Loading...
HomeMy WebLinkAboutCorrespondance Regarding ABC Bus Company - Correspondence - 1175 TURNPIKE STREET 4/24/1995 04/24/1995 17: 15 5083561849 CLEAN SOILS ENV LTD PAGE 01 r 1 f C_:LEAN,'OILS ENVIRONMENTA_L LTV. t'vst Once Box 591 Ipswich, MA 01938 508-356-1177 Fax-356-1.849 FACSIMILE TRANSMISSION Date: April 24, 1995 Pages: 2 To, Mr, James P. Gordon., Town of North Andover, Town Manager Mrs. Saiidra Starr, Town of North Andover, Health Agent. Fax: 508-688-9556 Frorn: William H. Mitchell, J.r., LSP Enclosed please find a Notice of Initial. Site Investigation azid 'Pier II Classification that was completed for BC Realty Trust located at 1175 Tumpike road, North Andover, MA. The Notice will be published in the North Andover Citizen this week. I you have any questions, please do not hesitate to call. .t 24!1995 17; 1 5 5033561849 CLEAN SOILS ENV LTD PACE 02 NOTICE OF INITIAL SITE INVESTIGATION AND TIER II CLASSIFICATION Apzi1. 25, 199 5 BC REALTY TRUST 1175 TURNPIKE ROAD NORTH ANDOVER, NSA, 01845 RELEASE TRAOIIONG NUMBER 3-3337 Pursuant to the Massachusetts Contingency Plan (310 CW 40,0490), an Initial Site Investigation has been performed at the above referenced location. ,A release of oil and/or hazardous materials has occurred at the location which is a disposal site (defined by M.O.L. c. 21E, Section 2). The site has been classified as Tier 1_1, onse.Action at this site will be conducted by BC pursuant to 310 CMR 40.0500. Resp Realty Trust who has employed William H. Mitchell, Jr. (LSP # 1965) to manage response actions in accordance with the Massachusetts Contingency Plan(310 CMR 40.000). M.G.L. c. 21E and the Massachusetts Contingency flan provide additional opportunities for public notice of and involvement in decisions regarding response actions at the disposal situ 1) The Chief Municipal Official and board ofH�ealth of the community in which the and event, pursuant to site is location will be notified of major milestones h 40.1403; and 2)Upon receipt of a petition.from ten or more residents of thee municipality CMR in which the disposal site located, or of a rtluuicipality potentially affected by a disposal site, a.plan or involving the public in decisions regarding response actions at the site will be prepared and implemented, pursuant to 3120 CMR 40.1405_ To obtain more information on the disposal site and the opportunities for public involvement during its remediation, please contact William H, Mitchell, Jr., LSP/President/Geologist, Clean Soils Environmental, �.td., Post tiff:ce lane 591, Ipswich, MA, 01938, 509-356--1177. l r 1 Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection ' Metro Boston/Noaheast Regional Office William F. Weld Governor Trudy S.Coxe secrealary Thomas 0. Powers Acting Gommlayloner URGENT LEGAL MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL: RETURN RECEIPT REQUESTED APR 2 519N. B C Realty Trust RE: North Andover P.O. Box 596 ABC Bus Company North Andover, MA 01845 1175 Turnpike St. RTN 3-3337 NOTICE OF RESPONSIBILITY & INTERIM DEADLINE S ; M.G.L. c. 21E & 310 CMR 40. 0000 1c ' stLion: Mr. Charles Carrell Dear Mr. Carrell: The Department of Environmental Protection (the Department or DEP) has determined that there is or has been a release of oil and/or hazardous material at the above-referenced property. The DEP received a report entitled 21-E Site Assessment, dated June, 1990, "i and prepared by Andover Environmental Associates, Inc. , which indicates that a release of diesel fuel occurred at the subject property. The term "release" refers to both a recent, sudden spill of oil and/or hazardous material or "historical" oil and/or hazardous material contamination that is identified through some level of investigation. Based upon the information available, the Department has reason to believe that the subject property or portion(s) thereof is a disposal site as defined in the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E, and the Massachusetts Contingency Plan, 310 CMR 40. 0000 (the MCP) and that all the necessary and required response actions have not been taken such that a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c. 21E and the MCP. The purpose of this notice is to inform you of your legal 10 Commerce Way • Woburn,Massachusetts 01801 ♦ FAX(617)935-6393 0 Telephone(617)835-2160 RTN 3-3337 Page 2 responsibilities under state law and to provide you with an Interim Deadline for assessing and/or remediating the subject release or threat of release pursuant to the MCP. For purposes of this notice, the terms and phrases used herein shall have the meaning ascribed to them by the MCP unless the text clearly indicates otherwise. STATUTORY LIABILITIES The following is provided to advise you of your statutory liabilities for completing response actions at the subject site. It .s a summary of the liability provisions from M.G.L. c. 21E. refer to the statute for a complete description of the .Liability provisions. By taking the necessary response actions, you may significantly lower your assessment and cleanup costs and avoid the imposition of, or reduce the amount of certain fees required for 21E response actions, and you may avoid liability for costs incurred by the Department in taking such actions and any sanctions which may be imposed under M.G.L. c. 21E, M.G.L. c. 21A S 15 and/or other laws for noncompliance with the MCP. The Department has reason to believe that you (as used in this letter, "you" refers to the B C Realty Trust) are a Potentially Responsible Party (a PRP) with liability under M.G.L. c. 21E, § 5, for response action costs. Section 5 makes the following parties liable to the Commonwealth of Massachusetts: current owners or operators of a site from or at which there is or has been a release/threat of release of oil or hazardous material; any person who owned or operated a site at the time hazardous material was stored or disposed of; any person who arranged for the transport, disposal, storage or treatment of hazardous material to or at a site; any person who transported hazardous material to a transport, disposal, storage or treatment site from which there is or has been a release/threat of release of such material; and any person who otherwise caused or is legally responsible for a release/threat of release of oil or hazardous material at a site. This liability is "strict" , meaning it is not based on fault, but solely on your status as an owner, operator, generator, transporter or disposer. It is also joint and several, meaning that you may be liable for all response action costs incurred at the site, regardless of the existence of any other liable parties. The MCP requires responsible parties to take necessary response actions at properties where there is or has been a release or threat of release of oil and/or hazardous material. If you do not take the necessary response actions, or fail to perform them in an appropriate and timely manner, the Department is authorized by M.G.L. c. 21E to have the work performed by its contractors. By taking such actions, you can avoid liability for response action costs incurred by the Department and its contractors in performing RTN 3-3337 Page 3 these actions, and any sanctions which may be imposed for failure to perform response actions under the MCP. You may be liable for up to three (3) times all response action costs incurred by the Department. Response action costs include, without limitation, the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or their contractors, expenses incurred by the Department in support of those direct hours, and payments to the Department' s contractors. (For more detail on cost liability, see 310 CMR 40. 1200. ) The Department may also assess interest on costs incurred at 'ie rate of twelve percent (12%) , compounded annually. To secure payment of this debt, the Commonwealth may place liens on all of your property in the Commonwealth. To recover the debt, the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you. In addition to your liability for up to three (3) times all response action costs incurred by the Department, you may also be liable to the Commonwealth for damages to natural resources caused by the release. Civil and criminal liability may also be imposed under M.G.L. c. 21E, S 11, and civil administrative penalties may be imposed under M.G.L. c. 21A, § 16 for each violation of M.G.L. C. 21E, the MCP, or any order, permit or approval issued thereunder. ACTIONS TAKEN TO DATE AT THE SITE The following response actions have been conducted at the subject site by Andover Environmental Associates: An equivalent of a Phase I study has been performed. NECESSARY RESPONSE ACTIONS The Department has determined that the following response actions are necessary at the subject site. Additional Comprehensive Response Actions pursuant to 310 CMR 40. 0800 are necessary. If the site has not yet been classified pursuant to 310 CMR 40. 0500, a completed Tier Classification Submittal, and, if appropriate, a completed Tier I Permit Application pursuant to 310 CMR 40. 0700, must be submitted to DEP within one year of the initial date notice of a release is provided to the Department pursuant to 310 CMR 40. 0300 or from the date the Department issues a Notice of Responsibility (NOR) , whichever occurs earlier, unless a Response Action Outcome is submitted earlier. RTN 3-3337 Page 4 You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at the subject site. In addition, the MCP requires persons undertaking response actions at a disposal site to submit to the Department a Response Action outcome Statement (RAO) prepared by an LSP in accordance with 310 CMR 40 . 1000 upon determining that a level of No Significant Risk already exists or has been achieved at a disposal site or portion thereof. (You may obtain a list of the names and addresses of these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals at (617) 556-1145. ) INTERIM DEADLINE S FOR COMPLIANCE WITH THE MCP Revisions to they Massachusetts Contingency Plan became effective on October 1, 1993 . Information available to the Department indicates that all of the response actions necessary to achieve a level of No Significant Risk at the subject site were not taken and/or completed as of October 1, 1993 . Therefore, additional response actions must now be conducted in accordance with M.G.L. c. 21E and the revised MCP, 310 CMR 40. 0000. The MCP allows the Department to establish and enforce reasonable Interim Deadlines consistent with M.G.L. c. 21E in order to establish timeframes for responsible parties to perform response actions at disposal sites for which notification of a release/ threat of release was received prior to October 1, 1993 , and for which additional response actions pursuant to the MCP are required g after October 1, 1993 . In light of this, you are hereby notified that, at a minimum, the necessary response actions at the subject site must be conducted within the following Interim Deadlines: (1. ) Within one year of the date of the issuance of this letter, you must either: (A. ) submit to the Department a Response Action Outcome Statement (e.g. , after completion of an Immediate Response Action [IRA] or Release Abatement Measure [RAM] ) for the subject site pursuant to 310 CMR 40. 1000; or (B. ) classify the subject site as either a Tier I or Tier II disposal site in accordance with 310 CMR 40. 0500. (2 . ) Within 30 days of the date of the issuance of this letter, you must notify the Department in writing acknowledging that you have been notified of and understand your obligation to undertake the response actions at the subject site pursuant to the timeframes established herein and in accordance with 310 CMR 40. 0000. If you fail to voluntarily undertake the response action(s) RTN 3-3337 Page 5 necessary at the subject site within the Interim Deadline(s) established herein, the Department may perform such response actions and seek to recover the Department' s costs and/or may initiate other appropriate enforcement actions to ensure that such response actions are conducted. The Department' s decision to establish one or more Interim Deadlines in accordance with 310 CMR 40. 0167 is not subject to M.G.L. c. 30A or any other law governing adjudicatory proceedings. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40. 0030 including, without limitation, contaminated = -,0 and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of an LSP or, if the response action is performed under the direct supervision of the Department, the signature of an authorized representative of the Department. The Department encourages parties with liabilities under M.G.L. c. 21E to take prompt action in response to releases and threats of release of oil and/or hazardous material. By taking prompt action, you may significantly lower your assessment and cleanup costs and avoid the imposition of, or reduce the amount of, certain permit and annual compliance fees for response actions payable under 310 CMR 4 . 00. If you have any questions relative to this notice, you should ..ontact Chris Coolen at the letterhead address or by calling (617) 935-2160. All future communications regarding this release must reference the Release Tracking Number (RTN) contained in the subject block of this letter. Very truly yours, hris A. Coolen Stephen M. Johnson Environmental Analyst II Section Chief, Site Management/Permits cc: Board of Health F Fire Department g DEP data entry/file ii cu e U M } WORTH ANDOVEH ME DEPARYMENT fN _ w CENTRAL FIRE HEADQUARTERS Y A p° e 124 Main Street North Andover, Mass. 01845 SAC Nu`��` W11.1_ 1AM V, DOLAN {;��1,;t n!f�rgssutr�ienf To: Charles Foster, Bldg, Inspector From: Fire Chief Dolan Re: Sprinkler Plans for ABC Bus Co. Date: February 25, 1987 On Tuesday, February 24, Mr. Charles Carrell of ABC Bus Company brought a set of sprinkler plans for the existing bus garage on Turnpike Street. Those plans were done by Fire Protection Systems Inc. dated February 10, 1987 . That hydraulically calculated system has been approved by me. If there is any further information you need regarding this matter, please contact me. B (• ' rG William V. Do an, Fi ie l n(-TECTORS SINE LIVES" NORTH ANDOVER FIRE DEPARTMENT ok "I CENTRAL FIRE D ADQUA� "Y'E 5 � u` 124 Neel Street Nortti Andover, Mass. 01845 VJ9" 00 Chief of Deparfm eng To: Shift Lieutenants From: Fire Chief Dolan Re: Prefire Plan Old ABC Bus Garage-Wesley & Innis Streets Date: January 22 , 1987 The following preplan was developed from information and input from Lieutenants Tamagnine, Ron Fountain and Melnikas . In the event of fire or call for fire at the old ABC Bus Garage at the corner lot of Wesley and Innis Streets, the on duty Lieutenants shall take the following action: 1 . Put on Box # 74 2. Respond - Engine 1 , Engine 2 , Ladder 1 and Engine 3 with the driver only. The Rescue is to stay in quarters. 3. Engine 2 will respond to the fire building and take the appropriate riate acti on ordered b the officer of that unit. ro Size up to be reported as soon as possible. 4. Engine 3 will respond with the driver only with the intent to be used for exposure protection until a water supply has been established. 5. Engine 1 should be the primary water supply. There is a hydrant just before Innis Street on Hillside Road. A second hydrant is located at 630 Turnpike Street. This hydrant is on a 12" main and is accessable by backing down the driveway at 74 Innis Street. If this hydrant is used a hand lay of supply line to the hydrant will be needed. 6. These buildings were formerly chicken coops and contain well dried wood members. oils are also present on the floors from 1 the bus company operation. If there is no life safety hazard to occupants the personnel responding to these buildings should not be endangered unnecessarily. 0 k,j % ER V E E < .. C A �'':�� HEADQUARTERS � 124 ace°r Street ,, North A�idover, Mass, 01845 ...11111110 z. Supply line should be 4" to provide the large volumes of water needed. Regardless of which hydrant is used the 4" line should be layed first. Personnel should be practicing with the 4" line and connection to the hydrant and pump. 7 . There are three electrical transformers in the area, one on Wesley, one on Adrian and one on Innis Street. I have attached the draft done by Lt. Tamagnine and the computer print out is in the computer. Date: Oz -t William V. Dolan, Fire Chief :� . KE �.:�ETEG. OFIS SAVE �. W draw sac �`" � � ► � A *A A A A A A A A A R A R R R FjR� V�i�'A1i'1t'i35�f'� ACr�rVf�fi31.+' idllLl,E'4-iiVA i w w.... ..r.......,. �,. .• .. - . �y, , ' ;!to i.nPsB Name (old ABC Garages Box Number t74 Y Owner < Balsamo 1:-�,et < 70 Wesley > Cross Street Innis street Hillside Road Before Innis St. Hydrant Location 630 Turnpike Street LiiiQrgency Phone 682-4685 Hazards Electrical Transformers , 1jotity Mr. Balsamo Phone 686- 0383 Notes Rvsponse Second Alarm Mutual Aid status: Ann R} *�kdellAA�11tRR*ANAAR�1r11Y1r1r�M1R�k�tA11k1t*A�A�1#111[i��ekkRkkRAAI�*1��1k�lRAAAA�I!{1tAAit+YH +� h � A A * � 1 2 3 •• lIorltincj; « **�AA1tAAA�A�AA��AA111ErMAAAA�M�k11A PR$-PLR +�r�+��A��*A��AA �As►��#� * � « « « « era Last InspectiMni, ■raynurn�niri■■.I - - .,...- 1118 Location - $ rinklar Valve: None . None 1? Ale�ft Panel■ Ty-pe-Aja=S-. „.W..r.,..,. None Location Flow Note; ' Hydrant: Hillside- Rd before Innis GPM ...,..__. ' e Stree 9pm ._ GPM ,. - "' 6 turnpike accessible from driveway 74 Innis St First Alarttm: C,ar 1 - to building Second Alarm: E--1 - to hydrant on Hillside Andover Engine e building E- - -as ajre tedbyO. I .C. I Notes On call back have ersonnel for E-3 report to station 2 .- 1 -V 11 & I- if I&E syly 70" 4- /fill 5;s 7- t� , 7 c, -7 AMA -All ------ A B C Bus ComPanY Inc, RO, Box 596 North Andover, Massachusetts 01845 686-0383 777-4080 July 2 ,1986 Chief William Dolan North Andover Fire Dept . Main Street North Andover , Mass . 01845 Bill : per our conversations , I will install a sprinkler system in or present garage and our new addition on or before any occupancy takes place in the now addition. We will consult with you as to the design of the system We will immediately, to assure that it is acceptable. present water Supply - upon installation , hook into our Respectf U,11 I L_ MZ_X)-' ...... Q j i Carrell Charled - Vice-president E NORTly 1 .�?O{f co r6'6H4L w -' CANORTH ANDOVER FIRE DEPARTMENT * * CENTRAL FIRE HEADQUARTERS 124 Main Street 1iy OA,TD ��9 North Andover, Mass. 01845 -VAC US Tel. (617) 666-3812 WILLIAM V. DOLAN Chief of Department June 17 , 1986 Mr. Charles Carrell BC Realty Trust 1175 Turnpike Street No. Andover, Mass 01845 Dear Charlie, on Tuesday, June 17 , Lt. Melnikas visited your facility located on Route 114 to check if the building was ready for occupancy. He reported to me that the building is fully occupied and there appears to be no fire protection or suppression systems inplace. This is a direct violation of the requirements that were given to you through the Planning Board process and through our conver- sations . I We have never signed approval on the certificate of occupancy `r for this building and would not do so if the condition exists f as the Lieutenant states. '1 We would expect to hear from you within 24 hours of receipt of this letter with specific proposals for the installation of the needed systems or we shall take appropriate action to include the revocation of your underground storage license. A copy of .this letter is being sent to the following individuals. cc : Town Counsel Respectfully, Karen Nelson, Town Planner �lJ Ramsey Bahrawy, Lic. Comm. {J Charles Salisbury, Selectmen William V. Dolan, Fire Chief Charles Foster, Bldg. Insp. Frank Serio, Brd of Appeals Sir RAd-%1ir' r1C-rCf�-rnDQ CAVP I IVF.q"' TO: ABC Bus Co . Inc . - Adrian Street , North Andover , MA. FROM: North Andover Fire Department NOTICE Pursuant to Massachusetts General Laws C . 148 Section 5 , you are hereby notified that on Tuesday, November 19 , 1985 and Wed- nesday, November 20, 1985 during regular business hours the Chief of the North Andover Fire Department shall institute action for the physical removal of fuel tanks located upon the property on Adrian Street in said Town and being the site of ABC Bus Co . Inc . The Chief of the Fire Department and his agents shall enter upon s the said property for this purpose . The cost of such removal shall be assessed against the owner of said property and become a lien upon said property and shall be collected by the collector of taxes in said Town all as provided by C . 148, Section 5 . DATED: l� Hand Delivered By: 1XIje QCammanb)CW j at 049911 110ticlS DEPARTMENT OF PUBLIC SAFM'DIVISION OF FIRV. PREVENT1+t N 1010 CoMMONWCAL.Ty AVOWN, ROSTON RMIT Nov, 14 19 $5 APPLICATION FOR PE . C.82 S.40 M.G►L, To: HEAD OF FIRE DEPARTMENT DIG SAFE N U M D E ` Mo. Andoveg GM M TWA" 85462172 In accordance with the provisions of Chapter 148, Nov. 15 1 0,y. an provided in See. . 38A application is hereby Start Date made By Name rn ful1 n#nf N arwti Iwea M itlOM11.R Address ss4r it .•O 4114f.04 .f V.410 $08) for permission to State clearly 4on gal , - Qwl purpose for which permit is requested ' stt ''A C ?tame of competent operator Fred Rame {'Crt. No. (If applicable) Dante Issued--E� j, �Y Date at ex�Iretlon.l Fee $2 0 0 paid. ---Due - w.....,.........wwwa#*•awwf•••4!lual•l�1lF!##4HH#.!!44\#4Nia#Narr#NH##4Ni!!#!!!\4!N►N\faa Nl4\ila.lf\4N,•a#rIMM!#M f T 1 r�,ry 04 NORTH ANDOVER FIRE .DEPARTMEN I ** CENTRAL FIRE HEADQUARTERS •+ + 124 Main Street ,rySSAC F1u5�tI(`� North Andover, Mass. 01845 V�ILLIAM V. DOLAN 1 e (617) fi8u-:sS12 (:r„s:!of iiu���rrmunl To: Keith Bergman, Exec. Secretary From: Fire Chief Dolan Re: ABC Bus Date: October 25 , 1985 Attached is a copy of a letter I sent to Mr. Balsamo on October 24 . A copy has also been sent to Town Counsel. We are in the process of getting quotations for the cost of removing the underground tanks and I should have those quotes for you on Monday night October 28 . I want to proceed with the removal of the tanks under MGL Chapter 148 Section 5, but I do not wish the. town to become embroiled in a legal matter concerning awarding any bids for the tank re- I moval. i i I It is my opinion that we should advertise for the job of the tank removal and then award the bid. Funding for the cost of H advertising the bid and cost 6f removing the tanks must be assured. I would appreciate the opportunity 'pf. discussing this matter with the Selectmen on Monday, October 2B . Please contact me if there is any more information you require from me. 4• i• William V. Dolan, fire Chief cc: town counsel "SMOKE DETECTORS SAVE LIVES" 7. Clean Harbors Inc. 24 HOUR SERVICE Boston Office Kingston Office Rhode Island Office New York Office 140 Lee Burbank Highway P.O. Box 193 P.O. Box 15026 P.O. Box 1812 Revere, MA 02151 Kingston, MA 02364 East Providence, RI 02905 Albany, NY 12201 (617) 286-1118 (617) 585-5111 (401) 438-5600 (518) 434-0149 October 25 , 1985 Company Name & Address •� ' Date: i North Andover Fire Department Client Rep. Andy Melmikas' Telephone (617 )689-4350 North Andover Mass 01845 Job Location A-B-C Bus Company - Innes Street North Andover Mass Description of Services Clean Harbors, Inc . , is pleased to submit the following Price regarding the cleaning and removal of 2 underground gasoline tanks and 1 good gal . and. 1 2000 gallon gallon capacity at A.B. C. Bus Co. , N.Andover, Mass . Price includes all labor, materials and equipment needed . Scope of work is ' as follows : 1. Pump and gas free each tank. 2. Excavate and remove tanks . � . Transport and dispose of each tank. j4-.::]F:i:351: void. space. (approximately 40 yards) , with compariab'1e materia Contract Price. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$33,650.0.0 Li Quid dis oral be and contract race . . $.it0$ per al Note: Note responsible for contaminated material from tank failure SS Comments: Route 93N t0 Rowe 12� Contract Prlce for Labor, Material, and Equipment $ 3 ,650 . 00 take right off ramp and follow ii Liquid Disposal(unit cost) $ 40 . 00 to Route 114 ce, right,o�. ill t5glidDhpoul(trollcost) 11�4 to Hillside St . (First' Iv Analysis right) and take next ri rht� _. Innes - A.B. C . on your right . ' Clean Harbors Representative QUOTES FOR A.B.C . BUS COMPANY REGARDING TANK REMOVAL 1 . CLEAN HARBORS ------ BOSTON OFFICE'----140 ]Lee BURBANK H10,14 TAY----- REVERE MA. WRITTEN ESTIMATE----- SEE ATTACHED SHEET n 2. RAMEY COTRACTORS -- OAT( AVE---- METHUEN MA. VERBAL ESTIMATE-------- ROUGTTLY`fi4,000 3 . 1.IDDER CONTRACTORS--- HAVERHILL MA. VERBAL ESTIMATE--m----- Clean Harbors Inc. 24 HOUR SERVICE Boston Office Kingston Office Rhode Island Office New York Office 140 Lee Burbank Highway P.O. Box 193 P.O. Box 15026 P.O. Box 1812 .,Revere, MA 02151 Kingston, MA 02364 East Providence, RI 02905 Albany, NY 12201 (617) 286-1118 (617) 585,5111 (401) 438-5600 (518) 434-0149 October 25 1985 Company Name & Address �, . S Date. Town of North Andover Client Rep. Andy Melmikas 124 Main Street Telephone - (617 )68 -4350 _North Andover, Mass 01845 _. Job Location A-B--C Bus Company . Innes Street North Andover Mass Description of Services Clean Harbors, Inc . , is pleased to submit the following price regarding the cleaning and removal of 2 underground gasoline tanks and 1 good gal . and 1 2000 gallon gallon capacity at A.B. C. Bus Co. , N.Andover, Mass . Price includes all labor, materials and equipment needed. Scope of wor is as Follows 1. Pump and gas free each tank. 2 . Excavate and remove tanks . 3 . Transport and dispose of each tank. 4 . Fill void space . (approximately 40 yards) , with compariable material . ContractPrice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3 650 -00 - Li uid disposal beyond contract price . . . . . . . . . . . . . . . . . . . . . $.I40 er gal , Note: Note responsible for contaminated material from tank failure Comments: Route 93N to RoUAe 12t5 Contract Price for tabor,Material,and Equipment $ 3 650 ' 00 take right off ramp and follow i1 Llquld Disposal(unit cost) $- 40 ' 00 to Route 114 , take right on lil Solld Disposal(unit cost) $ 114 to Hillside St . (First' iY Analysis $ right) and take next right Innes - A.B. C . on your right . �'l.GitTM ,i �i- NORTH ANDOVER FIRE DEPARTMENY a • * CENTRAL FIRE HEADQUARTERS 124 Main Street %�s�cr�uSE� North Andover, Mass. 01845 . 7aI. (617) 686-302 VViL€_IAM V. DOLAN cuui tit oupartmont October 24 , 1985 Mr. Gaspar Balsamo ABC Bus Company 8 Adrian Street No. Andover, Mass 01845 Dear Mr. Balsamo; Enclosed is a receipt for the gas pump hose and nozzle which was taken by myself and Lt. Melnikas yesterday, October 23, at 11 . 45 at your facility. i As 1: informed you yesterday when I arrived, the tanks still need to be removed from the site. Also T secured the nozzle ' one ' um with a lock and removed the nozzle and hose from of P P the other since the locking catch was broken. The two underground tanks were checked by use of a dip stick and found to be emptied. pour truly, William V. Dolan, Fire Chief "SMOKE DETECTORS SAVE LIVES' U -oil xw 0 wow, c i 1�g1tAW q;. ��G i�t1� 1. ] af c `4• + NO.►n 1E MC CALEJ.INC. SBA,I'LE CREEK,MICN, 1 Date OCT 15 1985 1 ,I I NOTICE OF VIOLATIONS k ° OF THE 1 I FIRE PREVENTION ORDINANCE Lk l CI I Name / rye. ry' /�, '} 1 y"�j� Y '�,y(t Name GA::PAR 4J . RAI SAMO jk Address 70 WESLEY ST. NO . ANDOVER MASS. I Inspected premises located at: I1VMI' SPF`/A1IAr 'T' I 11 { Reveals violations of Fire Prevention Ordinance. You are hereby requested to correct the following conditions on or before i ' " J „ 1 f 5 C ,. .. rr, . it M.C �1:C.C,1�1.13�I. "��3 TANKS INCC71L:IA1VC;lA;�W1`:I.'II 1 a FAILURE TO COMPLY WITH THIS ORDER SHALL RESULT I BY � �? COPIES OF LAWS ATTACHED. ,k k f i i I� 4 i OFFICE of LICENSING COMMISSIONERS NORTH ANDOVER, MASSACHUSETTS IN HAND DELIVERY September 23, 1985 Gaspar J . Balsamo 70 Wesley Street North Andover, MA 01845 ABC BUS COMPANY NOTICE OF REVOCATION OF UNDERGROUND FUEL STORAGE LICENSE AND ORDER FOR REMOVAL OF TANKS Dear Mr . Balsamo: Please be advised that, a't ' a public hearing held on September 23 , 1985 , of which you received due notice and at which you chose not to appear, the North Anover Licensing Commisioners voted, pursuant to MGL Chapter 148 , section 13 to revoke the license issued for your property on j Innis Street/Adrian Street for the underground storage of 8,000 gallons of i fuel . The Board based this action on the rpeort received by the Building Inspector/Zoning Officer, that the property upon which this license is excercised has been found by him to be unlawful for the operation of a school bus garage, and the storing of school buses, and that a September 1 , 1985, deadline for remedying of the zoning violation has passed; and also Chief and Bd. of Appeals that the license upon recommendation of the Fare be revoked. Copies of relevant documents are attached. Further , in accordance with said section 13 , which provides, in part , "that if the land described in the license ceases to be used for the aforementioned uses, the holder of the license, shall within three weeks after such cessation, eliminate, in accordance with rules and regulations of the Board, all hazardous conditions incident to such cessation" , the Licensing Commissioners also voted to require that the aforementioned storage tanks be removed within three weeks of your receipt of this notice. Recognizing, further, that said section 13 holds that "if the holder of the license fails to eliminate such conditions, the .local licensing authority may eliminate such conditions, and a claim for the expense incurred by the local licensing authority in so doing, shall constitute a debt due to the . . . Town upon the completion of the work the Licensing Commissioners shall require that if said fuel tanks are not removed within three weeks, that the Town of North Andover shall cause them to be removed and assess the cost of such removal as a lien on this property. Sincerely, LICENSING COMMISSIONERS /)try( K nneth C. Crouch C airman KC:ch OFFICE OF LICENSING COMMISSIONERS NORTH ANDOVER, MASSACHUSETTS IN HAND DELIVERY September 23, 1985 Gaspar J . Balsamo 70 Wesley Street North Andover, MA 01845 ABC BUS COMPANY NOTICE OF REVOCATION OF UNDERGROUND FUEL STORAGE LICENSE AND ORDER FOR REMOVAL OF TANKS Dear Mr . Balsamo: Please be advised that, at a public hearing held on September 23 , 1985 , of which you received due notice and at which you chose not to appear , the North Anover Licensing Commisioners voted, pursuant to MGL Chapter 148 , section 13 to revoke the license issued for your property on Innis Street/Adrian Street for the underground storage of 8, 000 gallons of fuel . The Board based this action on the rpeort received by the Building Inspector/Zoning Officer, that the property upon which this license is excercised has been found by him to be unlawful for the operation of a school bus garage, and the storing of school buses, and that a September 1 , 1.985 , deadline for remedying of the zoning violation has passed; and also upon recommendation of the Fire Chief and Bd. of Appeals that the license be revoked. Copies of relevant documents are attached. Further , in accordance with said section 13 , which provides, in part, ",that if the land described in the license ceases to be used for the aforementioned uses, the holder of the License, shall within three weeks after such cessation, eliminate, in accordance with rules and regulations of the Board, all hazardous conditions incident to such cessation" , the Licensing Commissioners also voted to require that the aforementioned storage tanks be removed within three weeks of your receipt of this notice. f Recognizing, further, that said section 13 holds that "if the holder r, the local licensing of the license fails to eliminate such conditions, authority may eliminate such conditions, and a claim for the expense incurred by the local licensing authority in so doing, shall constitute a debt due to the . . . Town upon the completion of the work" , the Licensing Commissioners shall require that if said fuel. tanks are not removed within three weeks, that the Town of North Andover shall cause them to be removed ; and assess the cost of such removal as a lien on this property. Sincerely, LICENSING COMMISSIONERS NK "nneth C. Crouch C airman KC:ch cc: Fire Chief` d Town Counsel, Domenic Scalise/Peter Shaheen OFFICE of LICENSING COMMISSIONERS NORTH ANDOVER, MAS.SACHUSETTS IN HAND DELIVERY September 23 , 1985 Gaspar J . Balsamo 70 Wesley Street North Andover, MA 01845 ABC BUS COMPANY NOTICE OF REVOCATION OF UNDERGROUND FUEL STORAGE LICENSE AND ORDER FOR REMOVAL OF TANKS Dear Mr . Balsamo: Please be advised that, at -a public hearing held on September 23 , 1985 , of which you received due notice and at which you chose not to Commisioners voted, pursuant to MGL appear, the North Anover Licensing Chapter 148 , section 13 to revoke the license issued for your property on Innis Street/Adrian Street for the underground storage of 8,000 gallons of fuel . The Board based this action on the rpeort received by the Building Inspector/Zoning Officer, that the property upon which this license is excercised has been found by him to be unlawful for the operation of a school bus garage, and the storing of school buses, and that a September 1 , 1985 , deadline for remedying of the zoning violation has passed; and also upon recommendation of the Fire Chief and Bd. of Appeals that the license be revoked. Copies of relevant documents are attached. Further, in accordance with said section 13 , which provides, in part, "that if the land described in the license ceases to be used for the aforementioned uses, the holder of the license, shall within three weeks after such cessation, eliminate, in accordance with rules and regulations of the Board, all hazardous conditions incident to such cessation the Licensing Commissioners also voted to require that the aforementioned storage tanks be removed within three weeks of your receipt of this notice . Recognizing, further, that said section 13 holds that "if the holder of the license fails to eliminate such conditions, the local licensing authority may eliminate such conditions, and a claim for the expense incurred by the local licensing authority in so doing, shall constitute a debt due to the . . . Town upon the completion of the work" , the Licensing Commissioners shall require that if said fuel tanks are not removed within three weeks, that the Town of North Andover shall cause them to be removed and assess the cost of such removal as a lien on this property. Sincerely, LICENSING COMMISSIONERS K nneth C. Crouch airman KC:ch OFFICE OF LICENSING COMMISSIONERS NORTH ANDOVER, MASSACHUSETTS September 4, 1985 CERTIFIED MAIL/RETURN RECEIPT REQUESTED Mr . Gaspar Joseph Balsamo 70 Wesley Street North Andover, Massachusetts 01845 NOTICE OF HEARING ON UNDERGROUND FUEL FOR°A"V LICENSE: ABC BUS COMPANY Dear Mr . Balsamo: Please be advised that the North Andover Licensing Commissoners have voted to hold a public hearing, pursuant to Massachusetts General Laws, Chapter 148, Section 13 , to consider whether or not to revoke the license issued for your property on Innis Street/Adrian Street for the.. underground storage of 8,000 gallons of fuel . This hearing will be held on Monday, September 23, 1985 , at 7: 30 p.m. in the Selectmen ' s meeting room, Town Hall, 120 Main Street, North Andover ; and is being held for the reasons set forth below. Specifically, it is reported by the Building Inspector/ Zoning Officer that the property upon which this license is ' exercised has been found by him to be unlawful. for the operation of a school bus garage and the storing of school buses, and that a September 1 , 1985 , deadline for the remedying of this zoning violation has passed. attached.esof relevant reports from the Building Pe ctor You are invited to be present at the above-mentioned hearing, and to be represented by counsel thereat; to testify and present witnesses on your own behalf, and to cross- examine witnesses . Sincerely, LICENSING COMMISSIONERS Kenneth C. Crouch Chairman KCC/kar fi Enclosures cc: Fire Chief William V. Dolan �f Building Inspector Charles Foster 1� NORTH ANDOYER BUILDING DEPARTMENT Mork 120 MAIN STREET #t ��:`:,•! hoc Nonni ANDOVXH, MA 01845 . 's a *I ti'fwno IxepBCroa or BVILDYNCIH 7$L. 688-8102 ELECMCAL IxHPECT01t [3Ab INHPECTOR Septembeh 3, 1985 Board o6 Setectmen Town O�6ice Buitdc.ng No&th Andover, Ma. Re: A.B.C. Busy Company Zoning. V.i.otati_on GentCemen: This is a wt tten nequeat asking tAat the Board o� Se.tectmen vote to appoint counset and auppty the junds to .institute the tegat action necusany to cohAect the conti.nu,iftg zoning v.io&Uon of the A.B.C. Bins Company, at Adki.an StAeet, and to cottect j ineb, as pnov.ided .in the No&th Andover Zoning By Lam . Vent' tvtt y youX6, CHARLES H. FOSTER All INSPECTOR OF BUILDINGS AND ZONTNG OFFICER CHF:a6 Copy to: A.B.C. Bus Co. Town Counset John 41. Casey W0'RTH ,AWDOVER BUMDING DEPARTMENT Mo�rK � 'lab yo 1Q0 MAIN BTRZ'vr �+ its "�•'' °� NORTH ANDOVER. MA 01845 ' ' f � « ^, • 1jSACN+fs� - - 1NerzCT(>t or BUFLT)FNGS TaL. 888-8102 ELZVMCAL INaPECTOR GAa INarNMOR SeptembeA 3, 1985 A.B.C. Bm Company, Inc. Adh-ian Stkee t Noh th Andovm, Ma. Genttemen: p a The zoning viotat t.on of the A.B.C. Bus Company has not been connected by the September 1 deadUne; theh.e-- 6one, tegat action wiU now be brought by the Town o f North Andover to connect this continuing zoning viotati.on and to cottect jinez that ace due as nequ,ired by the North Andover Zoning By Lam. Very tnuty you", CHARLES H. FOSTER INSPECTOR OF BUILDINGS AND ZONING OFFICER CHF:a� Copy to: BDand o6 Setectmen 3 Town Counaet John W. Casey b � � r �aiACHVftt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS TO: Board of Selectmen', Zoning Enforcement Officer FROM: Board of Appeals DATE: August 16, 1985 RE: Application #46-85, John W. Casey The Board of Appeals has upheld the decision of the Zoning Enforce- ment Officer, dated May 21, 19B5 regarding ABC Bus Co. The Board recommends that in the event the ABC Bus Co. fails to comply with the decision to cease as of September 1, 19B5 , that P Y P the Zoning Enforcement Officer institute necessary legal proceed- ings to obtain enforcement forthwith, and to impose a penalty pur- suant to Section 10. 13 of the Zoning ByLaw. We also suggest that the Fire Department be informed of any proceed-- ings instituted and that a recommendation be made to have the permit for storage of fuels revoked. Further , the Board respectfully requests the Board of Selectmen to assist the Zoning Enforcement Officer should legal proceedings be necessary . Sincerely, AEF: awt Frank Serio, Jr. , Chairman BOARD OF APPEALS cc: Chief Dolan, Fire Department NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 0 r a is3ACNVS� INSYBCTOR OF 13UILIfINGB 7 1.. 688-8102 ELECTRICAL INHPECTOR GAN INBPECTOR May 21, 1985 A.B.C. Bus Company Inc. Adrian Street North Andover, Ma. 01845 Gentlemen: 3 You were previously notified by me that your bus company which is located on Adrian Street, constituted a Zoning violation. Said violation must be corrected by removing all busses by September 1, 1985. After this date no busses may be stored, garaged or parked on your property, located on Adrian and Innis Street. Ver; truly yours, Charles H. Foster.-- - �.�,.,�-� (d- �� -1--• INS 30TOR OF BUILDINGS and ZON] vG OrFICII3 C.H.F. M.D. enclose: copy to: Town Counsel John W.Casey A.B.C. Bus M • x NORTH ANUOVER IBUYUM4; DEPARTMENT 320 MAID STREET ' °r NORTH ANDOPXR. MA O1845 '• "�'Ysyops s s y,S r • �++�cmus lxsrzeTdst or Bvn.Dnaaa TE3- 688-8102 ELSCTiuCAL INBrECTOR GiRt IN6PXCI07t January 11, 1984 a Mr. Gaspar Balsamo d/b/a A.B.C. Bus Co. 8 Adrian Street North Andover, Ma. Dear Gaspar: I have carefully reviewed the question you raise about your bus company being a pre existing, non conforming use that may be allowed to continue at your location. In order to have a pre existing use that may remain, .-- there first must be a legally established use that is made non— conforming by a change in the Zoning By Law of the town. The Premises now occupied by the bus company were zoned agricultural from 1943 to 1972 and residential from 1972 to the present time. The operation of a bus company was not an allowed use during that period of time. In order for the bus company to remain as a legal non conforming use, it must have been established prior to 1943. Your letter -to me of December 13,' 1983,- states-that you started the bus company in .1471;. therefore,' the bus -company is not an allowed use, and your .land cannot be used for that :purpose. _. g I can under5tand and regret that this -ruling -.constitutes a severe personal and financial hardship to you; however, I hope j' you understand that I have to do my job of interpreting and enforcing the Zoning By law. You should regard this as my final decision in this matter. Very truly yours, CHARLES H. FOSTER INSPECTOR OF BUILDINGS and Z0141M OFFICER CHF:af Copy to Board of Selectmen SEC—ION 6., Penalty for Violations of Sections 2 through 5- Any city, town or district officer who wilfully neglects ors to comply with any duty or requirement imposed upon him by the preceding sections shall be punished by a fine of not less than twenty-five nor more than two hundred dollars. SECTION . Rep6rt of Fires. The marshal shall submit annually, before February fifteenth, a detailed report of all official action in rethelation tomaterial firportionses to the there- commissioner of insurance, .who shall embody of in his annual report. SECTION 8. Report to Insurance Companies, Etc. The marshal shall report to insurance companies, to owners of ersons interested in the subject matter of an property, or to other p ircumstances f a fire any information investigation of the cause and c hois opinion require attention obtained by such investigation which may in from or by such insurance companies, owners of property or other persons. The fire commissioner of the city of Boston shall make esignated like under reportssection of fires investigated by him or by a person by him d three. The marshal shall also repo t the head of the foriginire departmentreported the results of any investigation inrt to fires of suspicious to him by such head as required by section two. SECTION , Rules and Regulations for Explosive I s. storing, The board shall make. rules antransportationfor h keepingle, handlin otherdisposition ofuse, manufacture, saits products, or explosive gunpowder, dynamite, crude petroleum Or any Of torpedoes or any ts bl explosives compouuds, tablets,or inflammable fluids or firecrackers, or orks, of 'a like nature, or any other explosives, fire w spontaneously, or any substance having such properties that it may substance, or of any chemi- acting under the influence of any contiguousor generate inflammable or cal or physical agency, ignite, or inflame explosive vapors or gases to a dangerous extent, and may prescribe the location, materials and construction of buildings to be used for any of the said purposes. Such rules and regulations shall require persons using, selling, manufacturing, handling or transport- storing, keeping, te or other high, explOsives to make reports to the department ing dynami and in such detail that the quantity and location in such particulars thereof will always be a matter of authentic recor in and the by-1 departaws,mentnot Cities and towns may also make and enforce ordinandces and regulations, relative to the subject inconsistent with said rules a shall submit a copy Of each matter of this section. Each city or town law to the board within ten days after the passage such ordinance or by- blasting operations, or the thereof. Any ordinance or by-law regulating r gunpowder, shall use, handling, transportation or storage of dynamite o o not take effect until such ordinance or by-law is apprved by the board, or by-law that has not been approved or except that any such ordinance d as after the receipt thereof disapproved by the board within ninety y shall be deemed to have been *approved. 4 SF License for Storing, etc- Of Explosives; ,CTION 13. L 0 Cessation Removal of Hazardous Conditions up a of Use of Structure for Keeping, etc- ) Explosives; Revocation Of Unexercised Licenses. Na building.ilding or other structure shall, except as provided in section he keeping, storage, manufacture or sale of any fourteen, be used for t of the articles named in section nine, unless the -local licensingsuch au thority shall have granted a license to the land which building or other structure is or is to be situated for the aforemen- tioned . after a public hearing notice Of the time and plac of uses a at the expense Of the applicant, by which hearing shall have been give V, by publica- or of the local licensing authority, the clerk of the city seven days prior thereto, in a newspaper published tion, not less than se e in the city or town wherein said land is, situ- in the English languageaced, if there is any so published therein, otherwise in the county in , and also by the applicant by registered which such city or town lies to such hearing, to all owners of mail, not less than seven days prior ly opposite said land on any real estate abutting on said land or directthe most recent local tax public or private street as they appear on and unless application for such license is filed,list at the time the ap shall have endofrsed the f thereon redepather certi- the application for such license tment. ficate of approval or disapproval of the head oi , in the office of the city or town clerk, Such license shall be recorded g thereof by the licensing from the time of the grantin described therein and and it shall, attaching to the land authority, be deemed a grant a thereof running with the land and shall not as an incident of ownership the 1 privilege. Any license granted here- be deemed to be merely a persona storage, manufacture or sale of under, or any license for the keeping, named in section nine� granted prior to July first, articles any license reinstated and any of the hundred and thirty-six, including remain in force nineteen hu id, shall Any such license continued by the marshal as herein provid( unless and until revoked as hereinafter provided. A granted hereunder shall be subject to such conditions and restthrictions as may be prescribed in the license by the local licensing auority, which may include a condition that the. license be exercised to such ixed by such authority, extent and within such period as may be f s herein provided, the occupant of said land licensed a r 'ale of The owner or oc orage$ manufacture 0 s holder of any license for the keeping, St, July first, named in section nine granted prior to any of the articles including any license reinstated and nineteen hundred and thirty-six, on or continued by the marshal as herein provided, shall annually, file with the clerk of the city or town where before April thirtieth, been exercised, or in Boston, with the fire such license is to be or has be ambridgeo with the board of license commissioners$ ner, or in C and address of the commissioner, registration setting forth the name registration a certificate of re o certificate of holder of such license; provided, that n a garage for storing not more d as or any building use The board may shall be required f such a license. when once used underarticles named in than three vehicles, amount of any of the by regulation prescribe the building or other structure without a section nine that may be kept in a build ion, or either of them. Such fee as may be estab- license and registration, lished from time to time by ordinance or by-law may be charged for any r certificate of the head of the fire de- such license, registration o partment, respectively- 9 Every license granted under this section, and every certificate of registration filed under this section, shall be emed to be described inethe license rceases anted oto filed upon. condition that if theof the liense shall be used for the aforementioned e eliminate, and inc caccordance within three weeks after such cessation with rules and: regulations o¢ the balder of the board, all thezlicensecfailsisoston- cident to such cessation. Ymay . s, the local licensing authority the local eliminate such condition such conditions; and a claim for the expense incurred by licensing authority in so doing worklandconstitute render debt o due anthe account or town upon the completion e recoverable Exam and shall b therefor to the holder of the license, together with interest such holder in an action of ercentcter annumdfrom the date said debt thereon at the rate of six p p titute a lien on said-land if a becomes due, shall cons authority, settingsforthent theo ing amount claim, signed by the local licens claimed without interest is istfiled,deedswithifaxirecordnety aor registration,ys after the as becomes due, with the register if the county is the case may be, in the county or in the district, take divided into districts, fhthe statementlaforesaid and ere the land heshalllcontinue for effect upon the filing of such two ears from the first day of October next following the register of deeds . Y filing filing. Such, lien may be dissolved by the for record or registration, ivided into dist may ricts, in the 1 district, if the county is d a certificate Exam the colG °fwith interestor the citytand coststthereon,fhas which such lien attached, together been paid or legally abated. Such collector shall have the same powers to and be subject to the same duties with estatepect and the sprovisuch ionsim aof law s in he case of the annual taxes up rolative to the collectionhoTe4fchandnthe redemption ofual taxes, the lland sokso$door n a m land for the on p Y esuch claim. * to n taken shall apply public hearing,. The marshal may, upon application and after a p ranted prior to reinstate and continue in force and effect any license g storage 1�. July first, nineteen hundred and thirty-six, for the keeping, g , manufacture, or sale of any of the articles named in said section nine, � irrespective of the extent of the use and occupancy riorfto buildings dateoof other structures made or had under said license in the provisions of this such reinstatement and continuance, anything unless prior to such reinstate- chapter to the contrary notwithstanding, ment and continuance of sanedid lthatsa firee has boxnexplasion revoked fhazardswouldthe marshal shall have determined j result from the exercisecation, andf such cofsthe date ofe. The sthe hearing ithereon, ten notice of such appli to the head of the fire department of the city or town , after ssuch u- ated the land to which such application relates and shall, such city or town of the hearing, notify in like manner the clerk of action taken on such application. Any license granted hereunder between July first, nineteen Hundred teenth, nine and thirty-six and August seveneriodhofdatdleast andfifty threeone, both dates inclusive, not exercised for a p years, may be revoked by the local licensing authority after notice and hearing given to the owner or occupant of the land licensed. 10 i i When a fire or explosion hazard exists �rhis liable of t exist re due to the exercise of such lie ense, the marshal or depart- ment, shall issue an nrder to the licensee to and said marshall or saidehead ofsthe fire e exercise of such license department shall direct that reasonable measures to insure safety to the public .be undertaken at the expense of the holder of such license. Any license granted hereunder or any license for the keeping, storage, manufacture or sale of any of the articles named in section nine, granted prior to July first, nineteen hundred and thirty six, reinstated and continued by the marshal as herein herein including any license provided, may be revoked for cause after notice and a hearing given' , such owner or occupant, by the local licensing authority or by the marshal. Any building or structure erected or maintained under any of the aforementioned licenses shall always be subject to such replacements and alterations in construction and to such regulations of its use in respect to protection against fire or explosion as the board may pre- scribe. Any person aggrieved by the granting of a license hereunder an the ground that the exercise thereof would constitute a fire or rpto the hazard may, within ten days after the granting thereof, appeal marshal who, after notice and hearing, shall finally determine whether such a hazard would result. If, in his opinion, such a hazard would result, he shall notify the authority granting the license, and such hority shall constitute a revocation of notice when received by such aut imilar such license and no fan er licewithinsnneoyeareafter thesame Orsreceiptu e by such same land shall, be g authority of such notice. SECT 14, Inflammable Fluids in Motor Vehicles. Gasoline or any other volatile inflammable fluid which emits a vapor at a tested temperature below one hundred nisyinwaebuilding in the open air shall, when in.any motor vehicle which or other structure, be deemed to be kept in such building or structure within the oeanig to any buildf the inggineexistence on July first, this section shall n apply nineteen hundred and eleven, in which 'not more than two automobiles or motor vehicles are kept, if such building or part thereof is not used for holding gatherings of more than either for human habitation or twenty persons, or for giving entertainments, instruction or employment to more than that number, or to any private garageto a not in existence on said July first which is an appurtenance Iles are kept. and in which not t. more than three automobiles or motor v y Violation of ation SECT—ON Penalt tivefor to Transportation eoflExplosives Rela or inflammable Fluids, etc. Whoever knowingly violates or knowingly causes or permits the of any regulation ad violation opted and prescribed for the transporta- tion of gunpowder and other explosives or explosive or inflammable hall be punished by a fine of not more thano�ne fluids or compounds s both thousand dollars or by imprisonment for not more than one year, ll SECTI^ ON 16, Penalty for Violation of Rgulati.on Relative . to Storing, etc. , Explosives' Whoever keeps, stares, uses, manufactures, inells, kindleson oin wise disposes of any ofother- the articles meoned violation of section twelve or thirteen or of any regulati°�e ulationce or by-law made under section nine, or whoever violates any g made under section thirteen, or whoever, no being e ng exeoftafrom the icate provisions of section thirteen relating such fee as of registration, fails to file said certificate and o p a shall, except as provided in . may be established under section thirteen, sections fifteen and thirty-five and dein see eshedtionby a fine one r ed of not A of more chapter two hundred and sixty-six, than one hundred dollars or by imprisonment for not more than one month, or both. SECT_ ION7 . Powers of Courts. erior court may restrain the -The supreme judicial or sup inviolation of section thirteen coroof occupation or use of a building any regulation made thereunder. SECTION 18. (Repealed, 1934, 182, Section 2.) . SECTION 19 . Blasting Bond; Iee. Before the issue of a permit to use an explosive in the blasting Of ap rock or any oteresumbittshallafile prescribed with the bclerk ofy the p the mcity oretown plicant for theP a bond running to the city or town, where the blasting is to be done, penal sum, not with sureties approve d by the trassthermarshalforftheor soffier granting exceeding ten thousand dollars, the permit shall deterer t mineom the blastingyornitsdkeepingotherefarrxsk of damage that might ensue from permithe may deter- png t rovided, that' the marshal or the officer snaltsum not exceeding fifteen mine that a single and blanket bond in a p thousand dollars is sufficient to cover the risk under rfthemage permit soaissued blasting operations of the applicant, eitherThe from or under future permits to use explosivestx bl asting damagen injury or band shall be conditioned upon the pa y ty by reason of such blasting or keeping. resulting to persons or proper Such applicant shall pay to said clerk at the time of filing of the said bond the fee provided by clause (15) of section thirty-four of chapter two hundred and sixty-two. SECS ON 20 Actions on Bond. tion ht Action on a band filed under the preaTding assl�sultedabybreasongaf by any person to whom loss, damage or injury such blasting or keeping, and shall be broughtersonhebuminona event or the use and at the cost and expense of, such p of an employee shall action be brought on the bond for personal anjurbond are estab- of the person receiving the permit., If claims on any lisped to an amount greater than the t pe afnal thesum penalereo sum � c andexecut�aons shall be paid pro rasa to the amount shall issue accordingly. 12 similar device used for fire protection which is located in any public to conceal or private way so as to his d section onshall or ebec covere or punishedbyaay outlet thereof. Whoever violates this fine of not more than one hundred dollars. "'SECTION Rules as to Fires and Fire Protection. the head o The board shall make such suchs orders eorlrulessnothdinconsistentf the fire department shall make therewith, as may be necessary to promulgate a comprehensive fire safety code for the following purposes; any (1) to prevent or remedy any condiQYOVessel in rwhich t building, may tend to structure or other premises or any ship become a fire hazard or to cause a fire. for the protection (2) to provide adequate safety requirementsstructure of the public in the event of a fire in or about any building, or other premises or any ship , use, handling and manu- (3) to provide for the safe storage, materials, highly , facturing of corrosive liquids, highly oxidizing toxic materials or poisonous gases. SECTION 28A. Head of Fire Department to Report Violations of State Building Code. The head of the fire department or any person designated by him who, in the performance of his official duprovi.sioneofethen state dbuilding ition icode ch e believes to be a violation of any p or any amendments thereto, shall report the same to the authority charged r with the enforcement of such provision. SECTION 28B. Notification of Fire Departments of Use of Canine Guards. The board shall by rule require, and the-head of the fire depart- ment shall make such orders or rules not inconsistent e therewith, rialt any persons having control of a mercantile, rcial or indust establishment wherein canine guards are maintained shall notify the head of the fire department of the district, city or town within which such name, address and telephone number o establishment is located of the the person who supplies or controls such canines. SECTION 29 . Orders to Occupant or Owner. If buildings or other premises are owned one and occupied.. by p by another under lease or otherwise, the orders of the marshal or head of the fire department shall apply to the occupant alone, except where the rules or orders require the making of additions to or changes in the real premises themselves such as ediately inb such ecases the arules te dore the property of the owner orders shall affect the owner and not the occupant, a the uoccupant whose otherwise agreed between the owner and the occupant, use of the premises has caused the making of such additions or changes, the in addition to his rent or other paymen rcent ofall after the castthereofditions annuallyr changes are made, pay a reason p to the owner of the premises. No rule or order shall be made or enforced 20 i explosive shall be adjudged forfeited to the commonwealthandofelivered to the marshal or his authorized representative an d disposed at his discretion. SECTION 7. Tanks for Storage of Fluid; Penalty; Annual Inspection. No person shall construct, maintain or use' any tank or container of more than ten thousand gallons' capacity, lacatedfor undergraund� of with©ut any ffirst other than water,-unless the same securing a permit therefor from the commissermit The commissioner Whoever may, after notice and hearing, revoke any such p violates this section oedrbleaarinegofanatnlessethan under fifty nor following than section shall be punish y one thousand dollars. The commissioner shall cause such tanks to be inspected annually. The annual inspection nually by the comis nfee underlthe provision of be.determined nsection three B of sioner of administratio seven. The owner or use oftthehe t intendedank and tinspection� depart- chapter r of not less ment shall be notified of than fourteen days prior to the inspection date. Inspections may be made of the premises, tanks, dikes and related equipment at any time during regular business hours. SECTION 38. Rules and Regulations. The board shall make rules and regulations governing the c onsapuc- tion, use and maintenance of tanks to which the preceding plies. I SECTION 38A. '` Prohibition of Removal of Certain Gasoline Tanks without Permit. Na underground tank which- has been used for the keeping or storage of gasoline shall be removed or relocatehe the d unless a permit therefor shall first have been obtained from rmitssintthe fire cityaorhtownr where osuchial tank I' designated by him to grant p r is located. The fee for such a permit will be established in and ain ay a town meeting action and in a city by a city council action, town with no town meeting by town council, by adoption of appropriate by-laws and ordinances to set such fees, but in no event shall any fee be greater than two hundred dollars. SECTION 39. Blank Cartridges, Toy Pistols, Iireworks, etc III No person shall sell, or keep or offer for sale, or have in his or under his control, or use, or explode, or cause to ex- possession, substance, or any plode, any combustible or explosive composition or or an other article, combination of such compositionrofupraducing a visible or audible which was prepared for the purpose effect by combustion, explosion, deflagration, or detonation. For the purposes of this section the word "fireworks"" shall include ther articles and shall used, the typeinclude fblank compositions, substances or o explosiv e toy cartridges or toy cannons in which ro el thesame, firecrackers, balloon which requires fire underneath top p 23 f} V' 527 CMR: BOARD OF FIRE PREVENTION REGULATIONS 5.04 continued plastic containers, and they shall be kept tightly closed exceptgasoline when in use. Containers used for the uanti ha note o exceednd rfourteen (14) gal- garages shall have a total q Y Ions, and no such container shall have a capacity in excess of seven (7) gallons. (1$) No person shall sell or offer for sale any container having capacity of seven (7) gallons or less which in any y gasoline as being suitable for the storage and/or transportation the Marshall or kerosene unless such container has been approved bt of y theoval, and all and has permanently affixed thereon an rovaltaseissued by the Marshall. praval number, and the date o£ approval Gasoline container shall be red in solar and bear the Marshall and Kerosene container shall be of��a color approved on both the shall be shall bear the word "Kerosene. Letteringolor in boldface type. This one inch (1") high and of a contrasting y cans, which bear the listing of a nation- rule shall not apply to safetally recognized testing laboratory.* No gasoline or other petroleum products shall be allowed to flow (19) garage. upon the float of or into the drainage system of a tank truck in any portion (20) No tank wagon otther petroleum products dshall b for e kepttransportation o gasoline, oil, for the keeping of of a garage unless the garage is used exclusively such vehicles or unless the portion so used is separated from the rnot est rule of the garage by a fire wall. The the garage are therovisions Of spropertyeof one apply provided all vehicles kept owner. (2i) as No tank that has been used for the keeping storage of gasa- line shall be removedl or el,aws�da excet s amended provideedd in Section 38-A, Chapter 148 of 22) All openings nce in bartained rels or drums closed at all which have o times, Class A flammables shall tiedeor repaired.y when being refilled, emp 5.05: General Provisions gasoline storing or using g (1) All garages and the manner of keeping, mem- in connection therewith shall public u Safetyect ,, and the the spechead oofa the fire ber of the Department of department or his assistants. (2) In the event of a Teak, rupture, spill, overflow or other accident involving the handling of flammable Liquids, the head of the fire de- partment shall be notified immediately uel oil tanks and con (3) All underground storage faecilitiettentcshallf be installed and moni- tainers connected with burning q p toted ,for the prevention and detection of leakage ro provisions able an combustible liquids in accordance with the following of dip sticking (a) Accurate daily inventory records by shall be maintained and reconciled farn all indicat oott ofe or possible combustible leakage liquid underground storage tan from said tanks or piping. The records shall be kept on the pre- mises available for inspection by any member of the Department of Public Safety, head of the fire department ore of products daily shall include, as a minimum, records showing ty and reconciliation between sales, stem consptingts nof la tank(s), servnventory on ing If there is more than one §Y Note; Containers bearing the label of UnderwritersrQabdOrataries, Inc., or Factory Mutual Research shall be considered app Vol. 15 - 59 12/31/82 527 CMR: BOARD OF FIRE PREVENTION REGULATIONS 5.05: continued pump(s) or dispenser(s) for any product, the reconciliation shall be maintained separately for each tank system. (b) Daily inventory shall be maintained for each tank system at each location by the operator. The inventory records shall be kept for a minimum of the past twelve (12) months at the premises. The operator shall mean the lessee or person(s) in control of and having responsibility,for the daily operation of the facility for the storage and dispensing of flammable and combustible liquids. (c) Inventory shall be based on the actual daily measurement and recording of tank product and water levels and the daily recording of actual sales, use,and receipts. Daily measurements will be acceptable either by gauge, gauge stick, or by readout from an automated gauging system. The inventory records shall include a daily computation of gain or loss. The mere recording of pump meter readings and product delivery receipts shall not constitute adequate inventory records. (d) The operator of the location shall be responsible to notify the head of the fire department of situation, and to notify the owner or person(s) in control of the facility to take action to correct any abnormal loss or gain not explainable by spillage, temperature variations or other causes. the tank r sha I mean the person(s) storagesystem used for the who owns, as real property, storage and dispensing of flammable and combustible liquids. (e) As a minimum the following steps shall be taken in an expedi- tious manner when daily inventory records indicate an abnormal loss: 1. The inventory records shall be checked for error. 2. If no error is apparent, an independent calculation of ap- parent loss shall be made by a qualified person starting from a point in time where the records indicate a no loss condition. 3. If step 2 confirms no apparent loss, the readily accessible physical facilities on the premises shall be carefully inspected for evidence of leakage. 4. If step 3 does not disclose a leak, the dispensers used with the particular product involved with the apparent loss shall be i checked for calibration. 5. If steps 1 through 4 do not explain the apparent loss, the f' situation shall be reported promptly to the authority having jurisdiction. 6. If step 4 does not explain the loss, and if the piping system can be tested without the need for excavation, the piping system between the storage tank and .dispenser(s) shall be tested in ac- cordance with 527 CMR 3.06(20)(a). If it is necessary to ex- cavate to erfora k pipingt as st, such a test he shall en performed inac ordance h conducted after a storage step 7. 7. If step 6 does not disclose a leak, the storage tank(s) shall be tested for tightness by an approved test. arent loss, the B. If steps 1 through 7 do not confirm the app daily inventory shall be continued with a daily independent veri- fication by .a qualified person. Additional surveillance of the facility should be engaged to insure against unauthorized removal of product. 9. If any of the above tests or investigations indicate the source o take immediate f the loss, the owner shall action to correct the system failure. (f) Daily inventories need not be maintained on those days that an installation is not in operation, but not to exceed fifteen (15} days.` (g) The owner and operator will conduct an inventory verfTstiaA program on a scheduled basis, at least once every two (2) ye copy of the record of this verification program shall be kept an the premises available for ;inspectfon by any member of the Department of Public Safety, or head of the fire department or his designee. Note: Upon the cessation of the exercise of a license, the holder Vol. 15 - 60 12/31/81 527 CMR: BOARD OF FIRE PREVENTION REGULATIONS 5.05: continued ad of said license shall notify tseareaaorl distrncgt authority e d oftthehfire of the fire department in h1 department shall prescribe rules to eliminate 'hazardous conditions incident to such cessation as provided in 527 CMR 10.12 (2). REGULATORY AUTHORITY 527 CMR 5.00: M. G. L. c. 148, s. 9 and 10. i i 3 t: Vol. 15 - 61 12/31/81 527 CMR: BOARD OF FIRE PREVENTION REGULATIONS 10.11: continued (4) The basement and each story of a building which is subject to Section 21, Chapter 143 of the General Laws, as amended, shall be supplied with means of extinguishing fire, consisting of a hose attached to a suitable water supply and capable of reaching any part of such basement or story, unless the building has otherwise been provided with such portable apparatus as the inspector shall direct. Such appliances shall be kept at all times ready for use and in good condi- tion. Note: In this rule "Inspector" means an Inspector of the Division of Inspection of the Department of Public Safety. (5)(a) Any person, firm, corporation, society, association or partner- ship who keeps an unregistered motor vehicle in running condition which is equipped with a gasoline tank shall make certain that the vehicle is garaged or kept under surveillance in the same manner as a registered vehicle. (b) Any person, firm, corporation, society, association or partner- ship who keeps a motor vehicle outside of a garage for a period in excess of thirty (30) days, which, in the opinion of the head of the fire department or an inspector designated by him, is in such repair that it cannot be used or that it appears to him that it is not intended to be used, said person, firm, corporation, society, association or partnership shall be responsible for draining the gasoline from the fuel tank and immediately filling said tank with water or with a volume of trichloroethylene or other non-flammable volatile liquid equal to at least 5% of the volume of the tank within twenty-four (24) hours after written notification by the head of the fire department or inspector so designated. (c) Any person, firm, corporation, society, association or partner- ship who removes a fuel tank from a motor vehicle shall make cer- tain that such tank has been drained prior to removal from said vehicle. (d) Any person, firm, corporation, society, association or partner- ship who keeps or disposes of a fuel tank which has been detached from a motor vehicle, shall immediately make certain that such tank vol is drained and filled with water or a of the-flammable plume of ache tile liquid equal to at least five per cent (5%) 10.12: Miscellaneous Provisions (1) Any person having control of 'a mercantile, commercial or Indus- trial establishment wherein canine guards are maintained shall notify the head of the fire department of the district, city or town within which such establishment is located that such canine guard is main- tained therein. The head of the fire department and the person giving such notification shall cooperate in determining the procedure to be taken for the safety of authorized persons entering such mercan- tile, commercial or industrial establishment. (2) The holder of any license issued for the underground storage of any flammable liquid shall notify the local licensing authority and the head of the fire department whenever the provisions of said license cease to be exercised. Upon such notification, the head of the fire department shall pre- scribe one of the following rules to eliminate hazardous conditions incident to such cessation. (a) For temporary cessation: remove the product from tank, fill the tank with water or an inert gas, secure all openings to the tank by means of a screw plug or cap maintained wrench tight. Temporary cessation shall mean not more than six (6) months from the date that a service station is closed. 12/31/81 Vol. 15 - 105 527 CMR: BOARD OF FIRE PREVENTION REGULATIONS 10.12: continued (b) For permanent cessation: remove the product from tank, secure all openings to the tank by means of a screw plug or cap maintained wrench tight, remove tank. The removal of the tank shall be in accordance with the provisions of M. G. L. Chapter 148, section 38A. Permanent cessation shall mean when such service station is closed for a period in excess of six (6) months. (c) For the purpose of this regulation, a gasoline dispensing station shall be considered closed during a period in excess of seven (7) days during which the vending equipment and storage facilities remain in operating condition and the sale or dispensing of gasoline is discontinued as the voluntary or involuntary act of the owner or lessee thereof. (d) The removal of the product from tanks shall be done by a competent person using approved equipment under such terms and conditions as the head of the fire department may prescribe. All such products shall be disposed of as directed by the head of the fire department. (3) Any person removing a fuel oil tank from inside a building for a purpose other than replacement or repair, shall remove or securely cap both ends of all fill and vent pipes previously connected to said tank. REGULATORY AUTHORITY 527 CMR 10.00: M. G. L. c. 148, s. 28. i g t I'. I 12/31/81 Vol. 15 - 106 OFFICE OF TOWN COUNSEL 89 MAIN S'1'REET NORTH ANDOVER, MASSACHUSETTS 01845 ,AORTH -,(617)682-4153 DOMENIC J.SCALISE o z Y (617)689-0800 PETER G.SHAHEEN { Q TOWN COUNSEL SACHUS* August 30 , 1985 TO: Keith Bergman , Executive Secretary FROM: Town Counsel RE: ABC Bus Company This is to summarize our discussion of August 29 , 1985 . At that time , I met with you, Chief Dolan and Charles Foster , Building Inspector to review the ABC Bus Company matter . The September first deadline, established by Mr . Foster , for removal of the Bus Company due to their continued Zoning Violation is fast approaching. It is acknowledged by the Bus Company owners that they will not be able to meet the deadline . Therefore , we discussed some alternatives open to the Town at this time . One avenue open to the Town is legal action in the form of an injunction pro operating prohibiting the Bus Comany from out of its present location . Town Counsel is ready, if the Selectmen so desire , to seek enforcement of the Building Inspec- tor' s order through this type of Action . One problem that was raised with this action, however , was the crisis it would engender with the School Department and the fact that the Town may cause many children to be unable to attend school. Of course it was recognized that this could make this action unacceptable . A conference call to Superintendant Les Bernal confirmed these fears as he informed us that the School Department would be against this action unless and until a substitute Bus Company could be found, Chief Dolan suggested using authority pursuant to Chapter 148 on regulating underground fuel storage . This could allow the Selectmen to revoke the license ABC Bus Company has for storage of its fuel . If this action is taken , a hearing must be held with proper notice to the parties . Specific reason must be given for revocation of the license . If , however , the license is revoked, this could effectively prevent ABC from operating out of its present location . It was agreed that this alternative should be pursued along with other legal action . Finally, it was agreed that the Building Inspector would send notice to the ABC Bus Company that due to its refusal to abide by his order to vacate by September first , he would begin assessing penalties . The Building Inspector is given authority pursuant to Chapter 40A, Section 7 to impose fines and penalties for Zoning Violations . Mr . Poster indicated he would fine at $25 . 00/day for each day beyond September first that ABC Bus remains at its presennt location. It was agreed that review of the School Department ' s contract with ABC Bus was needed. Also coordination with the School Department in the event an injunction is deemed appropriate . Sincerely, Peter G. Shaheen Domenic J . Scalise i PGS , DJS/lja CC: Fire Chief Dolan Mr . Charles Foster , Building Inspector r P � f September 26 , 1985 3�uxex and TO: FIRE DEPARTMENTS FROM: STATE TREASURER'S OFFICE SUBJECT:. CHANGE OF TELEPHONE NUMBER It has come to our attention that Fire Departments have been trying to contact the State Treasurer's Office regarding Blanket Blasting Bonds. The telephone number has been changed (A.T.& T.) The new number is: 367-3900, Ext. 234. - Sorry for this inconvenience. ----------- --------- James F. Mandeville Deputy State Treasurer OFFICE OF LICENSING COMMISSIONERS NORTH ANDOVER, MASSACHUSETTS IN HAND DELIVERY September 23, 1985 Gaspar J . Balsamo 70 Wesley Street North Andover, MA 01B45 ABC BUS COMPANY NOTICE OF REVOCATION OF UNDERGROUND FUEL STORAGE LICENSE AND ORDER FOR REMOVAL OF TANKS Dear. Mr . Balsamo: Please be advised that, at, apublic hearing held on September 23 , 1985 , of which you received due notice and at which you chose not to appear, the North Anover Licensing Commisioners voted, pursuant to MGL Chapter 148 , section 13 to revoke the license issued for your property on Innis Street/Adrian Street for the underground storage of $,000 gallons of fuel . The Board based this action on the rpeort received by the Building Inspector/Zoning Officer, that the property upon which this license is excercised has been found by him to be unlawful for the operation of a school bus garage, and the storing of school buses, and that a September 7 , 1985 , deadline for remedying of tYie zoning violation has passed; and also upon recommendation of the Fire Chief and Bd. of Appeals that the license be revoked. Copies of relevant documents are attached. Further , in accordance with said section 13 , which provides, in pant , to be usefor the "that if the land described in the ic nsenseasss within three weeks aforementioned uses; the holder of the after such cessation, eliminate. in accordance with rules and regulations of the Board, all hazardous conditions incident to such cessationi the Licensing Commissioners also voted to require that the aforementioned storage tanks be removed within three weeks of your receipt of this notice. Recognizing, further, that said section 13 holds that "if the holder of the license fails to eliminate such conditions, the local licensing conditions, and a claim for the expense authority may eliminate such incurred by the local licensing authority in so doing, shall constitute a debt due to the Town upon the completion of the work" , the Licensing within Commissioners shall require that if said ereshallkcause them are notrtoobedremovec three weeks, that the Town of North Andover and assess the cost of such removal as a lien on this property. Sincerely, LICENSING COMMISSIONERS K nneth C. Crouch C airman KC:ch 1k0FTH -1atly��� co ,e�Ma�L fi NORTH ANDOVER FIRE DEPARTMENT r CENTRAL FIRE HEADQUARTERS « 124 Main Street North Andover, Mass. 01845 �sSAcwus Tel. (617) 686-3(s12 WILLIAM V. DOLAN ci)jer or Department To: Mr. Kenneth Crouch, Chairman No. Andover Licensing Board From: Fire Chief Dolan Date: September 3 , 1985 Re: Fuel Storage License -� ABC Bus, Adrian St. As a result of the September 3, 1985 decision of the Zoning Enforcement officer, 1 am requesting a public hearing for the purpose of revoking the fuel storage license of ABC Bus Company located on Adrian Street in North Andover in accordance with Mass . General Law Chapter 148 Section 13 . This parcel of land having been ordered to cease from its existing use. WillGiam V. Dolan, Fire Chief SAVE DIVES" "SMOKE DETECTORS NONTp ?SSAcmU TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS TO: Board of Selectmen Zoning Enforcement Officer FROM: Board of Appeals DATE : August 16 , 1985 RE: Application #46-85 , John W. Casey The Board of Appeals has upheld the decision of the Zoning Enforce- ment officer, dated May 21, 1985 regarding ABC Bus Co. The Board recommends that in the event the ABC Bus Co. fails to comply with the decision to cease as of September 1, 1985, that the Zoning Enforcement officer institute necessary legal proceed- ings to obtain enforcement forthwith, and to impose a penalty pur- suant to Section 10 . 13 of the Zoning ByLaw. We also suggest that the Fire Department be informed of any proceed- ings instituted and that a recommendation be made to have the permit for storage of fuels revoked. Further , the Board respectfully requests the Board of Selectmen to assist the Zoning Enforcement officer should legal proceedings be necessary . Sincerely , AEF: awt Frank S,6rio, irt:, , Chairman BOARD OF APPEALS cc: Chief Dolan , Fire Department/ f OoRTH O�o4LEo 66tiO �' . NORTH AND®VER FIRE DEPARTMENT � �. CENTRAL FIRE HEADQUARTERS 124 Main Street *�'1 3S ArfO�r"a44g North Andover, Mass. 01845 Acwu�E� Tql. (617) 686-3812 WILLIAM V. DOLAN G7iirf of Department To: Keith Bergman, Executive Secretary From: Fire Chief Dolan RE: ABC Bus Company Date: 15 August 1985 At the Board of Appeals meeting held on August 12 the concerns of the neighbors of the ABC Bus Co. agian focused on the date that the company will be notified to cease and desist in their operation. This date was to be September 1 as set by the xonning authority. Area residents also were concerned about underground storage once the company is ordered to stop doing buisiness. I have attached copies of M.G.L. Chapter 148 Sections 9 , 13 and 38A and a copy of 527 CMR 10 . 12 (2) which I believe ralate to this situation. On August 14 the Appeals Board confirmed the September 1st date. Once the order is formerly issued to the bus company and I am made aware of it, I will immediately send a letter to the Licensing Board requesting the revocation of the storage license. In this way you and the selectmen will have some information for the residents concerning the fuel storage at the site. Please cantact me if you wish further information regarding this matter. William V. Dolan Fire Chief ^ :r I t 4 - _-- SECTION 9. Rules and Regulations for Explosives. The board shall make. rules and regulations for the keeping, storing, use, manufacture, sale, handling, transportatian or other disposition a£ it gunpowder, dynamite, crude petrolecuatgbles,r nyotorpedoesdortany explosivese or inflammable fluids or compounds, of 'e like nature, or any other explosives, fire works, firecrackers, or any substance having such properties that it may spontaneously, or ence of any contiguous substance, or of any chemi acting under the influ - cal or physical agency, ignite, or inflame or generate inflammable or explosive vapors or gases to a dangeroofs buildings ato be may used s£ e the orbany of location,- materials and construction the said purposes. Such rules and regulations shall require persons keeping, storing, using, selling, manufacturing, handling or transport- ing dynamite or other high explosives to make reports to the department in such particulars and in such detail that the quantity and location thereof will always be a matter of authentic record in the department. Cities and towns may also make and enforce ordinances and by-laws, not inconsistent with said rules and regulations, relative to the subject each matter of this section. Each city or -law to the boadtown withina ten sdaystafterp f the passage such ordinance or by aw regulating blasting operations, or the thereof. Any ordinance or by-1 use, handling, transportation or storage of dynamite or gunpowder, shall s not take effect until such ordinance or by-law is approved by the board, ` except that any such ordinance or by-law that has not been approved or disapproved by the board within ninety days after the receipt thereof shall be deemed to have been approved 4 SECTION 13. License for Storing, etc. of Explosives; Removal of Hazardous Conditions upon Cessation of Use of Structure for Keeping, etc. , Explosives; Revocation of Unexercised Licenses. No building or other structure shall, except as provided in section fourteen, be used for the keeping, storage, manufacture or sale`'of any of the articles named in section nine, unless the local licensing au- thority shall have granted a license to use the land on which such building or other structure is or is to be situated for the aforemen- tioned uses, after a public hearing, notice of the time and place of which hearing shall have been given; at the expense of the applicant, by the clerk of the city or of the local licensing authority, by publica- tion, not less than seven days prior thereto, in a newspaper published in the English language in the city or town wherein said land is situ- ated, if there is any -so published therein, otherwise in the county in which such city or town lies, and also by the applicant by registered mail, not less than seven days prior to such hearing, to all owners of real estate abutting on said land or directly opposite said land on any public or private street as they appear on the most recent local tax list at the time the application for such license is filed, and unless the application for such license shall have endorsed thereon the certi- ficate of approval or disapproval of the head of the fire department. Such license shall be recorded in the office of the city or town clerk, � and it shall, from the time of the granting thereof by the licensing 'l authority, be deemed a grant attaching to the land described therein and as an incident of ownership thereof running with the land and shall not be deemed to be merely a personal privilege. Any license granted here' under, or any license for the keeping, storage, manufacture or sale of any of the articles named in section nine, granted prior to July first, nineteen hundred and thirty-six, including any license reinstated and continued by the marshal as herein provided, shall remain in farce unless and until revoked as hereinafter provided. Any such license granted hereunder shall be subject to such conditions and restrictions as may be prescribed in the license by the local licensing authority, which may include a condition that the license be exercised to such extent and within such period as may be fixed by such authority, The owner or occupant of said land licensed as herein provided, the holder of .any license for the keeping, storage, manufacture or sale of any of the articles named in section nine, granted prior to July first, nineteen hundred and thirty-six, including any license reinstated and continued by the marshal as herein provided, shall annually, on or before April thirtieth, file with the clerk of the city or town where such license is to be or has been exercised, or in Boston, with the fire commissioner, or in Cambridge, with the board of license commissioners, a certificate of registration setting forth the name and address of the holder of such license; provided, that no certificate of registration shall -be required for any building used as a garage for storing not more than three vehicles, when once used under such a license. The board may by regulation prescribe the amount of any of the articles named in section nine that may be kept in a building or other structure without a license and registration, or either of them. Such fee as may be estab- lished from time to time by ordinance or by-law may be charged for any such license, registration or certificate of the head of the fire de- partment, respectively. 9 Every license granted under this section, and every certificate of ion, shall be deemed to be granted; or registration filed under this sect filed upon 'condition that if the land described. in the license ceases to be used for the aforementioned uses; the holder of the license shall within three weeks after such cessation eliminate, and in accordance with rules and regulations of the board, all hazardous conditions in- cident to such cessation. If the holder of the license fails so""tn eliminate such conditions, the local licensing authority may eliminate such conditions; and a claim for the expense incurred by the local licensing authority in so doing shall constitute a debt due the city or town upon the completion of the work and the rendering of an account therefor to the holder of the license, and shall be recoverable from such holder in an action of contract. Said debt, together with interest thereon at the rate of six percent per annum from the date said debt becomes due, shall constitute a lien on said land if a 'statement of claim, signed by the local licensing authority, setting forth the amount claimed without interest is filed,. within ninety days after the debt becomes due, with the register of deeds for record or registration, as the case may be, in the county or in the district, if the county is divided into districts, where the land lies. Such lien shall take effect upon the filing of the statement aforesaid and shall continue for two years from the first day of October next following the date of such filing. Such lien may be dissolved by filing with the register of deeds . for record or registration, as the case may be, in the county or in the 1' district, if the county is divided into districts, where the land lies, a certificate from the collector of the city or town that the debt for which such lien attached, together with interest and costs thereon, has been paid or legally abated. Such collector shall have the same powers and be subject to the same duties with respect to such claim as in the of law estate case of the annual taxes upon real annual�taxes the and hrsaleioxstaking of relative. to the collection of such land for the non-payment thereof, and the redemption of land so sold or taken shall apply to such claim. The marshal may, upon application and after a public hearing,- nd effect any license granted prior to reinstate and continue in force a July first, nineteen hundred and thirty-six, for the keeping, storage, manufacture, or sale of any of the usearticles and occupancy nofa buildings id norine, irrespective of the extent of the other structures made or had under said license prior to the date of ce, anything in the provisions of this such reinstatement and continuan chapter to the contrary notwithstanding, unless prior to such reinstate- went and continuance of said license has been revoked for cause or the marshal shall have determined that afir� o r Thexplosion marshal shalldgivelwrit- esult from the exercise of such license ten notice of such application, and of the date of the hearing thereon, to the head of the fire department of relatesoandown shalleYein afterssuchu ated the land to which such appa he clerk of such city or town of the hearing, notify in like manner t action taken on such application, Any license granted hereunder between July first,nineteen hundred and fifty-onee and thirty-six and August seventeenth, of at least three both dates inclusive, not exerccaldlicensingfor ariod authority after notice and f years, may be revoked by the to hearing given to the owner or occupant of the land licensed. 10 When a fire or explosion hazard exists or is liable to exist due to the exercise of such license, the marshall or head of the fire depart- ment, shall issue an order to the licensee to cease and desist in' the' exercise of such license and said marshall or said head of the fire department shall direct that reasonable measures to insure safety to the public be undertaken at the expense of the holder of such license. Any license granted hereunder or any license for the keeping, storage, manufacture or sale of any of the articles named in section nine, granted prior to July' first, nineteen hundred and thirty six, including any license reinstated and continued by the marshal as herein provided, may be revoked for cause, after notice and a hearing given to such owner or occupant, by the local licensing authority or by the marshal. Any building or structure erected or maintained under any of the aforementioned licenses shall always be subject to such replacements and alterations in construction and to such regulations, of its use in respect to protection against fire or explosion as the board may pre- scribe. Any person aggrieved by the granting of a license hereunder on the ground that the exercise thereof would constitute a fire or explosion hazard may, within ten days after the granting thereof, appeal to the marshal who, after notice and hearing, shall finally determine whether € such a hazard would result. If, in his opinion, such a hazard would result, he shall notify the authority granting the license, and such notice when received by such authority shall constitute a revocation of such license and no further license for the same or similar use of the same land shall be granted within one year after the receipt by such authority of such notice. SECTION 38A. Prohibition of Removal of Certain Ggsolinq Tanks without Permit. No underground tank which has been used for the keeping or storage of gasoline shall be removed or relocated unless a permit therefor shall first have been obtained from the state fire marshal or the official designated by him to grant permits in the city or town where such tank is located. The fee for such a permit will be established in a town by a town meeting action and in a city by a city council action, and in a town with no town meeting by town council, by adoption of appropriate by-laws and ordinances to not such fees, but in no event shall any fee be greater than two hundred dollars. tkORTH '9 0 NORTH pp.® p#�.l{ ■Y�■ gyp{/fy1 p�r�. o�a���t4Ed 'a 6,Ya� ANDOVE ■ FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street SSacHus�� � North Andover, Mass. Qi 845 Tel. (617) 6$6-3$1 Z WILLIAM V. DOLAN chief of oepartment Reinspection of ABC Bus Co. , Adrian St July 15, 1985 08 : 45 A.M. I reinspected the ABC Bus Company on Adrian Street and found the pile of wood neatly stacked. This was the only item not done or noted on the report of July 3, 1985. i William V. Dolan, Fire Chief Date: July 15, 1985 copy: Charles Carrell, ABC Bus Co. Mrs. Casey "SMOKE DETECTORS SAVE LIVES" NORTH }206tt4en `6�Ho� o 1, ;6 NORTH ANDOVER FIRE DEPARTMENT + „ * CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, Mass. 01845 �SSACHUS Tel. (617) 686-3812 WILL.IAM V. DOLAN Chief of Department Re-inspection Report for ABC Bus Company Re-inspected by Lt. James Fitzgerald June 29 , 1985 Lt. Fitzgerald re-inspected the ABC Bus Company on Adrian St. on June 29 and used the report of June 14 , 1985 for his guide as to corrections. The Lieutenant reported to me, Chief Dolan, that at the time of his inspection all items had been corrected except for item #3 "storage shed" which he said was in the process of being done while he was on the site. On Monday, July 1 , I went to the ABC Bus Company and found the pile of lumber mentioned in item #3 still there. This material must be taken care of in the manner prescribed I! in the letter on June 14 . The material shall be cleared by I` Monday, July 15; as agreed to by Mr. Charles Carrol in our telephone conversation of July 2. I will re-inspect the premesis on July 15. It is hoped that the condition will be corrected, but if not the matter shall be handled under the conditions of MGL Chapter 148 Section 5 (copy attached) . Date: July 3 , 1985 r ` 2. 'f l / r William V. Dolan, Fire Chief copy: Mr. Charles Carrol Lt. Fitzgerald Macs Casey "SMOKE DETECTORS -SAVE LIVES" SECTION 3 . Entry Upon Premises and Removal of Combustible - — Materials Regulated; Penalty. The marshal , the head of the fire department or any person to whom the marshal or they head of the fire department may delugam his :author- ity in writing; may, and upon complaint of a person having; an interest in any building or promises or property adjacent thereto, shall , at any reasonable hour, enter into buildings and upon promises , which term for the purposps of the remainder of :his section shall include ,allays adjacent thereto; within their jurisdiction and make an invesLigition .as to the existence of conditions likely to cause fire. They shall , in Writing, order such COOK i S to he relEodied, and w6uvver h"c'.h off iLpr-, or porsons find in any building ur upuu ,n€y promisys € ny ac.cn€€€ulst ion. of combustible rubbish including, but not limited to, waste paper , ragh , cardboard, String, packing material , sawdust , shavings , StiCKS , 6 aSte leather or rubber, broken boxes or barrels or :any other rvfusd or use- able materials that is or may become dangnrous as a fire menace or as an obstacle to easy ingress into or egress from such buildings or prnmtsys , they shill , in writing, order the same to he removed or such conditions to be remedied. 'notice of such order shall be served upo€, the owner, occupant or his authorized agent by a member of the fire or police department. if said order is not complied With within twenty-four (sours , the person making such order, or any person designated by him, My Pntc°r into such building or upon Such premises and rvmuve such refuse ur any useable materials or abate Such cot€datanns at the expense of ,uc h owner or occupant . Any vxpvnsv so inLurrpd by or on behalf f of th€, (.oIl€€€€unwooILA or of any city or Lawn, shill be €i l icon upon such building or promisvh , vffectiVe upon the tiling in SO proper rvAintry eft Wds of A c. aQ thureuf signed by such person and moo-ting torch the s amount for Which the lien is claimed; and the lien shall he enforced j within the time ;and in the manner provided for the collection of t.aWs upon real estate. Any such owner or occupant who fails or refuses to comply with said order shrill be punished by a fine of not more: than fifty dollars for each consecutive fort} -eight hours during which such failure or refusal to comply continues. N6FRTk Q2gy�At�eo n�H10 NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS �o * 124 Main Street North Andover, Mass. 01845 pA` 5 4ssaCHUS� Tel. (617) 686-3812 WILLIAM V_ DOLAN Chief of Department Inspection Report For ABC Bus Date Inspected: 14 June 1985 by Chief Dolan & Lt. Fitzgerald Date for Reinpsection: 29 June 1985 by Lt. Fitzgerald On Friday June 14 at 09 : 50 Lt. Fitzgerald and I inspected the ABC Bus Company on Adrian Street as a result of a complaint from a neighbor as to the conditions of the building and operations regarding fire safety. 3 The ABC Bus Company uses two wood frame buildings, the larger being 21 stories , containing the offices on the first floor, the maintenance bays in the cellar {with access for buses from the end of Adrian Street) and parts storage in both the cellar and attic. Fuel dispensing is also done at the end of the building on the right side near the bus access . A smaller wood frame building is located to the right of the larger and contains a cellar, first floor and attic. Both buildings were previously used as chicken coops . The smaller building is used for storage; the cellar area being a storage area for materials which will be taken to a junk yard periodically. In conducting this inspection, 527 CMR 5 and 527 CMR 10 as contained in complete Fire Prevention Regulations compiled as in full force and affect Mass• General3Laws Chapterand �148ng all subsequent anendmx Each building was inspected jointly by Lt. accamgand usald dthrough- ie Mr. Charles Carrol of the ABC Bus Company p out the inspection and was given copies of 527 CMR 5 and 527 CMR 10. Office Building: , / 1 . Empty fuel storage tanks found on top floor were ordered to be removed (MGL 148 Chap. 28) . � 2 . Empty boxes on top floor, to be used when business moves, are to be stacked orderly rather than thrown in a pile. (527 CMR 5 . 04 (3) ) . NORTH of 1(,OD 0L NORTH ANDOVER FIRE DEPARTMENT * c. * CENTRAL FIRE HEADQUARTERS " n 124 Main Street e * D9..'"A rl OM North Andover, Mass, 01845 M,qS SAC NUSfu� Tel. (617) 686-3812 WILLIAM V. DOLAN 2 Chief of DepartnIent 3 . Near the rear stairway off the office, fice, acc mu (a ion of material needs cleaning out (527 4 . Compressor in cellar had a erial shoudldaberremoved and atomkeepycom- leaning on it. Material pressor area clear (527 CMR 5 . 04 (3) ) . 5 . Lack of "No Smoking" signs (527 CMR 5 . 04 (5) } • Needed 6 . Lack of adequate number of fire floorand extinguishers. one5 lb. ABC two additional 5 lb. ABC on top 9 in parts room in cellar and signs are needed over extinguishers (527 CMR 5. 04 (4) 527 CMR 10 . 02 {� } (lA} and (2) ) . Absorbing materials as required in 527 CMR 5. 04 (1) are needed throughout. 8. Self- closing receptacles 527 CMR 5. 04 (3) are also needed throughout. /g , Spray painting shall follow 527 CMR {23) and such rusted. �/ ons regarding spray painting shall be p air and regulata g prevent 10. Broken windows shall be boarded or sealed flow which would be detrimental to fire p (MGL 148 Sec 28) . 11 . Gasoline dispensing shall start a dai�5 .inventory record as to those regulations in 527 CMR 5 12 . Debris around fuel oil tanks in cellar to be removed / 527 CMR 5. 04 (3) . Storage Shed: � . Trash on first and attic floors to be cleared out (MGL 148 Sec. 28) . end of 2. Cellar doors to be closed and tacked areaaoftdiscarded business day to prevent entry parts and the present accumulation of materials to be disposed of {MGL hnearlstorage shed to be removed }f� 3 . pile of old lumberor to be stacked in an orderly manner (MGL Chap 148 Sec . 28) . On Saturday, June 29 Lt. Fitzgerald will under my orders reof -inspect these premises to see id rshallons reportthe to me above conditions have been made an he his findings . copy: Mr. Charles Carrol x �-tV✓ Lt. Fitzgerald William V. Dolan, Chief Mrs . Casey No. Andover Fire Dept. _ - ._ ..._.-­r -rr,oe Co11F I IVFS" NOREFIRE DEPARTMENT 124 ri North Andover Street 0 1845 ii�oo H- UN V. ['SCU...AN G;''hiet of Oepar Prmnt Inspection Report For ABC Bus Date Inspected: 14 June 1985 by Chief Dolan & Lt. Fitzgerald Date for Reinpsection: 29 June 1985 by Lt. Fitzgerald On Friday June 14, at 09 : 50 Lt. Fitzgerald and I inspected the ABC Bus Company on Adrian Street as a result of a complaint from a neighbor as to the conditions of the building and operations regarding fire safety. The ABC Bus Company uses two wood frame buildings , the larger being 21 stories, containing the offices on the first floor, the maintenance bays in the cellar (with access for buses from the end of Adrian Street) and parts storage in both the cellar and attic. Fuel dispensing is also done at the end of the ? building on the right side near the bus access . I, A smaller wood frame building is located to the right of the larger and contains a cellar, first floor and attic. Both buildings were previously used as chicken coops . The smaller building is used for storage; the cellar area 1 being a storage area for materials which will be taken to a. junk yard periodically. In conducting this inspection, 527 CMR 5 and 527 CMR 10 as contained in complete Fire Prevention Regulations compiled as in full force and affect on March 31 , 1983 and containing # nts and Mass. General Laws Chapter 148 . all subsequent ammendme Ili Each building was inspected jointly by Lt. Fitzgerald and myself. ii Mr. Charles Carrol of the ABC Bus Company accompanied us through- 1, out the inspection and was given copies of 527 CMR 5 and 527 CMR 10 . Office Building: 1 . Empty fuel storage tanks found on top floor were ordered to be removed (MGL 148 Chap. 28) . 2. Empty boxes on top floor, to be used when business moves , are to be stacked orderly rather than thrown in a pile. (527 CMR 5 . 04 (3) ) . i ''SMOKE DEFECTORS SAVE LIVES" � C:7ep arrrmont 2 3 . Near the rear stairway off the office, accumulation of material needs cleaning out (527 CMR 5. 04 (3) ) . 4 . Compressor in cellar had a radiator and seat material leaning on it. Material should be removed to keep com- pressor area clear (527 CMR 5 . 04 (3) ) . 5. Lack of "No Smoking" signs (527 CMR 5 . 04 (5) ) . 6. Lack of adequate number of fire extinguishers. Needed two additional 5 lb. ABC on top floor and one 5 lb. ABC in parts room in cellar and signs are needed over extinguishers (527 CMR 5. 04 (4) 527 CMR 10. 02 (1) (1A) and (2) ) . 7 . Absorbing materials as required in 527 CMR 5. 04 (1) are needed throughout. 8 . Self-closing receptacles 527 CMR 5. 04 (3) are also needed throughout. 9 . Spray painting shall follow 527 CMR (23) and such rules and regulations regarding spray painting shall be posted. 10 . Broken windows shall be boarded or sealed to prevent air flow which would be detrimental to fire protection (MGL 148 Sec 28) . 11 . Gasoline dispensing shall start a daily inventory record as to those regulations in 527 CMR 5. 05. 12 . Debris around fuel oil tanks in cellar to be removed 527 CMR 5 . 04 (3) . Storage Shed: 1 . Trash on first and attic floors to be cleared out { (MGL 148 Sec. 28) . 2. Cellar doors to be closed and locked at the end of business day to prevent entry to area of discarded parts and thepresent resent accumulation of materials to be disposed of (MGL Chap. 148 Sec. 28) . 3 . File of old lumber near storage shed to be removed or to be stacked in an orderly manner (MGL Chap 148 Sec. 28) . i On Saturday, June 29 Lt. Fitzgerald will under my orders ' re-inspect these premises to see if corrections of the above conditions have been made and he shall report to me his findings. copy: Mr. Charles Carrol Lt. Fitzgerald William V. Dolan, Chief l Mrs. Casey No. Andover Fire Dept. � R "a� SI �...;IK E III°. ~�. �. ~. n....IIV&�S � / ` i | | The SeIectmen of the Town of North Andover , Mass. shall require that the ABC Bus Company sign a written agreemect encompassing the following objectives and this agreement shall be given tn t t e Building Inspector of the Town of No. Andover , Mass. on or before . April 30, 1985. i It is further agreed that any violations of the agreement will be vigorously enforced by the Selectman and Building Inspector of the Town of No. Andover, Mass. It is further agreed that if full compliance of the agreement is not made by July 29, 19B5 to cease the viloations in question sanctions to the fullest extent of the law will be enforced including recommendations to other town bodies not to award any future contracts to said ABC Bus Company- The ABC Bus Company does willingly agree to comply with the zoning regulations of the Town of North Andover and will cease to use the land and building located on Innis Street in the Town of North Andover . _ The violation shall terminate on or before 12 midnight June 28, I9B5. This being 24 hours after the projected date of school closing in North Andover . The ABC Bus Company further agrees to move busses from this facility as other school systens close for the year under other contracts both public and private. All vehicles, Buses, cars, vans, wreckers and wrecks will cease to use this premises at 12 P. M. June 27, 19B5. The ABC Bus Company further agrees to move all parts and equipment not essential to the repair of vehic]eE on or before June 27, 1905. The existing gas supply shall be reduced to the lowest possible level on or before June 27, 19B5. The tanks shall be pumped out completely on June 28, 19B5 and the pumps removed by 12 P. M. on June 28, 1985. All underground storage tanks shall be dug up and removDd on or before July5, 1985. The tanks shall be removed from the premises on or before 12 P. M. July 5, 1985^ The building shall be broom clea� and completely vacant of any and all materials and equipment Dn or before 12 P. M. Saturday, Ju'Al C 29, i985. It is further agreed no use of the land or buildings in violation of R3 Zoning of the Town of No. Andover will occur after 12 P. M. on June 29, 1985. 1 . | � The ABC Bus nompany shall present to Lhe Building Inspector of the � Town of No. Andover I . The new pruposed location of all vehicics ! 2~ The proposed location of all Fquipment and materials remnv�d � id ises 3 To show writtan contracts as to the removal � from said pren ~ tanks t | and related pipes and pumps^ The � of the gas, gas storage d t d to the Ho Andover above a�reeme/�ts to be i n writing an �resen e . Building Inspector not later than Ma\' 30, 1985. The ABC Bus Company yardMall ha ll be loomed over and grassnd except for a small driveway not to exceed 12' wids on or before August 1 , 1985. Town Clerk April 24 , 1985 Main Street North Andover ,Ma. 01845 Dear Sir; I am writing this letter to inform all involved of the decision of the Board of Selectman , under the Zoning regulations , set the date of July 1 , 1985 for the complete removal of the A. B. C. Bus Company from their present location on Innis Street . This location is being used illegally . The A . B.C. Bus Co . has had a permit to store fuel at this location . I therefore request that any and all permits having to do with the storage of fuel cease as of the July 2,1985 date. Please send me any information as to renewals that may be pending or would be required through the July 1 ,1985 date . I want to be informed of any or all hearings ,meetings ect . as may be called by your board or having juristiction by you. inc rel o h n zW . cagi yy C/0 84 Innis St. Board of Selectman North Andover,Ma. 01845 C. Foster/Building Insp. 689-8781 Chief Dolan/ `ire slept . Board of Selectman Main Street April 24, 1985 Town Hall North Andover 0a, 51845 Selectmani I am writing to request a copra Of the letter which the board intends to send to ABC Pus Co. regarding the removal of the company from their Innis St. location on or before July 1 , 1985. Also I request to be notified of any corespondence or meetings between the town of North Andover and the ABC Bus Co. Si cerej w Ahn W. Caset� 84 Innis at. North Andover 0a. 01845 689--8781 c/o Town C lerl, €ha;r'-les Foster Building Inspector Chief Dolan Fire Department TC Wk! OF NORTH ANDOVER, MASSACHUSETTS OFf ML or �? o TELEPHAHr GIi2r64ES3 c G April 4, 1985 Mr . Charles Carrell ABC Bus Company, Inc . 8 Adrian Street North Andover , Massachusetts 01845 Dear Mr . Carrell: i Please know that the Board of Selectmen is in receipt of a r;- letter from the North Andover Conservation Commission announcing that board ' s decision to deny your application for a notice o intent in connection with your relocation on Turnpike Street . This new development would seem to present further problems for your planned relocation efforts . Accordingly, the Selectmen would wish to review this situation with you at our meeting on Tuesday, April 16 , 1985, at 7 : 30 p.m. in the Selectmen ' s meeting room, Town Hall, at which time and place we to take, would hope to hear what furtharainihel inu nd you eto ffectuateand your what assistance this board can be P g move in a timely manner . We look forward to seeing you on April 16 , 1985 . Thank you very much. Sincerely, BOARD OF SELECTMEN Christine M. mith Chairman cc: Conservation Commission Board of Hea :th Building In ector Fire Chief' Mr . Bruce Hannay, 45 -Innis St . Joanne Casey, 84 Innis St . 'TC)WN OF NCR'TI-i p.NDOVER, P, C) J" P, °� ,- ti��� 'i t_�crKohr. G82•BQ83 _ fY: k i 9ySRCNU`'EZ March 26, 1985 Charles Carrell 731 Chestnut Street North Andover, MA 01845 Dear Mr. Carrell: 3 I Please be advised that the Board has accepted your March progress i; report relative to a proposed move to new quarters on Turnpike Street. have another updated progress report during We would wish, also, to the month of April. Thank you. Sincerely, BOARD OF SELECTMEN Christine M. - Smith Chairman CS:cf cc: Bd. of Health Conservation '' Building In �Ctor Fire Chief A B C Bus Compan_)7 lac* P.O. Box 596 North Andover, Massachusetts 01845 686-0383 777-4080 J-A mo co,r) L >I_ (y)E-- C T1 A fA C (Z oc C00c ZR) L Lenz - � � jv Itv)CIA C 11e -0-4 C CcliL;St�!�_ L _.T I -T� r-j C2_c_t-vt; b C, J L U C_ )re C- t I'll L) C&25 c L yor. rr-z, Iex-s-�•�--vi,zn}z DEPARTMENT OF PURIAC SAFETY--DIVISION OF FIRE PREVENTION 4 1010 Cor,al.a(I)NWEALTH Avi_NUF. BosTON or Town)-- (nele) APPLICATION 1 R LICENSE For the lawful use of the herein described building . or other structure...., application is hereby made in accord- ance with the provisions of Chapter l48 of the General Laws, for a license to use the land on �shich such building.... or other st.ruct.ttre.... is/are or islare to be situated, and only to such extent as sbox+-n on plot plan n]Iich is filed with and made a part of this application, Location of land.. k7 „ :-1...i..!.►.:.�=-..... .].:....................Nearest cross street..........-....-.......................................................... rc. hu . .... ) —n �1: 1 '_ice'/. �' . }` Owner of land... _k7.1:.�-�J,.t.............k.::,..t..:..,.�.................Address ..4:-:,:.,..4✓'..:.�..:.�..1,.,........ Number of buildings or other structures to which this application applies........... ............................................................. Occupancy or use of such buildings..........-.`M�.,-tip?C. .kN........:[3.�! .-..... :�t ',::' .E:......................................................................... g Total capacity of tanks in gallons-:—Above round................................... ......................Underground ..........,............,...................... Kind of fluid to be stored in tanks....... r. �:aC}.E.: I:ir`..�:J.. tt.h..:�.1 :.... ;r.e..k.L6�:.G._:.......:.t: _..t.,....... .�.-..... S nature aE Applicant) ; r l rove _LDisa roz ed 13 c ` PP ............ ... �= i to C ..,...,. ..r.l�.l. .. . .,.. . ....� �t... .� J.................. ril ,.✓ .. (A dress) sad of Fire Dept.) -- _ o� _ -- _ _ _.-.. —._. ---- -- _— ��---- _ _�---- x - r DEPARTMENT OF PUBLIC SAFETY—DIVISION OF FIRE PREVENTION -_ - 1010 COMMONWEALTH AVENUE, BOSTON North Andover 3-1- 1g85 (City or Town) (Date) �N in accordance -%vitb the provisions of Chapter 148 of the General Laws, a license is hereby granted to use the land herein described for the lawful use of the building.... or other structure.... which Ware or is/are to be situated thereon, and as described on the plot plan filed with the application for this license. Location of land ... . . ....T A-rDP x.e.._5.t_.......................Nearest crass street ................................. ......................-..-...-...... Street & Dumber) Owner of land .......C.-Re.al. Y.....TX-Us-t............................Address �..s.�.�....Box...5.g6._..N..o•...�.?�...over.t..........SS. One :. Number of buildings or other structures to which this license applies ................................. Occupancy or use of such buildings ......School;...Bus.......a�3gE'............................................................................................... Total capacity of taliks in gallons:—Aboveground........................................................Underground .... .Q.�.Q�a....ga7_S..-....... Gasoline, . ............................ .......... Kind of fluid to be stored in tanks ..................................... --........ `. SEE ATTACHED ... Restrictions—lf an . ..... ..................................... ` ($ignature of ]iccn0139 autborik7 ' 1 t - i I , ■■Y -- h ' W Y IBC r� o17 .. Y 1•1 . Vir DEPARTMENT OF PUBLIC SAFETY---DIVISION OF FIFE PREVENTION 1010 Commc)NWGALTH AVENUE. BOSTON tt Zvi ( City or rann} (Date)APPLICATIU"N OR LICENSE For the lawful use of the herein described building.... or other structure..,,, application is hereby made in accord- ance Nvith the provisions of Chapter 148 of the General laws, for a license to ttse the land on wbich such building..,. or other structure..., is/are or is/arc to be situated, and only to such extent 'Is Shown on plot plan which is filed with and made a part of this application. rr ..................... r - Location of land,.U-15 !x .`•.t # ,: t Nearest cross street tot F Number} %)r . I l�/ �` �' !y 4 +!i„ a... .r..l✓...fir k,.�y .,.....,,.4.f.r..;,......1 1.Y kr,r.��:�.p.... (.'..r... Owner of land...--C-1 #ti'.t d....t...,......, t,s.,.t_:...x .................Address ., ..., Number of buildings or other structures to Which this application applies Cosy� ...................... Occupancy} or use of such buildings......,,.., .`.v tlt :•C• t, l i 4 �t��, a c !�c c r` f y` Total capacity of tanks in gallons:—Aboveground.. x.,_.... ,.Urrdergrnund .:;� .................... f „d. ........j...... ........... Kind of fluid to be stored in tanks..... `-.f_. . �..... t................. ............... ... ppra�ed Disapproved ...,.. ........ ....... nntC�at>� .......... t 4 f% .,:�.,.. '.`/ ../✓. ,l�.t,.«......................................... (Address) f C"1�lead of Fire Dept.) m DEPARTMENT OF PUBLIC SAFETY-"""DIVISION C7F FIRE PREVENTION 1010 COMMONWEALTH ,AVENUE, B05TON North Anqoyer (City or Town) (t7ate) In accordance with the provisions of Chapter 148 of the General Laws, a license is hereby granted to use the land I' herein described for the lawful use of the building.... or other structure.... which islare or is/are to be situated thereon, and as described on the plot plan filed rvit.h the application for this license. Location of land ...�.�.7. ..,' ??]= ? • ................I�Tesrrest cross street ...............,........................................................ Strett&Number} BQX rjC�i7 Na. A21daVE'Z� �aSS. Owner of land ,..�...�...�ea�. y... x list............................Address�'..,,Q,.,.,... P . 'Number of buildings or other structures to which this license applies ...............................One..,....,...,................,............,.....,...... ' Occupancy or use of such buildings ......�.Chool.,.Bus...����qe............................................................................................... Total capacity of tanks in gallons:--Aboveground................................ .. Underground ....�:C1.,.c�o.�?,.,.g.al.�.,........ Gasoline Diesel Heatin Fuel Oil Kind of fluid to be stored in tanks ............................ ....... Restrictions—If any: .... CD................ ................................,,.........,................................... .... (Signaturt 0[ licensing authority) a 5 p.�Va.1iz.> NSA- , aE �r CF •',e��x / s ��pK 2lE �S'"lQNA4 Es �p ED cq M ' � ` Y9'-r-- -fl l+, '' 4��5 �G t'faA7 k �� u All lz CU m 1 � _ • 4 � ® IKvtiGnjr:� Lc,C.r,r�nra c — -- TOWWP',! OF� NOR 111 ANDOVER, MASSACHUSETTS Caf t IC,.F. Uf" � E30ARD 0f. SELECTMEN l3 C7 F2 7 Fr TELEPHONE 682.6483 E- y. to 1 15 f 5 bl September 11, 1984 Charles Carrell ABC Bus Company Adrian Street North Andover, MA Dear Mr. Carrell : At their meeting on September 10, 1984, the Board of Selectmen voted to request that you forward to this office, a schedule of activities relative to your moving from your present location to a new location, within two weeks. Further, be advised that the Board of Selectmen voted to request that all operations be ceased at your present location, on or before April 30, 1985. Very truly yours, BOARD OF SELECTMEN hn W. Graham airman JG :cf cc : Chief Wm. Dolan Board of Health Building Inspector School Committee