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METHUEN, MASSACHUSETTS 01844
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FRANCIS H. COLLOPY
REG. PROFFESIONAL ENGINEEER
ENGINEERING CONSULTANTS
CIVIL
STRUCTURAL
DYNAMICS
Mr Robert Nicetta
Building Inspector
Town of North Andover
North Andover Municipal Building
North Andover, MA 01845
Dear Mr Nicetta,
METHUEN, MA 01844
RESIDENCE: (978) 685-7969
OFFICE I FAX: (978) 685-8069
June 3, 1998
I am writing in regards to the aircraft hangar project by the
Greater Boston Chapter 106 Experimental Aircraft Association at
the Lawrence Municipal Airport in North Andover. The purpose of
the letter is to bring you up to date on the progress at this
location. In the months of April and early May, I provided your
Office with three Field Reports which provided you with an
ongoing report on the progress. Since my last Report which
covered the time period from 5/3/98 to 5/8/98, there has been
little progress to report and therefore, I have not sent in any
Reports since that time. This letter is to serve to report the
present status of the project and the anticipated future work to
be accomplished.
From May 8, to May 22, 1998, the steel building erector ,
contractor finished up the installation of the siding material
and the roof surface, and installed the access doors and
hardware. He also attached the axial rod cross bracing, and
tightened up the framing bolts. There were a number of rainy days
which he was not able to proceed with his final installation due
to the weather conditions. Mr. Ed Dokus of the Greater Boston
Exp. Air. Assn. was on hand on many days as this minimum effort
installation would occur.
J A 1998
UN
Site visits:
On May 16, 1 visited the site and observed that some of the
siding had to be installed, and the roof had a small area to be
installed.
On May 27, 1 visited the site with Mr. Ed Dokus, and I observed
that the exterior shell of the building had been fully erected.
An interior wall is to be added after the interior concrete slab -
on -grade is poured and completed.
Mr. Dokus advised that he is in the process of accepting bids for
the concrete slab installation from a number of contractors, and
this may not be completed until near the end of the summer due to
some budgetary restraints. There was more site work which was not
expected when the construction began, which has been a drain on
available funds. Mr Dokus will advise me when the final soil
compaction takes place for the slab installation, and at that
time I will resume my site visits, and will provide you with the
appropriate field reports.
If you have any questions concerning this matter, please do not
hesitate to call this office.
Sincerely,
COLLOPY ENGINEERING CONSULTANTS
Francis H. Collopy, P.E.
Structural Engineer
cc: Ed Dokus
Town of North Andover D ORTH
OFFICE OF
0
0
COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Street
North Andover, Massachusetts 0 1845 .....
WILLLA.M J. SCOTT S CH
Director
(978) 688-953 1 Fax (978) 688-9542
March 31, 1999
Greater Boston Chapter 106
Experimental Aircraft Association
Mr. Edwin Dokus, President EAA106
7 Fairmount Street
Winchester, MA 01-8§0
1 �—;-; �-- -. . = , , �
Re: Hqn 280 HoltrRd
qar-�,.28,_
Dear Mr. Dokus:
I have reviewed your letter of March 11, 1999 concerning the Planning Board notice of
decision, dated December 12, 1997 which contains the restriction "storage of airplanes only. The
site shall not be used for the storage of fuels or other flammable material".
Pursuant to the decision, "any action by a Town Board, Commission, or Department
which requires changes in the plan or design of the building as presented to the Planning Board,
may be subject to modification by the Planning Board".
I suggest that you appear before the Planning Board requesting clairification or
modification of the "storage of airplanes only, tc. "portion of the decision also address the
issue of repair and maintenance in your facility, if you so desire.
As such, it may then be possible to issue a new certificate of occupancy without
restriction(s).
If I can be of further assistance please call my office at 978-688-9545.
Very truly your,
)-). Gk"J���
D. Robert Nicetta,
Building Commissioner
cc: Planning Board
Enclosure 3/11/99 letter
DRN:jm
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
GREATER BOSTON CHAPTER 106
EXPERIMENTAL AIRCRAFT ASSOCIATION
C/o
EDWIN A. DOKUS
7 FAIRMOUNT ST.
WINCHESTER, MA.
01890
(781)-729-5393
Robert Nicetta, Building Inspector
27 Charles St.
No. Andover, Ma
01845
March 11, 1999
Dear Mr. Nicetta, I
Having received our occupancy certificate for the hangar at 280 Holt Rd.. (Lawrence Airport), we are
concerned with the restriction of "storage only" that it contains. The notice of decision of the planning
board contained the restriction "storage of airplanes only. The site sliall not be used for the storage of
fuels or other flammable material." We are in agreement with this restriction concerning flammable
materials, and with the requirement that "the hangar must comply with all state fire and building codes."
Our concern is over the extension of the term 'storage only' to restrict other areas that are part and parcel
of our organization's activities.
As explained to the planning board and subsequently approved by that body, the hangar will be used
for assembly and subsequent inspection of home -built aircraft. As is the case with any new device, some
adjustment or revision is generally necessary prior to obtaining satisfactory performance. This being the
case, repair and alteration is likely to be an on-going activity at the hangar from time to time.
We are well aware of the provisions of 780 CMR 407.2 which states that in a facility such as ours,
repair and maintenance cannot be for profit. Indeed, our lease with the airport specifically prohibits any
commercial activity by our organization. While I don't think that any problem exists regarding our
activities, we have been advised by counsel to clarify this issue. Therefore would you please provide us
with a letter stating that the "storage only" restriction does not apply in the narrowest sense?
Thank you,
F,6,f,� ez
Edwin A. Dokus
President, EAA106
GREATER BOSTON CHAPTER 106
EXPERIMENTAL AIRCRAFT ASSOCIATION
C/o
EDWIN A. DOKUS
7 FAIRMOUNT ST.
WINCHESTER, MA.
01890
(781)-729-5393
March 11, 1999
Robert Nicetta, Building Inspector
27 Charles St.
No. Andover, Ma
01845
Dear Mr. Nicetta,
Having received our occupancy certificate for the hangar at 280 Holt Rd., (Lawrence Airport), we are
concerned with the restriction of "storage only" that it contains. The notice of decision of the planning
board contained the restriction "storage of airplanes only. The site shall not be used for the storage of
fuels or other flaininable material." We are in agreement with this restriction concerning flammable
materials, and with the requirement that "the hangar must comply with all state fire and building codes."
Our concern is over the extension of the term 'storage only' to restrict other areas that are part and parcel
of our organization's activities.
As explained to the planning board and subsequently approved by that body, the hangar will be used
for assembly and subsequent inspection of home -built aircraft. As is the case with any new device, some
adjustment or revision is generally necessary prior to obtaining satisfactory performance. This being the
case, repair and alteration is likely to be an on-going activity at the hangar from time to time.
We are well aware of the provisions of 780 CMR 407.2 which states that in a facility such as ours,
repair and maintenance cannot be for profit. Indeed, our lease with the airport specifically prohibits any
commercial activity by our organization. While I don't think that any problem exists regarding our
activities, we have been advised by counsel to clarify this issue. Therefore would you please provide us
with a letter stating that the "storage only" restriction does not apply in the narrowest sense?
Thank you,
� � � M. le M �
Edwin A. -Dokus
President, EAA106
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GREATER BOSTON CHAPTER 106
EXPERINE'NTAL AIRCRAFF ASSOCIATION
C/o
EDWIN A. DOKUS
7 FAIRM-OUNT ST.
WINCBESTER, MA.
M90
,781)-729-5393
Dcc.7,1998
WilliamDolan
Fire Chief, N. Andover
124 Main St.
North Andover, Ma.
01845
Dear Mr. Doian,
Thank you for the courtesy and assistance extended to me by you and yo r s d g my recent
taff urin
review of the fire records of the town of North Andover. In the last 25 years of hand written records that I
exan-dned, fire alarms at the airport consisted of standby for arriving aircraft with probieni-s fuel spills
during refueling, engine fires on the ramp, several crashes, and planes overturned by strong winds. The
only alarms involving buildings, were a bomb threat, alarin at the tower, and several at the
restaurant/terminal building. In no case did I find any report of a fire in a hangar. I believe this record
speaks well for the hangar structures and the fire consciousness of the tenants. I have included a copy of
these incidents for your examination.
I feel that tbisjustifies my contention that the hangars are not a hazardous environment and should
not be designated as such -
On the matter of a fire alarm for our hangar.. the issue is primarily an economic concern. The cost of
an alarmsystein connected to the munticipal network is approximateiv triple that of an equivalent non-
numicipal system. While we don't see the need for an alarm system at the present time, we do want one
for coverage of a heating system that will be desirable sometime in the future. On that basis, we would be
willing to install a suitable non -municipal system at this time. I have therefore asked the fire alarin
contractor for a system quote based upon consultation, with your office. If this course of action is
agreeable to you we would abandon our appeal to the State Board of Standards.
lurill call. your office later this week and hope to discuss the matter with you.
Edwin A. Dokus
President EAA106
cc: Building Inspector
?,/9 16'
GREATERBOSSTON CHAPTER R)6
E)G�ERIMENT AL AIRCRAFT ASSOCIATICON,
CjO
ED -WEN A- DOKUS
7 FAIlOviffiINT ST.
'�FNCHESTER� MA,
D�;u. 7, 11.99-8
Robert Niccua
Building inspector. N.A
120 Main St
Noah Andova,
Dear Mir. Nicetta,
Enciosed is a coWv of a leUter that 1 Sent to The Fire chief regarding m -f review of tie fire, records
covering the Menly year period betw.-eent l2i-2W76 and 2i!!97., !'mua Coniniend Chief Dolar, and his
sian for the comteous assistumce that was provided, ux during iny research of the records.
44V,t�- q. P&A&Z-,
Edwin A. WK -us
Presidem EAAlG6
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COLLOPY
65 AYER STREET
FRANCIS H. COLLOPY
REG. PROFFESIONAL ENGINEEER
ENGINEERING CONSULTANTS
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CIVIL
STRUCTURAL
DYNAMICS
Mr Robert Nicetta
Building Inspector
Town of North Andover
North Andover Municipal Building
North Andover, MA 01845
Dear Mr Nicetta,
I
METHUEN, MA 01844
RESIDENCE: (978) 685-7969
OFnCE I FAX: (978) 685-80 69
August 28, 1998
I.am.writing in regards to the aircraft hangar project by the
Greater Boston Chapter 106 Experimental Aircraft Association at
the Lawrence Municipal Airport in North Andover. The purpose of
the letter is to bring you up to date on the progress at this
location. I visited the site on Tuesday, August 25 with Mr. Ed
Dokus of the Gr. Bos EAA to inspect the final installation of the
interior metal stud wall which separates the aircraft hanger
portion from the workshop area. This wall is in place, and all
doors are installed.
At this point in time, the building is completed as regards the
foundation, framing, floor slab, and the interior partition wall.
This letter is to indicate that the construction of the actual
building is completed to my satisfaction, and is in usable
condition.
If you'have any questions concerning this matter, please do not
hesitate to call this office.
cc: Ed Dokus
Sincerely,
COLLOPY ENGINEERING CONSULTANTS
Francis H. Collopy, P.E.
Structural Engineer .
S50 YRS
11000� NORTH ANDOVER FIRE DEPARTMENT
CENTRAL FIRE HEADQUARTERS
124 Main Street
North Andover, Mass. 01845
i
WILLIAM V. DOLAN
Chief of Department
To Robert Nicetta, Building Commissioner
Re: Experimental Hangar
Dear Bob:
Chief (978) 688-9593
Business (978) 688-9590
Fax (978) 688-9594
As I mentioned in our conversation on Friday, December I I th, I just
received a drawing concerning the alarm system at this location. The plans
were acceptable to the Fire Department and I stamped them and returned a
copy to Mr. Vincent Landers. I do not see how the owner can be given
occupancy of any kind since the system has yet to be installed. Thank you
for your assistance in this matter.
Respectfully Yours,
6 P98
SERVING PROUDLY SINCE 1921
GREATER BOSTON C-HAKI EER W6
EXPERRVIEN'M AIRCRAFT ASSOCIATION
C/O.
EDWIN A� DOKUS
-7 FAIRMOUNT ST.
UNCHEMER, MA.
M90
(791)-729-.5393'
November 12, t999
Robert Nicetta, Building Inspector
Town of No. Andover
120 Main St.
No. Andover, Ma
01845
Dear Mr. Nicetta.
Enclosed is a copy of a letter, accompanying the application for Occupancy Certificate, that I sent to
you on- Oct. 15, 1998. Although it was sent via certified mail. return receipt requested, itapparently failed
to:reach you and the post office has been unable -to find a-reco.rd of it. For this reason I am sending -this
oopy-by -registered mail.
In,view of the unfortunate delay caused. by lost mail, I hope you will be expeditious -in your processing -
of the occupancy certificate request. In reading material from the town's by-laws, I see that a temporary
occupancy certificate may be issued to -accommodate the resolution -of specific issues- but I'm -unsure Of the
procedure involved. I am requesting therefore that you consider this option if you find it acceptable.
Thank you.
C
Edwin A. Dokus
President�-EAA106-
cc: Town Manager
61998
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GREATER BOSTON CHAPTER 106
EXPERIMENTAL AIRCRAFT ASSOCIATION
C/O
EDWIN A- DOKUS
7 FAIRMOUNT ST.
WINCHESTER, MA -
:01890
(781)-729-5393
October 15,1998
Robert Nicetta, Bldg. Inspector
Town of No. Andover
120 Main Sti
No. Andover, Ma.
01845
Dear Mr Nicetta,
Enclosed is the application for Certificate of Occupancy/ Inspection, and a copy of the letter certifying
completion of the structure by Collopy Engineering Consultants. We have an issue regarding the
requirement for a fire alarm system that we have not been able to resolve with the fire chief. By virtue of
my recent letter to him, (copy enclosed), I hope to get a favorable response in light of the state fire
regulations contained therein. Failing that we will proceed with an appeal to the State Board of Building
Regulations and Standards.
The building is locked to prevent vandalism but I can be available for an inspection visit with a day's
notice. Thank you.,
C4,
Edwin A. Dokus
Pres., EAA106
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GREATER 130STON CHAPM 106
EXPERIMENTAL AIRCRAFT ASSOCIATION
C/o
EDWIN A. DOKUS
7 FAIRMOUNT ST.
WINCHESTER, MA.
01890
(�81)-729-5393
William Dolan. Fire Chief
124 Main St.
No. Andover. Ma.
01845
00ciber I slh� 1.99R
Dear Mr. Dolan,
I am writing to inquire about your response to the Dec. 9. 1997 memorandum from Kathleen Colwell,
Town Planner, regarding the requirement for a fire alarm system at our then proposed hangar at Lawrence
Municipal Airport, In it, she asked that you respond to the issue raised, rega . rding the regulations
requiring a fire alarm, and make a recommendation. To date I have not received any communication
regarding Ms. Colwell's request. Construction is now complete and we are preparing to stibmit for a
certificate of occupancy,
To reiterate, the following references to 780 CMR are presented.
780 CMR 407.0 PRIVATE GARAGES
780 CM.R 407.2 DEFINITIONS
A garage of four or less passenger motor vehicles, four or less single motor airplanes, or one
commercial vehicle, without provision for repairing or servicing such vehicles for profit.
780 CMR 312 UTILITY AND MISCELLANEOUS USE GROUP
. ...... Use Group U shall include buildings such as private garages,. carports, sheds, and agricultural
buildings.
780 CMR 917.0 FIRE PROTECTIVE SIGNALLING SYSTEMS (FIRE ALARM SYSTEM)
780 CMR 917.4 WHERE REQUIRED
780 CMR 917.4.1, 917.4.2, 917.4.3, 917.4.4, 917.4.5, 917.4.6 ; USE GROUPS A, B, E, H, 1, R-1,
and R-2.
USE GROUP U is not included in the list nor are USE GROUPS F, rvL R-3. R-4. R-5, S-1 or S-2,
In view of the above, and considering that the size of the hangar could not accommodate an excess of four
aircraft, the building is in compliance with the state fire code as required by the site plan review that was
approved on Dec. 18, 1997, without the installation of a fire alarm sygem. I am requesting that you
attend to this matter in a timely f�shion so that Mr Nicetta may
proceed with processing the occupancy
certificate. I have enclosed a self addressed, stamped envelope for your reply.
Edwin A. Dokus, President
cc: Planning Board, Kathleen Colwell
Building Department, Robert Nicetta
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APPLICATION FOR CERTIFICATE OF OCCUPANCY/INSPECTION
ADDRESS/LOCATIONOF PROPERTY: OR-- C1,40k s�y-
DATE REQUESTED FILED/READY FOR INSPECTION
CLOSING DATE ON PROPERTY:
FIVE (5) DAYS NOTICE PRIOR TO closing DATE IS REQUIRgD
ALL WORK AND SIGN -OFFS MUST BE COMPLETED WITHIN THIS TIME
FRAME. A RE -INSPECTION FEE OF TWENTY DOLLARD $20.00) WILL BE
CHARGED IF THE STRUCTURE'DOES NOT MEET ALL APPLICABLE -CODES.
SIGNED
771,
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COLLOPY
651AYER STREET
FRANCIS H. COLLOPY
REM PROFFESOUL ENGINEEM
ENGINEERING CONSULTANTS
Mr Robert Nicetta
Building Inspector
Town of North Andover
North Andover Municipal Building
North Andover, MA 01845
Dear Mr Nicetta,
METHUENj MA 018"
REMEMM 7� 6M"69
0FRCE1FAX*R7 6"69
August 28, 1998
I am writing in regards to the aircraft -hangar project by the
Greater Boston Chapter 106 Experimental Aircraft Association atl
the Lawrence Municipal Airport in North Andover . The purpose of
the letter is to bring you up to date on the progress at this
location. I visited the site on Tuesday, August 25 with Mr. Ed
Dokus of the Gr. Bos EAA to inspect the final installation of the
interior metal stud wall which separates the aircraft hanger
portion from the workshop area.- This wall is in place, and all,
doors are installed.
At this point in time, the building is completed as regards the
foundation, framing, floor slab, and the interior partition wall.
This letter is to indicate that the construction of the actual
building is completed to my satisfaction, and is in usable
condition.
If you have any questions concerning this matter, please do not
hesitate to call this office.
Sincerely,
C'A OF COLLOPY ENGINEERING CONSULTANTS
FRANCIS W.
Se COLLOPY.
20272
Francis H. Collopy, P.E.-
do Structural Engineer
Ed Dokus
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TOWN OF NORTH ANDOVER
OFFICE OF
TOWN MANAGER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 0 1845
Robert J. Halpin
Town Manager
Mr. Edwin A. Dokus
7 Fairmount Street
Winchester, MA 01890
Dear Mr. Dokus:
,40RTil
0
40
CHUS
November 25, 1998
6 o 6 Ae-,,c- *- ga-
Telephone (978) 688-95 10
FAX (978) 688-9556
Thank you for your letter of November 14, 1998. 1 am certain the requirements of the
Building Code and related life safety codes are dictated by the type of construction and not
necessarily by the specific short-term use.
In other words, the construction of a hangar triggers the requirements to which you refer,
and I am afraid that we cannot waive those requirements.
RJH/amk
Edwin Dokus.doc
RECEIVED
NOV �� 5 1998
BUILDING DEPT.
* � 0
Lawrence Muni . o pal. Airport
492 SUTTON STREET
NORTH AN DOVE R.�MASSACH USETTS 01845
(978) 794-5880,'
FA� (978)794J961,�,
November 23, 1998
William Dolan, Chief
North Andover Fire Department
124 Main Street
North Andover, MA 0 1845
Dear Chief Dolan:
In regard to the situation between you and the Experimental Aircraft Association hangar,
I understand that you have instructed them to install a fire alarm system. I assume that
this is to be hard wired to your dispatch.
I am also aware that the State Fire Marshall's Office does not require a hangar of that
nature to have an alarm system. In addition, I am aware that the local Fire Department has
the right to over -rule the. State Office. 1 also understand that the EAA is in opposition to
your decision.
It is my position that this office cannot take sides in the issue and that the interaction
should be between you and the EAA. We will stand by whatever final decision is
resolved between the two of you.
Si cerely,
arshall A. MacKinen, CA
Airport Manager
cc- EAA - Chapter # 106
Patricia A. Dowling, Mayor, City of Lawrence
Robert J. Halpin, Manager, Town of North Andover
Airport Commission
file
RECEIVED
NOV 2 5 1998
BUILDING DEPT.
RECEIVED
NOV 2 3 1998
LEASE AGREEMENT
BETWEEN
BUILDING DSITTWRENCE MUNICIPAL AIRPORT CO
AND
1998
JAN 1 3
Pal. N N .9 0 A F0
GREATER BOSTON CHAPTER 106, EXPERIMENTAL AIRCRAFT ASSOCIATION
E
This Lease Agreement (the Agreement) haviD.9 an effective date of July 9, 1997,
between the Lawrence Municipal Airport Commission, a public agency duly created by the
City of Lawrence, Massachusetts, and acting pursuant to the statutory powers set forth under
Massachusetts General Laws, Ch. 90, Secs. 51D through 51N, inclusive, as the same may
have been amended (the Lessor), and having its usual place of business at the Lawrence
Municipal Airport with a Post Office Address of 492 Sutton Street, North Andover,
Massachusetts 01840 and Greater Boston Chapter 106, Experimental Aircraft Association, a
non-profit corporation duly organized under the laws of the Commonwealth of Massachusetts
having a mailing address of 7 Fairmont Street, Winchester, Massachusetts, 01890 (the
Lessee).
Lessor is the proprietor of an airport known as the Lawrence Municipal Airport located
in the Town of North Andover, Essex County, Massachusetts, (the Airport).
Lessor has the right and authority to grant the leasehold interests in the land at the
Airport;
Lessee desires to construct a 48 foot by 57 foot hangar to serve the avocational and
educational pursuits for which the chapter was founded, to- erve-a-shop-and-a-stora e -facility.
9
Lessee desires to build on site comprised of a total of eight thousand, three hundred and
seventy (8,370) square feet of ground space, more particularly depicted in Exhibit "A"
attached hereto. Now, therefore, in consideration of the covenants and conditions herein
contained, the Lessor and Lessee agree as follows:
1 . PREMISES
Area "A" as described in Exhibit A and as"shown on the property sketch made part of
Exhibit A comprising 8,370 square feet.
2. DATE OF OCCUPANCY
The. effective date of occupancy for the purposes of this Agreement is July 9, 1997.
J
3. TERM
This Lease shall be held by the Lessee for a term of five (5) years, with an option to
renew atthe end of five years. Such option must be exercised by the Lessee at least one
month prior to the expiration: oft. the iiW
�g . , e (5) year, term, and: them exercise (if
or fiv
such option..
C��4pprove& by.,
or t
d vote -Of... a.: maj Y f L 6rt C
C, mai i ���o e-. �, aw
rence un1cip*,.,Aifp. ommission.
Said' orarms�'sibn will not unreasonably withhold such approval.
4. BASEREN
The Lessee shall rent this 8,370 square foot premises from the Lessor at a rate of $.15
per square foot, for an annual rent of $ 1,255.55. This rent shall be payable in twelve equal
instalIments of $104.63, due and payable on the fir'st day of each month. Base rent shall
become due and payable on the, date that the actual permitNof occupancy is issued for the
month following_ that date, or January 1, 1998, whichever occurs first. This amount shall be
referred to as the "Base Rent".
5. REN F ADJUSTMENT
The base rent, at the discretion of the Lessor, shall be subject to review and adjustment
on the third (3rd) anniversary of the effective date of the Agreement and every three (3) years
thereafter during the term of the Agreement. For each such three (3) year period, the Base
Rent, if adjusted, will be adjusted by multiplying the initial Base Rent by a fraction (so long as
the fraction is more than the whole number one (1), the numerator of which will be the Price
Index as of the month preceding the period or which the rent is being calculated and the
denominator of which will be the Price index as of the first month of the Agreement. As used
in this Agreement, the term Price Index means.the "Consumers' Price Index - US Average
(All Cities) All Urban Consumers, 1967- 10011 published by the Bureau of Labor Statistics of
the United States Department of Labor, or if the publication of the Consumers' Price Index is
discontinued, a comparable index which clearly reflects the diminution of the real value of the
rent herein provided for.
6. TAXES
The7L-essee--shall7payzas::addit-ional�rent--all--r-eal-es.tate-itaxes--,assessed upon- any-strUcture
orzimprov—ements -iP—O-Et-hE--Ue-a§ed---Pr emi—ses;��
The Lessee shall pay all sales, use and excise taxes due as a result of its business
conducted on the premises, and personal property taxes, if any, assessed against its personal
property on the Premises.
.Ld3G Maine
8661 t Z AON
C13A13038
r
2
7. PREMISES
Lessee has the right to Ilse the Leased Premiscs for the following purposes and
activities, -including those incidental and directly needed to accomplish such purposes, and for
none other:
a) To manage, bperlaie, and' mamtain an a I ircr�ft hangar building or build I ings on
the leased property. Any demolition, substantial reconstruction, addition, or expansion to the
building which exists at the effective date of the Agreement is subject to review and approval
of the Lessor, subsequent to submission by the Lessee,, of certified plans and/or drawings to
the Lessor.
Approval will be by a majority vote of the Lessor at a scheduled, publicly noticed
meeting held at the Lessor's business offices I located at 492 Sutton Street, North Andover, MA
or other location so publicly announced. '1%
b) Lessee has the right, at the Lessee's expense, to construct, maintain, eplace,
and use utility lines, including, but not limited to " wires, poles, cables, pipes, and drains ' on,
above, or under the Leased Premises and. other land of the Lessor for the purpose of provi' ing
]d'�
utilities, water, sewers, and other amenities or conveniences to the Leased Premises, aat
locations to be approved by the Lessor. Such approval will not be unreasonably withheld.
C) Lessee may offer, grant, sell, exchange, license or assign individual hangars
and/or the right to the use and occupancy of individual hangars to others, provided that, as a
condition of sale, grant, assignment, or license , notice thereof shall be given to the Lessor
and each such buyer, grantee, assignee, or licensee agrees in writing to conform to the
provisions of this Lease just as such provisions are applicable to Lessee, except as to payment
of rent, which shall remain the responsibility of the Lessee, and the Lessee shall not thereby
be relieved from any of its other obligations hereunder.
d) It is expressly understood and agreed that approval herein of the. transfer of a
right to possession of an individual hangar by the Lessqe�to--anotherr7d6b-saut and -Will -rot),
without -the -expres s-writtdif-consent -of,-th
ez�&essor, include the right of any buyer,- grantee,
assignee or licensee tc�--cond-uct-anYz--commercial-aeronautical-or- other -commercial actiVity-,
except the right to hangar an aircraft
in the buil&—ng.—H�owever, the—storage of aircraft owned
by a Fixed Base Operator on the Airport, recognized. as such by the Lessor and which aircraft
is used for lawful commercial purposes, shall be deemed a permissible use of the hangar.
e) Lessee agrees to use leased premises only in a manner which conforms with the
laws of the Commonwealth of Massachusetts.
. f) Occasional -fund- raising - - activities -such- as -plane -wash T- pancake -breakfast, and
,_,4-viation - flea -market with, suitable prior notice--.
3
8.
.Puriiiig the term, of�,.th6- Agr�.
Lessee stiol�I�omply
di
id; ns�xe' 44��_Iaws,.,,.�or inances,
o e, L a"
atio
:,:regul th" Wrenc Mund
UP . Airport, and its fAcihtIds- adopted or
promulgated by Lessor or any other public agency, authority, or governmental body having
jurisdiction over the Airport or the conduct and operat.-on of its facilities.
The Lessee shall have the right, in common with others, to use the airport facilities,
including taxiways, lighting facilities and landing facilities, without additional rent, unless
expressly assented to by the parties to the Agr e-ement.
e - t -an- tivity-which- imbroper, on
UL 0
QK-_ _contrary -i.S:UftIaWfd 2 ensive,
—to-- aws—.regu
-Unit&- s merica,
d-Stat�—&f
Q
QPifinionwea-Ith Mas-Sac-hu—Sd-ffS-;:City—
of -L
'or-_Town-of-North:7A-ndovqr. The Lessee
shall not use, nor permit the use, of the leased property for any purpose which will cause a
cancellation of any insurance policy covering any building located on the leased property.
The Lessee shall not use or permit the use or sale of any article, substance, or product which
may be prohibited by any of the foregoing restrictions or by any standard form of insurance
policy. Lessee recognizes that as a not-for-profit corporation it may be subject to additional
restriction under chapter 180 and the other laws of this Commonwealth. Lessee agrees to
comply with all such laws as they effect this tenancy. .
The Lessee shall, at no cost to the lessor, comply with all requirements pertaining to
the Premises, necessary for the maintenance of insurance covering any building or
appurtenance at any time located on the leased property.
The Lessor makes no guarantee, warranty, or representation that the leased property is
fit for the uses they may be put by the Lessee, or of any other uses or purposes whatsoever.
9. LN 5- �-N ICE
The Lessee shall, at its own cost, insure the leased Property against loss or damage by
fire or other casualties in an amount not less than the full insurable value.
The Lessee shall, at its own cost, secure an� maintain, during the term of the
Agreement, comprehensive public liability insurance, insuring both Lessee and Lessor, against
claims for injury to persons or property sustained by anyone while in or o the leased prope
jury to be not less than $500,000 per person and $1,000,000
with such coverage for personal in 11 rt -y
per accident and $100,000 for property coverage. Certificates of insurance of all such policies
will be filed with the Lessor, and the policies will provide for no cancellation of the policy
without ten days prior notice to Lessor. Cancellation of any policy, as a result of failure, by
the Lessee, to pay the required premium will be considered a breach of the Agreement.
Policies will be in insurance companies authorized to do business in Massachusetts.
All such liability insurance with respect to the premises shall be maintained in the name of
both Lessee and Lessor with Lessor named as an additional insured. Certificates of insurance
of all stich policies shall be filed with the City Clerk of Lawrence and the Airpor-t
Commission.
The Lessee shall indemnify and hold the Lessor �arrffless from any negligent act or
negligent omission by the Lessee, except those arising, from the negligence, willful or wanton
actions of the Lessor. The Lessor shall give the' Lessee timely written notice of any claim
made or suit instituted against the Lessor which iri any way results in indemnification
hereunder, and the Lessee shall have the right to compromise the same, or participate in the
same to the extent of its own interest.
10. SPECIAL P V M
The Lessee hereby agrees that any bylaws, regulations, or other governing docurneints
of any corporation, trust, partnership, association or other entity which comprises the
organization of owners and occupants of the hangars on the leased property are subject to the
review and approval of the Lessor insofar as the same may relate to the use and occupancy of
the land leased to the Lessee hereunder, which review and review and approval will not be
unreasonably withheld.
The;_Lr6gseeF_-shgll:
C��
Pay the Base Rent, and other charges specified in the Agreement when the same are
due,. without notice. Cl�-O—M_ PjX--w-th--a"—Federa7l,--State,--and--MuniCip-a:l-,-,agenc-ies -_ -having
,jHrisdiP-t�Qn-:oKer,:tlte,-j-�eased-7P-reTn-ise$741-1 -ure
A -sec -the required--perm-its--and -licenses -from the,
4gj�nts--Qf-these-�entit-ies-when-necessary-i-n-order-for-the-T-en—an-t---
to.-carry-out -its -contemplated
and_intend&d:�u�d§e-s-.-a
Allow the Lessor and its agents access to the Leased Premises at all reasonable times for
general inspection for whatever purpose and to verify compliance with the provisions of the
Agreement.
Provide for the upkeep and maintenance of' the Leased Premises and the buildings
located thereon, as required by the Lessor.
Comply with all the covenants and agreements herein contained.
5
12. COVENA NT.,q nP TTJr7 1E �SQR
The Lessor shall:
Have the M.. right to.e.je for,
C. ase.- the. Leased: Premises
..... ... .. the term agreed
0 upon by thei
mmlsslm,and d6ta 6d"Motli A
Pl,,, greeme t
Allow Occupancy of the Leased Premises by tile Lessee without hindrance or obstacle
as long as the Lessee is in compliance with the terms of the Agreement.
Have the right to pass and re -pass on the Leased Premises as needed from time to
time, on foot or by motor vehicle.
13. SLCLNS
Lessee has the right to install, maintain, and replace signs on the Leased Premises
which advertise the location and services of the Leased Premises, subjectito the prior approval
of the Airport Commission as to size, number, 'materials, and design all in accordance with
applicable municipal, state, and federal rules'and regulations, which . approval shall not be
unreasonably withheld.
14.
In the event of the occurrence of any of the following events:
(1) An assignment by the Lessee for the benefit of creditors other than an encumbrance to
secur e a loan;
(2) A sale of the interest of Lessee in the Leased Premises under execution or other civil
litigation process;
(3) Failure to pay an installment of rent when due and such failure to pay continues for
fourteen (14) days after Lessee's receipt of written notice from the Lessor;
(4) Failure to perform or observe any requirements of the Agreement and any such failure
continues for thirty (30) days after Lessee's receipt of written notice from the Lessor
which specifies the nature and extent of the failure (breach);
In the event of any such occurrence as specified herein, the Agreement, at the option of
the Lessor, terminates, and the occurrence of such an event operates as a Notice to Quit, all
other such Notices to Quit are waived by the Lessee. The Lessor may then enter and take
possession of the Leased Premises and maintain actions for all remedies available and
permitted by the General Laws of the Commonwealth of Massachusetts.
15. ASSIGNMPNT A XTn OT M -LETTING
D 9
urin the term of the Agreement, the Lessee shall not assign the Agreement, nor shall
the Lessee sell, sublease, or assign its business, buildings, or other facilities, or any part
thereof,, of the Leased. P
remises, except� with the prior written, ppTqyal'of th L
e
essor.
Subject to such Prior, approval by the . Lesso . r, any assignment, sublease, or other
activity as described above, will bind the purchaser -or sublessee, who shall agree with the
Lessor to be bound by all the terms of the Agreement.
16. IERMLNATL
ON
Lessor may terminate the Agreement upon breach-, by the Lessee of any of the
provisions contained in the Agreement, provided that such 'breach continues without being
remedied by the * Lessee for a period of more than thirty (30) days after receipt of written
notice from Lessor with respect tosuch breach.
Lessee may terminate the Agreement upon breach of any material condition of the lease
by the Lessor which the Lessor has not commenced to cure for a period of more than sixty
(60) days after receipt of written notice from Lessee with respect to such breach.
Upon termination of the Agreement for any cause, the Lessee shall remove its buildings
from the Leased Premises and deliver up the Leased Premises to the Lessor in the approximate
original condition of the Leased Premises. If Lessee fails to comply with the Agreement to
remove its buildings and other structures from the Leased Premises, Lessor may give thirty
(30) days written notice, mailed or delivered to Lessee at its place of business, of Lessor's
intention to remove Lessor's buildings or other structures from the Leased Premises. Upon
the expiration of the thirty days, if Lessee has not removed the buildings or structures, Lessor
may remove them and cause them to be sold. The Lessor also reserves its complete legal
rights to any Appropriate action to enforce the terms and conditions of the Agreement.
Lessor's right to damages for, rent for the lease term shall continue should this lease be
terminated for cause.
17. ADMWIRTRATION REQUIRE
R MENTS
Nothing contained in the Agreement is to 'be construed to grant the Lessee any
exclusive right to the use of the Lawrence Municipal Airport or any of its facilities within the
meaning of Section 308 of the Federal Aviation Act of 1958, as amended, nor will anything
irm or corporation for operation as a fixed based operator at the Airport.
any other person, f e
contained herein be construed to prevent Lessor from entering into a similar Agreem nt with
The Agreement is subordinate to the provisions of any existing or future - agreeme nt
between the Lessor and the United States of America relative to the operation or maintenance
4.
of the Airport, the execution of which has been or may be required as a condition precedent to
the expenditure of federal or state funds for the past or future development of the Airport.
Ddring time of war or other national. emergency declared by the President of the United
States, Lessor shall. liave.tfi6jjg&
tol lease� th& landing-. area and,other.. facilities o :Ahe� Airport to
the nit&d. States f Am'
01 eripi of,ihiffi al, use 0 'the durafion'of such
or -nav r
4tional
emergency. The- terms of tfie-Agreernent insofar as they are inconsistent with the terms of
any such agreement entered into with the United State's of America, will be suspended during
the period of such national emergency.
Lessee shall have the option, at any time during such period of national em. . ergency, of
terminating the- Agreement by giving Lessor six months advance notice of intention to
terminate by certified mail. Lessee shall be relieved from all iabili under e Agreement
ination and paying all rents and
upon vacating the Leased Premises on the date of the term: ty th
monies due up to and including that date.
18. FED
S
I
Lessee agrees that in the exercise of rights and privileges granted; the Lessee shall:
a) Furnish and provide such services on a fair, equal, and nondiscr I iminatory basis to all
members.
The Lessee, for itself, its personal representatives, successors in interest, and assigns,
does agree, as a covenant running with the land, that: I
(1) No person, on the grounds of race, creed, color, national origin, sex, age, or
disability, can be excluded from membership or participation in, denied the benefits of, or
otherwise be discriminated in becoming a member of the Lessee's Flying Club or in the use
of the Lessee's facilities.
(2) In the construction of any improvements on, over, or under the Leased Premises and
the furnishing of services, no person, on the grounds of race, creed, color, national origin,
sex, age, or disability can be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination.
(3) The Lessee shall use the Leased Premises in compliance with all other requirements
imposed or pursuant to title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs
of the Department of Transportation -Effectuation of Title VI of the Civil Rights Acts of 1964,
and as said regulations may be amended.
In the event of any breach of the above defined nondiscrimination covenants, the
Lessor shall terminate the Agreement, and reenter and repossess the Leased Premises and
facilities constructed upon them, subject to the provisions of this Agreement.
0
19. ESE OF THE AIRPORT
The Lessee and its agents, who lawfully use the Airport in compliance with the
provisions of this Agreement and the Airport rules and regulations as amended from tirne to
time, are, ganted the use of the Airp., rt -
0 imcommon with others who are, duly �uthonized., The,
v e b ben or
-equipmqnt';,:,.���V, services whic a
�use.�cons'tifiit6s. all: f'a�c�ihiiiei* -:
ements and
erea er are provided at the Airport f�omtihie to time .
4 1
This use includes, but is not limited to, the landing areas and any extensions or
additions to the landing area; the roadways, aprons,' taxiways, floodlights, landing lights,
beacons, signals, radio aids, and all other 'conveniences for flying, landing, or departing,
subject to the regulations and control of the Lawrence Municipal Airport Commission.
20. !NQRESS AND EGRE
Lessee shall have the full right of ingress and egress to the Premises and the facilities
referred to in the Agreement. This right extends to all employees, passengers, customers,
guests, and invitees of the Lessee. I
21. ADaNCY
Lessee shall not act as agent, servant', or employee of the Lessor any time during the
term of the Agreement.
22. RIGHT TO IMPROVE, ALTER OR REPAIR
Lessor reserves the right to make improvements, alterations, renovations, changes, and
repairs to the Airport as the Lessor may deem as necessary. Lessee agrees to make no claim
against the Lessor for interference with the Lessee's leasehold interest or for the loss or
damage to its business during such improvements, alterations, renovations, changes, or
repairs.
The Lessor shall not be liable to the Lessee or its agents, representatives, or employees
for any injury to persons or damage to property resulting from the sinking or settling of the
Leased Premises or from any change in the physical conditions of the Leased Premises due to
the elements, erosion, or deterioration.
12. MAINTENANCE
The Lessee shall:
keep reasonably free from encumbrances all surfaced roadways, walks, taxiways,
loading, unloading, and parking areas which are part of or which service the leased
premises.
9
(ii) keep reasonably clear of dirt, snow, and ice, all such roadways, walks, and areas.
keep the Leased Premiscs reasonably clean and neat.
:24. .--��NQTI
Notwithstanding anything in this Agreement to the contrary, any notice, demand, offer,
or other written instrument (Notice) required or permitted to be given, made, or sent under
this Agreement must be in writing, signed by, the Party 'giving such Notice or its agent.
Notice must be sent, postage prepaid by Registered or Certified Mail, Return Receipt
Requested, addressed as follows:
Ea—Le
Asor.
Lawrence Municipal Airport Commission 492 Sutton Street
No. Andover, MA 0 1 845
ATTENTION. Commission Chairman
With LCDDy to.
City Attorney
Lawrence City Hall
200 Common Street
Lawrence, MA 0 1 840
ATTENTION I : Carol Hajjar McGravey, Esq.
For Lessee:
EAA
c/o Edwin A. Dokus, President
7 Fairmont street
Winchester, MA 01890
With as-Qp�to-*
The Corporation's Attorney, if address for same is provided to
Lessor by Lessee.
Any party may change its address set forth in this section by giving Notice to the other
party in accordance with the Agreement.
1�j
25. RECORDING OF THE AGREEMENT
A, memorandum of the. Agreement, in statutory form, maybe recorded by the Lessee or
te L s r_
So d" all h
an.,:. c arges; -Attri uted. to the% recordmg� are to be paid' by the: Party doing the:
recording*
b) Holdover: Should Lessee, or any of! its successors, hold over the Leased Premises,
unless otherwise agreed in writing, such holding constit ates a tenancy at will from month to
month only, and all existing terms of the Agreement remain in effect.
C) Agreerne . The Agreement contains all the terins and conditions made between the
parties and is the entire embodiment of the understanding between the parties. The Agreement
must not be altered or modified except by concurrence of the"parties in writing signed by the
parties or their respective successors in interest.
d) -, Binding, Effect., All of the covenants, co�ditions and obligations herein contained shall
be binding upon and inure to the benefit of the respective successors and assigns of the parties.
26. MISCELANEOUS
a) Severability:. Every term contained in the Agreement is construed to be a separate and
independent terin. Except as otherwise -agreed in writing, the breach of any term contained in
the Agreement by either party does not discharge or, relieve the other party from its obligation
to perform any other term of the Agreement. I
SIGNED:
LA)
I!M
6WA
GREATER BOSTON CHAPTER 106, EXPERIMENTAL
AIRCRAFT ASSOCIATION, Lessee . Approved as to Form
By:
Ci Att6mey
ty
tv,
pa
0 Ja
Ila 00
q 1 /05 -,- T � I
CERTIFICATE OF USE & OCCUPANCY
Town of North Andover
Building Permit Number 0 9-y Date
THIS CERTIFIES THAT
THE BUILDING LOCATED ON c��?,80 1�0124- JQ
MAY BE OCCUPIED AS C- r,4 �7L 1&4,21? S�Of-'-4��e IN ACCORDANCE
WITH THE PROVISIONS OF THE MASSACHUSET7FS STATE BUILDING CODE AND
SUCH OTHER REGULATIONS AS MAY APPLY. 6pec)4,ele ('hqp4e1Z-
,�k / v (, cc < per, in , ry i,) / Alre— rA
�, CERTIFICATE ISSUED TO Assoc-
+
0 0
ADDRESS
34 us
Buildin'g'Inspector
Town of North Andover
0MCE OF
COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Street
North Andover, Massachusetts 0 1845
WILLIAM J. SCOTr
Director
(978) 688-9531
October 22, 1998
Mr. Edwin A. Dolcus, President
Greater Boston Chapter 106 .
Experimental Aircraft Association
7 Fairmont Street
Winchester, MA 0 1890
RE: Aircraft Hanger — Lawrence Municipal Airport
Dear Mr. Dokus,
1�00
Fax (978) 688-9542
I am writing in response to your letter and note regarding the need for sprinkler systems in the
aircraft hanger. I have enclosed a copy of a letter I received from Chief Dolan stating that it is
the building commissioner's responsibility to determine the use group for the building. The Fire
Department will then apply the appropriate -level of fire protection for that use group. In addition
the fire chief has the authority to insure proper fire protection.
If you have any fin-ther questions I would direct you to Mi. Nicetta in the Building Department
or Chief Dolan in the Fire Department. .1
Very truly yours,
Kathleen Bradley Colwell
Town Planner
cc. \/R. Nicetta, Building Inspector
Chief Dolan, Fire Department
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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WILLIAM V. DOLAN
Chief of Department
NORTH ANDOVER FIRE DEPARTMENT
CENTRAL FIRE HEADQUARTERS
124 Main Street
North Andover, Mass. 01845
C
O/Tc. � y Act +0
To: Kathleen Braj
From: Fire Chief *
RE: Lawrence Airport Hangei b -
Date: 12/11/97
ucu 1997
— ---------
-ANNING,
Dokus
j�'L
Tel. (508) 688-9593
Fax (508) 688-9594
I appreciate the Planning Boards request for a recommendation relative to Mr. Dokus'
proposal for hangers at the Lawrence Municipal Airport.
Our recommendation is that the buildings comply with the use classification as
determined by the building commissioner and conform with other hangers built on airport
property which underwent review process by the Planning Board.
It is the building commissioners responsibility to classify the building as to use group and
in this case that classification has been determined to be Use group H. Once that
0
determination has been made the fire department applies the appropriate level of required
fire protection. If Mr. Dokus disagrees he has a right of appeal to the State Building
Board of Regulations and Standards.
. In addition, the fire chief, by law has the right to insure proper fire protection and I refer
to the attached copy of M.G.L. Chapter 148 Section 28. If Mr. Dokus does not agree
with the fire chief s detern-fination he may appeal to the Office of Fire Services and the
State Fire Marshal. Mr. Dokus is aware of this because he has spoken to the compliance
officer, Mr. William Middlerniss, in the State Fire Marshals office regarding this matter.
In short the determination of how to enforce the Building Code rests with the Building
Commissioner, Mr. Robert Nicetta and the determination relative to the enforcement of
the Fire Code is delegated by the State Fire Marshal to the head of the local fire
department.
1921 - 75 YEARS. OF SERVICE - 1996
GREATER BOSTON CHAPMR 106
EXPERMENTAL AIRCRAFT ASSOCIATION
C/o
EDWIN A. DOKUS
7 FAIRMOUNT ST.
WINCBESTER, MA.
01890
(781)-729-5393
October 15,1998
Robert Nicetta, Bldg. Inspector
Town of No. Andover
120 Main St.
No. Andover, Ma.
01845
Dear Mr Nicetta,
Enclosed is the application for Certificate of Occupancy/ Inspection, and a copy of the letter certifying
completion of the structure by Collopy Engineering Consultants. We have an issue regarding the
requirement for a fire alarm system that we have not been able to resolve with the fire chief By virtue of
my recent letter to him, (copy enclosed), I hope to get a favorable response in light of the state fire,
regulations contained therein. Fading that, we will proceed with an appeal to the State Board of Building
Regulations and Standards.
The building is locked to prevent vandalism but I can be available for an inspection visit with a day's
notice. Thank you.
Edwin A. Dokus
Pres., EAA106
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OCT 1 9 1909
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APPLICATION FOR CERTIFICATE OF OCCUPANCY/INSPECTION
ADDRESS/LOCATION OF PROPERTY: OFF- Ci�4,ek snr-
Z-1fW961"el—� A40 '7
11
DATE REQUESTED'FILED/READY FOR INSPECTION
CLOSING DATE ON PROPERTY:
FIVE (5) DAYS NOTICE PRIOR TO closing DATE IS REQUIRED
ALL WORK AND SIGN -OFFS MUST BE COMPLETED WITHIN THIS TIME
FRAME. A RE -INSPECTION FEE OF TWENTY DOLLARD $20.00) WILL BE
CHARGED IF THE STRUCTURE DOES NOT MEET ALL APPLICABLE CODES.
SIGNED - le'e-
jc
COLLOPY
65 AYER STREET
FRANCIS H. COLLOPY
REG. PROFFESIONAL ENGINEEER
ENGINEERING CONSULTANTS
f all
lot,
CIVIL
STRUCTURAL
DYNAMICS
Mr Robert Nicetta
Building' Inspector
Town of North Andover
North Andover Municipal Building
North Andover, MA 01845 1
Dear Mr Nicetta,
METHUEN, MA 01844
RESIDENCE. (978) 685-7969
OFIFICE I FAX- (978) 685-80 69
August 28, 1998
I am writing in regards to the airc raft hangar project by the
Greater Boston.Chapter 106 Experimental Aircraft Association at
the Lawrence Municipal Airport in North Andover. The purpose of
the letter is to bring you up to date on the progress at this
location. I visited the site on Tuesday, August 25 with Mr. Ed
Dokus of the Gr. Bos EAA to inspect the final installation of the
interior metal stud wall which separates the aircraft hanger
portion from the workshop area. This wall is in place, and all
doors are installed.
At this point in time, the building is completed as regards the
foundation, framing, floor slab, and the interior partition wall.
This letter is to indicate that the construction of the actual
building is completed to my satisfaction, and is in usable
condition.
If you'have any questions concerning this matter, please do not
hesitate to call this office.
CC: Ed Dokus
Sincerely,
COLLOPY ENGINEERING CONSULTANTS
Francis H. Collopy, P.E...
Structural Engineer
Of 00.th 4
OFFICE OF BUILDING INSPECTOR
TOWN OF NORTH ANDOVER
CONSTRUCTION CONTROL
PROJECT NUMBER:
PROJECT TITLE: Ci4519)"54 le6 ss�fv
.7 _
PROJECT LOCATION: A4 V
NAME OF BUILDING:
NATURE OF PROJECT: -
IN ACCORDANCE WITH ARTICLE 116 OF THE MASSACHUSETTS STATE BUILDING CODE,
1, —"P— /4 /0 C_ 15 //' z�e� I- Z_ e, 11 �( REGISTRATION NO. / 7Z Piq
BEING A REGISTERED PROFESSIONAL ENGINEER/ARCHITECH HEREBY CERTIFY THAT I
HAVE PREPARED OR DIRECTLY SUPERVISED THE PREPARATION OF ALL DESIGN PLANS,
COMPUTATIONS AND SPECIFICATIONS CONCERNING:
- ENTIRE PROJECT = ARCHITECTURAL = STRUCTURAL fjfj MECHANICAL[=]
FIRE PROTECTION[—] ELECTRICAL= OTHER (specify)
FOR THE ABOVE NAMED PROJECT AND THAT, TO THE BEST OF MY KNOWLEGE, SUCH PLANS,
COMPUTATIONS AND SPECIFICATIONS MEET THE APPLICABLE PROVISION OF THE MASSACHUSETTS
STATE BUILDING CODE, ALL ACCEPTABLE ENGINEERING PRATICES.
AND APPLICABLE LAWS AND ORDINANCES FOR THE PROPOSED USE AND OCCUPANCY.
I FURTHER CERTIFY THAT I SHALL PERFORM THE NECESSARY PROFESSIONAL SERVICES AND B G.
$PRESENT ON THE CONSTRUCTION SITE ON A REGULAR AND PERIODIC BASIS TO DETERMINE THAT
THE WORK IS PROCEEEDING IN ACCORDANCE WITH THE DOCUMENTS APPROVED FOR THE BUILDING
PERMIT AND SHALL BE RESPONSIBLE FOR THE FOLLOWING AS SPECIFIED IN SECTION 116.2
1. Review, for conformance to the design concept, shop drawings, samples and other submittals
which are submitted by the contractor in accordance with the requirements of the construction
documents.
2. Review and approval of the quality control procedures for all code -required controlled materials.
3. Be present at intervals appropriate to the stage of construction to become, generally familiar
with8the progress and quality of the work and to determine, in general, if the work is being
performed in a manner consistent with the construction documents.
PURSUANT TO SECTION 116.2.2 1 SHALL SUBMIT WEEKLY, A PROGRESS REPORT
TOGETHER WITH PERTINENT COMMENTS TO THE NORTH ANDOVER BUILDING INSPECTOR.
UPON COMPLETION OF THE WORK, I SHALL SUBMIT A FINAL REPORT AS TO THE
SATISFACTORY COMPLETION AND READINESS OF THE PROJECT FOR OCCUPANCY.
AJ c_
SIGNATURE
SUBSCRIBED AND SWOR�f TO BEFORE ME THIS DAY OF.,���� 19
Y PU MY COMMISSION EXPIRES
October 15". 1998
William Dolan, Fire Chief
124 Main St.
No. Andover, Ma.
01845
Dear Mr. Dolan,
I am writing to inquire about your response to the Dec. 9, 1997 memorandum from Kathleen Colwell,
Town planner, regarding the requirement for a fire alarm system at our then proposed hangar at Lawrence
Municipal AirporL in it she asked that you respond to the issue raised, regarding the regulations
requiring a firc alarm, and m*e a recommendation. To date I have not received any communication
regarding Ms. Colwell's requd5t- Construction is now complete and we are preparing to submit for a
certificate of occupancy,
To reiterate, the following jvf�rcnccs to '180 CMR arc presented.
780 CMR 407.0 PRIVATE GARAGES
780 CMR 407.2 DEFINITIONS
A garage of four or less pagenger motor vehicles, four or less single motor airplanes, or one
commercial vehicle, without provision for repairing or semcmg such vehicles for profit_
780. CMR 312 UTILITY AND MISCELLANEOUS USE GROUP
...... Use Group U shall include buildings such as private gu2^ carports, sheds, and agricultural
buildings.
7SO CMR 917.0 FIRE pRoTgCTIVE SIGNALLING SYSTEMS (FM ALARM SYSTEM)
780CMR917.4 WHERE REQUIRED
780 CMR 917.4.1,,917.4.2,917.4.3, 917.4.4, 917.4.5, 917.4.6; USE GROUPS A, B, E, K 1, R-1,
and R-2.
USE GROUP u is not included in the list nor are USE GROUPS F, M. R-3. R4. R-3, S-1 or S-2.
In view of the above, and considering that the size of the hangar could not accommodate an excess of four
ajrcraf� the building is in compliance with the state fire code as required by the site plan review that was
a pp. , on Dec. Ig, 1997, without the installation of a fire alarm system. I am requesting that you
ppro
attend to this matter in a timely fallion so that Mr NIMM 1118Y Proceed with Pwwwing the occupancy
certificate. I have enclosed a self addressed, stamped envelope fbr your reply.
Edwin A. Dokus, President
cc: Planning Board, Kathleen Colwell
Budding Department, Robert Nicetta
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NORTH ANDOVER FIRE DEPARTMENT
CENTRAL FIRE HEADQUARTERS
124 Main Street
North Andover, Mass. 018,15
WILLIAM V. DOLAN
Chief of Department Tel. (508) 688-9593
Fax (508) 688-9594
To: KatWeen Bradley Colwell, Town Planner
From: Fire Chief Dolan
RE: Lawrence Airport Hangers - Mr. Edwin A. Dokus
Date: 12/11/97
I appreciate the Planning Boards request for a recommendation relative to Mr. Dokus'
proposal for hangers at the Lawrence Municipal Airport.
Our recommendation is that the buildings comply with the use classification as
determined by the building commissioner and conform with other hangers built on airport
property which underwent review process by the Planning Board.
It is the building commissioners responsibility to classify the building as to use group and
in this case that classification has been determined to be Use group H. Once that
determination has been made the fire department applies the appropriate level of required
fire protection. If Mr. Dokus disagrees he has a right of appeal to the State Building
Board of Regulations and Standards.
In addition, the fire chief, by law has the right to insure proper fire protection and I refer
to the attached copy of M.G.L. Chapter 148 Section 28. If Mr. Dokus does not agree
with the fire chief s determination he may appeal to the Office of Fire Services and the
State Fire Marshal. Mr. Dokus is aware of this because he has spoken to the compliance
officer, Mr. William Middlemiss, in the State Fire Marshals office regarding this matter.
In short the determination of how to enforce the Building Code rests with tile Building
Commissioner, Mr. Robert Nicetta and the determination relative to the enforcement of
the Fire Code is delegated by the State Fire Marshal to the head of the local fire
department.
1921 - 75 YEARS OF SERVICE - 1996
I hope this information assists the board. If it would more beneficial to the board either
I or Lt. Melnikas would be available to attend a meeting of board to discuss the matter.
William V. Dolan
Fire Chief
cc: R. Nicetta
TOO'd 68SZ-ON XH/XI WST 86/9T/TT
Tov.,n ofNoj1Ui luidovcr
Naming Depirtinent
27 Charles Street
North Andover, NIA () L 845
To: Fax:
From: Datei C)oo i (c, I 9ci
Re: Pages:
CC:
0 Urgent 11 For Review 12 Please Comment 0 Please Reply 0 Please Recycic
I
...........
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ZOO -d 689VON XH/X1 RV:ST 86/9T/TT
Town of North Andover
Rf
OMCE OF JOYCE CR,0311-V
COMMUNITY DEVELOPMENT AND SERVk-w*" G L E
W
30 School Street
North Andover, Massachusetts 0 184 5
UJ-2AM: SCOT7
Director NOTICE OF DECISION
Any appeal shall be filled
within (20) days after the
date of filling this Notice
in the Office of the Town
Clerk.
DateDecemberl%.1997
Date of Hearing NOvt'-m er 18, DeCemberi 2,..1997
iDecember 16, 1997
Petition tal Aircraft Association
Premises affected ff r]ark Street
Referring to the above petition for a special permitfrom the
requirements of th e North Andover Zoning Bylaw aec-tlon 8- qLan Rg-vi p_w
so as t4o at I ow to construct a 2,736 SP one floor, steel aircraft hanger
After a public hearing given on the above date, the Planning Board
voted to---±E-Pr0v'9the Special Permit - site plan review
based upon the following conditions:
Signed
CC: Director of Public Works
Building Inspector
Natural Resource/Land Use Planner
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
Fife
Interested Parties
20' a
Richard S.Rowen, Chairman
Alison Lescarbeau, V. Chairm
John Simons, Clerk
Richard Nardella
Joseph V. Mahoney
Planning Board
CONSERVA70N 6894$30 HEALTH 688-9540 ?LkNNING 688-9535
Z1796 e29 209 'AaO 'LU03 AiaAOPUV L4-1--AON dZE:.ZO S6-9t,-AO'N
C00*d 699Z*ON XH/X1 RV:ST 86/9T/TT
Town of North Andover
OMCE OF
COMMUNITY DEVELOPMENT AND SERVICES
L4M J, SCOT7
Director
December 18, 1997
30 School Street
North Andover, Massachusetts 0 1;845
—Ms. Joyce Bradshaw
Town Clerk
1210 Main Street
No. Andover, MA 01845—
Re: Site Plan RevieviTeeater Boston Chapter 106 Experimental Aircraft Association
Dear Ms. Bradshaw,
The North Andover Planning Board held a.public hearing on Tuesday evening, November 18,
1997 at 7:30 p.m. in the Department of Public Works Conference Room, upon the application of'
Boston Chapter 106 Experimental Aircraft Association, 7 Fairmont Street , Winchester,
M 01890 requesting a'special permit under Section 8.3 Site Plan Review of the North Andover
A
Zoning Bylaw, The legal notice was properly advertised in the North Andover Citizen on
October 29 & Nlovember 5, 1997 and all parties of interest were duly notified. The following
members were present: Richard S, Rowen, ChairTnan, Alison Lescarbeau, Vice Chairman,
Alberto Angles, Associate Member, Joseph V. Mahoney and B-ichard Nardella. Kathleen Bradley
Colwell, Town Planner was also present.
The petitioner was requesting a special permit to allow for the construction of a one floor steel
aircraft hanger. The location of the project is off Clark Street and is in the Industrial -2 �1-2)
Zoning District-
'Steve�Stapinsid�waiR-p,resent-t-o-.represen-t--tltelrawrerice rt. The applicant is proposing a
.c
2,700 SF hangerf��r_rfteffib—cm-6
.(inspectors - come- and-lrispect'the'pUhes, Mr. Stapinski stated that they do not have town water or
town sewer. Mr. Angies stated that he thought that they weren't allowed to put together planes
.ar ea I a -
inthehangers, q�67 S -tap- inski Stated, that tfi_e�_ eall-r d�-assemblid hey 'rily-have-tc-add-th—e-,
(w1n2s"in the hang
gers. Mr. Stapinski stated that there,,�Vill only be one plane at a time in the
hanger. Ms, Colwell stated that at TRC the Fire Department asked them to install fire alarms in
the hanger. Ms. Colweil stated that if any more applications for hangers come before the Board
she thinks they should have to put in utilities. Mr. Rowen suggested that Ms. Colwell review the
last decision for the installation of hangers.
On a motion by Ms. Lescarbeau, seconded by.'vtr. Nardeila, the Board voted unardmously to
close the Public Hearing and direct staffto draft a decision.
CONSERVATION - (978) 688 9530 - HEALTH - (978) 688-9Z40 - PLANNING - (9178) 683-9535
`91JILDING OFFICE - (917S) 688-9545 * *ZONING BOARD OF A11PEALS - (978) 6W954I - *146.',IIAIN STREET
E:0 , CA OV96 929 809 -AeO -LU03 AaAOPUV q -4._40N dZE:Zo S6-91-AON
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Attached are the conditions.
Sincerely,
Richaxd S. Rowen, Chairman
North Andover Planning Board
t7o'd EV96 2S9 209 -Aaa -WOO �AaAOPUV 4-4..AaN dFE:Z0 86-6i-^Of'j
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11:48 AM 12/16/97
492 Sutton Street (Lawrence Municipal Airport)
Site Plan Review - Special Permit
The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a
2,736 S.F. steel hanger located in the Industrial -2 Zoning District. This Special Permit was requested
by Greater Boston Chapter 106 Experimental Aircraft Association, 7 Fairmont Street, Winchester, N[A
0 1890 on behalf of the Lawrence Municipal Airport Commission, 492 Sutton Street, North Andover,
NLA 01845. This application was filed with the Plarming Office on October 16, 1997.
The Plaming Board makes the following findings as reqdEe—d by the Zoning Bylaw Section 8.3 and
10-3:
FINDV�GS OF FACT:
The specific site is an appropriate location'for the pro*t as it is located on Land developed as
an auwrt.
The use, as developed, win not advemely affect the neighborhood as the as sufficient buffer
zones have been =ated to shield the use from a4jacentresidential properties.
2�. There will be no nuisance or serious hazard to vehicles or pedestrians
4- Tle landscaping plan approved as apart of this pfm meets the requirements of Section 8.4 of
the Zoning Bylaw with review by the Planning Board; -
5. The site drainage system is designed in accordance with the Town Bylaw requirements subject
to the conditions of this decision;
6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section
8.3 of the Zoning Bylaw,
7. Adequate and appropriate facilities will be provided for the proper oper-ation of the proposed
Use.
Finally, the PL-aining Board finds that this project generally complies with the To-�Am of North Andover
Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be ftWy in
compliance. The Planning Beard hereby grants an approval to the applicant pro-,ided the following
conditions are met:
SPECIAL CONDITIONS:
I . Prior to any work on site, the applicant shall adhere to the following:
a) The applicant must submit the mylar to the Pkmning Board for endorsement.
90-d ZV96 se9 209 -AeO -WOO AaAC)-PUV W-1-AON dEE:00 R6-§t-AbN
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.11:48 AM 12/18/97
required by the Planning Staff shall be made at the owner's expense.
c) The hangers must comply mrith all applicable state fire and building codes.
4. Prior to the final release of security:
a) The site shall be reviewed by the Planning Staff Any screening as may be reasonably
required by the Planning Staff and/or Tree Warden will, be added at the applicant's
expejj*e�_.
b) A ffiO-as�-built plan showing the Iccation of all on- site utilities, structures, curb cuts,
parkiiii-spaces and drainage facilities must be submitted to and reviewed by the
Division ofPubUc Works.
d4ldiies only -7 The
site shall not be used- for the storage -offuels or other flarna-able materiaL
6. The corttr=or - sbaffcontact Dig Safe at kast 72 hours prior to comniencing any excavatiorL
7. No opeq_�urnmg shaH be done except as is pernlitted during burning season under the Fire
Departrnel�regulation&
8. No underimund fuel storage sha be mstalled except as may be allowed by Tov,,n
Regulafious.-
9. All signs must be consistent with the signage currently on site and comply with the sign bylaw.
dixi 15ME -its
TljE-provisions-of this -couldi�i,'Oiiara-p--provakshAU-I'PP A bi applicant,
<er . nployees-,�d��.succe�ssors and_�igns-in' interest or control.
�-n-� action -by,,a"Tbwia'Bo—a—rd;-Con—mwca—on, "®r. De'P&�Meni_wbkli_fe��es- cfil-inies -in the plan
<-,ordesign of the-buWingas'presentedAo the -Planning Board, nlay be subject to modification by
12. A -ay revision*s shall be submitted to the Town Planner for review. If these revisions are deemed
substantial, the applicant must subrnit revised plans to the Phmning Board for approval.
13. This Special Permit approval shall be deemed to have lapsed after���'_J 3_�WL
(two years ftm the date permit granted)' unle�s suEsiantial use or construction has
cormnenced- Substantial use or construction will be determined by a majority vote of the
Planning Board.
14. . The following inf6rmation shaH be deemed part of the decision:
N
ZO' d EV96 Beg BOG -AeO -LUaD �AaAOPUV 4-1-AON dVE:ZO B�(4-9j-AON
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11-48 AM 12/18/97
b) A final set of site plans must be submitted to the Town Planner for review within
ninety days of Ung the decision with the Town Clerk..
c) A bond in the amount of one thousand ($1,000) dollars shall be posted for the
purpose of insuring that a final as -built plan showing the location of all on-site utilities,
structures, curb cuts, parking spaces and drainage facilities is submitted. The bond is
also in place to insure that the site is constructed in accordance with the approved pLam
This bond shall be in the forrn of a check made out to the Town of North Andover.
This check will then be deposited into an interest bearing escrow account.
d) A construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
2. Prior to FORM U verification (Building Permit Issuance):
a) The firial site plan mylars must be endorsed and three (3) copies of the signed plarzs
must be delivered to the Plmu�ng'Department-
b) This- decision shall -be- recorded afthe E§§o_x' North Registry of Deeds and a certified
copy delivered to -the Planning.Staff. -
ient-15R;We--e
-,-c)=7:::::Tl�-applic-ant-s�-proY�de-a-copy--of the'lease�ag—ee_n_ E -the ater-B67sfon��
--th lZutlic al Airp-6rt
f66- i-rihEn-W. Aif c- �dciatian-_arid' e"LawrenCe- IP
-f -P 0�r fiie�
-Cz';��Sion OF-tho oar
Prior to verification of the Certificate of Occupancy:
a) The applicant must a submit a letter from'the architect or engineer of the project stating
that the building has been constructed in conformance with the following plans, as
submitted to the PLuaiing Board for review:
Plan titled: Greater Boston Chapter 106 Experimental. Aircraft Association
Prepared by: Erect -A-Tube Inc., PO Box 100; Harvard, M, 60033
Prepared for: Greater Boston Chapter 106 E)cperirnental Aircraft Association
Lawrence Airport, N. Andover, MA
Scale: as noted
b) All artificial lighting used to illuminate the site shall b6 approved by the PL-uming Staff
All lighting shall have underground wiring and shall be so arranged that all direct rays
from such lighting falls entirely within the site and shall be shielded or recessed so as
not to shine upon abutting properties or streets. The site shall be reviewed by the
Planning Staff. Any changes to the approved lighting plan as may be reasonably
90' d ZV96 229 209 -AOO -WOO �AaAOPUV 4-1-.AON dEE:ZO B6-91-AO%3
I
800*d
11: 48 AM
a)
689VON XH/X1 WST 86/9T/TT
cc-, Director of Public Works
ButTding Inspector
Health Adinihistrator
Assessors - -
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
Lawrence airport - Sitc Plan Rcview
20' a EV96 seg 209 -AaG -LUQ3 �AaAOPUV 4q�AON dVE:ZO R6-9T-AON
Plan titled:
Hanger Facility For Greater Boston 106 Experknental Aircraft Assoc.
Prepared by:
ErecT-a-Tube, Inc,
P.O. Box 100
Harvard, IIL 60033
Prepared for:
Greater Boston Chapter 106 Experhmntal Aircraft Association
Scale:
Plan titled:
Site Development Permit Plan of Land in North Andover, MA
Proposed Aircraft Hangers
Prepared for:
Greater Boston Chapter 106 Experimental Aircraft Association
7 Fairmont Street
Winchetser, Massachusetts 0 1890
Date:
September 9, 1997
Scale:
1 �9 = 40'
Prepared by:
Mer�imack Engineering Semces
66 Park Street
Andover, Massachusetts 0 1845
cc-, Director of Public Works
ButTding Inspector
Health Adinihistrator
Assessors - -
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
Lawrence airport - Sitc Plan Rcview
20' a EV96 seg 209 -AaG -LUQ3 �AaAOPUV 4q�AON dVE:ZO R6-9T-AON