REGULATIONS Official Use Only Permit No. O Z Occupancy and Fee Checked [Rev. 1/071 (leave blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK? All work to be performed in accordance with the Massachusetts Electrical Cod 5 7 A 12.00 fPLE,TSL- PRINT 1_\' Lb7C OR Y E LL LV' O _IALATl A9 Date: Citi -or Town of: / 7� � � L(r�c To the Inspe for of flim: / 13,, :his apl..)lication the undersigned give: nce o s or her intention to perform the electrical work.described below. Location (Street cC Number) l '� Owner or Tenant ' Telephone No.6 (Y' ONN ner's Address Is this permit in conjunction with a building permit? Yes ❑ No ❑ (Check Appropriate Bos) Purpose of Building, Utility Authorization No. Lxistin„ Service amps / Volts Overhead ❑ Undgrd ❑ New Service Amps / Volts Overhead ❑ Undgrd ❑ "umber of Feeders and Ampacity Location and Nature of Proposed Electrical Work: No. of Meters No. of Meters f mm�lotinn nftbo fnllnwino tnhlc »gym; ha vinivvd by tho lncnarinr of Wires. No. of Recessed Luminaires No. of Ceil.-Susp. (Paddle) Fans No. of Total Transformers KVA No. of Luminaire Outlets No. of Hot Tubs Generators RVA No. of Luminaires / g Pool Swimming Above In- grnd. 0 grnd. El No. of Emergency Lighting Battery Units No. of Receptacle Outlets No. of Oil Burners FIRE ALARIMS No. of Zones No. of Sv* itches No. of Gas Burners o. of Detection an 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 I)ish,*.ashers S ace/Area Heating KW p' g Local Municipal ❑ Other Connection No. of Driers Heating Appliances KW Security Systems:* No. of Devices or Equivalent No. of WaterKWNo. Heaters of No. of Signs Ballasts Data Wiring: No. of Devices or Equivalent No. HNdromassa a Bathtubs g No. of Motors Total HP Telecommunications Wiring: No. of Devices or E Equivalent OTHER: Attach additional detail ij desired. or as required by the Inspector of wires. Estimated \- ahue o'Ele is 1 %orke(When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSL R XNCE C 'E AGE: Unless waived by the owner, no pen -nit for the performance of electrical work may issue unless iic licensee provides proof of liabilith insurance including "completed operation" coverage or its substantial equivalent. The underStgned certifies that such coverage is in force, and has exhibited proof of same to the pennit issuing office. CNECh ONE: INSURANCE ❑ BOND ❑ OTHER ❑ (Specify:) I certijj•, under the pains and penalties ofpetjury, that the information on this application is true and complete. FIRM NAME:LIC. NO.: 'l Licensee: 011 Q e- c Signature IC. NO.: � 71� (Ifopplicable, enier "cxem t' fir the lice ,se nambe •�li{re. Bus. Tel. No.. - Address:, , -,J. l L41l Alt. Tel. No. C `Per \J.&L. c. 14-1. s. 57-61. security work requires Depa vent ofPublic Safety "S" License: Lic. No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does trot have the liability insurance coverage nornially required b_, la %. By my signature below. I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent. 01% ner. Agent Signarurc _ __ Telephone No. PERVIT FEE: lfi Date. ? _ u . ).— - - - . 0 x TOWN OF NORTH ANDOVER s s PERMIT FOR GAS INSTALLATION h �,SSACMUSEt'( This certifies that.. t�`? .<. �^. ..'...... . has permission for gas installation .. �.... ►� .^ `. J? .. . in the buildings of . , �. .<. �''.� .. ./ /r . �. �.............. . at ... L/ G 3).q. Y Fi / 11, , , . , , , North Andover, Mass. �(G FLic. No. .. ...!....... 9G�ZPEJOR Check # ) D %,' 6555 r� 0 MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO GASFITTING (Print or Type) ,Mass_ Date 204- Permit # Building Location 4U ItQlf� Owner's Name Owner Ted# Type of Occupancy f o, �vt NIGH. >• _l�-i New ❑ Renovation ❑ Replacement Plan Submitted: Yes ❑ No ❑ RES JA,�7l Check one: ❑ Corporation ❑ Partnership Business Telephone # J `7 " ��%C��� Firm/Co. Name of Licensed Plumber or Gas Filter INSURANCE COVERAGE 1 have Yes lmbilii i prance policy or its substantial equivalent which meets the requirements of MGL Ch. 142. If you have Yes, plasse^indicate the type coverage by checking the appropriate box A liability insurance policvlo eaOther type of indemnity ❑ Bond o Certificate OWNER'S INSURANCE WAIVER: I am aware that Bre licensee does not have the insurance coverage required by Chapter 142 of the Mass. General Laws, and that my signature on ibis permit application waives this requirement Check one: Signature of Owner or Owners Agent Owner ❑ Agent a cuy vl uic vca a,iv 111millfauvii i flava afmrrnu u tui antereuj in aoove appitcauon are vue and accurate to the best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be in pertinent Provisions of the Massachusetts State Gas Code and Chapter 142 of the General Laws. pp compliance with an By Type of Uoense: P14A 0 A - -Plumber Signature of Licensed Plumber or Gas Fitter Tide - Gas fitter / (�,p� A- / -Master License Number 51 9Q City/rowr - Journeyman APPROVED (OFFICE USE ONLY) Date.. �f'..v .g NORTH0. TOWN OF NORTH M DOVER O�A PERMIT FOR PLUMBING 9 + This certifies that as,me has permission to perform .... .... s .......................... plumbing in the buildings of . e.. ...elcl P.' "' ................... at . /W . Uh!? ?'''" . 7.''.. ............ . North Andover, Mass. Feed Lic. No.'?`' PLUMBING INSPECTOR Check # 7799 MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING (Type or print) NORTH ANDOVER, MASSACHUSETTS Building Location (� I�q (�iP ` Owners Name Tyne of Occupanc Renovation M Replacement M FIXTURES Date -213110 r- Cv f e k� Permit # I Amount !PP�n IFS Plans Submitted YesNo (Print or type) Check one: Certificate 'd Installing Company Name E f Corp Address 4— l / ey sf Partner. Business 1 elephone 7 '�r- o (7 L F1 Firm/Co. Name of Licensed Plumber: iq r7drcu vbP Insurance Coverage: Indicate e type of insurance coverage by checking the appropriate box: Liability insurance policy /P Other type of indemnity ❑ Bond ❑ 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 IOwner ❑ 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 installations performed under Permit Issued for this application will be in compliance with all pertinent provisions of the Massachus tts State Pl bing Code and Chapter 142 of the General Laws. By: e Signaban O, 1-- n sell rjumt)er Title Type of Plumbing License Ti Title jzL 1� ZCD 9 s X, cense NumDer Master Journeyman ❑ APPROVED (OFFICE USE ONLY UNITED STATES POSTAL SERVE \h^ E _ First -Class Mail K Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print youcj6;�me, address, and ZIP+4 in this box • Town of No. Andover Building Dept. 27 Charles St. No. Andover, MA. 01845 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Konstantinos Balos 66 Meadowood Road North Andover MA 01845 A. ❑ Agent B. Recei (Printed Name) I C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number `j (Transfer from service label) 7002 0 510 0000 0894 3285 PS Form 3811, August 2001 1. hmAtjc �?VRReG4i� Ili - DATE TIME AM 8/a9 PM TO o b P . FROM - - -�/ PHONE (P/�e CELL ( 9 -3 6 6 G// � 0 OF FAX ( ) 62 Sa O .N. - I E E i �'i a CA cls rA /`GSI POD • _ s M- E'AG-- - -- M G1 E Q E-MAILADDRESS SIGNED- PHONED [:]gACK ❑ ICRE -ALL TURNED u 'WANTS YOU CALL _ AGAIN ALL WAS IN URGENT a TO DAT TIM 7j �AM ; Zd PM P FROM PHONE( ) ` f H !t CELL•(_ ) '� OF ✓ FAX ( e) Z `2_ �M--- EG c- M - - - - - - - -- — YSIGNA4, 01 E-MAILADDRESS PHONED CALL �� RETURNED rWANTS TO WILL CALL ❑ WAS I 1�GENT ❑ ❑ BACK I_ ,CALL ❑ ;SEE YOU ❑ ! AGAIN vn �N Town of North Andover Office of the Building Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01.845 D. Robert Nicetta Building Commissioner August 25, 2003 Mr. Konstantinos `Dino" Balos 66 Meadowood Road North Andover, MA 01845 RE: Zoning Complaint Materials Installations, Inc. 11 Bayfield Drive Telephone (978) 688-9545 Fax (978) 688-9542 I am of the following opinion after investigating your complaint against the above referenced business: • The Planning Board Special Permit of August 31, 1987 did not place a definite time bf operation for Materials Installations, Inc. in the Conditional Approval of the Site Plan Review. • In 1987 and presently the North Andover Zoning By-law does not address hours of operation. • The Planning Board Decision of 1987 does not place any restriction on the type of business Materials Installations, Inc. conducts at the Industrial -1 site. In fact the August 31' decision gave the business permission "to expand the assembly and live storage areas in an existing building by 18,200 square feet". • In 1987 and presently the North Andover Zoning By-law does not address "noise levels" in any Zoning district. • On site investigation reveals that the "row of planted arborvitae to the rear of the building and the six (6) foot closed stockade fence erected along the property line' are in place as required in Paragraph 5 of the Conditional Approval. The Building Commissioner / Zoning Enforcement Officer is of the opinion that Materials Installations, Inc. is in compliance with the approved Planning Board Special Permit of August 31, 1987, time stamped by the North Andover Town Clerk on September 03, 1987. Pursuant to Section 10.4 of the North Andover Zoning By-law this decision maybe grieved within thirty (30) days before the North Andover Zoning Board of Appeals. Yours truly, D.Robert Nicetta Building Commissioner / Zoning Enforcement Officer CC: Heidi Griffin, Director CD&S Mark H Rees, Town Manager Raymond J. Santil i, Assistant Town Manager Thomas J Urbelis, Town Counsel William Sullivan, Chairman ZBA BOARD OF APPEALS 688-9541. BUILDING 688-9.545 CONSERVATION 688-9530. HEALTH 688-9540 PLANNING 688-9535 August 6, 2003 66 Meadowood Road North Andover, MA 01845-5927 Town of North Andover Robert Nicetta, Building Commissioner 120 Main Street North Andover, MA 01845 Subject: Citizen Complaint for Investigation - Zoning Re: Materials Installations, Inc., 11 Bayfield Drive, North Andover, MA. Dear Mr. Nicetta: As a follow-up to our July 23rd (2003) meeting, this letter serves as a formal request to enforce the zoning by-laws with regard to Material Installations, Inc. Noise Details The noise caused by Material Installations is a nuisance and unreasonably interferes with the comfort of my family and myself. This has made the backside of my house unsuitable for quiet enjoyment. The source of the nuisance is shipping related activity. This includes the. operating of trucks, the loading of trucks/ commercial containers, the operation of machinery and loud voices of workers. The truck noise includes the engine, the drive -train, exhaust, tire/road contact, and braking. The trucks also cause vibration and infrasound (low frequency noise). Typically, the noise has a rapid start rate. This is caused by the abruptness of an approaching truck, the starting of the engine as well as truck movement and stopping (which cause increased accelerations). The noise and vibration is so great that my family and I are alerted to incoming traffic before the truck has entered the shipping area. Zoning As you are aware, zoning allows local government to regulate what uses may be made of a parcel of land. The intent is to protect adjoining property owners from incompatible uses and to increase the likelihood that a community grows in a way that enhances overall quality of life. • The Town of North Andover classifies the properties on Meadowood Road as "Residential -6." Source: Town of North Andover records. • 11 Bayfield Drive d/b/a Material Installations is classified as "Industrial -1." Source: Town of North Andover records. The Articles of Organization [for Material Installations, Inc] states the following with regard to its business: "to store, warehouse, transport andRECG' IL BM Vix and kinds of office furniture or related systems." Source: Commonwealth of Massachusetts records. AUG 7 2003 BUILDING DEPT. • The Merrimack Valley Planning Commission (MVPC) indicates that the primary business of Material Installations is "Office Furniture and Equipment Installation ( Whop " Source: MVPC. • Zoning by-laws, paragraph 13 of section 4.132 (Industrial 1 District) states that "warehousing and wholesaling shall be permitted only as a secondary use." • Zoning by-laws, paragraph 15 states "parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be injurious, noxious or offensive to the neighborhood." Note: The text of the North Andover zoning by-laws referenced in this letter is identical to the 1987 version. As you are aware, chapter 40A, section 7 of the General Laws of Massachusetts states that "the inspector of buildings, building commissioner or local inspector ., .. shall be charged with the enforcement of the zoning ordinance or by-law." Noise Barrier Town records indicate the following: a) A Site Plan Review (August 3, 1987) recognizes concerns with regard to trucks, noise and activity at night. The plan indicates the use of "evergreens and fencing to be looked into for possible noise barriers." b) Conditional approval of the Special Permit (August 31, 1987) by the Planning Board. Regarding noise concerns, proponents "admit that into the winter months a lack of foliage in the intervening woods may be cause for concern." c) Paragraph 5 of the conditional approval (September 2, 1987) indicates a landscape plan that includes a "row of planted arborvitae to the rear of the building." The plan also includes "a six (6) foot closed stockade fence be erected along the property line." Currently, the landscape along the property line consists of one (1) row of trees. Noise experts have informed me that this landscape along with the fence is an unacceptable noise barrier in that it only provides psychological relief and does not physically lessen noise levels. Research from the Washington State Department of Transportation (WSDOT), Environmental and Special Services Section, indicates that it would take at least 100 feet of dense vegetation to provide the same acoustical benefit as a noise wall. Furthermore, the Federal Highway Administration (FHWA), Office of Environment and Planning Noise and Air Quality Branch does not consider the planting of vegetation as a noise abatement measure. Specifically, "the planting of trees and shrubs provides only psychological benefits and may be provided for visual, privacy, or aesthetic treatment, not noise abatement" It is not unreasonable to expect absolute quiet in a residential community. As a homeowner, I am entitled the right to enjoy the full use of my property without unreasonable interference. There is a duty to protect citizenry from disruption of the peaceful enjoyment of their residences. In Ferriter v. Herlihy (287 Mass. 138), the Massachusetts Supreme Court stated that "the sanction that the Legislature gives by authorizing local officials to issue a license to conduct a certain business on specified premises is subject not only to the limitation that the business must be carried on without negligence, but to the further qualification that it must be conducted without unnecessary disturbance of the rights of others." It is respectfully requested that you enforce the North Andover zoning by-laws as authorized by the Massachusetts General Laws. I am available to attend any meetings and/or provide further information. Should you require additional information, please contact me at the above address or via telephone at 978-683-3414 (home) or 617-557-1235 (work). Thank -you for your time and attention to this important matter. Sincerel , Konstantinos "Dino' Balos Attachments cc: Town Manager Assistant Town Manager Board of Selectmen North Andover Meadowood Road Residents Attorney Matthew C. Donahue ncr is roved I U D' I NIM t" DA RU -3 (Rcv 3•7101 1&'19. 15212M U,17minamr." 1W4 lit malisar4mortt.0 MICHAEL JOSEPH CONNOLr Y Secretary of State ONE ASHBURTON PLACE, BOSTON, MASS. 02108 ARTICLES OF ORGANIZATION (Under G.L. Cly. 156B) Incorporators NAME POST OFFICE ADDRESS include given name in full in cnse of nalural persons; in case of n corporation, give state of lncnr•poralion. Robert_ A, tinerdine, Esq. One Union ,..t Boston, _i_`. 02;.08 The above-named incornorator(s) do hereby associate (themselves) with the intention of forming a corporation under the Provisions ol'General Laws. Chapter 1566 and hereby state(s): I. The name by which the corporation shall be known is: Material Installations, au, .2. l i c purpose for which the corporation is formed is as follows: 1. To store, warehouse, transport and deliver all types and kinds of office furniture or related systems. (See Continuation Sheet 2A) Note: tf the space provided under any article or 11cm on this form is Imulllocnt. adtlitl+m. ,hali ht: art ti+rth nn %trinratc R i 2 It I I ghec+i td paper leaving so left hand margin of at least I itch for hinding. Adth(l +n, tit more than tmv nrncle ntaN tx t +mUt+ua1 ton tt tingle sheet aro hong au each article requi.Ing each .such addltitm is clearly 1mh%: t4,& I ca6k- 1 V 1 1 Parcel 25 - Address Bayfield Dr. North Andover, MA 01845 State Code 210 Industrial Site 2 No. Industrial Park North Andover Business Park Current Use Acreage 4.4 Building Sq. Ft. 42459 Company Material Installations Co. Name SIC Code `_;x`,21-22 Primary Office Furniture and Equipment Business Installation (Whol) Employment 100-249 Range Sales $20-50million Owner Bud Realty Trust Gas Essex County Gas Electricity Massachusetts Electric Sewer Service Public Water Service Public Highway Access Directly off of Route 114 Distance to Approximately 3.5 miles from Exit Interstate 42 off of 1-495 Public Transportation No Service Zoning Industrial I 2 0 1,541 PLANNING BOARD MEETING AUGUST 3, 1987 The Planning Board held a regular meeting on Monday evening August 3, 1987 at approximately 8:08 p.m. in the Library/Conference Room of the Town Hall. The following members were present and voting: Erich Nitzsche, Chairman; John Simons, Clerk; Paul Hedstrom; George Perna. John Burke was absent. PUBLIC HEARING ,,,.,PUBLIC nstallation: Site'Plan-Review John Simons read the Legal Notice to open the public hearing. Leiters were received and read from the Fire Department, Board of Health and two (2) frr::n the Conservati:)r, COMMission. Jim Bourgeois representing Channel Building, Material Installation and 114 Associates presented the proposed plans. existing building, drive, and parking presently constructed to expand live storage area from 26,700 sq. ft. to 45,000 sq. ft. cul-de-sac to be finished as shown on plans easement for utilities only The Planning Board had the following concerns: W ci_gatioil of water runoff Buffer zone to be taken care of Lc��ie lime to he ideat:ifie6 at the back of building Roof drains to be calculated into storm drains" The Board recognized Joan Redman of Andover`Bypass, an abutter•with ' the following concerns: activity at night trucks noise lights The lighting is to be addressed. Also evergreens and fencing to be looked into for possible noise barriers. MOTION: By John Simons to continue the Public Hearing until August 17, 1987. SECOND: George Perna VOTE: Unanimous Approval Not Required Plans Form A 1. Rea Street - Maureen Joyce Applicant- -withdrew-without prejudice MOTION: By John Simons to accept the applicant's wishes to withdraw without ut SECOND: Paul Hedstrom VOTE: Unanimous NOTE: Planning Board concerned that the plan shows a subdivision Page 2: MOTION: By John Simons to close the ublir �p SECOND: �I o acing. George Perna 3 v �'3 j�:- VOTE: Unanimous SEP On August 31, 1987 the Planning Board held a regular meeting and voted to approve the Special Permit application by Channel Building to construct an 18,300 square foot addition to the existing building located on Bayfield Drive at the intersection Of Willow Street. Three issues of concern were discussed at the Public Hearing that should be addressed in this Conditional Approval are as follows: 1. The unfinishe Cu -1 -de -Sac at the end of Bayfield Drive does not allow -,, adequate fire protection and access - egress for the existing building. It was discussed that the Cul -de -Sac was not finished by the developer of North Andover Business Park prior to this date because of a pending application to the Commonwealth of Massachusetts to create an entry onto Route 125. The Planning Board is in receipt of a letter from the Division of Public Works dated November 14, 1986 denying the request for emergency access onto Route 125 and is concerned that no work has taken place on .A).ff . --ld Drive thru 1987. COncccri ]-=y abuttors. to the North of Material Installation property of truck noise and lights during the night. Proponents for the project stated that the newest dwellings are 200 feet and 400 feet respectively from the building, but admit that into the winter months, a lack of foliage in the intervening woods may be cause for concern and have suggested that truck traffic be directed onto the locus by way of the Willow Street entrances thereby minimizing headlights being directed to the North by the present access from Bayfield Drive. 3. There was a concern by the Planning Board of the increased rate of runoff being produced within the North Andover Business Park by the inclusion of additional impervious pavement and building additions. The applicants Engineer, Mr. Tom Neve, has submitted drainage calculations stating the peak runoff has been decreased from the locus due to the fact that percentage of impervious area on the lot has been reduced from the overall Master plan of the Park and that the lot size has been reduced. Notwithstanding these factors, the Planning - Board -recognizes ---that if -this lot size has been reduced, another lot. in the Park must have been increased, and that Mr. Neve nor the Planning Board has an accurate accounting of the present impervious area versus the original Master Plan impervious area of the Business Park overall. Therec. fore -the_Plannin -Board renders this Conditional Approval 9 the co struc:tion:-of the proposed buil 4---addifians-=:for ter Memorandum To: Karen A. Robertson, Administrative Assistant From: Michel Glennon, Board of Appeals Date: April 14, 2003 Re: Request for Information There was no Zoning Board of Appeals file for 11 Bayfield Drive at 27 Charles Street. CC: Mark Rees, Town Manager D. Robert Nicetta, Building Commissioner ZBA file Mark H. Rees Town Manager TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 MEMO TO: D. Robert Nicetta, Building Commissioner Michel Glennon, Board of Appeals Julie Parrino, Conservation Administrator Justin Woods, Town Planner Sandra Starr, Health Administrator Donna Mae D'Agata, Adm. Asst., CD&S Richard Stanley, Police Chief William Hmurciak, Director, Public Works Joyce Bradshaw, Town Clerk FROM: Karen A. Robertson, Administrative Assistant DATE: April 14, 2063 RE: Request for Information Telephone (978) 688-9510 FAX (978) 688-9556 Enclosed please find 'a Public Records Request from K. Dino Balos, 66 Meadowood Road, North Andover. Please provide this office with copies of the information requested in the attached correspondence pertaining to your office. We would appreciate receiving this information at your earliest convenience. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me. Cc: Mark Rees, Town Manager April 10, 2003 66 Meadowood ]toad North Andover, MA 01845-5927 TOWN MANAGER'S OFFICE MARK REES, TOWN MANAGER 120 MAIN STREET NORTH ANDOVER MA via fax 978-688-9556 Subject: Citizen Public Records Request Re: Material Installations Inc., 11 Bayfield Drive, North Andover To Whom It May Concern: Pursuant to the Massachusetts Public Records Law, this letter :serves as a request for the following: Any and all information related to hours of operation, an -i and all town permits and licenses, business operating plans, building forms, zoning plans, any town -authorized exceptions, citizen and/or to,aYi complaints, any and all citations, waste disposal permits/ licenses, noise, vibrations, nuisance, and minutes of town meetings related to the of orementioned items for Material Installations located in the North Andover Industrial Park 11 Bayfield Drive accessible via Willow Street off Ro ate 114. This includes: the building department, police departme at records, zoning permits, Board of Health records, Public Works records, Planning Department records, Community Development records, Conversation Commission records, Town Clerk records, and Zonink Board of Appeals records. I can be contacted at the above address or via telephone at 978.683-341.4 (home) or 617-557-1235 (work). Thank-you.for your time and assistance. Sincerely, K. Dino Balos TOWN N OIt'I'][ AN T) O V ER Al A S S AC It U S I,1''I' S Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. NOTICE OF DECISION RECEIVED DANIEL LO` v TO+!1t CL.Fi"Y, NOR11i 1, `iL)OSER MAY 11 12 16 P4 '88 988 I)ato... M3)... 17 '..1 .................. Uutc of hearing May 12:.1988 Petitionof ... Cb.................................. ........ Premises affect d . , , �� ,$gyfield, plr�yp, .. ,I�terial Installation .. ... Referring to the above petition for special permit from the requirernents of the , , , , North. Andover Zoning. Bylaw:. Section ,8.3, . _ .. _ _ . • . - So as to permit , , , , , the .construction- of, an,addition to- an. existing .bui.l.ding. 19,200 square feet .............................................. After a public hearing givcn on the above date, the Planning Board voted to ,ACCEPT ..... , , . , tile . , WITHDRAWAI, WITHOUT. PREJUDICE . _ . _ . _ . , .. ' .. . cc: Director of Public Works based upon the following conditions Sit nod Payl A., He j.S :.P0'a George Pernar.Vice-Chairman John Simons, Clerk ....................... Erich Nitzsche z -d OB�EL8BBL6 OWI OOSSd 3A3W SUWOHi eSZ:T1 EO LT .add Board of Public Works Highway Surveyor p G=H Tree Warden VBoard of Health Building Inspector t"D FH Conservation Commission E Assessors C= Police Chief w G --R Fire Chief Applicant Engineer"/ File Interested Parties based upon the following conditions Sit nod Payl A., He j.S :.P0'a George Pernar.Vice-Chairman John Simons, Clerk ....................... Erich Nitzsche z -d OB�EL8BBL6 OWI OOSSd 3A3W SUWOHi eSZ:T1 EO LT .add 11 Bay6 i.etd DAive Req-uuted addition to ex,%6 y ..b d cn WITHDRAWAL WITHOUT PREJUDICE 'lclV1 5 300rd dec/IS if &" OW'N.;07� NC�RTIi ANI)OvI:R ISSACItUSLTTS SEP �� D far9 '87 Of � Any Oppeal shall be fa d o A Must NOTICE OF DECISION q_ - within within (20) days after the date of filing of this Notice in the Office of th-e Town Clerk. .• Date. Saptembax .2, . J.9.$Z ... .. Date of Ilearing .August .31,-1.987 Petition of ...Channel Building .. ............. Premises affected ••.•11• Bayfield Drive ..Industrial . .1 (I. .. 1) Zoning Distri Referring to the above petition for a special permit from the requirements of the .. North •Andover Zoning. Bylaw,. Section ,-8 ,' . Para. 3.. so as to permit _ , to . ex+pand, the .assembly, and , live .storage areas in an .. .. ... .... ... .. . ..... ............. n existing, building by. 18 :200. square. feet. .. ............. After z public hearing,, given on the above date, the Planning Board voted Conditionally , to ..APProve...... the ...Site, Plan. Review ................................... based upon the following conditions: Signed Erich, W., .Nitzsche , C Y}airman John Simons,Clerk .. .... • .. ... George. Perna... ... ....... . ,Paul. Hedsro Burk �I lnnn�4r� µT3c> ►rr# P µonTH F6 F -S _ 1,0WI of ,FALS -r NOR�'H .l�riJDOVER _DINU ;''�:'s::: ' 9 ISF_f3VAIIUN ,S@"CNUG �{�I)IV ISIUNf11•i� I: I'1 -I it f►!% VNING PLANNING & CO 3 MFNITYIMEVELOPMENT 1r, 4 t, KA(ZEH.P. NELSON, DIRECTOR Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 Dear Mr. Long: The North the application Andover, MA. on Meeting Room. Citizen on July present and vot Clerk; George P 120 Mein street North Andover. massac hu5etts ((;1 7) 685--4775 September 2, 198; Re: Material Installa 11 Bayfield Drive North Andover, MA Site Plan Review through Special Pe Andover Planning Board held a public hearing upon of Channel Building Company, 23 Main Street, Monday evening, August 3, 1987 in the Town Office The hearing was advertised in the North Andover 16 and July 23, 1987. The following members were ing: Erich W. Nitzsche, Chairman; John L. Simons, erna 'and Paul Hedstrom. John J. Burke 'was absent. The petitioner seeks a Special. Permit under Section 8 paragraph 3; Site Plan Review. The purpose of the Site Plan Special Permit is to review the proposal to expand the assembly and live storage areas of the existing facility by approximately 18,200 square feet of land on the North side of Bayfield Drive known as 11 Bayfiled Drive in an Industrial -1 (I-1) Zoning District. John Simons read the legal notice to open the -public hearing. Letters were received and read from.the Fire Department, Board of Health and two (2) letters from the Conservation Commission. Jim Bourgeois representing Channel Building, Material Installati and 114 Associates presented the proposed plans. MOTION: John Simons to continue the public hearing until the August 17, 1987 meeting. SECOND: George Perna VOTE: Unanimous .On August 17, 1987 the public hearing was continued. John Simons read a:letter sent to Mr. & Mrs. Redman from Material Installation with regards to lighting and traffic issues. J im Bourgeon of Channel Building presented th:e Planning Board w th flans .� _�evied _ z �r 74Ez e� -'tl .WA Page 2: ti•?.:: 1 ;.c . MOTION: By John Simons to close .the publ teparing. SECOND: George Perna SEP 3{t. VOTE: Unanimous On August 31, 1987 the Planning Board held a regular meetin and voted to approve the Special Permit application by Channel Building to construct an 18,300 square foot addition to the existing building located on Bayfield Drive at the intersection of Willow Street. Three issues of concern were discussed at the Public Hearin( that should be addressed in this Conditional Approval are as follows: 1. The unfinished Cul -de -Sac at the 'end of Bayfield Drive does not allow for adequate fire protection and access - egress for the existing building. It was discussed tha the Cul -de -Sac was not finished by the developer of North Andover Business Park prior to this date because of a pending application to the Commonwealth of Massachusetts to create an entry onto Route 125. The Planning Board is in receipt of a letter from the DivisionaofPublic Works dated November 14, 1986 denying the request for emergency access onto Route 125 and is concerned that no work has taken place on Bayfield 'Drive thru 1987. 2. Concern by abuttors to the North of Material Installati( property of truck noise and lights during the night. Proponents for the project stated that the newest dwellings are 200 feet and 400 feet respectively from the building, but admit that into the winter months, a lack of foliage in the intervening woods. may be cause for concern and have suggested that truck traffic be directed onto the locus by way of the Willow Street entrances thereby minimizing headlights being directed to the North by the present access from Bayfield Drive. 3. There was a concern by the Planning Board of the increas rate of runoff being produced within the North Andover Business Park by the inclusion of additional impervious pavement and building additions. The applicants Enginee2 Mr. Tom Neve, has submitted drainage calculations stating the peak runoff has been decreased from the locus due to the fact that percentage of impervious area on the lot has been reduced from the overall Master plan of the Park and that the lot size has been re;d,uced.. Notwithstanding these factors, the Planning Board recognizes that if this lot size has been reduced, another: lot in the Park must have been increased, and ,that,W. Neve nor the Planning Board has an accurate acc&uating of the present impetvious area versu-s the-, original Master Plan i pervioUS area of the BusineSs Palk over -a, 'There bW.;6 - P,lannzrig Board r der 3 `.t`% ond� tzonal Ap e l .r.th �pcsd� i 'dOn1. - ,. �'4 the , canne�1 of t t e pry d ga: (0001 ,Page 3. t . '• rt l• Bayfield Drive will be cons' tru togj,f- t Subdivision Plans of North '? ndo �r'P"Ac Business with the y Park and be brought to at least bind8Y pavement to the satisfaction of the North Andover Fire Department and to the Division Of Public Works prior to construction of the building addition. 2 • The ' lawn area to the East of the proposed building between the building and Willow Street shall be designed as a Detention/Retention Pond to further mitigate runoff flows and to account for loss ground water infiltration due to the impervoius area. This will necessitate redirecting runoff flows into the Ponding area, preferably from the parking lot prior to discharge off site sizing to detain storm water flows to the withmax.p aper pipe Possible. 3. Truck traffic flow will be required to access -egress the property from the Willow Street curb cut only and automobile egress the site from the curb cut on Bayfield Drive. This will be a condition for continued and will be implemented by the use of oneoccupancy exit only signsigns and s and others -way as deemed necessary both installed at the two curb cuts as well as at the truck docks and Pointed indications on the pavement throughout the parking and access -egress areas. 4• Upon completion of the building addition and prior to buildin occupancy, the applicant shall file an.As-Built Plan. of the. g total.site showing at least, but -not limited tar the follow pavement grades, rims and inverts, drainage size, access- ing, egress signs, -lighting landscaping and all utili Said plan to be prepared and certified by a Profties. Land Surveyor and submiessional tted for approval by the Planning Board. 5• The landscape plan as submitted does not show the existin row of planted arborvitae to the rear of the existing g building and the Planning Board is of the opinion that the proposed planting of arborvitae will be of the same nature and therefore will not mature to a full effective screening for man g y years and therefore will require that in addition to the landscaping plan as submitted being conformed to in its entirety, a six (6) foot closed stockade fence be erected along the property line from a point starting fifty (50) feet from Route 125 and extending Easterly to the Easterl line of the proposed building addition. y 6. In accordance with the Fire Department report,of J 1987, the .following shall be provided`: ulY 31, 1• The addition must be equipped with an automatic fire suppression system (sprinklers)and the fire detection and alarms form the original build building the addztzon. Both .of these,g must be extc-iided Mans submitted tb the Eire Cfief systems must havo �t-o ;� 3. uct�.oz� n or approval pr'ic�r 2 ..g' ,T, hl ,.gage 4: fi 2• The Fire Chief has requested that information regarding the material to be stored and the amount of storage for products in this expansion be submitted to himself or the Fire Presention Officer. 7. The North Andover. COnservation ComissionIs Order of Condi tion under File ct 242-193. shall become a part of this approval .and be strictly adhered. • 8 In addition to the aforementioned Conditions, the Planning Board approves only that work as shown on the submitted Plans namely: 1• Sheet L1-1 dated 9/5/86 and revised 8/13/87 2• Sheet L2-1 dated 9/5/86 and revised 8/13/87 3. Sheet L4-1 dated 9/5/86 and revised 8/13/87 4. Unnumbered -Sheet dated 8/13/86 and revised 9/9/86 and entitled "Scheme 3" 9. Any proposed changes and/or future building expansion will be the subject of a new Public Hearing under a new Special Permit Application and further that any changes from these approved plans and that may be shown on the As -Built Plan submitted for approval prior to occupancy will negate this Special Permit and will require "a new filing of application. je -. Director of Public Works Highway Surveyor Board of Public Works Tree Warden -Conservation Commission Building Inspector Board of Health Assessor Police Chief Fire Chief Applicant Engineer File Interested Parties Sincerely, PLANNING BOARD Erich W. Nitzsc Chairman c� rT1 -u ED r•r� 4 T, y`3 a ;O R T It A N 1) o v r I2 ircl�r 1SSACIIUSLTTS SEP.� 1M °Qi �Y appeat nail be filed within � .po) days after the nc•. date of filin . g of this •� � � Notice in the Office of the Town Clerk. .. NOTICE OF DECISION Date: Septemb= .2, . i9•$7 ... . . Date of Hearin%g •August .31,.1:9•$7 Petition of• . •Channel Building ._............ ............. Premises affected11 Bayfield Drive - Industrial `1 . (I-1) . Zoning • Distri ...... ..................... Referring to the above petition for a special permit from the requirements of the ..North Andover Zoning Bylaw: Section 8; Para. 3 .. ..................................... .... so as to permit • , to , expand. the •as-sembly• and .live .storage . areas in an .. .•.. ... .. .. .. ..........n existinq.buildi.ng by.18 :200• scAttare feet•,•••••.••.••:••.. •.•.•..••.•.,. .,. ... .�....... After a Public hearing., given on the above date, the Planning Board voted A rove to .. $�', , ..... •the -Site. Plan Review -based upon the following conditions Signed Erich• W. ,N tzpghe r , C.r}a rman John .Simons , • Clerk• -.. Gets e Per, t 61 Ostrom rFir�«� •r ter..'. w� C�-y1' +� a x k �I a:. .A� y �LL �i c?n 4lT111 : 3 :err!' .`ALS--- • � � - �- , • -- .•, _ � .:�, rvrrnn �rrE'c--� +� ::: NOR'Ll ANDOVER North An(f(Wer, .DING gym':: ��s L M:►s5�u:hu5c;11s c SERVATION e"Q""eg ' 'DIVI51UN 04; (Ei 17) 685-4775 r�nl.. NING PLANNING & COMMVNITY't0EVELOPMENT f. KAREH.P. NELSON, DIRECTOR September 2, 198; Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 Re: Material Installa- 11 Bayfield Drive North Andover, MA Site Plan Review through Special PE Dear Mr. Long: The North Andover Planning Board held a public hearing upon the application of Channel Building Company, '23 Main Street, Andover, MA. on Monday evening, August 3, 1981 in the Town Office Meeting Room. The hearing was advertised in the North Andover Citizen on July. 16 and July 23, 1987. The following members were present and voting: Erich W. Nitzsche, Chairman; John L. Simons, Clerk; George Perna 'and: Paul Hedstrom. John J. .9 was absent. The petitioner seek.s a Special. Permit under Section 8' paragraph 3; Site Plan Review. The purpose of the Site Plan Special Permit is to review the proposal to expand the assembly and live storage areas of the existing facility by approximately 18,200 square..feet of land on the North side of Bayfield Drive known as 11 Bayfiled Drive in an Industrial -1 (I-1) Zoning District. John Simons read the legal notice to open the 'public hearing. Letters were received and read from.the Fire Department, Board of Health and two (2) letters from the Conservation Commission. Jim Bourgeois representing Channel Building, Material Ins.tallat.i and 114 Associates presented the proposed plans. MOTION: SECOND: VOTE John Simons to continue the public hearing until the August 17, 1987 meeting. George Perna U_nan :mous On Au.gust 17, 1987 the publ c hearing. was Continued. John S;Lmons read, a 1_ett,er sent to Mr. & Mks;: Redman from hiateri a1 Installation with rcgaos to lighting apd t of;� C .issuers. ig, of VnEiu�lF tho Flannzig y+ ;PT—v.", ,-k� S �f xi y r } +Z �'''i �K'r:. x 1, t y,:`fit •t" lia .,ro}z'S ` t �4 a n 9 j Page 2 MOTION: By john Simons to close the ublx .gt�paring. SECOND-: George Perna SEP VOTE: 'Unanimous On August 31, 1987 the Planning. Board held a regular meetin and voted to approve the Special Permit application by Channel Building to construct an 18,300 square foot addition to the existing building located on Bayfield Drive at the intersection of Willow Street. Three issues of concern were discussed at the Public Hearin( that should be addressed in this Conditional Approval are as follows: 1. The unfinished Cul -de -Sac at the 'end of Bayfield Drive does not allow for adequate fire protection and access - egress for the existing building. It was discussed tha the, Cul -de -Sac was not finished by the developer of North Andover Business Park prior to this date because of a pending applicationto the Commonwealth of Massachusetts to create an entry onto Route 125. - The Planning Board is in receipt of a letter from the Dlvlsion.of Public Works dated November 14, 1986 de'nyinq the request for emergency access onto Route 125 and is concerned that no work has taken place on Bayfield 'Drive thru 1987. 2. Concern by abuttors to t ' he North of Material Installati( y. propertof truck noise and lights during the night. Proponents for the project stated that the newest dwellings are 200 feet and 400 feet respectively from, the building, but.admit that into the winter months, a lack df foliage in the intervening woods. may be .cause for concern -and.have suggested that truck traffic be directed onto the locus by way of the Willow Street entrances thereby minimizing headlights being directed' .to the North by the present access from Bayfield Drive. 3. There was a concern by the Planning Board of the increas rate of runoff being produced within the North Andover Business Park by the inclusion of additional impervious pavement and building additions. The applicants Engineei Mr. Tom Neve, has submitted drainage calculations stating the peak runoff has been decreased fro'm the locus due to the fact that peltentaqe of impervious area on the lot has been reduced from the overall Master plan. of the Park and that the lot size has been factors, the - --g reduced otwithstanding the" Planning Bo:ard recognizes that if this 'lot Size has been reduced, another lot in. the Park must have been indreaaed k and . a, X we the Planning itba , t _h, ti. 4 A pl had an ac,! curatoaoiuttr� of ftllw- -A Versu-a thetimepro--szeft i 4 A -0 . -vli, A V _ P 1 an, - bkiV- r 6 4*5' 41,t-, f the Buren & 04 0 1{gyp V) RX I" 4, R -page 3: 1 • Bayfield Drive will be con stru .te n Subdivision Plans of, North '?Ando dr�lBusinessaPar with the brought. to at least binds k and be Pavement to the satisfac Of the North Andover Fire Departmtion ent and to the Division Of Public Works prior to construction of the bui ldin addition. g 2 3. 4. 5. MP • The lawn area to the East of the proposed building the building and Willow Street shall be designed as ba tween Detention/Retention Pond to further mitigate runoff flow and to account for loss ground water infiltration the impervoius area, s runoff flows into the Ponding area, preferably redirecting to parking lot prior to discharge Off site, with Proper from the sizing to detain storm water flows to the wmaximumper PzPe Truck traffic flow will be required to a Possible. ,property from the Willow Street curb cut only egress the automobile egress the site from the curb cut onand Bayfield Drive. This will be a condition for continued ocupanc and will be implemented by the use of one-waysii gns and Y exit only signs and others as deemed necessary both instal at the two curb cuts as well as at the truck docks and led Pointed indications on the pavement throughout the parkin and access -egress areas. g Upon completion of the building addition and prior to occupancy, the applicant. shall file an.As-Built Plan of the. total site showing at least, but -not limited to the following, Pavement grades, rims and inverts . egress si ns drainage size, access - signs, -lighting landscaping and all utilities. Said plan to be prepared and certified by a Professional Land Surveyor and submitted for approval by the Plannin go. The landscape g ard. P plan as submitted does not show the existing row of planted arborvitae to the rear of the exist:-i,ng building and the Planning Board is of the opinion that proposed planting of arborvitae will be of the same n the and therefore will not mature to a full effective screening for many years and therefore will require that in addition to the landscaping g its-entirety,P g plan as submitted beingion a six (6) foot closed stockade -fence be rmed to rected along the property line from a point starting fifty (50 feet from Route 125 and extending Easterl ) line of the proposed building addition. Y to the Easterly In. accordance with the Fire -Department report of Jul 1987, the following shall be provide:;Ing 31, 1. The addition must. be equipped with sppressian s 'tem (sprinkler) acid amici alarrits fOV, ift, tt�he orzgi a3 y�7 the add2roa{ • * h pPf t(1W t y�Yt } to - i an automatic fire the fire deteoti on '19must be exte_pfded rst;ms dust . have p xou r age 2. The Fire Chief has requested that information regng ardi the material to be stored and the amount Of storage products in this expansion be submitted to himself o for the Fire Prese'ntion officer. 7. The North Andover. COnservation COmission's Order of a under File No. 242-1.93, shall become a ' art of t onditi., .and be strictly adhered. P his pproval In addition to the aforementioned Conditions, the Planning Board approves only that work as shown on the s' Plans namely: ubmitted Sheet Ll-J.dated 9/5/86 and revised 8/13/87 .2. Sheet L2-1 dated 9/5/86 and revised 8/13/87 3. Sheet L4-1 dated 9/5/86 and revised 8/13/87 4• Unnumbered -Sheet dated 9/13/86 and revised 919186 and entitled "Scheme 311 9. Any proposed changes and/or future building expansion will be the subject of a new Public Hearing under a new Special Permit Application and further that any changes from these approved Plans and that may be shown. on the As -Built Pl approval submitted for. , Proval prior to occupancy willan 'negate th�ls * Special Permit. an . d will require''a new . filing of application. ie Director Of Public Works Highway Surveyor .Board Of Public Works Tree Warden .,Conservation Commission Building Inspector Board of Health Assessor Police -Chief Fire Chief Engineer File e I:ritereOtod Parties M5, S'ince'rely, PLANNING BOARD Erich, W. N.J[tZsc Chairman C rn 00 'gk 41 M-35 August 6, 2003 66 Meadowood Road North Andover, MA 01845-5927 Town of North Andover Robert Nicetta, Building Commissioner 120 Main Street North Andover, MA 01845 Subject: Citizen Complaint for Investigation - Zoning Re: Materials Installations, Inc., 11 Bayfield Drive, North Andover, MA. Dear Mr. Nicetta: As a follow-up to our July 23rd (2003) meeting, this letter serves as a formal request to enforce the zoning by-laws with regard to Material Installations, Inc. Noise Details The noise caused by Material Installations is a nuisance and unreasonably interferes with the comfort of my family and myself. This has made the backside of my house unsuitable for quiet enjoyment. The source of the nuisance is shipping related activity. This includes the.operating of trucks, the loading of trucks/ commercial containers, the operation of machinery and loud voices of workers. The truck noise includes the engine, the drive -train, exhaust, tire/road contact, and braking. The trucks also cause vibration and infrasound (low frequency noise). Typically, the noise has a rapid start rate. This is caused by the abruptness of an approaching truck, the starting of the engine as well as truck movement and stopping (which cause increased accelerations). The noise and vibration is so great that my family and I are alerted to incoming traffic before the truck has entered the shipping area. Zoning As you are aware, zoning allows local government to regulate what uses may be made of a parcel of land. The intent is to protect adjoining property owners from incompatible uses and to increase the likelihood that a community grows in a way that enhances overall quality of life. The Town of North Andover classifies the properties on Meadowood Road as "Residential -6." Source: Town of North Andover records. • 11 Bayfield Drive d/b/a Material Installations is classified as "Industrial -1." Source: Town of North Andover records. The Articles of Organization [for Material Installations, Inc] states the following with regard to its business: "to store, warehouse, transport andR(EGMV= and kinds of office furniture or related systems." Source: Commonwealth of Massachusetts records. AUG 7 2003 BUILDING DEPT. 1` The Merrimack Valley Planning Commission (MVPC) indicates that the primary business of Material Installations is "Office Furniture and Equipment Installation ( Whop " Source: MVPC. • Zoning by-laws, paragraph 13 of section 4.132 (Industrial 1 District) states that "warehousing and wholesaling shall be permitted only as a secondary use." • Zoning by-laws, paragraph 15 states "parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be injurious, noxious or offensive to the neighborhood." Note: The text of the North Andover zoning by-laws referenced in this letter is identical to the 1987 version. As you are aware, chapter 40A, section 7 of the General Laws of Massachusetts states that "the inspector of buildings, building commissioner or local inspector ... shall be charged with the enforcement of the zoning ordinance or by-law." Noise Barrier Town records indicate the following: a) A Site Plan Review (August 3, 1987) recognizes concerns with regard to trucks, noise and activity at night. The plan indicates the use of "evergreens and fencing to be looked into for possible noise barriers." b) Conditional approval of the Special Permit (August 31, 1987) by the Planning Board. Regarding noise concerns, proponents "admit that into the winter months a lack of foliage in the intervening woods may be cause for concern." c) Paragraph 5 of the conditional approval (September 2, 1987) indicates a landscape plan that includes a "row of planted arborvitae to the rear of the building." The plan also includes "a six (6) foot closed stockade fence be erected along the property line." Currently, the landscape along the property line consists of one (1) row of trees. Noise experts have informed me that this landscape along with the fence is an unacceptable noise barrier in that it only provides psychological relief and does not physically lessen noise levels. Research from the Washington State Department of Transportation (WSDOT), Environmental and Special Services Section, indicates that it would take at least 100 feet of dense vegetation to provide the same acoustical benefit as a noise wall. Furthermore, the Federal Highway Administration (FHWA), Office of Environment and Planning Noise and Air Quality Branch does not consider the planting of vegetation as a noise abatement measure. Specifically, "the planting of trees and shrubs provides only psUchological benefits and may be provided for visual, privacy, or aesthetic treatment, not noise abatement." It is not unreasonable to expect absolute quiet in a residential community. As a homeowner, I am entitled the right to enjoy the full use of my property without unreasonable interference. There is a duty to protect citizenry from disruption of the peaceful enjoyment of their residences. In Ferriter v. Herlihy (287 Mass. 138), the Massachusetts Supreme Court stated that "the sanction that the Legislature gives by authorizing local officials to issue a license to conduct a certain business on specified premises is subject not only to the limitation that the business must be carried on without negligence, but to the further qualification that it must be conducted without unnecessarg disturbance of the rights of others." It is respectfully requested that you enforce the North Andover zoning by-laws as authorized by the Massachusetts General Laws. I am available to attend any meetings and/or provide further information. Should you require additional information, please contact me at the above address or via telephone at 978-683-3414 (home) or 617-557-1235 (work). Thank -you for your time and attention to this important matter. Sincere1 , Konstantinos "Dino' Balos Attachments cc: Town Manager Assistant Town Manager Board of Selectmen North Andover Meadowood Road Residents Attorney Matthew C. Donahue F�nrr Name A meed f.c. %0H lU ARU J 1Rev 3-7v1 10.79.15212M lir Tnrtttttnnw-rult4 of Mnasar4mutts MICHAEL JOSEPH CONNOLL Y Secretary of State ONE ASHBURTON PLACE, BOSTON, MASS. 02108 ARTICLES OF ORGANIZATION (Under O.L. Ch. 156B) Incorporators NAME POST OFFICE ADDRESS Inrlude ,given name in full in case of natural persons; in case of a corporation, give state of incorporation. Robert, A, 7:!?. .merdine, Esq. One Unica Boston, a 0:21.03 �. t The above-named incomoratms) do hereby associate (themselves) with the intention of forming a corporation under the provisions of General Laws. Chapter 156B and hereby statc(s): (. The name by which the corporation shall be known is: Material Installations, 2. 1 i7e purpose for which the corporation is formed is as follows: 1. To store, warehouse„ transport and deliver all types and kinds of office furniture or related systems. (See Continuation Sheet 2A) 3 06 Note: Irthe space provided under any article or item on this farm is Insutlloem, additt,in. ,hall he art fi+r1h 1ul � 11:1t.tr K I 2%11 sheets of paper leaving n left hand margin of at bast 1 inch ror hinding. Addition, 1.1 mory 11144#1 1111V mucic ntit\ hr omilnued on o oingle sheet ao long an each article mclul:ing each such addition is clenrly Indivated. MVPC; - Parcel lniormation Finder Parcel 25 - Address Bayfield Dr. North Andover, MA 01845 State Code 210 Industrial Site 2 No. Industrial Park North Andover Business Park Current Use Acreage 4.4 Building Sq. Ft. 42459 Company Material Installations Co. Name SIC Code 5(?1-22 Primary Oiii e Furniture and Equipment Business ` Installatto—n-(V^Jhoi) Employment 100-249 Range Sales $20-50million Owner Bud Realty Trust Gas Essex County Gas Electricity Massachusetts Electric Sewer Sawice Public Water Service Public - Highway A Directly off of Route 114 ccess Distance to Approximately 3.5 miles from Exit Interstate 42 off of 1-495 Public No Service Transportation Zoning Industrial Page 1 of 1 1 2 PLANNING BOARD MEETING AUGUST 3, 1987 The Planning Board held a regular meeting on Monday evening August 3, 1987 at approximately 8:08 p.m. in the Library/Conference Room of the Town Hall. The following members were present and voting: Erich Nitzsche, Chairman; John Simons, Clerk; Paul Hedstrom; George Perna. John Burke was absent. PUBLIC HEARING_ MateriaY' Installation. Site Plan Review r John Simons read the Legal Notice to open the public hearing. Letters were received and read from, the Fire Department, Boards of He,?,.11 and two (2) from the Conservation, Cui; mission. Jim Bourgeois representing Channel Building, Material Installation and 114 Associates presented the proposed plans. existing building, drive, and parking presently constructed to expand live storage area from 26,700 sq. ft. to 45,000 sq. ft. cul-de-sac to be finished as shown on plans easement for utilities only The Planning Board had the following concerns: M-'t:i.gatia,l of water runoff Buffer zone to be taken care of Gc,ne lime to be ideaLificd at the back of building Roof drains to be calculated into storm drains" The Board recognized�Joan Redman of Andover'Bypass, an abutter with the following concerns:, activity at night trucks noise lights The lighting is to be addressed. Also evergreens and fencing to be; looked into for possible noise barriers.- MOTION: By John Simons to continue the Public Hearing until August 17, 1987. SECOND: George Perna VOTE: Unanimous A2proval Not Required Plans Form A 1• Rea_ Sit _ Maureen Joyce Applicant--withdrew-without prejudice MOTION: By John Simons to accept the applicant's wishes to withdraw without thout SECOND: Paul Hedstrom VOTE: Unanimous NOTE: Planning Board concerned that the plan shows a subdivision Page 2: MOTION: By John Simons to SECOND: George Perna VOTE: Unanimous close the publl; vi paring. SEP 3 u13k U on August 31, 1987 -the Planning Board held a regular meeting and voted to approve the Special Permit application by Channel Building to construct an 18,300 square foot addition to the existing building located on Bayfield Drive at the intersection Of Willow Street. Three issues of concern were discussed at the Public Hearing that should be addressed in this Conditional Approval_,are as follows: , 1. The unfinishe- Cul -de -Sac at the end of Bayfield Drive does not allow i:Y adequate fire protection and access - egress for the existing building. It was discussed that the Cul -de -Sac was not finished by the developer of North Andover Business Park prior to this date because of a pending application to the Commonwealth of Massachusetts to create an entry onto Route 125. The Planning Board is in receipt of a letter from the Division of Public Works dated November 14, 1986 denying the request for emergency access onto Route 125 and is concerned that no work has taken place on r= -Ylr -:.ld Drive thru 1987. Concc L -n 1:vy abuttors to the No-r.tli of Material Installation property of truck noise and lights during the night. Proponents for the project stated that the newest dwellings are 200 feet and 400 feet respectively from the building, but admit that into the winter months, a lack of foliage in the intervening woods may be cause for concern and have suggested that truck traffic be directed onto the locus by way of the Willow Street entrances thereby minimizing headlights being directed to the North by the present access from Bayfield Drive. 3. There was a concern by the Planning Board of the increased rate of runoff being produced within the North Andover Business Park by the inclusion of additional impervious pavement and building additions. The applicants Engineer, Mr. Tom Neve, has submitted drainage calculations stating the peak runoff has been decreased from the locus due to the fact that percentage of impervious area on the lot has been reduced from the overall Master plan of the Park and that the lot size has been reduced. Notwithstanding these factors, the Planning_. n -Board--re-cogrzes--that if this lot size has been reduced, another lotin the Park must have been increased, and that Mr. Neve nor the Planning Board has an accurate accounting of the present impervious area versus the original Master Plan impervious area of the Business Park overall. Therefore, the Planning_ -Board :renders thrs Conditional Approvdl a for the ; conestructon ".of the proposed buldrn' 4 ions::far �, M;; f- _T»cta"S"1 of i nnc. Memorandum To: Karen A. Robertson, Administrative Assistant From: Michel Glennon, Board of Appeals Date: April 14, 2003 Re: Request for Information There was no Zoning Board of Appeals file for 11 Bayfield Drive at 27 Charles Street. CC: Mark Rees, Town Manager D. Robert Nicetta, Building Commissioner ZBA file TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Mark H. Rees Town Manager '- MEMO TO: D. Robert Nicetta, Building Commissioner Michel Glennon, Board of Appeals Julie Parrino, Conservation Administrator Justin Woods, Town Planner Sandra Starr, Health Administrator Donna Mae D'Agata, Adm. Asst., CD&S Richard Stanley, Police Chief William Hmurciak, Director, Public Works Joyce Bradshaw, Town Clerk FROM: Karen A. Robertson, Administrative Assistant DATE: April 14,203 RE: Request for Information Telephone (978) 688-9510 FAX (978) 688-9556 Enclosed please find'a Public Records Request from K. Dino Balos, 66 Meadowood Road, North Andover. Please provide this office with copies of the information requested in the attached correspondence pertaining to your office. We would appreciate receiving this information at your earliest convenience. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me. Cc: Mark Rees, Town Manager ;)4/10/03 1.2:07 FAX 617 565 7528 April 10, 2003 66 Meadowood Road North Andover, PIA 01845-5927 TOWN MANAGER'S OFFICE MARK REES, TOWN MANAGER 120 MAIN STREET NORTH ANDOVER MA via fax: 978-688-9556 Subject: Citizen Public Records Request Re: Material Installations Inc., 11 Bayfield Drive, North Andover To Whom It May Concern: Pursuant to the Massachusetts Public Records Law, this letter -serves as a request for the following: Any and all information related to hours of operation, an -i and all town permits and licenses, business operating plans, building forms, zoning plans, any town �authorizcd exceptions, citizen and/or towia complaints, any and all citations, waste disposal permits/ licenses, noise, vibrations, nuisance, and minutes of town meetings related to the aforementioned items for Material Installations located in the North AndiYver Industrial Park 11 Ba}Tfield Drive accessible via Willow Street off Ro at:e 114. This includes: the building department, police departure zt. records, zoning permits, Board of Health records, Public Works records, Planning Department records, Community Development records, Conversation Commission records, Town Clerk records, and Zoning Board of Appeals records. I can be contacted at the above address or via telephone at 978.683-341.4 (home) or 617-557-1235 (work). Thank -you for your time and assistance. Sincerely, K. Dino Balos P�I1h�InG 0��110 TOAVN 01" N Olt T.IT A N T) OVER M AS SACJ1 U S I;,TI'S Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. NOTICE OF DECISION RECEIVED DANIEL LO'%G T0*, 11' C!.'EY, NOR1 N :`,t)0 SER MAY 17 12 IG PN T Date... May .17'..1.988 .............. . I)utc of Ilcaring ... ... 1988 Petition of ...Gb .�u]ding........................................... Premises affect d ... iI .$ayfi,eld, Ar�Yf..... ljaterial Installation . .� . Referring to the above petition fora special per►nit from the requirernents of the .. , ,North. Andover .Zoning. Bylata; .Section so its to permit . , , , , the constructionofan addition to an existing ., , _ .. .. .. ........... 18,200 square feet ...........................4........................................ After a public hearing given on the above date, the Platining Board voted to ,ACCEPT ........ ..the .,WITHDRAWAL WITHOUTPREJUDICE ................................... ce: Director of Public Works Interested Parties Z'd 08-trEL888L6 based upon the following conditions: SignCC] Payl A., Geo.Vice-Chairman John Simons, Clerk . Erich Nitzsche OWI OOSSIJ 13/1OW SIJWOHi eSZ : T T co L T -idd Board of Public Works WU Highway Surveyor D n g-Fg Tree Warden Board of Health iii Building Inspector Conservation Commission > tea o Assessors o Police Chief y w Fr Fire Chief Applicant Engineer File Interested Parties Z'd 08-trEL888L6 based upon the following conditions: SignCC] Payl A., Geo.Vice-Chairman John Simons, Clerk . Erich Nitzsche OWI OOSSIJ 13/1OW SIJWOHi eSZ : T T co L T -idd 11 Bay6ietd Dxi. ve Req-ue�sted addition to exiting _ba4tdw_9 WITHDRAWAL -WITHOUT PREJUDICE -'- ! PIS n►h5��r� dp �s►ten CHANNEL . 2. 1987 d � A O`W'Iv..OI� NoR'CIt ANDOVER MOR �1 mr "4Zs s A c IT v s r. 'CTS , SEP 3 II Iai'} °G� �j01 ' 1tio Any appeal shall be filed °p within (20) days after the .,,.mc. date of filing of this Notice ,s���M°st. in the Office of the Town Clerk. NOTICE OF DECISION Date. Saptembax .2, .19.$7... .. . Date of Hearing August .31,..L9.87 Petition of .Channel. Building .. . .. . .. ........................................ Premises affected ,...11. Bayfield Drive - Industrial . .1 ( I-1) .1) Zoning . District Referring to the above petition for a special permit from the requirements of the ..North .Andover ZoningBylaw, Section -8;Para. 3 . .. _ ....:... _ . so as to permit.expand. the .assemblyand live storage areas , in. an , , .. existinq, building by. 18 :200. square. feet.... . ,. ... ............. After a public hearing•.given on the above date. the Planning Board voted Conditionally to ..A$Prove ......the ...Site. Plan. Review .................................. . .... .... ..... ....... based upon the following conditions: Signed Erich, w,._ ,Nitzsche , C4gjrman John Simons,.!l rk . .... . George Perna Paul Hedstrom John J Burke } I}]<nnni'he- I301rd OF NONTH+,I• r U 'To n of (>FS OF. p �@ w 120Main qtr a (,E.,t • North Andover, /�EAI_s NORTI p ANDOVER ' : ;;' 9 1 massachusells o 184 , IILI�INC; +se E<� ((,tU1VISlON(]li� (Eil7 EiBi4775 ONSF_RVATION �CMUB HEALTH PLANNING PLANNING & CO 3 MrNYFY, 1MEVELOPMENT e�rrr 1��t�,"• �jt'1 KARb &FH.E'. NELSON, L)IREC: OR September 2, 1987 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street. North Andover, MA 01845 Re: Material Installation 11 Bayfield Drive North Andover, MA Site Plan Review through Special Permi- Dear Mr. Long: The North Andover Planning Board held a public hearing upon the application of Channel Building Company, 23 Main Street, Andover, MA. on Monday evening, August 3, 1987 in the Town Office Meeting Room. The hearing was advertised in the North Andover Citizen on July 16 and July 23, 1987. The following members were present and voting: Erich W. Nitzsche, Chairman; John L. Simons, Clerk; George Perna 'and Paul Hedstrom. John J. Burke was absent. The petitioner seeks a Special.Permit under Section 8,, paragraph 3; Site Plan Review. The purpose of the Site Plan Special Permit is to review the proposal to expand the assembly and live storage areas of the existing facility by approximately 18,200 square feet of land on the North side of Bayfield Drive known as 11 Bayfiled Drive in an Industrial -1 (I-1) Zoning District. John Simons read the legal notice to open the -public hearing. Letters were received and read from.the Fire Department, Board of Health and two (2) letters from the Conservation Commission. Jim Bourgeois representing Channel Building, Material Installation and 114 Associates presented the proposed plans, MOTION: John Simons to continue the public hearing until the August 17, 1987 meeting. SECOND: George Perna VOTE: Unanimous On August 17, 1987 the public hearing was continued. John Simons read a letter sent to Mr. & Mrs. Redman from Material Installation with regards to lighting and traffic issues. Jim Bourgeois of Channel Building presented the Planning Board- with r=evised plans. 3{ Page 2. , MOTION: By John Simons to close the publ roparing. SECOND: George Perna SEP 3 0 VOTE: Unanimous On August 31, 1987 the Planning Board held a regular meeting and voted to approve the Special Permit application by Channel Building to construct an 18,300 square foot addition to the existing building located on Bayfield Drive at the intersection of Willow Street. Three issues of concern were discussed at the Public Hearing. that should be addressed in this Conditional Approval are as follows: 1. The unfinished Cul -de -Sac at the end of Bayfield Drive does not allow for adequate fire protection and access - egress for the existing building. It was discussed that the Cul -de -Sac was not finished by the developer of North Andover Business Park prior to this date because of a pending application to the Commonwealth of Massachusetts to create an entry onto Route 125. The Planning Board is in receipt of a letter from the Division -of Public Works dated November 14, 1986 denying the request for emergency access onto Route 125 and is concerned that no work has taken place on Bayfield 'Drive thru 1987. 2. Concern by abuttors to the North of Material Installation property of truck noise and lights during the night. Proponents for the project stated that the newest dwellings are 200 feet and 400 feet respectively from the building, but.admit that into the winter months, a lack.df foliage in the intervening woods. may be cause for concern and have suggested that truck traffic be directed onto the locus by way of the Willow Street entrances thereby minimizing headlights being directed to the North by the present access from Bayfield Drive. 3. There was a concern by the Planning Board of the increased rate of runoff being produced within the North Andover Business Park by the inclusion of additional impervious pavement and building additions. The applicants Engineer, Mr. Tom Neve, has submitted drainage calculations stating the peak runoff has been decreased from the locus due to the fact that percentage of impervious area on the lot has been reduced from the overall Master plan of the Park and that the lot size has been reduced. Notwithstanding these factors, the Planning Board recognizes that if this lot size has been reduced, another lot. in the Park must have been increased, and that Mr. Neve nor the Planning Board has an accurate accounting of the present impervious area versus the original. Master Plan impervious area of the Business Park overall. a. There"fore_, tyre Planning Board, renders` this Conditional Approval > .. or the construc..tio of the_propos'ed k u dEzng' add tion or $" t '' f Page IM 0 01 3: 1• Bayfield Drive will be construgte�lj,i' ticcordance w ith Subdivision Plans of North-'Anclbtter"Business Park and bee brought to at least bind8Y pavement to the satisfaction of the North Andover Fire Department and to the Division of Public Works prior to construction of the building addition. 2. The lawn area to the East of the proposed building between the building and Willow Street shall be designed as a Detention/Retention Pond to further mitigate runoff flows and to account for loss ground water infiltration due to the impervoius area. This will necessitate redirecting runoff flows into the Ponding area, preferably from the parking lot prior to discharge off site with proper pipe sizing to detain storm water flows to the maximum possible. 3• Truck traffic flow will be required to access -egress the property from the Willow Street curb cut only and automobile egress the site from the curb cut on Bayfield Drive. This will be a condition for continued occupancy and will be implemented by the use of one-way signs and exit only signs and others as deemed necessary both installed at the two curb cuts as well as at the truck docks and Pointed indications on the pavement throughout the parking and access -egress areas. 4• Upon completion of the building addition and prior to building occupancy, the applicant shall file an As -Built Plan. of the total site showing at least, but -not limited to the th pavement grades, rims and inverts, drainage size, access- following, egress signs, -lighting landscaping and all utilities. Said plan to be prepared and certified by a Professional Land Surveyor and submitted for approval by the Planning Board. 5. The landscape plan as submitted does not show the existing row of planted arborvitae to the rear of the existing building and the Planning Board is of the opinion that the proposed planting of arborvitae will be of the same nature, and therefore will not mature to a full effective screening for many years and therefore will require that in addition to the landscaping plan as submitted being conformed to in its entirety, a six (6) foot closed stockade fence be erected along the property line from a point starting fifty feet from Route 125 and extending Easterl line of the proposed building additiy to the Easterly on. 6. In accordance with the Fire Department report of July 31, 1987, the following shall be provided: . 1. The addition must be equipped with an automatic fire suppression system (sprinklers) and the fire detection and alarms form the original buildin into g must be extended the addition. Both of these systems must have plans submitted, to the Fire Chief fora approval prior, U construct-ion.. !e .. �ciA4�e!-s„� .._.,:._ _�_....................._.._.- ..�.i.,..;.�._`.x.. �.x..,e„_..,,....... _._.....o-......2. - _.,..__. ._ ..,..,..:. ��� IAI n n i 2. The Fire Chief has requested that information regarding the material to be stored and the amount of storage for products.in this expansion be submitted to himself or the Fire Presention Officer. 7. The North Andover. COnservation Comission's Order of Conditions under File No. 242-193, shall become apart of this approval ,and be strictly adhered. 8 - In addition to the aforementioned Conditions, the Planning Board approves only that work as shown on the submitted plans namely: 1• Sheet L1-1 dated 9/5/86 and revised 8/13/87 2. Sheet L2-1 dated 9/5/86 and revised 8/13/87 3. Sheet L4-1 dated 9/5/86 and revised 8/13/87 4. Unnumbered Sheet dated 8/13/86 and revised 9/9/86 and entitled "Scheme 3" 9• Any proposed changes and/or future building expansion will be the subject of a new Public Hearing under a new Special Permit Application and further that any changes from these approved plans and that may be shown on the As -Built Plan submitted for approval prior to occupancy will negate this Special Permit and will require -a new filing of application. rje :c: Director of Public Works Highway Surveyor Board of Public Works Tree Warden Conservation Commission Building Inspector Board of Health Assessor Police -Chief Fire Chief Applicant Engineer File Interested Parties Sincerely, PLANNING BOARD Erich W. Nitzsc , Chairman c-1) m C?-� 4D r•r� +J 06/03/03 12:38 0978 686 1515 MATERIAL INSTALL 001 Material Installations, Inc. June 3, 2003 Robert Nicetta Town of North Andover Building Commissioner 27 Charles Street North Andover, MA 01845 Dear Mr. Nicetta, Thank you for your time on Tuesday to assist in resolving the issues with Mr. Balos. The following is a sununary of the steps which we discussed in order to facilitate a resolution to Mr. Balos's concerns. 1. We will send another written notification and continue to verbally notify the independent freight carriers who deliver to our facility that they cannot enter our property prior to 7:00 a.m. See copy enclosed. 2. We will contact our landscaper to repair or replace the existing shrubs along the relevant property line in order to improve the buffer protection. 3. Our own employees, trucks and vans standardly leave our site at 7:00 a.m. We will ask that they minimize the vehicle warm up period to fifteen minutes in order to reduce the noise level generated by company owned vehicles in the morning. However, it should be noted that there are certain project conditions that periodically warrant our vehicles leaving prior to 7:00 a.m. We will attempt to have those trucks scheduled to leave from our Flagship Drive facility whenever practical. Bob, if you have any comments or suggestions to fiuther assist in resolving this matter, don't hesitate to contact me. Please advise as to how your discussions proceed with Mr. Balos so we may determine how to proceed. Sincerely, Michael Farrow 47 DEPOT STREET MERRIMACK, NEW HAMPSHIRE 03054 • (603) 429-0411 11 BAYFIELD DRIVE NORTH ANDOVER, MASSACHUSETTS 01845 • (978) 685-9685 79A BRADLEY DRIVE WESTBROOK, MAINE 04092 • (207) 854-2251 06/03/03 12:38 0978 686 1515 MATERIAL INSTALL Material Installations, Inc. June 3, 2003 Robert Nicetta _ - Town of North Andover �b 15 Sd Q �%iiLr�2 )ur-time on Tui �/�L�G 7 L�S �S f the steps whiff 1. We will send another written notific carriers who deliver to our facility t a I ❑ z W J � Q Ir 1 �.El Z t a 3 ImALJ �. ❑ a �S1< Ox z w Uz �< 3 a El OR I Z5. QW \ 3Ui 1 W Z CC H J W Q QU L ❑ Ua r W z O a W(nCD14 W a=Ozw 2w20 10001 DP ote Val eri" _. _--_-- --- morning. However, it should be noted that there are certain project _ ant our vehicles leaving prior to 7:00a.m. We will rom 011r. or sugg14,1w your, 2-2SLW� !V � � � O C�.aDt� �• 'J,i T-0 • � � �• C3 ft-"' ACK, NE ANDOVt f' BROOK, 06/03/03 12:39 $978 686 1515 MATERIAL INSTALL Q002 Material Installations, Inc. To: All Freight Carriers From: Dino Pappas, Warehouse Manager — Material Installations Date: June 3, 2003 Re: Restriction to Access Property Please be advised that due to vandalism concerns and noise generated by truck/trailers idling their engines on our property, which is abutting a residential area, no trailers are allowed to enter our property at I 1 Bayfield Drive, North Andover prior to 7:00 a.m. If your arrive at our facility prior to 7:00 a.m. you may park in front of our building on Bayfield Drive. Thank you for your cooperation. 47 DEPOT STREET MERRIMACK, NEW HAMPSHIRE 03054 • (603) 429-0411 11 BAYFIELD DRIVE NORTH ANDOVER, MASSACHUSETTS 01845 • (978) 685-9685 79A BRADLEY DRIVE WESTBROOK, MAINE 04092 • (207) 854-2251 RECEIVED JUN 0 3 2003 BUILDING DEPT. Pagel of 2 Nicetta, Robert From: Robertson, Karen Sent: Thursday, May 08, 2003 9:45 AM To: Nicetta, Robert Subject: RE: Request for Information Reviewed and approved by the Town Manager. --Original Message ----- From: Nicetta, Robert Sent: Wednesday, May 07, 2003 1:03 PM To: Robertson, Karen Cc: Santilli, Ray; Griffin, Heidi; D'Agata, Donna Mae Subject: RE: Request for Information Karen —Mr. K. Dino Balos requested records of records for Material Installations, Inc. by fax on March 12, 2003. 1 have been informed by Local Inspector McGuire that available records where faxed to Mr. Balos on the same day. My research of Assessor Records indicates Mr. Balos closed on the property, located at 66 Meadowood, on January 2003. Research of the Planning Board decision, of September 2, 1987, allowed Material Installation, 11 Bayfield Drive to expand their assembly and and live storage areas by 18,200 square feet. Item #2 of the Conditional Approval address the "Concern of abutters to the North of Material Installation property of truck noise and lights during the night. Proponents for the project stated that the newest dwellings are 200 feet and 400 feet respectively from the building, but admit that into the winter months, a lack of foliage in the intervening woods may be cause for concern and have suggested that truck traffic be directed onto the locus by vvay of the Willow Street entrances thereby minimizing headlights being directed to the North by the present access from Bayfield Drive The Planning Board then rendered the following in the Conditional Approval for the construction of the proposed building additions for Material Installation: Item #3 -'Truck traffic flow will be required to access -egress the property from the Willow Street curb cut only and automobile egress the site from the curb cut on Bayfield Drive. This will be a condition for continued occupancy and will be implemented by the use of one way signs and exit only signs and others as deemed necessary both installed at the two curb cuts as well as at the truck docks and pointed indications on the pavement throughout the parking and access -egress areas". Item #2 of the Conditional Approval does not give any restrictions to Material Installation truck noise other than suggesting truck traffic must enter from the Willow Street entrance. Also, hours of operation have not been restricted in the approval. I will make a site visit in order to verify the conditions in Item #3 are in place and attempt to speak with the appropriate individual concerning the compliant. My findings will be reported to the Town Manager Please advise if this action is approved by the Town Manager. Bob 5/8/03 Nicetta, Robert To: Rees, Mark Cc: Griffin, Heidi; D'Agata, Donna Mae Subject: RE: Neon lights Mark -- I spoke with Tom -----Original Message ----- From: Nioetta, Robert Sent: Tuesday, May 27, 2003 4:41 PM To: Rees, Mark Cc: Griffin, Heidi Subject: RE: Neon lights Hello Mark -- The manager of Main Street Liquors will be in my office at 10 AM Thursday the 29th. She informed me that she now has a new design for the sign and is anxious too install it if it meets the Sign By law. I will work with her and inform you of the results. Thanks for your patience, Bob -----Original Message From: Rees, Mark Sent: Tuesday, May 27, 2003 7:21 AM To: Nicetta, Robert Cc: Griffin, Heidi Subject: RE: Neon lights Hi Bob, any progress on this initiative? Also, have you had a chance to talk to the owner of Main street liquors about fixin their sign?, Thanks Mark ---Original Message ----- From: Nicetta, Robert Sent: Monday, May 05, 2003 10:17 AM To: Rees, Mark Subject: RE: Neon lights Good Moming Mark — I am completing a notice of violation on the neon tube signs and will fax it to Tom for his approval. It should be in his office by late aftemoon or earlier. Pursuant to the sign by law Section 6.5 — Prohibitions -- Paragraph 3 "No sign shall be illuminated in any Residential District between the hours of 12:00 midnight and 6:00 Am unless indicating time or temperature or an establishment open to the public during those hours. I will check with Tom as residential use is allowed in the General Business District and perhaps it may be possible to extend the prohibited hours to the GB District. Bob -----Original Message ----- From: Rees, Mark Sent: Saturday, May 03, 2003 10:29 AM To: Nioetta, Robert Cc: Tom Urbells; Rosemary Smedile Subject: Neon lights Hi Bob, As a reminder you were going to review with Tom your interpretation of the town's sign by-law that would allow you to prohibit the use of neon tube lights that entirely surround a business's windows. Also could you please check with Tom regarding whether or not we can require business owners to tum off lighted signs when they are not open for buisness? Thanks, Mark Nicetta, Robert From: Nicetta, Robert Sent: Monday, May 05, 2003 10:17 AM To: Rees, Mark Subject: RE: Neon lights Good Morning Mark -- I am completing a notice of violation on the neon tube signs and will fax it to Tom for his approval. It should be in his office by late afternoon or earlier. Pursuant to the sign by law Section 6.5 -- Prohibitions -- Paragraph 3 "No sign shall be illuminated in any Residential District between the hours of 12:00 midnight and 6:00 Am unless indicating time or temperature or an establishment open to the public during those hours. I will check with Tom as residential use is allowed in the General Business District and perhaps it may be possible to extend the prohibited hours to the GB District. :.• -----Original Message----- Frorro Rees, Mark Sent: Saturday, May 03, 2003 10:29 AM To: Nloetta, Robert Cc: Tom Urbells; Rosemary Smedile Subject; Neon lights Hi Bob, As a reminder you were going to review with Tom your interpretation of the town's sign by-law that would allow you to prohibit the use of neon tube lights that entirely surround a business's windows. Also could you please check with Tom regarding whether or not we can require business owners to turn off lighted signs when they are not open for buisness? Thanks, Mark Tracking: Recipient Read Rees, Mark 1/: IS ►� 5/d%/p3 Read: 5FSW 1:28 PM �3 t- �--. My -AA,,-,- This is to inform you that your window sign(s) is believed to be in violation of Section 6 - - Signs And Sign Lighting Regulations of the North Andover Zoning By law. Pursuant to Section 6.3, Paragraph 19 — SIGN SIZE (AREA) — `°The surface area of any sign is the entire area within a single perimeter enclosing the extreme limits of lettering, representation, emblems, or other figures, together with any material or color forming an integral part of the display used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included". 2. Pursuant to Section 6.5, Paragraph 1— Prohibitions — reads in part "Internally lit signs are not allowed". Please provide a copy, if any, of your window sign permits for your location. If you are unable to produce any sign permit(s) for the prohibited signs, they must be removed immediately upon receipt of this notification of violation. Section 10.3 of the North Andover Zoning By-law reads that: "Whoever continues to violate the provisions of this By-law after written notice from the Budding Inspector demanding an abatement of a zoning violation within a reasonable time, shall be subject to a fine of Three Hundred Dollars ($300.00). Each day that such violation continues shall be considered a separate offense". Pursuant to Section 10.4 of the Zoning By-law, you may grieve this decision within thirty (30) days to the Zoning Board of Appeals. Thank you for your cooperation in this matter. Nicetta, Robert From: Nicetta, Robert Sent: Monday, May 05, 2003 10:17 AM To: Rees, Mark Subject: RE: Neon lights Good Moming Mark -- I am completing a notice of violation on the neon tube signs and will fax it to Tom for his approval. It should be in his office by late aftemoon or earlier. Pursuant to the sign by law Section 6.5 — Prohibitions -- Paragraph 3 "No sign shall be illuminated in any Residential District. between the hours of 12:00 midnight and 6:00 Am unless indicating time or temperature or an establishment open to the public during those hours. I will check with Tom as residential use is allowed in the General Business District and perhaps it may be possible to extend the prohibited hours to the GB District. c., --Original Message— From Rees, Mark Sent: Saturday, May 03, 200310:29 AM To: Nketta, Robert Cc: Tom Urbelis; Rosemary Smedile Subject: Neon lights Hi Bob, As a reminder you were going to review with Tom your interpretation of the town's sign by-law that would allow you to prohibit the use of neon tube lights that entirely surround a business's windows. Also could you please check with Tom regarding whether or not we can require business owners to tum off lighted signs when they are not open for buisness? Thanks, Mark Tracking: Recipient Read Rees, Mark Read: 55J17Ci 1:25 PM This is to inform you that your window sign(s) is believed to be in violation of Section 6 - - Signs And Sign Lighting Regulations of the North Andover Zoning By law: Pursuant to Section 6.3, Paragraph 19 — SIGN SIZE (AREA) — `The surface area of any sign is the entire area within a single perimeter enclosing the extreme limits of lettering, representation, emblems, or other figures, together with any material or color forming an integral part of the display used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shah not be included". 2. Pursuant to Section 6.5, Paragraph 1— Prohibitions — reads in part "Internally lit signs are not allowed". Please provide a copy, if any, of your window sign permits for your location. If you are unable to produce any sign permit(s) for the prohibited signs, they must be removed immediately upon receipt of this notification ofviolation. Section 10.3 of the North Andover Zoning By-law reads that: "Whoever continues to violate the provisions of this By-law after written notice from the Budding Inspector demanding an abatement of a zoning violation within a reasonable time, shall be subject to a fine of Three Hundred Dollars ($300.00). Each day that such violation continues shall be considered a separate offense". Pursuant to Section 10.4 of the Zoning By-law, you may grieve this decision within thirty (30) days to the Zoning Board of Appeals. Thank you for your cooperation in this matter. TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 July 17, 2003 Mr. Konstantinos Balos 66 Meadowood Road North Andover, MA 01845 Dear Mr. Balos: TEL (978) 688-9516 FAX (978) 688-9556 Your recent letter to Town Manager Mark Rees regarding Material Installations, Inc. was forwarded to me for follow-up and response. Over the past weeks, I have met with Building Commissioner Robert Nicetta several times to review your issues. Mr. Nicetta has had multiple discussions and meetings with representatives of Material Installations regarding your concerns. The company claims that their daily activities begin at 7:00 a.m. as required. This includes all truck operations. This obviously differs significantly from the activity log you provided for a 4'h month period. Regarding the noise and truck issues, I have notified the Police Department to dispatch a patrol unit several times during the night hours to the location (11 Bayfield Drive) to ensure that there is no truck activity (either idling or fueling). I have also asked that these nightly dispatches occur at random times. Regarding the zoning by-law issues you raise, I have forwarded your letter to Mr. William Sullivan, Chairman of the Zoning Board of Appeals. If you wish to address the matter before the ZBA, you can file the appropriate paperwork at the ZBA office located at 27 Charles Street as part of the Community Development & Services Division. Sincerely, 8Q Iso- f _O_ 'C' 7 Raymond T. Santilli Assistant Town Manager & Human Resources Director cc., Mark Rees, Town Manager Robert Nicetta, Building Commissioner William Sullivan, Chairman, ZBA °F NOR7h 1 41O `�t�en gee Raymond T Santilli Assistant Town Manager ° ;_ '` - p : ' ; & Human Resources Director o 4SS'q USES July 17, 2003 Mr. Konstantinos Balos 66 Meadowood Road North Andover, MA 01845 Dear Mr. Balos: TEL (978) 688-9516 FAX (978) 688-9556 Your recent letter to Town Manager Mark Rees regarding Material Installations, Inc. was forwarded to me for follow-up and response. Over the past weeks, I have met with Building Commissioner Robert Nicetta several times to review your issues. Mr. Nicetta has had multiple discussions and meetings with representatives of Material Installations regarding your concerns. The company claims that their daily activities begin at 7:00 a.m. as required. This includes all truck operations. This obviously differs significantly from the activity log you provided for a 4'h month period. Regarding the noise and truck issues, I have notified the Police Department to dispatch a patrol unit several times during the night hours to the location (11 Bayfield Drive) to ensure that there is no truck activity (either idling or fueling). I have also asked that these nightly dispatches occur at random times. Regarding the zoning by-law issues you raise, I have forwarded your letter to Mr. William Sullivan, Chairman of the Zoning Board of Appeals. If you wish to address the matter before the ZBA, you can file the appropriate paperwork at the ZBA office located at 27 Charles Street as part of the Community Development & Services Division. Sincerely, 8Q Iso- f _O_ 'C' 7 Raymond T. Santilli Assistant Town Manager & Human Resources Director cc., Mark Rees, Town Manager Robert Nicetta, Building Commissioner William Sullivan, Chairman, ZBA June 12, 2003 Town of North Andover Mark Rees, Town Manager 120 Main Street North Andover, MA 01845 Subject: Citizen Complaint for Investigation Re • M t 66 Meadowood Road North Andover, MA 01845-5.927 _0f( Com+ a erials Installations, Inc., 11 Bayfield Drive, North Andover, MA. Dear Mr. Rees: This letter serves as a formal complaint against Material Installations, Inc., regarding an ongoing nuisance due to shipping -related noise. Details My family and I use 66 Meadowood Road as our primary residence. This consists of in wife and two (2) children, ages 1 and 3 years old. y The Town of North Andover classifies my property as `Residential -6.' 11 Bayfield Drive d/b/a Material Installations, Inc is classified as `Industrial -1.' Material Installations, Inc borders the backside of my house. The noise caused by Material Installations is a nuisance and unreasonably interferes with the comfort of my family and myself. This has made the backside of my house unsuitable for quiet enjoyment. The source of the nuisance is the shipping area activity to include: a) Shipping dock operations beginning at or before 6:00 a.m. Monday through Friday including Saturdays; b) Mechanical operation of trucks and related machinery (i.e., waste disposal); c) Extensive twell over 5 minutes) idling of trucks (overnight as well as during shipping dock operations); d) Nighttime activities (e.g., truck operations - truck fueling, truck idling, etc.); and e) Loud voices of workers. The noise is so common, that my family and I have routinely had our sleep interrupted during the night as well as during the morning hours. The truck noise includes the engine, the drivetrain, exhaust, tire/road contact, and braking. The trucks also cause vibration and infrasound (low frequency noise). Typically, the noise has a rapid start rate. This is caused by the abruptness of an approaching truck, the starting of the engine as well as truck movement and stopping (which cause increased accelerations). The shipping dock activity includes the routine use of trucks parked near the property line. For the most part, these trucks are unnecessarily left idling for extended periods. A typical example was last night and this morning. On Wednesday, June 11, 2003, at approximately 10:45 in the evening, a truck was idling in the shipping area while it was fueling the other trucks. At approximately 6 o'clock the following morning, two trucks were started and left idling. One of the trucks idled in its parked position until almost 7 o'clock. In both instances, my family and I had our sleep interrupted. " Based on the different times of operation, it feels as if Material Installations operates on a 24-hour basis. Furthermore, the noise and vibration is so great that my family and I are alerted to incoming traffic before the truck has even entered the shipping area. As stated earlier, 11 Bayfield Drive d/b/a Material Installations Inc is classified by the town as `Industrial -1.' Regarding the type of business, article 2, paragraph 1 of the Articles of Organization for Material Installations states "to store, warehouse, transport and deliver all types and kinds of office furniture or related systems." Likewise, the Merrimack Valley Planning Commission (MVPC) indicates that the primary business of Material Installations is "Office Furniture and Equipment Installation (Whol)." Zoning by-laws, paragraph 13 of section 4.132 (Industrial 1 District) states that "warehousing and wholesaling shall be permitted only as a seco_ ndaru use." In addition, paragraph 15 states "parking, indoor storage and other accessory uses customarily associated withthe above uses, provided that such accessory use shall not be injurious noxious or offensive to the neighborhood." Note: The text of the North Andover zoning by-laws referenced in this letter is identical to the 1987 version. Paragraph 11 also of section 4.132 states: "Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing, or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided such are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect." Note: Chapter 40A, Section 7 of the General Laws of Massachusetts states that "the inspector of buildings, building commissioner or local inspector ... shall be charged with the enforcement of the zoning ordinance or by-law." In the Commonwealth, noise is treated as an emission of sound, and is regulated as a source of air pollution. Section 7:1 ?:11 of the Code of Massachusetts Regulations (CMR) states the following with regard to motor vehicles: "(b) No person shall cause, suffer, allow, or permit the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes. " Note: Massachusetts Department of Environmental Protection (DEP) representative Ed Pawlowski (978-661-7630) informed me that DEP regulations are enforceable by the town under 310 CMR 7.52. As you are aware, the town of North Andover has earned a label of distinction. This is directly attributed to the effectiveness and responsible -nature of the town government. This includes our town's representative to the MVPC. The MVPC indicates that its primary mission is "to support the orderly growth of the region as a desirable place to live and work." I submit that this mission has not been accomplished with regard to Material Installations and the community. I am a firm believer in first attempting to resolve disputes on a personal basis. On February 3, 2003, I met with T.J. Doherty, Operations Manager for Material Installations. Mr. Doherty informed me that he is aware of the truck noise and that truck drivers are notified in advance not to idle next to the bordering residential homes. Regarding hours of ,, operation, Mr. Doherty stated that Material Installations received Board of Selectmen approval to begin at 6 in the morning. On March 3, 2003, I met with Mr. Doherty in hope of reaching a mutually beneficial solution to the noise nuisance. Mr. Doherty stated that he communicated my concerns from our February 3rd meeting to Michael Farrow, Treasurer of Material Installations. Mr. Doherty stated that it is the position of Material Installations to maintain a good relationship with its neighbors. As a solution, I suggested the installation of noise abatement windows on the area of my home affected by the noise. Mr. Doherty stated that he would arrange a meeting between Mr. Farrow and myself to discuss this issue. On March 19, 2003, having not heard from Material Installations, I sent a letter via certified mail to Material Installations detailing the noise problem. As a mutually beneficial solution, I proposed that Material Installations share the costs related to the installation of noise abatement windows on the backside of my house. Note: The Acoustical Insulating Window System referenced in my letter is specifically designed to reduce unwanted noise affecting residential communities (i.e., aircraft, trains and automobiles). On March 26, 2003, I requested the assistance of Selectman Stewart in mediating the dispute. On April 7, 2003, Mr. Stewart informed me that he discussed the matter with Mr. Doherty. Mr. Stewart told me that Mr. Doherty said that Material Installations would not pay for the windows due to concerns that other neighbors would want a similar settlement. Note: There are approximately 3 other homes that border the shipping area of Material Installations. As you are aware, on April 10, 2003, I submitted a public records request for all documents related to Material Installations. On May 14, 2003, I received a packet containing records from the town. This included: a) North Andover Police records detailing noise complaints about Material Installations from at least early 1998. b) No records indicating that Material Installations received Board of Selectmen approval to operate at 6 in the morning. c) A Site Plan Review (August 3, 1987) recognizing concerns with regard to trucks, noise and activity at night. The plan indicates the use of "evergreens and fencing to be looked into for possible noise barriers." d) Conditional approval of the Special Permit by the Planning Board (August 31, 1987). Regarding noise concerns, proponents "admit that into the winter months a lack of foliage in the intervening woods may be cause for concern." e) Paragraph 5 of the conditional approval (September 2, 1987) indicates a landscape plan that includes a "row of planted arborvitae to the rear of the building." The plan also includes "a six (6) foot closed stockade fence be erected along the property line." The landscape along the property line consists of one (1) row of trees. Preliminary consultations with noise experts indicate that this landscape along with the fence is an unacceptable noise barrier. Research from the Washington State Department of Transportation (WSDOT), Environmental and Special Services Section, indicates that it would take at least 100 feet of dense vegetation to provide the same acoustical benefit as a noise wall. Furthermore, the Federal Highway Administration (FHWA), Office of Environment and Planning Noise and Air Quality Branch does not consider the planting of vegetation to be a noise abatement measure. The planting of trees and shrubs provides only psychological benefits and may be provided for visualPrivacy, or aesthetic treatment not noise abatement. On May 23, 2003, Building Commissioner Robert Nicetta contacted me. Mr. Nicetta stated that he was notified of my concerns and that I should file a formal complaint with the town. On May 30, 2003, a letter was sent from Attorney Matthew Donahue to Material Installations via certified mail. The letter informed Material Installations that Mr. Donahue was representing me on this matter and restated the proposal originally made on March 19, 2003. To date, Material Installations had not responded to either correspondence. On June 10, 2002, Mr. Nicetta informed me that he visited Material Installations. Mr. Nicetta stated that Mr. Farrow informed him that truck activity starts at 7 in the morning and that truck operators are informed not to park in the rear. Mr. Nicetta also stated that Mr. Farrow told him that damaged evergreens would be replaced along the property line. As referenced in this letter, the trees provide no barrier to noise. The claims by Material Installations regarding its operations are not supported for reasons as outlined in this letter. Specifically, that a) Board of Selectmen approval was given to operate at 6 in the morning; b) that trucking activity starts at 7 in the morning and c) that trucks do not park in the rear of the building (adjacent to the residential property line). I have attached a spreadsheet indicating an extensive amount of nighttime and early morning activity associated with Material Installations It is not unreasonable to expect absolute quiet in a residential community during commonly arrenti-rl rnTiat hrn,ro Ate. t„ T , , r -- -1-- --�._. >o a �ay.iicvwneu, ani entiuea rights to enjoy the full use of my property without unreasonable interference. I have been very patient in trying to resolve this matter. My attempts thus far have not been successful. I am respectfully requesting the assistance of the town. I airy available to attend any meetings and/or provide further information. Should you require additional information, please contact me at the above address or via telephone at 978-683-3414 (home) or 617-557-1235 (work). Thank -you for your time and assistance with this important matter. Attachments cc, North Andover Meadowood Road Residents Attorney Matthew C. Donahue Sincerely, n =� Konstantinos "Dino' Balos A �-OP,LL S : 30c� Z H, t9 i' �`' ij N CL�, �t��id�-•� �Q L .. TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 E NORTH 1 Raymond T Sant -illi Assistant Town Manager f ; & Human Resources Director 1,9SSgCF1U5Ej�h July 17, 2003 Mr. Konstantinos Balos 66 Meadowood Road North Andover, MA 01845 Dear Mr. Balos: TEL (978) 688-9516 FAX (978) 688-9556 Your recent letter to Town Manager Mark Rees regarding Material Installations, Inc. was forwarded to me for follow-up and response. Over the past weeks, I have met with Building Commissioner Robert Nicetta several times to review your issues. Mr. Nicetta has had multiple discussions and meetings with representatives of Material Installations regarding your concerns. The company claims that their daily activities begin at 7:00 a.m. as required. This includes all truck operations. This obviously differs significantly from the activity log you provided for a 4'/z month period. Regarding the noise and truck issues, I have notified the Police Department to dispatch a patrol unit several times during the night hours to the location'(11 Bayfield Drive) to ensure that there is no truck activity (either idling or fueling). I have also asked that these nightly dispatches occur at random times. Regarding the zoning by-law issues you raise, I have forwarded your letter to Mr. William Sullivan, Chairman of the Zoning Board of Appeals. If you wish to address the matter before the ZBA, you can file the .appropriate paperwork at the ZBA office located at 27 Charles Street as part of the Community Development & Services Division. Sincerely, ,qr.)_7 1_1.1'C'_j-- - .. i - f_oz Raymond T. Santilli Assistant Town Manager & Human Resources Director cc., Mark Rees, Town Manager Robert Nicetta, Building Commissioner Iiam Sullivan, Chairman, ZBA JUL. 2 2'20 03 2003 BOARD OF APPEALS June 12, 2003 Town of North Andover Mark Rees, Town Manager 120 Main Street North Andover, MA 01845 66 Meadowood Road North Andover, MA 0I_8'__4-_5-'5'0_2_?, Subject: Citizen Complaint for Investigation Re: Materials Installations, Inc., 11 Bayfield Drive, North Andover, MA. Dear Mr. Rees: This letter serves as a formal complaint against Material Installations, Inc., regarding an ongoing nuisance due to shipping -related noise. Details My family and I use 66 Meadowood Road as our primary residence. This consists of my wife and two (2) children, ages 1 and 3 years old. The Town of North Andover classifies my property as `Residential -6.' 11 Bayfield Drive d/b/a Material Installations, Inc is classified as `Industrial -1.' Material Installations, Inc borders the backside of my house. The noise caused by Material Installations is a nuisance and unreasonably interferes with the comfort of my family and myself. This has made the backside of my house unsuitable for quiet enjoyment. The source of the nuisance is the shipping area activity to include: a) Shipping dock operations beginning at or before 6:00 a.m. Monday through Friday including Saturdays; b) Mechanical operation of trucks and related machinery (i.e., waste disposal): c) Eaten sure (.x�Pll over 5 ��lin�utes) idling of trucks (overnight as well as during shipping dock operations); d) Nighttime activities (e.g., truck operations - truck fueling, truck idling, etc.); and e) Loud voices of workers. The noise is so common, that my family and I have routinely had our sleep interrupted during the night as well as during the morning hours. The truck noise includes the engine, the drivetrain, exhaust, tire/road contact, and braking. The trucks also cause vibration and infrasound (low frequency noise). Typically, the noise has a rapid start rate. This is caused by the abruptness of an approaching truck, the starting of the engine as well as truck movement and stopping (which cause increased accelerations). The shipping dock activity includes the routine use of trucks parked near the property line. For the most part, these trucks are unnecessarily left idling for extended periods. A typical example was last night and this morning. On Wednesday, June 11, 2003, at approximately 10:45 in the evening, a truck was idling in the shipping area while it was fueling the other trucks. At approximately 6 o'clock the following morning, two trucks were �5 �� ( idling. One of the trucks idled in its parked position until almost 7 o'clock. n oth Inst s, my family and I had our sleep interrupted. JUL 2 2 2003 BOARD OF APPEALS Based on the different times of operation, it feels as if Material Installations operates on a 24-hour basis. Furthermore, the noise and vibration is so great that my family and I are alerted to incoming traffic before the truck has even entered the shipping area. As stated earlier, 11 Bayfield Drive d/b/a Material Installations, Inc is classified by the town as `Industrial -1.' Regarding the type of business, article 2, paragraph 1 of the Articles of Organization for Material Installations states "to store, warehouse, transport and deliver all types and kinds of office furniture or related systems." Likewise, the Merrimack Valley Planning Commission (MVPC) indicates that the primary business of Material Installations is "Office Furniture and Equipment Installation (Whol). Zoning by-laws, paragraph 13 of section 4.132 (Industrial 1 District) states that "warehousing and wholesaling shall be permitted only as a seco_ ndaru use." In addition, paragraph 15 states "parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be inn�rious noxious or offensive to the neighborhood." Note: The text of the North Andover zoning by-laws referenced in this letter is identical to the 1987 version. Paragraph 11 also of section 4.132 states: "Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, .packing, or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided such are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration light or other adverse environmental effect. " Note: Chapter 40A, Section 7 of the General Laws of Massachusetts states that "the inspector of buildings, building commissioner or local inspector .. . shall be charged with the enforcement of the zoning ordinance or by-law." In the Commonwealth, noise is treated as an emission of sound, and is regulated as a source of air pollution. Section 7:11 of the Code of Massachusetts Regulations (CMR) states the following with regard to motor vehicles: "(b) No person shall cause, suffer, allow, or permit the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes. " Note: Massachusetts Department of Environmental Protection (DEP) representative Ed Pawlowski (978-661-7630) informed me that DEP regulations are enforceable by the town under 310 CMR 7.52. As you are aware, the town of North Andover has earned a label of distinction. This is directly attributed to the effectiveness and responsible -nature of the town government. This includes our town's representative to the MVPC. The MVPC indicates that its primary mission is "to support the orderly growth of the region as a desirable place to live and work." I submit that this mission has not been accomplished with regard to Material Installations and the community. I am a firm believer in first attempting to resolve disputes on a personal basis. On February 3, 2003, I met with T.J. Doherty, Operations Manager for Material Installations. Mr. Doherty informed me that he is aware of the truck noise and that truck drivers are notified in advance not to idle next to the bordering residential homes. Regarding hours of operation, Mr. Doherty stated that Material Installations received Board of Selectmen approval to begin at 6 in the morning. On March 3, 2003, I met with Mr. Doherty in hope of reaching a mutually beneficial solution to the noise nuisance. Mr. Doherty stated that he communicated my concerns from our February 3rd meeting to Michael Farrow, Treasurer of Material Installations. Mr. Doherty stated that it is the position of Material Installations to maintain a good relationship with its neighbors. As a solution, I suggested the installation of noise abatement windows on the area of my home affected by the noise. Mr. Doherty stated that he would arrange a meeting between Mr. Farrow and myself to discuss this issue. On March 19, 2003, having not heard from Material Installations, I sent a letter via certified mail to Material Installations detailing the noise problem. As a mutually beneficial solution, I proposed that Material Installations share the costs related to the installation of noise abatement windows on the backside of my house. Note: The Acoustical Insulating Window System referenced in my letter is specifically designed to reduce unwanted noise affecting residential communities (i.e., aircraft, trains and automobiles). On March 26, 2003, I requested the assistance of Selectman Stewart in mediating the dispute. On April 7, 2003, Mr. Stewart informed me that he discussed the matter with Mr. Doherty. Mr. Stewart told me that Mr. Doherty said that Material Installations would not pay for the windows due to concerns that other neighbors would want a similar settlement. Note: There are approximately 3 other homes that border the shipping area of Material Installations. As you are aware, on April 10, 2003, I submitted a public records request for all documents related to Material Installations. On May 14, 2003, I received a packet containing records from the town. This included: a) North Andover Police records detailing noise complaints about Material Installations from at least early 1998. b) No records indicating that Material Installations received Board of Selectmen approval to operate at 6 in the morning. c) A Site Plan Review (August 3, 1987) recognizing concerns with regard to trucks, noise and activity at night. The plan indicates the use of "evergreens and fencing to be looked into for possible noise barriers." d) Conditional approval of the Special Permit by the Planning Board (August 31, 1987). Regarding noise concerns, proponents "admit that into the winter months a lack of foliage in the intervening woods may be cause for concern." e) Paragraph 5 of the conditional approval (September 2, 1987) indicates a landscape plan that includes a "row of planted arborvitae to the rear of the building." The plan also includes "a six (6) foot closed stockade fence be erected along the property line." The landscape along the property line consists of one (1) row of trees. Preliminary consultations with noise experts indicate that this landscape along with the fence is an unacceptable noise barrier. Research from the Washington State Department of Transportation (WSDOT), Environmental and Special Services Section, indicates that it would take at least 100 feet of dense vegetation to provide the same acoustical benefit as a noise wall. Furthermore, the Federal Highway Administration (FHWA), Office of Environment and Planning Noise and Air Quality Branch does not consider the planting of vegetation to be a noise abatement measure. The planting of trees and shrubs provides only psychological benefits and may be provided for visual privacy, or aesthetic treatment not noise abatement. On May 23, 2003, Building Commissioner Robert Nicetta contacted me. Mr. Nicetta stated that he was notified of my concerns and that I should file a formal complaint with the town. On May 30, 2003, a letter was sent from Attorney Matthew Donahue to Material Installations via certified mail. The letter informed Material Installations that Mr. Donahue was representing me on this matter and restated the proposal originally made on March 19, 2003. To date, Material Installations had not responded to either correspondence. On June 10, 2002, Mr. Nicetta informed me that he visited Material Installations. Mr. Nicetta stated that Mr. Farrow informed him that truck activity starts at 7 in the morning and that truck operators are informed not to park in the rear. Mr. Nicetta also stated that Mr. Farrow told him that damaged evergreens would be replaced along the property line. As referenced in this letter, the trees provide no barrier to noise. The claims by Material Installations regarding its operations are not supported for reasons as outlined in this letter. Specifically, that a) Board of Selectmen approval was given to operate at 6 in the morning; b) that trucking activity starts at 7 in the morning and c) that trucks do not park in the rear of the building (adjacent to the residential property line). I have attached a spreadsheet indicating an extensive amount of nighttime and early morning activity associated with Material Installations It is not unreasonable to expect absolute quiet in a residential community during commonly a(`reYltPf� !'17�1Pt }y�iiro A� L. ........,.�__._.. ,.� r i r �._�. •» a a�vliicvwiiGl, tarn entitled rights to enjoy the full use of my property without unreasonable interference. I have been very patient in trying to resolve this matter. My attempts thus far have not been successful. I am respectfully requesting the assistance of the town. I am available to attend any meetings and/or provide further information. Should you require additional information, please contact me at the above address or via telephone at 978-683-3414 (home) or 617-557-1235 (work). Thank -you for your time and assistance with this important matter. Sincerely, Attachments Konstantinos "Dino' Balos cc: North Andover Meadowood Road .Residents Attorney Matthew C. Donahue X1-05 CT79 I-� 4yn - 5 57 1 6\1 5t>a-1�;� L-tJOl1IJ 03 5Dr'vl e n 5 1 66 Y+- ow Pod . ,� I io,"0/1PLI imDye- r 5 lr�t � ✓e PSS �n c. c � - / 5 + 1 Ciio►� L4 1), vl� 5 dp(l ISoLM e- 7 �OL ki r► i 1"i SMUGLI2/CS/V03/L046 REPORT # 122 TOWN OF NORTH ANDOVER YEAR 2003 PERIOD 07 TO 06 PAGE: 1 TIME: 14:50:52 OPTION ID 176 BUDGET CONTROL REPORT 1760 PREPARED: JUL 22, 2003 AS OF: JUL 22, 2003 REPORT #122 ( } A -TYPE (j B -FUND ( ) C -DEPT (2) D -LINE ITEM O E -PROJECT () F -LOCATION { ) G -GROUP { } H -ALT SORT1 ( ) I -ALT SORT2 () J -ALT SORT3 () K -ALT SORT4 SUB TOTAL? PAGE BREAK? N N PRINT CONTROL TOTALS? (YIN) N GROUP TOTALS WITH CONTROL TOT? (YIN): N SUMMARY ONLY (Y/N): N SPACING: 1 1 -SINGLE SUPPRESS ZERO ACCTS (YIN): Y 2 -DOUBLE REPORT DATE: 07/22/03 3 -TRIPLE PERIOD : 07 TO 06 YEAR (<C>UR or <N>EXT): C STARTING DATE: 01/01/00 ENDING DATE: 12/31/99 ENCUMBER GROUP 1 AVAILABLE BALANCE? N CONSOLIDATION TABLE: 1760 BOARD OF APPEALS FROM: T0: TYP FND DEPT ITEM PROJ LOC GRP CTRL TYP FND DEPT ITEM PROJ LOC GRP CTRL 001-1760-5000-0000-0000 0 0 6 001-1760-5999-8999-0000 9 9 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 66 Mf-'Idolv ood L-JO6f k)- wb�G� /I i I kL : Imoyc J` lr U� 4✓0- P5, l/c>i L l S )Qi"►�---�tq OL� I I 1 1), j I dp(l 1)0 -ti a-�e- q- 77, 4e- 0 CA\., � ol vl � v �� bti✓e ✓ s SMUGLI2/CS/V03/L046 REPORT # 122 TOWN OF NORTH ANDOVER YEAR 2003 PERIOD 07 TO 06 PAGE: 1 TIME: 14:50:52 OPTION ID 176 BUDGET CONTROL REPORT 1760 PREPARED: JUL 22, 2003 AS OF: JUL 22, 2003 REPORT #122 ( ) A -TYPE () B -FUND O C -DEPT (2) D -LINE ITEM () E -PROJECT ( ) F -LOCATION ( ) G -GROUP () H -ALT SORT1 ( ) I -ALT SORT2 () J -ALT SORTS () K -ALT SORT4 SUB TOTAL? PAGE BREAK? N N PRINT CONTROL TOTALS? (Y/N) N GROUP TOTALS WITH CONTROL TOT? (Y/N): N SUMMARY ONLY (Y/N): N SPACING: 1 1 -SINGLE SUPPRESS ZERO ACCTS (Y/N): Y 2 -DOUBLE REPORT DATE: 07/22/03 3 -TRIPLE PERIOD : 07 TO 06 YEAR (<C>UR or <N>EXT): C STARTING DATE: 01/01/00 ENDING DATE: 12/31/99 ENCUMBER GROUP 1 AVAILABLE BALANCE? N CONSOLIDATION TABLE: 1760 BOARD OF APPEALS FROM: T0: TYP FND DEPT ITEM PROJ LOC GRP CTRL TYP FND DEPT ITEM PROJ LOC GRP CTRL 6 001-1760-5000-0000-0000 0 0 6 001-1760-5999-8999-0000 9 9 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 0 000-0000-0000-0000-0000 0 0 t 1 SMUGLI2/CS/V03/L046 REPORT # 122 TOWN OF NORTH ANDOVER YEAR 2004 PERIOD 07 TO 06 PAGE: 1 TIME: 14:46:23 OPTION ID TCLERK122A BUDGET CONTROL REPORT 1610 PREPARED: JUL 22, 2003 AS OF: JUL 22, 2003 YTD YTD YTD PCT LINE CUR MONTH ORIGINAL ADJUSTED ACTUAL UNEXPENDED YTD AVAILABLE EXP FUND DEPT ITEM PROJ LOC ---- ---- ---- ---- ---- TOTAL EXP ---------------------- BUDGET BUDGET ---------------------- EXPENDED BALANCE ----------- ENCUMBERED ----------- BALANCE ----------- BAL --- 001 1610 5111 SALARIES - FULL TIME .00 120,547.00 120,547.00 7,089.78 113,457.22 .00 113,457.22 5.9 FUND-GENERAL FUND DEPT-TOWN CLERK 001 1610 5112 WAGES - PART TIME .00 2,160.00 2,160.00 180.03 1,979.97 .00 1,979.97 8.3 001 1610 5140 LONGEVITY .00 1,650.00 1,650.00 .00 1,650.00 .00 1,650.00 0.0 001 1610 5240 REPAIRS AND MAINTENANCE .00 4,000.00 4,000.00 .00 4,000.00 .00 4,000.00 0.0 001 1610 5270 EQUIPMENT RENTAL/LEASE .00 3,500.00 3,500.00 .00 3,500.00 .00 3,500.00 0.0 001 1610 5301 OUTSIDE PROFESSIONAL SERVICE .00 2,000.00 2,000.00 .00 2,000.00 .00 2,000.00 0.0 001 1610 5310 SPECIAL TOWN MEETING EXPENSE .00 5,000.00 5,000.00 .00 5,000.00 .00 5,000.00 0.0 001 1610 5318 ELECTION & MEETING WORKERS .00 32,000.00 32,000.00 .00 32,000.00 .00 .32,000.00 0.0 001 1610 5321 CONFERENCES IN STATE .00 1,500.00 1,500.00 .00 1,500.00 .00 1,500.00 0.0 001 1610 5341 TELEPHONE .00 2,000.00 2,000.00 .00 2,000.00 .00 2,000.00 0.0 001 1610 5342 POSTAGE SERVICES .00 13,500.00 13,500.00 .00 13,500.00 .00 13,500.00 0.0 001 1610 5343 BINDING .00 2,500.00 2,500.00 .00 2,500.00 .00 2,500.00 0.0 001 1610 5347 ELECTION EXPENSES .00 5,000.00 5,000.00 .00 5,000.00 .00 5,000.00 0.0 001 1610 5391 OUTSIDE DETAIL .00 5,000.00 5,000.00 .00 5,000.00 .00 5,000.00 0.0 001 1610 5420 OFFICE SUPPLIES .00 7,000.00 7,000.00 .00 7,000.00 .00 7,000.00 0.0 001 1610 5423 PRINTING AND FORMS .00 12,000.00 12,000.00 .00 12,000.00 .00 12,000.00 0.0 (e,//u O�d S G--� c' S G--� Nicetta, Robert From: Nicetta, Robert Sent: Wednesday, April 16, 200311:45 AM To: Robertson, Karen Cc: Rees, Mark; Santilli, Ray; Griffin, Heidi Subject: Request for Information — 66 Meadowood Road Karen — I will have researched files and records pertaining to the Public Records request of Mr. K. Dino Balos of 66 Meadowood Road. In order for me to reach a conclusion, it will be necessary for me the search the records at Northern Essex Registry of Deeds pertaining to the Industrial Park in question. 1 will attempt to do this the week of April 20th, the exact date I do not know. Tracking: Redplent Read Robertson, Karen Read: 4118M 10:48 AM Rees, Mark Read: 4116M 10:47 AM Santilli, Ray Read: 4116x0310:45 AM Griffin, Heidi Nicetta, Robert From: Nicetta, Robert Sent: Wednesday, April 16, 2003 11:45 AM To: Robertson, Karen Cc: Rees, Mark; Santilli, Ray; Griffin, Heidi Subject: Request for Information — 66 Meadowood Road Karen — will have researched files and records pertaining to the Public Records request of Mr. K. Dino Balos of 66 Meadowood Road. In order for me to reach a conclusion, it will be necessary for me the search the records at Northem Essex Registry of Deeds pertaining to the Industrial Park in question. I will attempt to do this the week of April 20th, the exact date I do not know. :.. Tracking: Recipient Read Robertson, Karen Read: 4116)0310:48 AM Rees, Mark Read: 4/16)0310:47 AM Santilli, Ray Read: 4/16)0310:45 AM Griffin, Heidi TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Mark H. Rees(�I Telephone (978) 688-9510 Town Manager ° FAX (978) 688-9556 � ^i MEMO TO: D. Robert Nicetta, Building Commissioner Michel Glennon, Board of Appeals Julie Parrino, Conservation Administrator Justin Woods, Town Planner Sandra Starr, Health Administrator Donna Mae D'Agata, Adm. Asst., CD&S Richard Stanley, Police Chief William Hmurciak, Director, Public Works Joyce Bradshaw, Town Clerk FROM: Karen A. Robertson, Administrative Assistant DATE: April 14, 2003 RE: Request for Information Enclosed please find a Public Records Request from K. Dino Balos, 66 Meadowood Road, North Andover. Please provide this office with copies of the information requested in the attached correspondence pertaining to your office. We would appreciate receiving this information at your earliest convenience. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me. Cc: Mark Rees, Town Manager RECEIVED --2.003 BUILDING DEPT. r 04/10/03 12:07 FAX 6.17 565 7528 April 10, 2003 66 Meadowood F oad North Andover, MA 01845-5927 TOWN MANAGER'S OFFICE MARK REES, TOWN MANAGER 120 MAIN STREET NORTH ANDOVER MA via fax: 978-688-9556 Subject: Citizen Public Records Request Re: Material Installations Inc., 11 Bayfield Drive, North And:)ve.r To Whom It May Concern: Pursuant to the Massachusetts Public Records Law, this letter ,.crves as a. request for the following: Any and all information related to hours of operation, an -7 ;:md all town permits and licenses, business operating plans, building forms, zoning plans, any town authorized exceptions, citizen and/or to,vVia complaints, any and all citations, waste disposal permits/licenses, noise, vibrations, nuisance, and minutes of town meetings related to the al orementioned items for Material Installations located in the North Andover Industrial Park 11 Bayfield Drive accessible via Willow Street' off Ro ate 114. This includes: the building department, police departme at: records, zoning permits, Board of Health records, Public Works records, Planning Department records, Community Development records, Conversation Commission records, Town Clerk records, and Zoning Board of Appeals records. I can be contacted at the above address or via telephone at 978.683-3414 (home) or 617-557-1235 (work). Thank -you for your time and assistance. Sincerely, K. Dino Balos (Qj0U1 RECEIVED Ar.; A :1 2003 BUILDING DEPT. Town of North AndoverNOR*N QE S�4t0 Ia �� Office of the Zoning Board of Appeals Community Development and Services Division * ^ y 27 Charles Street ` °*• °� �=� ''� North Andover, Massachusetts 01845 �sSACHUSE� D. Robert Nicetta Building Commissioner Memorandum To: Karen A. Robertson, Administrative Assistant From: Michel Glennon, Board of Appeals Date: April 14, 2003 Re: Request for Information Street. Telephone (978) 688-9541 Fax (978) 688-9542 There was no Zoning Board of Appeals file for 11 Bayfield Drive at 27 Charles CC: Mark Rees, Town Manager D. Robert Nicetta, Building Commissioner ZBA file Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Mark H. Rees Telephone (978) 688-9510 Town Afanager ° . _ p FAX (978) 688-9556 MEMO TO: D. Robert Nicetta, Building Commissioner -Michel Glennon, Board of Appeals', ' Julie Parrino, Conservation Administrator Justin Woods, Town Planner Sandra Starr, Health Administrator Donna Mae D'Agata, Adm. Asst., CD&S Richard Stanley, Police Chief William Hmurciak, Director, Public Works Joyce Bradshaw, Town Clerk FROM: Karen A. Robertson, Administrative Assistant DATE: April 14, 2003 RE: Request for Information Enclosed please find a Public Records Request from K. Dino Balos, 66 Meadowood Road, North Andover. Please provide this office with copies of the information requested in the attached correspondence .pertaining to your office. We would appreciate receiving this information at your earliest convenience. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me. Cc: Mark Rees, Town Manager 03/12/03 16:13 FAX 617 565 7528 • J March 12, 2003 66 Meadowood Road North Andover, MA 01845 North Andover Building Department Attn: Michael McGuire, Building Inspector 27 Charles Street North Andover, MA 01845 Fax: 978-688-954-2 Subject: Records Request Re: Material Installations, Inc., 11 Bayfield Drive North Andover Industrial Zone 2, parcel 125 Dear Mr. McGuire: ies of any and all records related :ontact me at 617-557-1235. 3 y-/5 - o -5 {�}7 �No A+.e- ! l d � I N 5 �2 ��Q `7 / J✓ 1 � l a r� p K iv J `1 o S� m2, 10jaGODU 1-30-03 `j'f1�e l�mvsc, LValutroa , CCr 1- J N c 4- -C- -- 9' 3 ,E— y-J- ,N� I799- was la cf d•� Wl Le S 51—perugd- itoPo a- CV piers Sincerely, K. Dino Balos tool 03/12/03 16:13 FAX 617 565 7528 i March 12, 2003 66 Meadowood Road North Andover, MA 01845 North Andover Building Department Attn: Michael McGuire, Building Inspector 27 Charles Street North Andover, MA 01845 Fax: 978-688-9542 Subject: Records Request Re: Material Installations, Inc., 11 Bayfield Drive North Andover Industrial Zone 2, parcel 125 Dear Mr. McGuire: Per our telephone conversation, requested are copies of any and all records related to Material Installations, Inc. Should you require additional information please contact me at 617-557-1235. The documents may be faxed to 617-557-1211. Thank -you for your assistance with this matter. Sincerely, K. Dino Balos 10001 RON 0 ✓IASSACHUSETTS UNIFORM APPUCATON FOR PERMIT TO DO GAS FITTING or print) Date y�� 9 19 i c% INUKTH ANDOVER, MASSACHUSETTS Building Locations /+ S4/V%��LU (%,+?C l?/ 44- l/�/,f /., C Owner's Name New ❑ Renovation ❑ �. _ .. �.. :.. - -�< ter• ...L . 3 16 �i S Replacement Plans Submitted ❑ Date .. f- a % J ....... TOWN OF NORTH ANDOVER 0 PERMIT FOR GAS INSTALLATION 8 This certifies that ._ % � w . has permission for gas installation .._r.... ?: a�:• in the buil ings of at //... , North Andover, IVss. Fee _......... Lic. Nor).'? 92 �w GASINSPECTO WHITE A II t CA.. Permit # 31 � (P Amount Check one: Certificate Installing Company ❑ Corp. ❑ Partner. 11-Firm/Co. pp can RV: Building Dept. PINK. Treasurer jCheck one: f have a ctirreniliabilitylnsuPance-po(rcy-orn-s-�-un�raR�� �.-.��••:-------_-Yes If you have checked yes, please indicate the type coverage by checking the appropriate box. Liability insurance policy �� Other type of indemnity ❑ Bond ❑0 Owner's Insurance Waiver: I am 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: Signature of Owner or Owner's Agent Owner ❑ Agent ❑ I herebv certify that all of the details and information l have submitted (or entered) in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under Permit Issued for this application will be in compliance with all pertinent provisions of the Massachusetts ate Gas Code and Chapter 142 of the General Laws. By: Title C i ry/Tow n APPROVED (OFFICE USE ONLY) ignatu4 of Licensed Plumber Or Gas Fitter ED ❑ Gf%� Gas Fitter License Number M-*11aster ❑ Journevman V5 c L � c r Check one: Certificate Installing Company ❑ Corp. ❑ Partner. 11-Firm/Co. pp can RV: Building Dept. PINK. Treasurer jCheck one: f have a ctirreniliabilitylnsuPance-po(rcy-orn-s-�-un�raR�� �.-.��••:-------_-Yes If you have checked yes, please indicate the type coverage by checking the appropriate box. Liability insurance policy �� Other type of indemnity ❑ Bond ❑0 Owner's Insurance Waiver: I am 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: Signature of Owner or Owner's Agent Owner ❑ Agent ❑ I herebv certify that all of the details and information l have submitted (or entered) in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under Permit Issued for this application will be in compliance with all pertinent provisions of the Massachusetts ate Gas Code and Chapter 142 of the General Laws. By: Title C i ry/Tow n APPROVED (OFFICE USE ONLY) ignatu4 of Licensed Plumber Or Gas Fitter ED ❑ Gf%� Gas Fitter License Number M-*11aster ❑ Journevman � TRF09 0NWF.4LTHOFMAMCWJa= Office Use only DEPARTMENTOFPVBLICSAFE7Y Pennit No. BOARD OFf7REPREVEMONRECUL4TIONS 527GMM 12:00 � U� Occupancy & Fees Checked APPLI CATION FOR PERMIT TO PERFORM ELECTRICAL WORK ALL WORK TO BE PERFORMED IN ACCORDANCE WITH THE MASSACHUSSTS ELECTRICAL CODE, 527 CMR 12:00 (PLEASE PRINT FN INK OR TYPE ALL INFORMATION) Date C,�) —�� C Town of North Andover The undersigned applies for a permit to perform the electrical work described below. Location (St,P,et 6 (Or or Tenant Owner's Address To the Inspector of Wires: Is this permit in conjunction with a building permit: Yes ED No71 Purpose of Budding Existing Service Amps / Volts New Service Amps / Volts N° 17IO (Check Appropriate Box) Utility Authorization No. Overhead Underground M Overhead Underground Date.OL. In TOWN OF NORTH ANDOVER PERMIT FOR WIRING Thiscertifies that.........................':.,_...:............................................................ has permission to perform:...:..::�::::::. wiring in the -building of .............. ice 2 .._._ ............................................ . ...... (2v .............. .North Andover, Mass. F..... Lic. .....,; ?..mss: �...�; 1....::*. �........ ELECTRICAL INSPECTOR 06/15/99 14:40 40.00 PAID WHITE: Applicant CANARY: Building Dept. PINK: Treasurer No. of Meters No. of Meters 7— Transformers Total KVA tors K V A Emergency Lighting Battery Units ALARMS No. of Zones Detection and ting Devices Sounding Devices Sel(Contained :tion/Sounding Devices Municipal Other Connections i 1 ha,,e submitted valid p oofofs3m u the Ott YES NO lfjau haw dr�keC1 YES, please ndicA2 theN)e cfmyerage by ohmking the INSURANCE BOND r7 OTI-IER F-1 (�,bm Specify) W 01k'n Start - � F 1r t Dak RaWeste J F�NAME . 1E OWNER'S Il`iSURANCE W ANE1, I am aware dxf f e L=se doom ncXt and fa my Wm-mminis pamapplicanm varves t z ru3t m= (Please check one) Owner � Agent Expo Dae EstirrrasPd VahrecE3ectri-21 Wait S Rargh Final r--ry Lrer>SeNo _ _ &Ss TeL No c5 i ice ' l!4� Telephone No, PER`✓IIT FEE S `T� olF{JV,t: MUM HM 1, N OR'tll AN nOvTR pl0R.issncTzvsz:•rz's Any appeal shall be filed Within (20) days after the _ date of filing of this Notice in the Office of the Town Clerk. SEP 3 8 tl D AIN '87 HOR�ry 01 O ti F :,;ems ,:• mss^ c Huse NOTICE OF DECISION Date. SP-ptembpx .2 , . X9.87 ........ Date of Hearing August .31,..1.9$7 Petition of...Channel.Building ............................................ .. Premises affected, .11. i - Bayfield _Drive . _ Industrial �1 , (I-1)• . Zoning . Di Referring to the above petition for a special permit from the requirements of the . , North .. _ .. .AndoverZoningBylaw, Section 8 ; Para. 3.... _ .. , . , . so as to permit , , .1n1.the assemblyand live storage areas .in, an ., ... existing, building .by. 18 :200. square. feet.. - , . , , . _ . . ... ... . ... After a public hearing given on the above date, the PInnning Board voted Conditionally , to . ,Approve , ,the .Site Plan Review .. . .... .. . . . ............................... based upon the following conditions: Signed Erich, W,., ,Nita sche , CYjairmap John Simons,. ................. George Perna ................................ Paul Hedstrom ............................... John J. Burke • �I'Innniilg� Board September 2, 1987 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 Re: Material Installation 11 Bayfield Drive North Andover, MA Site Plan Review through Special Permit Dear Mr. Long: The North Andover Planning Board held a public hearing upon the application of Channel Building Company, 23 Main Street, Andover, MA. on Monday evening, August 3, 1987 in the Town Office Meeting Room. The hearing was advertised in the North Andover Citizen on July 16 and July 23, 1987. The following members were present and voting: Erich W. Nitzsche, Chairman; John L. Simons, Clerk; George Perna and Paul Hedstrom. John J. Burke was absent. The petitioner seeks a Special Permit under Section 8, paragraph 3; Site Plan Review. The purpose of the Site Plan Special Permit is to review the proposal to expand the assembly and live storage areas of the existing facility by approximately 18,200 square feet of land on the North side of Bayfield Drive known as 11 Bayfiled Drive in an Industrial -1 (I-1) Zoning District. John Simons read the legal notice to open the public hearing. Letters were received and read from the Fire Department, Board of Health and two (2) letters from the Conservation Commission. Jim Bourgeois representing Channel Building, Material Installation and 114 Associates presented the proposed plans. MOTION: John Simons to continue the public hearing until the August 17, 1987 meeting. SECOND: George Perna VOTE: Unanimous On August 17, 1987 the public hearing was continued. John Simons read a letter sent to Mr. & Mrs. Redman from Material Installation with regards to lighting and traffic issues. Jim Bourgeois of Channel Building presented the Planning Board with revised plans. OF µ0.1H, ti vi-1-t(,F_S ()L . o °m i 1 UYVIl of 12() IW�tlti Street Ncrrfh Ancl<)ver, APPEALS *" NOR�1H'ANDOVER BUILDING" NMSSi101t1S(2tts 1845 CONSERVATION Sa c"oae` ) {. DIVISION O1 ;, ((i 1 7) 685-4775 1 HEALTH PLANNING PLANNING & COMM t;N ITY1 MEV ELOPM ENT ��r�r KAREi�7PH.P. NELSON, LARECCOR September 2, 1987 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 Re: Material Installation 11 Bayfield Drive North Andover, MA Site Plan Review through Special Permit Dear Mr. Long: The North Andover Planning Board held a public hearing upon the application of Channel Building Company, 23 Main Street, Andover, MA. on Monday evening, August 3, 1987 in the Town Office Meeting Room. The hearing was advertised in the North Andover Citizen on July 16 and July 23, 1987. The following members were present and voting: Erich W. Nitzsche, Chairman; John L. Simons, Clerk; George Perna and Paul Hedstrom. John J. Burke was absent. The petitioner seeks a Special Permit under Section 8, paragraph 3; Site Plan Review. The purpose of the Site Plan Special Permit is to review the proposal to expand the assembly and live storage areas of the existing facility by approximately 18,200 square feet of land on the North side of Bayfield Drive known as 11 Bayfiled Drive in an Industrial -1 (I-1) Zoning District. John Simons read the legal notice to open the public hearing. Letters were received and read from the Fire Department, Board of Health and two (2) letters from the Conservation Commission. Jim Bourgeois representing Channel Building, Material Installation and 114 Associates presented the proposed plans. MOTION: John Simons to continue the public hearing until the August 17, 1987 meeting. SECOND: George Perna VOTE: Unanimous On August 17, 1987 the public hearing was continued. John Simons read a letter sent to Mr. & Mrs. Redman from Material Installation with regards to lighting and traffic issues. Jim Bourgeois of Channel Building presented the Planning Board with revised plans. Page 2 MOTION: By John Simons to close the Publirparing. SECOND: George Perna SEP 3 v ►�`.3 li. VOTE: Unanimous On August 31, 1987 the Planning Board held a regular meeting and voted to approve the Special Permit application by Channel Building to construct an 18,300 square foot addition to the existing building located on Bayfield Drive at the intersection of Willow Street. Three issues of concern were discussed at the Public Hearing that should be addressed in this Conditional Approval are as follows: 1. The unfinished Cul -de -Sac at the end of Bayfield Drive does not allow for adequate fire protection and access - egress for the existing building. It was discussed that the Cul -de -Sac was not finished by the developer of North Andover Business Park prior to this date because of a pending application to the Commonwealth of Massachusetts to create an entry onto Route 125. The Planning Board is in receipt of a letter from the Division of Public Works dated November 14, 1986 denying the request for emergency access onto Route 125 and is concerned that no work has taken place on Bayfield Drive thru 1987. 2. Concern by abuttors to the North of Material Installation property of truck noise and lights during the night. Proponents for the project stated that the newest dwellings are 200 feet and 400 feet respectively from the building, but admit that into the winter months, a lack of foliage in the intervening woods may be cause for concern and have suggested that truck traffic be directed onto the locus by way of the Willow Street entrances thereby minimizing headlights being directed to the North by the present access from Bayfield Drive. 3. There was a concern by the Planning Board of the increased rate of runoff being produced within the North Andover Business Park by the inclusion of additional impervious pavement and building additions. The applicants Engineer, Mr. Tom Neve, has submitted drainage calculations stating the peak runoff has been decreased from the locus due to the fact that percentage of impervious area on the lot has been reduced from the overall Master plan of the Park and that the lot size has been reduced. Notwithstanding these factors, the Planning Board recognizes that if this lot size has been reduced, another lot.in the Park must have been increased, and that Mr. Neve nor the Planning Board has an accurate accounting of the present impervious area versus the original Master Plan impervious area of the Business Park overall. Therefore, the Planning Board renders this Conditional Approval for the construction of thq proposed.building additions. for -. Material Installations: Page 3: 1. Bayfield Drive will be construgte ���il;Iccordance with the Subdivision Plans of North:'�kndbVer Business Park and be brought to at least bind8Y pavement to the satisfaction of the North Andover Fire Department and to the Division of Public Works prior to construction of the building addition. 2. The lawn area to the East of the proposed building between the building and Willow Street. shall be designed as a Detention/Retention Pond to further mitigate runoff flows and to account for loss ground water infiltration due to the impervoius area. This will necessitate redirecting runoff flows into the Ponding area, preferably from the parking lot prior to discharge off site, with proper pipe sizing to detain storm water flows to the maximum possible. 3. Truck traffic flow will be required to access -egress the property from the Willow Street curb cut only and automobile egress the site from the curb cut on Bayfield Drive. This will be a condition for continued occupancy and will be implemented by the use of one-way signs and exit only signs and others as deemed necessary both installed at the two curb cuts as well as at the truck docks and pointed indications on the pavement throughout the parking and access -egress areas. 4. Upon completion of the building addition and prior to building occupancy, the applicant shall file an As -Built Plan of the total site showing at least, but -not limited to the following, pavement grades, rims and inverts, drainage size, access - egress signs, lighting landscaping and all utilities. Said plan to be prepared and certified by a Professional Land Surveyor and submitted for approval by the Planning Board. 5. The landscape plan as submitted does not show the existing row of planted arborvitae to the rear of the existing building and the Planning Board is of the opinion that the proposed planting of arborvitae will be of the same nature, and therefore will not mature to a full effective screening for many years and therefore will require that in addition to the landscaping plan as submitted being conformed to in its entirety, a six (6) foot closed stockade fence be erected along the property line from a point starting fifty (50) feet from Route 125 and extending Easterly to the Easterly line of the proposed building addition. 6. In accordance with the Fire Department report of July 31, 1987, the following shall be provided: 1. The addition must be equipped with an automatic fire suppression system (sprinklers) and the fire detection and alarms form the original building must be extended into the addition. Both of these systems must have plans submitted to the Fire Chief for approval prior to construction. Page 4: 2. The Fire Chief has requested that information regarding the material to be stored and the amount of storage for products in this expansion be submitted to himself or the Fire Presention Officer. 7. The North Andover COnservation Comission's Order of Conditions under File No. 242-193, shall become a part of this approval ,and be strictly adhered. 8 - In addition to the aforementioned Conditions, the Planning Board approves only that work as shown on the submitted plans namely: l.. Sheet L1-1 dated 9/5/86 and revised 8/13/87 2. Sheet L2-1 dated 9/5/86 and revised 8/13/87 3. Sheet L4-1 dated 9/5/86 and revised 8/13/87 4. Unnumbered Sheet dated 8/13/86 and revised 9/9/86 and entitled "Scheme 3" 9. Any proposed changes and/or future building expansion will be the subject of a new Public Hearing under a new Special Permit Application and further that any changes from these approved plans and that may be shown on the As -Built Plan submitted for approval prior to occupancy will negate this Special Permit and will require"a new filing of application. Sincerely, PLANNING BOARD Erich W. Nitzsckffi, Chairman m / j e cc: Director of Public Works Highway Surveyor Board of Public Works Tree Warden Conservation Commission-., �a Building Inspector =� Board of Health~� Assessor Police Chief Fire Chief Applicant Engineer File Interested Parties FROM : NORTH ANDOVER ASSESSORS OFFICE FAX NO. : 978 688 3211 MLS Property Information Network, Inc. 66 MEADOWOOD ROAD Status: SLD NORTH ANDOVER 01845 Sale Date: 01/30/03 Apr. 15 2003 02:14PM P1 Page 2 of 3 List Price: $339,900 Sale Price: $339,000 Style: Features Garage: 1 ATTO Basement: YES FULL Foundation: IRREGULAR Heating: FRAR Cooling. NONE Hot Water: NGAS Sevw/Water: CWrR. CSEW Electricity: 200+ Exterior: VNYL Construction: FRAM Roof. ASFH Fireplaces: 0 Appliances: RNGE, DMH, DISP Interior Feat: CVAC, CATV Exterior Feat: Apr. 15 2003 02:14PM P1 Page 2 of 3 List Price: $339,900 Sale Price: $339,000 Style: COLN Rooms: 7 Bedrooms: 3 Full Bath: 2 Half Bath: 1 Master Bath: YES Year Built: 1993 Lot Size: 37,462 Sq. Ft. Acres: 0.86 Living Area: 1318 Sq, Ft. MLS #: 30647620 Room Dimensions Uving Room: Dining Room: 1 13X11 Family Room: 1 17X11 Kitchen: 1 10X$ Master BR: 2 14X12 Bedroom 2, 2 11X10 Bedroom 3: 2 11X7 Bedroom 4: Bedroom 5: Bath 1: Bath 2: Bath 3: Laundry: Other Rooms: GRM B 17X10 Remarks, Area: GREAT CONTEMPORARY COLONIAL WITH WOODED PRIVACY ON ONE SIDE, Lot Description: PVDR IN YOUNG NEIGHBORHOOD. HARDWOOD FLOORS IN DINING ROOM AND Taxes: $3.175 LIVING ROOMS, ADDITIONAL 170 SO, FT. IN LOWER LEVEL. Assessment: $250,793 JANUARY 2003 CLOSING. Zoned: R Exclusions: Disclosures: JANUARY 2003 CLOSING — the Information In this IlstIng was gathered from third party sources •'• including the seller and public records. MLS Property Information Network and Its subscribers disclaim any and'ail repmentations or warranties as to the aceuraey of this information. CopyrriMLht 20020ML$ Property Information Network, Inc. AN rights reserved. http://mispin.rexplorer.netA,rnraauv IF,L%lNr-., 4/15/03 Pagel of 2 ,on the same day. My research of Assessor Records indict on January 2003. Research of the Planning Board decisi eld Drive to expand their assembly and ar Item #2 of the Conditional Approval ac m property of truck noise and lights durir.. _ fellings are 200 feet and 400 feet respectively from the building, but admit inaL H ILU if iv f foliage in the intervening woods may be cause for concern and have suggested that truck traffic be directed onto the locus by way of the Willow Street entrances thereby minimizing headlights being directed to the North by the present access from Bayfield Drive The Planning Board then rendered the following in the Conditional Approval for the construction of the proposed building additions for Material Installation: Item #3 -'Truck traffic flow will be required to access -egress the property from the Willow Street curb cut only and automobile egress the site from the curb cut on Bayfield Drive. This will be a condition for continued occupancy and will be implemented by the use of one way signs and exit only signs and others as deemed necessary both installed at the two curb cuts as well as at the truck docks and pointed indications on the pavement throughout the parking and access -egress areas". Item #2 of the Conditional Approval does not give any restrictions to Material Installation truck noise other than suggesting truck traffic must enter from the Willow Street entrance. Also, hours of operation have not been restricted in the approval. I will make a site visit in order to verify the conditions in Item #3 are in place and attempt to speak with the appropriate individual concerning the compliant. My findings will be reported to the Town Manager bl�p Please advise if this action is approved by the Town Manager. 5/7/03 M� • �I � ��� � q7V 1+ C 6/7 _ 3Bs�-i7-44 Page 1 of 2 Nicetta, Robert From: Nicetta, Robert Sent: Wednesday, May 07, 2003 1:03 PM To: Robertson, Karen Cc: Santilli, Ray; Griffin, Heidi; D`Agata, Donna Mae Subject: RE: Request for Information Tracking: Recipient Read Robertson, Karen Santilli, Ray Read: 5/7/0312:03 PM Griffin, Heidi Read: 5/7/03 12:08 PM D'Agata, Donna Mae Read: 5/7/03 12:02 PM Karen —Mr. K. Dino Balos requested records of records for Material Installations, Inc. by fax on March 12, 2003. 1 have been informed by Local Inspector McGuire that available records where faxed to Mr. Balos on the same day. My research of Assessor Records indicates Mr. Balos closed on the property, located at 66 Meadowood, on January 2003. Research of the Planning Board decision, of September 2, 1987, allowed Material Installation, 11 Bayfield Drive to expand their assembly and and live storage areas by 18,200 square feet. Item #2 of the Conditional Approval address the "Concern of abutters to the North of Material Installation property of truck noise and lights during the night. Proponents for the project stated that the newest dwellings are 200 feet and 400 feet respectively from the building, but admit that into the winter months, a lack of foliage in the intervening woods may be cause for concern and have suggested that truck traffic be directed onto the locus by way of the Willow Street entrances thereby minimizing headlights being directed to the North by the present access from Bayfield Drive The Planning Board then rendered the following in the Conditional Approval for the construction of the proposed building additions for Material Installation: Item #3 -'Truck traffic flow will be required to access -egress the property from the Willow Street curb cut only and automobile egress the site from the curb cut on Bayfield Drive. This will be a condition for continued occupancy and will be implemented by the use of one way signs and exit only signs and others as deemed necessary both installed at the two curb cuts as well as at the truck docks and pointed indications on the pavement throughout the parking and access -egress areas". Item #2 of the Conditional Approval does not give any restrictions to Material Installation truck noise other than suggesting truck traffic must enter from the Willow Street entrance. Also, hours of operation have not been restricted in the approval. I will make a site visit in order to verify the conditions in Item #3 are in place and attempt to speak with the appropriate individual concerning the compliant. My findings will be reported to the Town Manager Please advise if this action is approved by the Town Manager. 0.141 5/7/03 R7V-1,83 -11-}14 G , 6/7 _ 38q_lZL4 Page 2 of 2 -----Original Message ----- From: Robertson, Karen Sent: Monday, May 05, 2003 8:01 AM To: Nicetta, Robert Subject: Request for Information Bob -1 know you are extremely busy, but On April 14, 1 forwarded you a Request for Information from K. Dino Balos regarding Material Installations Inc., 11 Bayfield Drive, North Andover. Please tet me know when we can expect a response from your department. Thank you. 5/7/03 a FORM A FtiLC.1Vk? D.lr�k_ _ ._. APPLICATION FOR ENDORSEMENT OF PL94411' C't . K BELIEVED NOT TO REQUIRE APPROVAbORT' SEP August 28 19 87 To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: 1. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public -.way, namely, - , or a private way, namely, Bayfield Drive and Willow Street South , being land bounded as follows: Northerly by land of Bilicki and Margolis Easterly by Willow Street South Southerly by Bayfield Drive ' Westerly by Route #125 2. The division of land shown on the accompanying plan is not a sub- division for the following reasons: All lots conform to the zoning by-law. 3. Title reference North Essex Deeds, Book 1975 ; Page 333 ; or Certificate of Title No. , Registration Book. ; Page Ap licant's S' nature: AAAAU Applicant's Address: 23 Main St., Andover, MA 01810 Owner's signature and address 'f not the applicant: _ A "'L -7 11 Bayfield Drive, N. Andover, MA 01845 3 Notice to APPLICANT/TOWN CLERK of action of Planning-Board.on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that saidjn lan show a subdivis'on, a defined y G.L. c. 41, 81-L a must the o be re-submi to it for a val under Subdivision Control Law. Very truly yours , NORTH ANDOVER PLANNING BOARD Date 1000 ;eiv_ by Town Clerk: FORM A APPLICATION FOR E14DORSEIIENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL December 15, To the Planning Board of the Town of North Andover: 1992 The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: I. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way, namely, , or a private way, namely, Willow Street South Extension , being land bounded as follows: Easterly by Willow Street South Extension, Flagship Drive and Business Park Trust, Westerly by the Trustees of Reservations, Northerly by Muffin Realty Trust. 2. The division of land shown on the accompanying plan is not a sub- division for the following reasons: It divides a pre-existing lot into two lots; one buildable, the other not buildable. 3. Title reference North Essex Deeds, Book 1962 Page 56 & 57 or Certificate of Title No. , Registration Book Page Appl' nt's Signature: Owner's signature and address if not the applicant: (Print Name) Applicant's Address: Bayfield Development Company 242 Neck Road, Haverhill, MA 01835 Tel. No. 508-373-3000 . . r Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Accompanying Plan. 1. The North Andover Planning Board has determined that said plan does not require approval under the subdivision control law# and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivisions as defined by G.L. c. 419 s. 81-Lj and must therefore be re -submitted to it for approval under the subdivision control law. Very truly yourst NORTH ANDOVER PLANNING BOARD By Date: V Received by Town Clerk: Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision, as defined by G.L. c. 41, s. 81-L, and must therefore be re -submitted to it for approval under the Subdivision Control Law. Very truly yours , NORTH ANDOVER. PLANNING BOARD Date: is -is -yam 1w0: .1 r. Dec 18 1 35 P'9 Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision, as defined by G.L. c. 41, s. 81-L, and must therefore be re -submitted to it for approval under the Subdivision Control Law. Very truly yours , NORTH ANDOVER. PLANNING BOARD Date: is -is -yam