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HomeMy WebLinkAboutMiscellaneous - 764 Turnpike StreetIn rt n (D (D rt X. h 4- N Town of North Andover . OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES KENNETH R. MAHONY Director August 21, 1995 Jillian Kindlund Aylward C/O Craig and MaCauley Professional Corporation 600 Atlantic Avenue Boston, MA 02210 146 Main Street North Andover, Massachusetts 01845 (508) 688-9533 to L4, VIA Fax and Certified Mail P406-914-746 Fax: 617-742-1788 RE: Rt. 114 -Adjacent to Jefferson Office Park - VIOLATIONS of the Massachusetts . Wetlands Protection Act (M.G.L. Ch. 131, Sec. 40) and the Town of North Andover Wetland ByLaw (Ch. 178 of the Code of North Andover). Dear Ms. Aylward: While it is the advice of legal counsel that the North Andover Conservation Commission (NACC) may in fact pursue enforcement action against parties in bankruptcy when the status of public health is in question, the Town of North Andover, by and through the North Andover Conservation Department, hereby revokes and rescinds the Violation Notice dated July 21, 1995 and the Enforcement Order dated July 21, 1995 issued to you with respect to the above referenced property ("Property"). Sincerely, Michael D. Howard Natural Resource/Land Use Planner encl. CC: DEP - NERO NACC Mr. Ken Mahoney, Town Manager Sandra Stan, BOH Agent r/ BOARD OF APPEALS 688-9541 BUILDING 688-9545 Julie Pacrino D. Robert Nicetta CONSERVATION 688-9530 HEALTH 688-9540 Michael Howard Sandra Starr I PLANNING 688-9535 Kathleen Bradley Colwell Ij 1 h 19 9 11 0 ?uI 1,, F:.". I G i'+Ir.",�.� i L"T CRAIG AND MACAU LEY PROFESSIONAL CORPORAT16N COUNSEi,LORS AT LAW VIA TELECOPIER AND MAIL Michael D. Howard Natural Resource/Land Use Planner Town of North Andover Office of Community Development & Services 146 Main Street North Andover, MA 01845 FEDIERAL RESERVE PLAZA 600 ATLANTIC AVENUE BOSTON, MASSACHUSETTS 02210 TELEPHONE (617) 367-9500 TELECOPIER (617) 742-17 5 8 August 16, 1995 Re: Site located on Route 114 adjacent to Jefferson Office Park. North Andover, MA ("Property") Dear Mr. Howard: I have not received any response from you or your counsel with respect to my letter to you dated August 2, 1995. On August 15, 1995, the,United States Bankruptcy Court authorized Jillian Kindlund Aylward, Chapter 7 trustee ("Trustee") of Benjamin C. Osgood, to abandon any interest the bankruptcy estate may have in the above -referenced property ("Property"). Accordingly, it is now beyond question that the Trustee has absolutely no responsibility with respect to the Property. In fact, the Court specifically stated that it would be grossly inequitible for the Trustee and the bankruptcy estate to be burdened with any such responsibility. It is further beyond question that, pursuant to the Bankruptcy Code, Benjamin C. Osgood has become vested with all rights and responsibilities related to the Property, either as trustee of the trust that owns the Property or as beneficiary of such trust. In light of the Bankruptcy Court's ruling, I must now request that the Town of North Andover immediately revoke the violation Notice and Enforcement Order that were issued to the Trustee. The Town is free to pursue its remedies against Mr. Osgood or other responsible parties, but has no rights to pursue the Trustee. In fact, any actions that may be taken by the Town against the Trustee would violate the automatic stay provisions of 11 U.S.C. §362, would be void and would subject the Town to damage claims. Y Ari 1 r. 19 11 it I .' M ��,r,f. I G 6 14' C.x.U- E CRAIG AND MACAULEY PROr6SSIONAL C0RP0MAYIdN —2— Please confirm to me in writing on or before August 21, 1995 that the Town has revoked the violation Notice and Enforcement Order issued to the Trustee. Otherwise, the Trustee will have no choice but to file a lawsuit against the Town seeking damages and attorneys' fees for violations of the automatic stay. Enclosed for your convenience is a form of letter that would be acceptable to the Trustee. Sincerely, �J William R. Moorman, Jr. WRM/pc9713U enclosure cc: Jillian K. Aylward, Trustee Peter J. Roberts, Esq. A UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS In re: ) BENJAMIN C. OSGOOD, ) Case No. 93-18838-JNF Chapter 7 Debtor. ) TRUSTEE'S NOTICE OF INTENDED ABANDONMENT OF PROPERTY NOTICE IS HEREBY GIVEN, pursuant to 11 U.S.C. § 554, that Jillian Kindlund Aylward, the Chapter 7 Trustee in the above - captioned proceeding (the "Trustee"), intends to abandon such interest as the estate may have (if any) in the properties and entities listed in the attached Schedule A ("Interests"). 1. A review of the Debtor's Schedules indicates that no equity exists in the Interests. The Interests produce no income for the estate. 2. Consequently, the Trustee believes that the Interests are burdensome to the estate and are of inconsequential value to the estate. Therefore, the Trustee intends to abandon the Interests. 3. Any objection to the abandonment must be filed in writing with the Court within 15 days of the mailing of this notice. See Fed. R. Bankr. P. 6007. JILLIAN KINDLUND AYLWARD, CHAPTER 7 TRUSTEE By her attorneys, CRAIG AND MACAULEY OFESSIONA,L CORPORATION Dated: August 23, 1995 L �' William Moorman, Jr. (bma02786) Peter J. Roberts (bma04511) Craig and Macauley Professional Corporation 600 Atlantic Avenue Boston, Massachusetts 02210 3464Z (617) 367-9500 I 16 � c'R E A garage on approximately and barn with attached h Road, Morristown, 117 acres 1. House located on Stag Vermont; of approximately Lot on StagecoachwnoaVermontsting sl 2• Morristown, 2 acres, Of about 4 acres, 3. Lot on Stag ecoach Road, consisting Morristown, Vermont; 6 acres, a ecoach Road, Vermont; consisting of about q. Lot off stag Morristown, ision in North is in the Apple Hill subdivMeadowview Road; 5• 3_4 to located on Morningside, Andover, 6. Charles Property Trust; 7. Dale Street Trust; S. Island Piece Realty Trust; 9, Chestnut Street Realty Trust; 10, General Store Trust; 11. Luce Hill Realty Trust 12. Old Stone Mill Realty Trust Osgood Mill Associates Realty Trust; 13. g Osgood Richards Limited; 14. 15. Parsonage Hill Trust; 16. Able Realty Trust; 18 C ( 17. Trust; Baker Realty - C Trust; (_ Charlie Realty I- C C , 19, Sandra Lane Trust; K --Road Realty Trust; 20. Waverly 21. 114 Associates Realty Trust; 22. Barker Street Realty Trust; f -2- 23. Weeks Hill Realty Trust; 24. Haul Road Realty Trust; 25. Haul Road Development Associates; 26. Forest Land Realty Trust; 27. W.O.R. Limited Partnership. 35682 UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS In re: ) BENJAMIN C. OSGOOD, ) Case No. 93-18838-JNF Chapter 7 Debtor. ) TRUSTEE'S NOTICE OF INTENDED ABANDONMENT OF PROPERTY NOTICE IS HEREBY GIVEN, pursuant to 11 U.S.C. § 554, that Jillian Kindlund Aylward, the Chapter 7 Trustee in the above - captioned proceeding (the "Trustee"), intends to abandon such interest as the estate may have (if any) in the claims ("Claims") asserted by Benjamin Osgood ("Debtor") in the action ("Action") commenced in Essex Superior Court ("Court") and entitled Anderson et al v Lawrence Savings Bank et al (C.A. No. 88-2396). 1. On June 27, 1991, the Court entered summary judgment against the Debtor in connection with the Claims. The judgment is currently on appeal. After consultation with trial counsel, the Trustee has determined that the likelihood of success on appeal is small and does not justify the expense associated with an appeal. 2. Consequently, the Trustee believes that the Claims are burdensome to the estate and are of inconsequential value to the estate. Therefore, the Trustee intends to abandon the Claims. r -2- 3. Any objection to the abandonment must be filed in writing with the Court within 15 days of the mailing of this notice. See Fed. R. Bankr. P. 6007. JILLIAN KINDLUND AYLWARD, CHAPTER 7 TRUSTEE By her attorneys, CRA AND MACAULEY ,OFESSION'L CORPORATION fir Dated: August 23, 1995 1 V I J" William R. Moorman, Jr. (bma02786) Peter J.VRoberts (bma04511) Craig and Macauley Professional Corporation Federal Reserve Plaza 600 Atlantic Avenue Boston, Massachusetts 02210 3485Z (617) 367-9500 UNITED STATES BANKRUPTCY DISTRICT OF MASSACHUSE1 In re: ) BENJAMIN C. OSGOOD, ) ) Debtor. ) Case No. 93-18838-JNF Chapter 7 NOTICE OF BAR DATE FOR FILING PROOFS OF CLAIM TO THE CREDITORS AND OTHER INTERESTED PARTIES IN THE ABOVE CAPTIONED PROCEEDINGS: Please take notice that in the pending Chapter 7 proceedings of Benjamin C. Osgood ("Debtor"), the`United States Bankruptcy Court has established August 31, 1995 at 4:00 p.m. (the "Bar Date") as the bar date for creditors and other interested parties to file proofs of claim against the Debtor's estate. A completed proof of claim must be received by the Clerk, United States Bankruptcy Court, 1101 Federal Office Building, 10 Causeway Street, Boston, Massachusetts 02222-1074 on or before the Bar Date. Any creditor who does not file a proof of claim on or before the Bar Date shall be forever barred from asserting a claim against the Debtor and the Debtor's estate and the Debtor and the Debtor's estate shall be forever discharged from any and all indebtedness or liability to the holder of any such claim and the holder of such claim shall not be permitted -2 - to participate in any distribution in the Debtor's proceedings. Dated: July 31, 1995 3370Z JILLIAN KINDLUND AYLWARD, CHAPTER 7 TRUSTEE By her attorneys, CRAIG AND MACAULEY P FESSIONAL CORPORATION iV W; l li am . Moorman; Jr. (bm.a02786) Peter J. Roberts (bma04511) Craig and Macauley Professional Corporation Federal Reserve Plaza 600 Atlantic Avenue, 29th Floor Boston, Massachusetts 02210 (617) 367-9500 Town of North Andover . OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES KENNETH R. MAHONY Director July 27, 1995 Mr. Joel Bard Kopelman & Paige 101 Arch Street Boston, MA 02110 146 Main Street North Andover, Massachus (508) 688-9533 RE: VIOLATIONS of the Massachusetts Wetlands Protection Act and local Wetland ByLaw (RT. 114 adjacent to Jefferson Office Park). Dear Joel: Per my discussion with Kate Connolly, I am forwarding materials to your attention with regards to the above referenced property location. In summary, improper disposal of building debris and/or hazardous materials occurred within the limits of a Bordering Vegetated Wetland (BVW). In conjunction with Sandra Starr, the Board of Health Agent, we attempted to reach an agreeable solution with the landowner and mitigate impacts to the environment (refer to the enclosed letter from the Board of Health). Lack of cooperation and numerous delays has forced this Department to take additional measures. Mr. Osgood, the former landowner, declared bankruptcy and the property was seized and is now in the trust of Mrs. Jillian Aylward. Her attorney, Mr. Bill Moorman of Craig and MacAuley, contacted my office in response to the enclosed correspondence. The Trust is attempting to return the land to Mr. Osgood, who is not willing to accept it, through the courts. Mr. Moorman has informed this Department that a hearing is scheduled for August 15, 1995. Please refer to the enclosed documents for further clarification. I am of the opinion that the Trust is the responsible party at this time. I have mandated a deadline of noon on August 4, 1995 for filing a Notice of Intent with the North Andover Conservation Commission (NACC) outlining proposed mitigating measures. I am anticipating that Mr. Moorman will ignore this deadline and I would like to discuss additional steps with you in order to insure compliance with the Enforcement Order. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta Michael Howard Sandra Stair Kathleen Bradley Colwell o a RE: VIOLATIONS of the Massachusetts Wetlands Protection Act and local Wetland ByLaw (RT. 114 adjacent to Jefferson Office Park). Dear Joel: Per my discussion with Kate Connolly, I am forwarding materials to your attention with regards to the above referenced property location. In summary, improper disposal of building debris and/or hazardous materials occurred within the limits of a Bordering Vegetated Wetland (BVW). In conjunction with Sandra Starr, the Board of Health Agent, we attempted to reach an agreeable solution with the landowner and mitigate impacts to the environment (refer to the enclosed letter from the Board of Health). Lack of cooperation and numerous delays has forced this Department to take additional measures. Mr. Osgood, the former landowner, declared bankruptcy and the property was seized and is now in the trust of Mrs. Jillian Aylward. Her attorney, Mr. Bill Moorman of Craig and MacAuley, contacted my office in response to the enclosed correspondence. The Trust is attempting to return the land to Mr. Osgood, who is not willing to accept it, through the courts. Mr. Moorman has informed this Department that a hearing is scheduled for August 15, 1995. Please refer to the enclosed documents for further clarification. I am of the opinion that the Trust is the responsible party at this time. I have mandated a deadline of noon on August 4, 1995 for filing a Notice of Intent with the North Andover Conservation Commission (NACC) outlining proposed mitigating measures. I am anticipating that Mr. Moorman will ignore this deadline and I would like to discuss additional steps with you in order to insure compliance with the Enforcement Order. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta Michael Howard Sandra Stair Kathleen Bradley Colwell Thanking you in advance. Sincerely, Michael D. Howard Natural Resource/Land Use Planner encl. CC: Mr. Ken Mahoney, Director - Planning & Community Development Sandra Starr, BOH Agent NACC FILE KENNETH R MAHONY Director July 26, 1995 Town of North Andover NORTN OFFICE OF ?0 t 90 COMMUNITY DEVELOPMENT AND SERVICES p 146 Main Street North Andover, Massachusetts 01845 9SSAcHUS�� (508) 688-9533 Mr. Bill Moorman Craig & MacAuley 600 Atlantic Avenue Boston, MA 02210 RE: Rt. 114 Adjacent to Jefferson Office Park - VIOLATIONS of the Massachusetts Wetlands Protection Act (M.G.L. Ch. 131, Sec. 40) and the Town of North Andover Wetland ByLaw (Ch. 178 of the Code of North Andover). Dear Sir: Per our phone correspondence on July 24, 1995, I am forwarding to you a revised Enforcement Order and Violation Notice for the above referenced property. Please note that the date has been corrected. The following issues remain outstanding: • A report from a reputable environmental consulting firm verifying the presence of hazardous waste has not been submitted to this Department; • A copy of the deed has not been forwarded to this Department; • A Notice of Intent with outlined mitigation measures has not been forwarded to this Department (a deadline of 12:00 p.m. on Friday, August 4, 1995 has been established). Furthermore, I am of the opinion that the Trust is the responsible party at this time. Until I am persuaded or directed otherwise the deadlines and conditions set forth in the enclosed Enforcement Order stand. Your future cooperation with regards to this matter is appreciated. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta Michael Howard Sandra Stag Kathleen Bradley Colwell Sincerely, Michael D. Howard Natural Resource/Land Use Planner encl. cc: Mr. Ken Mahoney, Director of Planning & Community Development Sandra Starr - BOH Administrator NACC DEP-HERO FILE Town of North Andover f NORTIy , o t�o OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES ° : A 146 Main Street is 01�r40- y (y KENNETH R. MAHONY North Andover, Massachusetts 01845 9SSACHUs�� Director (508) 688-9533 VIOLATION NOTICE Issued from: North Andover Conservation Commission (NACC) Issued to: Jillian K. Aylward, c/o Craig & MacAuley Date: July 21, 1995 DEP #: N/A Location/Property: Rt. 114 adjacent to Jefferson Office Park The NACC has determined that the activity described below is in violation of the Massachusetts Wetlands Protection Act (M. G.L. Ch. 131, Sec. 40) and/or the Town of North Andover Wetlands Protection ByLaw. EXTENT AND TYPE OF ACTIVITY: • Alteration of an Area Subject to Protection Under the Act (310 CMR 10.02 (1)(a)); • Building debris and potentially hazardous material illegally placed in a Bordering Vegetated Wetland (BVW). If this violation is not immediately addressed as required below, an ENFORCEMENT ORDER will be issued, which may include a stop work order, which may be followed by legal action. REQUIRED ACTION: • Refer to Enforcement Order and correspondence enclosed herein and made a part hereof dated July 21, 1995. Questions concerning this violation notice should be directed to the North Andover Conservation Department, Town Hall Annex, 146 Main Street, or by calling (508) 688 - 9530. Signature: Sig , BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Panino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell Town of North Andover . OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES KENNETH R. MAHONY Director July 21, 1995 Ms. Jillian K. Aylward C/O Craig & MacAuley 600 Atlantic Avenue Boston, MA 02210 146 Main Street North Andover, Massachusetts 01845 (508) 688-9533 RE: Rt. 114 Adjacent to Jefferson Office Park - VIOLATIONS of the Massachusetts Wetlands Protection Act (M.G.L. Ch. 131, Sec. 40) and the Town of North Andover Wetland ByLaw (Ch. 178 of the Code of North Andover). Dear Ms. Aylward: Visual inspection of the above referenced property location on March 31, 1995 revealed violations of the Massachusetts Wetlands Protection Act and local wetland ByLaw. Any activity proposed or undertaken within an area specified_in the Act (3 10 CMR 10.02)(1)(a) which will remove, fill, dredge or alter that area is subject to regulation under M.G.L. c.131 SAO and requires the filing of a Notice of Intent with the Conservation Commission. Furthermore, any activity proposed or undertaken within 100' of an area specified in 310 CMR 10.02 (1)(a) (hereinafter called the Buffer Zone) which in the judgment of the issuing authority, will alter an Area Subject to Protection under M.G.L. c.131 s.40 is subject to regulation and also requires the filing of a Request for Determination and/or a Notice of Intent. It is the opinion of this Department that an unknown quantity of debris and potentially hazardous material has been illegally deposited within the limits of a Bordering Vegetated Wetland (BVW). Under the local ByLaw a violation of this magnitude is subject to a $300.00 per day fine. Each day that the violation is not rectified is constituted as a separate offense and subject to additional fines. At this time I am not issuing a fine, however, the following conditions shall be imposed- • Employ an environmental consultant or other qualified personnel to evaluate the site for the presence of hazardous materials (selected personnel shall be approved by this Department prior to initiating work); • File a Notice of Intent with the North Andover Conservation Commission (NACC) by 12:00 p.m. on Friday, August 4, 1995 outlining mitigating measures; • Cease and desist from further alteration of the BVW; BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell Your future cooperation with regards to this matter is appreciated. If you have any questions or concerns please do not hesitate to contact this office. Sincerely, Michael D. Howard Natural Resource/Land Use Planner encl. cc: Sandra Starr, BOH Administrator Ken Mahoney, Dir. CD&S DEP - NERO NACC File 310 CMR 10.99 Form 9 Commonwealth of Massachusetts Rte. 114, Adjacent to Jefferson Office Park Enforcement Order Massachusetts Wetlands Protection Act, O.L. c. 131, §40 AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5 DEP File No. N/A (Ta be provided by DEP) C,iy.jow„ North Andover, MA aoatmant Jillian K. Aylward c/o Craig & MacAuley From North Andover Conservation Commission Issuing Authority To Jillian K. Aylward c/o Craig & MacAuley Date of Issuance July 21, 1995 Property lot/parcel number, address Rte. 114, Adjacent to Jefferson Office Park Extent and type of activity: • ALTERATION OF AN AREA SUBJECT TO PROTECTION UNDER THE ACT (310CMR 10.02 (1) (a) ); BUILDING DEBRIS AND POTENTIALLY HAZARDOUS MATERIAL ILLEGALLY PLACED IN A BORDERING VEGETATED WETLAND (BVW). The North Andover Conservation Commission has determined that the activity described above is.in violation of the Wetlands Protection Act. G.L c. 131, §40. and the Regulations promulgated pur- suant thereto 310 CMR 10.00. because: ZK Said activity has beeniis being conducted without a valid Order of Conditions. G Said activity has been/is being conducted in violation of an Order of Conditions issued to . dated File number 242— Condition number(s) Other (specify) , The North Andover Conservation Commission hereby crCers the following: • JXX The property owner. his acents. permittees and all others shall immeciately cease ano cesist !rem fur -tier activity affecting the wetland portion of this property. ZX Wetland alterations resulting from said activity shall.be corrected and the site returned to its original con- dition. lai Abd North Andover Conservation Commission issued by ons e filed ri XxX Completed aoollcatlon forms and plans as re u'Commissi cAorr belorelat1Aug- 411 b1995 "'((cane' • North Andover Conservation8 and no lurtner work shall be performed until a public nearing nas been held and nOfrf icecier ( Conditions has been Issued to regulate said work. Application forms are available at: fxXThe property owner shall take every reasonable step to prevent further violations of the act Other (soecity) 1. EVALUATE WASTE/DEBRIS FOR THE PRESENCE OF HAZARDOUS MATERIALS; 2. FILE A NOTICE OF INTENT WITH PROPOSED MITIGATING MEASURES ON OR BEFORE AUGUST 4, 1995.• Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap- ter 131. Section 40 provides: uished by a fine of not more Whoever violates any provision of this secrllsonmenton shall btarno, more than two years o both than twenty-five thousand dollars or by Imp Each day or portion thereof of continuing violation shall constitute a separate offense. Mr. Michael Howard Questions regarding this Enforcement Order should be directed to: North Andover Conserva ion Commission • Issued by Signature(s) _y (Administrator) Michael D. Howard P 406 914 735 t5iinature of del,ver\- oerson cr certilied mail numeerl C: Department of Environmental Protection Wetlands Division 10 Commerce Way Woburn MA 01801 • HOR Try '1 BOARD OF HEALTH Jillian K. Aylward C/O Craig & MacAuley 600 Atlantic Avenue Boston, MA 02210 Dear Ms. Aylward: 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 Exc23 April 6, 1995 A recent inspection on March 31, 1995 by personnel of the North Andover Board of Health and Conservation Commission of a site on Route 114 near Jefferson office Park found a large amount of illegally dumped building debris. This debris included asphalt roof shingles, doors, lumber, concrete, roofing tar, fiberglas insulation, automobile and bicycle tires, sheet rock, doors, cinder blocks and other miscellaneous items. Upon calling the owner, Mr. Benjamin Osgood, Sr. we were directed to send this letter to you as owner/receiver of this property. Please be advised that it is a violation of 105 CMR 410.602(A) and M.G.L. 111, Section 150A to dispose of solid waste in an unapproved site. This site must be cleared of all debris, disposed of in an acceptable landfill and a locked gate installed to prevent further dumping at the site within thirty (30) days of receipt of this letter. If you have any questions, please do not hesitate to call the Board of Health office at 508-688-9540 between 8:30 and 4:30 Monday through Friday. Sincerely, Sandra Starr, R.S. Health Administrator cc: Ken Mahoney, Dir. CD & S B. Osgood, Sr. M. Howard, NRP BOH File JUL 2 6 IM Town of North Andover . OFFICE OF !.._.= COMMUNITY DEVELOPMENT AND SERVICES KENNETH R. MAHONY Director Issued from: Issued to: Date: Location/Property: 146 Main Street North Andover, Massachusetts 01845 (508) 688-9533 VIOLATION NOTICE North Andover Conservation Commission (NACC) Jillian K. Aylward, c/o Craig & MacAuley June 21, 1995 DEP #: N/A Rt. 114 adjacent to Jefferson Office Park &DI L. O A 1� • •x(.09 ,`° • The NACC has determined that the activity described below is in violation of the Massachusetts Wetlands Protection Act (M.G.L. Ch. 131, Sec. 40) and/or the Town of North Andover Wetlands Protection ByLaw. EXTENT AND TYPE OF ACTIVITY: • Alteration of an Area Subject to Protection Under the Act (310 CMR 10.02 (1)(a)); • Building debris and potentially hazardous material illegally placed in a Bordering Vegetated Wetland (BVW). If this violation is not immediately addressed as required below, an ENFORCEMENT ORDER will be issued, which may include a stop work order, which may be followed by legal action. REQUIRED ACTION: • Refer to Enforcement Order and correspondence enclosed herein and made a part hereof dated July 21, 1995. Questions concerning this violation notice should be directed to the North Andover Conservation Department, Town Hall Annex, 146 Main Street, or by calling (508) 688 - 9530. Signature: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino �•� v D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell 310 CMR 10.99 Form 9 Commonwealth of Massachusetts DEP Fite No. N/A (To be provided by DEP) City -Town North Andover, MA Acoticant Jillian K. Aylward c/o Craig & MacAuley Rte. 114, Adjacent to Jefferson Office Park Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, §40 AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5 From North Andover Conservation Commission To Jillian K. Aylward c/o Craig & MacAuley Date of Issuance July 21, 1995 suing Authority Property lot/parcel number. address Rte. 114, Adjacent to Jefferson Office Park Extent and type of activity: ALTERATION OF AN AREA SUBJECT TO PROTECTION UNDER THE ACT (310CMR 10.02 (1) (a) ); BUILDING DEBRIS AND POTENTIALLY HAZARDOUS MATERIAL ILLEGALLY PLACED IN A BORDERING VEGETATED WETLAND (BVW). The North Andover Conservation Commission has determined that the activity described above is.in violation of the Wetlands Protection Act, G.L. c. 131, §40, and the Regulations promulgated pur- suant thereto 310 CMR 10.00, because: NEK Said activity has beenlis being conducted without a valid Order of Conditions. G Said activity has been/is being conducted in violation of an Order of Conditions issued to dated Fife number42 .2— Condition number(s) _.� Other (specify) The North Andover Conservation Commission hereby orders the following: XXX The property owner, his scents, permittees and all others shall immediately cease and desist from furrier activity affecting the wetland portion of this property. XNX Wetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. North Andover Conservation Commission issued by reqred bv the Ac', and X%X Completed application forms and plansationulComotat'shallons missi0f)or beforeAug. 4be hied v,It 1995 Intel North Andover and no furtner work shall be performed until a public nearing rias been heldNACCano nOfOrf iceaer t Conditions. has been issued to regulate said work. Application forms are available at: xXXThe property owner shall take every reasonable step to prevent further violations of the act Other (specify) 1. EVALUATE WASTE/DEBRIS FOR THE PRESENCE OF HAZARDOUS MATERIALS; 2. FILE A NOTICE OF INTENT WITH PROPOSED MITIGATING MEASURES ON OR BEFORE AUGUST 4, 1995.• Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap• ter 131. Section 40 provides: Whoever violates any provision of this section nmentshall bor not moee than two years o both d by a fine of not more than twenty-five thousand dollars or by P Each day or portion thereof of continuing violation shall constitute a separate ottense. Mr. Michael Howard Questions regarding this Enforcement Order should be directed to: Issued by North Andover Conserve ion ,CommisS Signature(s) (Administrator) Michael D. Howard C: Department of Environmental Protection Wetlands Division 10 Commerce Way Woburn MA 01801 P 406 914 735 (Signature of deliver\' oerson or certihed mail number) Town of North Andover 01 NORTH OFFICE OF 3� -1 1 to , L COMMUNITY DEVELOPMENT AND SERVICES A 146 Main Street QOA�TFOµ�PP`y �y KENNETH R. MAHONY North Andover, Massachusetts 01845 9SSACHUs�� Director (508) 688-9533 June 21, 1995 Ms. Jillian K. Aylward C/O Craig & MacAuley 600 Atlantic Avenue Boston, MA 02210 RE: Rt. 114 Adjacent to Jefferson Office Park - VIOLATIONS of the Massachusetts Wetlands Protection Act (M.G.L. Ch. 131, Sec. 40) and the Town of North Andover Wetland ByLaw (Ch. 178 of the Code of North Andover). Dear Ms. Aylward: Visual inspection of the above referenced property location on March 31, 1995 revealed violations of the Massachusetts Wetlands Protection Act and local wetland ByLaw. Any activity proposed or undertaken within an area specified in the Act (3 10 CMR 10.02)(1)(a) which will remove, fill, dredge or alter that area is subject to regulation under M.G.L. c.131 s.40 and requires the filing of a Notice of Intent with the Conservation Commission. Furthermore, any activity proposed or undertaken within 100' of an area specified in 310 CMR 10.02 (1)(a) (hereinafter called the Buffer Zone) which in the judgment of the issuing authority, will alter an Area Subject to Protection under M.G.L. c.131 s.40 is subject to regulation and also requires the filing of a Request for Determination and/or a Notice of Intent. It is the opinion of this Department that an unknown quantity of debris and potentially hazardous material has been illegally deposited within the limits of a Bordering Vegetated Wetland (BVW). Under the local ByLaw a violation of this magnitude is subject to a $300.00 per day fine. Each day that the violation is not rectified is constituted as a separate offense and subject to additional fines. At this time I am not issuing a fine, however, the following conditions shall be imposed: • Employ an environmental consultant or other qualified personnel to evaluate the site for the presence of hazardous materials (selected personnel shall be approved by this Department prior to initiating work); • File a Notice of Intent with the North Andover Conservation Commission (NACC) by 12:00 p.m. on Friday, August 4, 1995 outlining mitigating measures; • Cease and desist from further alteration of the BVW; BOARD OF APPEALS 688-9541 BMDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Pan ino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell Your future cooperation with regards to this matter is appreciated. If you have any questions or concerns please do not hesitate to contact this office. Sincerely, Michael D. Howard Natural Resource/Land Use Planner encl. cc: Sandra Starr, BOH Administrator Ken Mahoney, Dir. CD&S DEP - NERO NACC File BOARD OF HEALTH Jillian K. Aylward C/O Craig & MacAuley 600 Atlantic Avenue Boston, MA 02210 Dear Ms. Aylward: 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 Ext23 April 6, 1995 A recent inspection on March 31, 1995 by personnel of the North Andover Board of Health and Conservation Commission of a site on Route 114 near Jefferson Office Park found a large amount of illegally dumped building debris. This debris included asphalt roof shingles, doors, lumber, concrete, roofing tar, fiberglas insulation, automobile and bicycle tires, sheet rock, doors, cinder blocks and other miscellaneous items. Upon calling the owner, Mr. Benjamin Osgood, Sr. we were directed to send this letter to you as owner/receiver of this property. Please be advised that it is a violation of 105 CMR 410.602(A) and M.G.L. 111, Section 150A to dispose of solid waste in an unapproved site. This site must be cleared of all debris, disposed of in an acceptable landfill and a locked gate installed to prevent further dumping at the site within thirty (30) days of receipt of this letter. If you have any questions, please do not hesitate to call the Board of Health office at 508-688-9540 between 8:30 and 4:30 Monday through Friday. . Sincerely, Sandra Starr, R.S. Health Administrator cc: Ken Mahoney, Dir. CD & S B. Osgood, Sr. M. Howard, NRP BOH File BOARD OF HEALTH Jillian K. Aylward C/O Craig & MacAuley 600 Atlantic Avenue Boston, MA 02210 Dear Ms. Aylward: 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 Ext23 April 6, 1995 A recent inspection on March 31, 1995 by personnel of the North Andover Board of Health and Conservation Commission of a site on Route 114 near Jefferson office Park found a large amount of illegally dumped building debris. This debris included asphalt roof shingles, doors, lumber, concrete, roofing tar, fiberglas insulation, automobile and bicycle tires, sheet rock, doors, cinder blocks and other miscellaneous items. Upon calling the owner, Mr. Benjamin Osgood, Sr. we were directed to send this letter to you as owner/receiver of this property. Please be advised that it is a violation of 105 CMR 410.602(A) and M.G.L. 111, Section 150A to dispose of solid waste in an unapproved site. This site must be cleared of all debris, disposed of in an acceptable landfill and a locked gate installed to prevent further dumping at the site within thirty (30) days of receipt of this letter. If you have any questions, please do not hesitate to call the Board of Health office at 508-688-9540 between 8:30 and 4:30 Monday through Friday. Sincerely, Sandra Starr, R.S. Health Administrator cc: Ken Mahoney, Dir. CD & S B. Osgood, Sr. M. Howard, NRP BOH File CRAIG AND MACAUL PROFESSIONAL CORPORATION COUNSELLORS AT LAW VIA TELECOPIER AND REGULAR MAIL (508) 688-9542 Sandra Starr, R.S. Health Administrator Board of Health 120 Main Street North Andover, MA 01845 FEDERAL RESERVE PLAZA 600 ATLANTIC AVENUE BOSTON, MASSACHUSETTS 02210 TELEPHONE (617) 367-9500 TELECOPIER (617) 742-17 8 8 Re: In re Benjamin C. Osgood; Chapter 7 -- Case No. 93-18838-JNF Dear Sandra: June 21, 1995 The Bankruptcy Court today continued the hearing concerning the abandonment of interests in the site off of Route 114 near Jefferson Office Park ("Property"). The hearing was continued until August 15, 1995. Due to the continuance, the Bankruptcy Trustee requests that the Board of Health and the Conservation Commission agree to forbear from taking any further action concerning the Property until September 1, 1995. Please acknowledge your assent below where indicated, and return the same to me. Thanks again for your cooperation. S111FIcerely, A P ter Roberts PJR:nel:3447Z AGREED: CRAIG Ai\'--) NIACAULEY COUK'Sr.L-LORS AT LAW VA ALWATEIR wa) as 1342 Sandra SLArr, R.S. Health Administrato--_ solid of KOM', 120 Main Street-, North Andover, MA 0160, Re: in re Benjamin C. Dsgoca; Mpter.2,V7 We DeaL sandca: NV U89 K 21" FEDERAL REMRVE PLAZA P,USTON. f-11A$'_-,.1k?0HQ5FTTS- 02210 74k O'SYS junt 21, LOW,, The Bankruptcy Court today continued the nearing concerning the abandonment of interests in the We OLE Of Route 114 near Jefferson Oftice Park ("Property"). The hearing was continued until August 15, 1995. Due to the continuance, the Bankruptcy Trustee requests that the Board of Health and the Conservation Commission agree to forbear from taking any further action concerning the property until September 1, 19M Please acknowledge voux assent weiow wnere indicatei; dnd return the same to me, Thanks again for your cooperation. it! Koh- 1 r,- P3R:neA:?441z AURKEW f UNITED STATE'S BANKRUPTCY' (COUPT.,(Ir DISTRICT OF .kn BENJAMIN C. OSGOOD; Casse No. Chapter 7) A'- IVIDAVIT OF SANDRA STARR 1, Sandra Sta.rr, hereby depose, and state under tte plains and penalties of perj,,iry the followinqi 1. 1 am, employed as a healith adrainistxator toi. then Boavft :if Sealt-In of the Town of North Andover, (;f liealth") YKY djties as a health adniinistrato.r include investigating complaints concerning suspected incidents ot 2. On VlarCh- 31, 1995, 1 --onduC,ted. an inspection of a SitsL Qin Route 114. near Jefferson Office Park in North Andover, Massachusetts ("Property"). I was A-Ccorapaniad on the %- inspection by represent at ives OfL the Conservation Corrum-L.ssion or the Town ol" North .1'indover ("Co n.mission"')' . 3. Dur-ino rmy inspectic,,r, d.Lsscoveted ("Debris") on t. -he. Prooerty. During My 17 - 5 n pect,ton, I a1sn' 1 '. �j served a sign on, t1hp. Property why,.r, read For Sa le - of JQp- TR&D -- .1 n d u,,7, t r a I - 113p To 310,000 SQ; F - 0s d 1) v•Forst Th(-- sign also listed a phone n."'Umber koi: Yalu C" r 4, Upon my return 'L' -c; 'Che of fire after the inspection of the Property, 1 to I ephoned the phone number listed on t~h.e. si.on. When my call. was answered, i stated that I toad seen the sign on the Property and that I was interested 1,11 tr.e Property. The party at the other end of the Iine icient-A ied himself -�s Benjamin Osgood, 1., anCl stated :hat he was the owner cf the Propert_y.. After I identified r�yseit as a health administrator for file Board of Healah and complained about the Debris, Mr. Osgood referred :ne to Jillian K. Aylward C.t lT'ruS L'ee" f for any further information on the Property. 5. 1 have reviewed the Trustee's i•otj-e.e of Intended. Abandon-ment Of Property � °'i�ot�cT�°°) , filed in the above-captioneu proceeding on May 8, 1995., I understand that the Notice concerns the Property. 6. It is my opinion that the Debris on the Property dop-s nonose an imminent and identifiable `hazard to t r, he Public's safety. In light of the Trustee's intent to aoano<'r, she Property, th.e Board of Health and the Conservat jinn C1o.rrtmjss4.on do not intend to tale any- u,rt-her acllcion wil th regard I.o the Pro ertY before J"'une sys 1": '17 , F ,fl rj, L CO) 1� IL L4 rk� [f�DPI, LF!L�n� [-r� U T', KI --V ii � T! 1 11 L;�,\ U= C,�, FR(-.)N'I: CRAIG AND NMIACA; ULEY PROFESSIONAL CORPORATION 600,,%TLANr11C,VV ENU1-, BOSTON, MIA422'10 COMPANY. 21 ATTEN'TIO JN: F,.Ikx NO,: T iESSAGF: SENDER: CON11DEN"11AUry NOTICE The document(s) accompanying this fax contain confidential information which is logafly privileged The information is intended only for the use of the intended recipient named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distnibution or the taking of any action in reliance on the contents of This telecople:d information except its direct delivery to the intended i recipient named above is strictly prohibited, If you have received this fax in error, please notify us immediately by telephone to arrange for retmr, of the original documents to us. THE FOLLOWING TR--ANSM1T7AL CONSISTS OF - 7021 --- PACES 'Not indu ding this, cover page) ACKNOWLEDGEMENT OF RECEIFTOF THIS TRANSMISSION I � IS L -J IS NOT 911 REQUEST : ACKNOWLEDGE VIENT OR INQUIR-ILES CAN BE XIADE BY: Telephone: (617) 367-9500 e Telecopier- (6I 7) 7427-1788 OR U517) 248-`886 ' DATE TRANS MITEE'D TITME'IRANSM-rl-TED CLITENT MMTER NO.. C &- M! plosmil (big i), .. — R5-:�F �� ��L� � cr)'V, P-, Lm F 9' CRAIG AND MA.C:AC,LEY PROFESSIONAL C OIZPO TION 6Cft t ,(`' r` ►' ° AYENII E, BOSTON, SIA 0'22111,0 CO N�IR/kNY- FAQ : rp, � T�,%�j A. NO., i ��TJ aye L. .. 4- (_i L I i —_..��...,.�.......... ...,...._. l ..,. � �.�.............,...............�..�-_........r�e_>...a_...........,...ani..............._......._........................y.......e. ' S A a. (---.'0N*F1DENT1A.L1TY NOTICE The document(s) accompanying this fax contain confidential information which is legally privileged. I The information is intended only for the use of the intended revipient named above. If you are not Che intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information except its direct delivery to the intended 1 recipient named above is strictly prohibited, if you have received this fax in error, p1me notify us I :n.are-iiately 6y teleptione to arrange trr return of the original documents to us. I THE FOLLOWING TRANSMIT` AL CONSISTS SIST'S OF r�,` �" PAGES ( lot it Ach.1di_ng i, `•.: v 9P i✓& page) R� ACKNOWLEDGEMENT OF RECEIPT OF THIS TRANSMISSION IS IS NOT R. YTED- ACKNOWLEDGE ENT OR INQUIRIES CAN BE MADE BY: Telephones (617) :367-9500 elecopip.ro ,617) 742-1.788 OR (617) 248-0886 DATE TTS.ANSmirrE _ . !F> :.�. _� ` TIME TRANSTMITFED .fir M BA 0 S to /9 ° •E POR FESS I p MAI. GORR4 R AT I ON COUN5F-t_LCRS AT LAW (508) 668-9542 Sandra , to r, R.S. Roabrd of Health 420 Main Street .NOT-th Andover, Y-,4 UII345 Re.. in re berijamir� C— Osgood, Dear andra r 1 , L PK'OER.4L PE'SERVE RLAEA 50Q ATL -ANTIC Av�.ri iE. ON h9AaYACHU$rTTS OPNC) :r -I- ! -;-, F° f tE Z I C-, I'?) '; .1 - 17 _n F9 Te.I.ec --Died herewith is a draft form of afficiavi,t for your r.e,a:pw. . would appreciate it if you could coli tree with you; Ct--It`L'MLent.s at your earliest convenience. Thanks for your cooperation in this matter. 7 G y DTSTRICT OF r z BENJAMIN C. OSGOOD, j Case No. 93-18 ;3€)-JNI:' I, Sancjra Starr, hereby devoso and state unci__I: the jai r; and genal.ti.e;; of periury thie fo:+_lowing: 1. I am employed a. a health adta nistrator for tho Bo-a,_cj of Health of the mown of North Andover, Massachusetts ("Board of Health"), My duties as a health administrator include conducting inspections of vacant land sires throughout- they Town, and enforcing compliance with state regulations on public hfi alth. 2. On March 31., 1.995, Y conducted art inspecticr of a site on Route 114 near Jefferson. -Office park in North Andover, Massaohusett.s I was accompanied on the inspection by representatives of the Conservation Commission O.L. the Town of North Andover. (s C: mmitiss1 onsi ) 3. Duri.t?q my inspection:, i discoveLed buiiuinldebris ( "Debris") on the Property. During my inspection, I also observed a s.,qn on the Property wn.A;,t. read. "for Sale - Ot- t ice - Rt�� - Indu_i.rial TJp 1-, 3;�,UGC S k ' rliI F31 iICI 'To Sint, Osgood Dev. & Mgt." she sign also listed a p!`lf.neual*er for 1 n,gi1 i t. 3.�zlS . 7- T 7 1VT J 4. Upon My retu n tO Of f iCetaf !-�er the in ,pecrion of the Property, I tc--Jephored the phcne niazmber .1isted. on tne sign. When my Ca! was answered., 11 st-ited thdit I had seen the sign on tne Propert,,.r tha—t I was Jnl-"cre6tred In t -he ;�1!13 4 Propelr'ty, The party at tile oth_ of I e line 4.d h i m 8 e I t a s B -i 0' -Mer of tl e Property. After I -.uculj, I f ied mys(--:, ii t a e th adati ni strato r f or the Boa rd Ct anal compi a inen about. the. De-DriSl W. OS900d re.fetiMr.1 MO. �-,Ie) K. Ay.j-W3ra ("T.rustee") for any fuTtrheT iriforor. or, �-he. Propert, 51 1 have reviewed the Trustee's :N'oLice Of Intended Of, Property ("Noticell), f-Lle,-- in t' Abandonment 4 L the above -captioned proceeding on 11 -lay 8, 1995. 1 understQ--nd *Chkat the NotCle coilCe-1 111s,thie, Jr -'rope rtyz 66 It is my opinion that the. Debr-Ls on tbp Pro-perty doss not- pose an mmirtert anc i.dentLf i able hazard tO the PL11"11"C's safety. Ir 11 ght of the Tr,.,.s t ee , -,-, Intent to abancion t- �tc, Property, the Board of Health and. the Cotjs-rvatllon do not inter,.-Ld tc,E 11-.ake eny fL,.r4,-hR-T actj(,-n with reqard to the Signed under tp he ains aztc: -Pena jl.ti es cr per-)U-I'v t1lis RV 7W WaIMMEFIM wan %J A C'A UL. E Y N U P.0 t" A.S� SAC H u -SC77 '15 OL, 0 f3 13 A dc} v,;e -C f) 3 L n! Cj� Z a r I ;�ar (.;,e st o r.,,, e 1:i emctn? t I yn!' -or t-).uns.- 1 5 c t; r or 15 rbe f it f V he Baan f 'lutcy t h 1.) L L '"vin yc�v; w I a -,j b p c, An a a s T, 17. h a t i:., d 1) A T' k QCT, y r c p e4U" Addressee: From: TOWN OF NORTH ANDOVER HEALTH DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 Telefax Transmittal Form June 20, 1995 Date Name: Peter Roberts, Esq., Craig & Macauley Firm: Street: City, State, Zip: Boston, MA Telefax phone number: (617) 742-1788 Town of North Andover Health Department 120 Main Street North Andover, MA 01845 Telephone # (508) 682 -6483 -Ext. 32 Telefax # (508) 682-2996 Total number of pages, including transmittal form 3 If you do not receive all pages, notify sender immediately. Additional Comments: max: reRotM _. UNITED STATES BANnUPTCY COURT DISTRICT OF MASSACHUSETTS In re: BENJAMIN C. OSGOOD, ) Case No. 93-18838-JNF Chapter 7 Debtor. ) AFFIDAVIT Of' SANDRA STARR I, Sandra Starr, hereby depose and state under the pains and penalties of perjury the following: 1. I am employed as a health administrator for the Board of Health of the 'town of North Andover, Massachusetts ("Board of Health"). My duties as a health administrator include investigating complaints concerning suspected incidents of illegal dumping. 2. On March 31, 1995, I conducted an inspection of a site on Route 114 near Jefferson Office Park in North Andover, Massachusetts ("Property"). I was accompanied on the inspection by representatives of the conservation Commission of the Town of North Andover ("Commission."). 3. During my inspection, I discovered building debris ("Debris") on the Property. During my inspection, I also observed a sign on the Property which read "For Sale - Office - R&D - Industrial - Up To 30,000 SQ. FT. - Will Build To Suit, Osgood Dev. & Mgt." The sign also listed a phone number for inquiries. 4. Upon my return to the office after the inspection of the Property, I telephoned the phone number listed on the sign. When my call was answered, I stated that I had seen the sign on the Property and that I was interested in the Property. The party at the other end of the line identified himself as Benjamin Osgood, Sr., and stated that he was the owner of the Property. After I identified myself as a health administrator for the Board of Health and complained about the Debris, Mr. Osgood referred :ne to Jillian K. Aylward ("Trustee") for any further information on the Property. 5. 1 have reviewed the Trustee's Notice Of Intended Abandonment Of Property ("Notice"), filed in the above -captioned proceeding on May 8, 1995. I understand that the Notice concerns the Property. 6. It is my opinion that the Debris on the Property does not pose an imminent and identifiable hazard to the public's safety. In light of the Trustee's intent to abandon the Property, the Board of Health and the Conservation Commission do not intend to take any further action .with regard to the Property before June 30, 1995. Signed under the pains and penalties of perjury this -A7071 Gay of June, 199:. Sandra Starr 34362 111, A J_, -"RPORXIIONI FROPY1 CRAIG AND 64) ATLANTIC AVEN!1 UT, BOSTON. 111MA 0`22 1.0) Ck"11A PA NY: A-M-ENTK-W FAX NO SENDER, Ut 1 "N I VA ITY' NO)TICA-j 'l',ie aocumenvs) acc o!iw, an !.,I ne uhts i a x (m I ajn confidentuAl. mformation wtuc, V, les,.,ahv r,;rv-u'f-,gcf T use t' c intead i recipe -it nam.ed abuvc. if You wc. not Life: he infoml iauon is IMMICCI' 01-11V 'Tor I intende�drecipmnt, you am nereby notifil e C: v 6, a to a -r, v di ,- C j os u re, ;,op, v mig, (bsvi rikinon cz Lhe mkirj� of any action a) reliance Oil the Corftnlc Cm, trus ie.!&ovjtd informauor, exceptits direct delivv-v totne, intended recipienr named above v� stric�v prohifil-104 if yuu have re(,erved this ffax hi error, piewe notih, us irr-mexhatety by tehtphonc to amrige forreux-n(A tne ongm-w docurillmits W its. THE FOLLOWING L' OF -,.P.-AtGES 'Not in-W.Hpwt. ACKNOWLEDGEMENTOF RECALIPT s'.)FTiflAs 'FRI.A.-N, IS, �Vfi I's s foN Is Is IN01, LA, j ACKNOWLEDGE'I'ALNTOR .1 N" QUIP, 1ES' CAN BE MA -DE BY: 1 , Telepbone: (611 7 ") 367 -9 ' , 00 - U q1, LTL PREfnFtf� U "611 -0886 111, A J_, -"RPORXIIONI FROPY1 CRAIG AND 64) ATLANTIC AVEN!1 UT, BOSTON. 111MA 0`22 1.0) Ck"11A PA NY: A-M-ENTK-W FAX NO SENDER, Ut 1 "N I VA ITY' NO)TICA-j 'l',ie aocumenvs) acc o!iw, an !.,I ne uhts i a x (m I ajn confidentuAl. mformation wtuc, V, les,.,ahv r,;rv-u'f-,gcf T use t' c intead i recipe -it nam.ed abuvc. if You wc. not Life: he infoml iauon is IMMICCI' 01-11V 'Tor I intende�drecipmnt, you am nereby notifil e C: v 6, a to a -r, v di ,- C j os u re, ;,op, v mig, (bsvi rikinon cz Lhe mkirj� of any action a) reliance Oil the Corftnlc Cm, trus ie.!&ovjtd informauor, exceptits direct delivv-v totne, intended recipienr named above v� stric�v prohifil-104 if yuu have re(,erved this ffax hi error, piewe notih, us irr-mexhatety by tehtphonc to amrige forreux-n(A tne ongm-w docurillmits W its. THE FOLLOWING L' OF -,.P.-AtGES 'Not in-W.Hpwt. ACKNOWLEDGEMENTOF RECALIPT s'.)FTiflAs 'FRI.A.-N, IS, �Vfi I's s foN Is Is IN01, LA, j ACKNOWLEDGE'I'ALNTOR .1 N" QUIP, 1ES' CAN BE MA -DE BY: 1 , Telepbone: (611 7 ") 367 -9 ' , 00 - I cl C, I OR "611 -0886 TME IRAN' S.MMI'D DATE TRANSMMIED CLIENT M,,.Yk17ER NO. C & M B 0 Fto," f, �,!Izvl " ,, velllo I\C� BOARD OF HEALTH Jillian K. Aylward C/O Craig & MacAuley 600 Atlantic Avenue Boston, MA 02210 Dear Ms. Aylward: 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 Ext23 April 6, 1995 A recent inspection on March 31, 1995 by personnel of the North Andover Board of Health and Conservation Commission of a site on Route 114 near Jefferson Office Park found a large amount of illegally dumped building debris. This debris included asphalt roof shingles, doors, lumber, concrete, roofing tar, fiberglas insulation, automobile and bicycle tires, sheet rock, doors, cinder blocks and other miscellaneous items. Upon calling the owner, Mr. Benjamin Osgood, Sr. we were directed to send this letter to you as owner/receiver of this property. Please be advised that it is a violation of 105 CMR 410.602(A) and M.G.L. 111, Section 150A to dispose of solid waste in an unapproved site. This site must be cleared of all debris, disposed of in an acceptable landfill and a locked gate installed to prevent further dumping at the site within thirty (30) days of receipt of this letter. If you have any questions, please do not hesitate to call the Board of Health office at 508-688-9540 between 8:30 and 4:30 Monday through Friday. Sincerely, Sandra Starr, R.S. Health Administrator cc: Ken Mahoney, Dir. CD & S B. Osgood, Sr. M. Howard, NRP BOH File f,er1 rye i � tt '1�:a.Fvnysfup.7Mgparp.uncr.�pvaa.✓ea+•n i � - � h I\ � I � Te 1-) 6.7- APR 2 0 1995 CRAIG AND MACAULEY PROFESSIONAL CORPORATION COUNSELLORS AT LAW Sandra Starr, R.S. Health Administrator Board of Health 120 Main Street North Andover, MA 01845 FEDERAL RESERVE PLAZA 600 ATLANTIC AVENUE SON, MASSACHUSETTS 02210 TELEPHONE (617) 367-9500 TELECOPI ER (617) 742-17 8 8 April 19, 1995 Re: Property on Rte. 114 near Jefferson Office Park Dear Ms. Starr: This firm represents Jillian K. Aylward, Chapter 7 Trustee of the bankruptcy estate of Benjamin C. Osgood ("Estate"). As I mentioned to you when we spoke last Friday, April 14, 1995, the Trustee requires more information concerning the property mentioned in your letter of April 6, 1995 before she can determine if the Estate has an interest in the property. We would therefore appreciate any information that you could provide concerning the location of the property in question and the record owner of the property. Please call me with any questions. S' cerely, tn, Peter J. Roberts PJR:nel:3312Z cc: Jillian Kindlund Aylward, Esq. William R. Moorman, Jr., Esq. UNITED STATES POSTAL SERVICE Official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE, $300 Print your name, address and ZIP Code here N. Ate NNFI R BOARD OF HEALTH 1KMAASIR IFT 14. ANOVER, MA. 01845 SENDER: • Complete items 1 and/or 2 for additional services. • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address • Write "Return Receipt Requested" on the mailpiece below the article number. 2 ❑ Restricted Delivery • The Return Receipt will show to whom the article was delivered and the date delivered. I Consult postmaster for fee. -a 3. Article Addressed to: a EJilliar4 K. Aylward 0 C/O Craig & MacAuley CO) 600 Atlantic Ave. LU Boston, MA 02210 O Q 5. Signat a (AddreE H 6. Signature (Agent) 0 4a. Article Number Z 115 794 517 4b. Service Type ❑ Registered ❑ Insured R7 Certified �� R r •ttcr El Mail a urn M"J M, s 7. Date of Deli 8. Addressee's d and fee is pal us ?,4 171 c for 3 —0 4. 3 0 �sted Y C ro X H y PS Form 3811, December 1991 *U.S.GPO: 1993-352-714 DOMESTIC RETURN RECEIPT