HomeMy WebLinkAboutMiscellaneous - 810-812 Salem Street (5)Date . I/. 7' Z. .
TOWN OF NORTH ANDOVER
PERMIT FOR WIRING
This certifies that ....... ...........
..�� T................. .
has permission to perform ..... 445&-.A4 -. 7 ...............
wiring in the building of ......��t� ..................... .
at ... $ Sf.... S......... , North Andover, Mass.
Fee����.. Lic. No.. o? �?Zr�
ELECTRICAL INSP, TOR
Check 2-1 -
112 0 2
' Commonwealg o f ka6sackuse Official Usk my
c�
�lJe� / `-- 6
Parfinent o�,}c7 ir¢ �ervice� Permit No.
z.
BOARD OF FIRE PREVENTION REGULATIONS Occup
Ip07cy and Fee f Checked
(leave blank)
APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK
All work to be performed in accordance with the Massachusetts Electrical CodeC), 527 CMR 12.00
(PLEASE PRINT IN INK OR TYPE ALL INFOR TION) Date: //760/,2r
City or Town of: To the Inspector of Wires:
By this application the undersigned gives.notice of his or her intention to perform the electrical work described below.
Location (Street & Number)__ a /0
Owner or Tenant -6 J
Owner's Address
a
Telephone No.77•6 %� �- 01dS
Is this permit in conjunction with a building
I /
Purpose of Building
permit? Yes No
❑ (Check Appropriate Box)
d t,l
2 �_
Utility Authorization No.
Existing Service 2-06 Amps olts Overhead L/
Und rd
1; ❑ No. of Meters
New Service Amps
/ Volts Overhead ❑
Undgrd ❑ No. of Meters
Number of Feeders and Ampacity .
Location and Nature of Proposed Electrical Work:
Completion of the ollowin table may be waived b the Ins ector o Wires.
—'INo. of Total
No. of Recessed Luminaires `� No. of Ceil: Susp. (Paddle) Fans
No. of Luminaire Outlets
No. of Hot Tubs
Transformers KVA
Generators KVA
No. of Luminaires
Swimming Pool Above. ❑ In-
❑ o. o mergency �g mg
rnd. rnd.
Batte Units
No. of Receptacle Outlets
No. of Oil Burners
of zones
No. of Switches
No. of Gas Burners
=FIREALARMSNo.
Detection and
No. of Ranges
No. of Air Cond. otal
Initiatin Devices
Tons
No, of Alerting Devices
No. of Waste Disposers
mber Tons KW
=outaml.......................
No. of Self -Contained..<........._............-._..........
No. of Dishwashers
Space/Area Heating KWs
Detection/AlertingDevices
Local E] Municipal ❑ Other
No, of Dryers
No,
Heating Appliances KW
Connection
Security Systems:*
No. of Devices Equivalent
of water
Heaters KW
No. of No, of
or
Data Wiring:
Signs Ballasts
No. of Devices or Equivalent
No. Hydromassage Bathtubs
No. of Motors Total HP
Telecommunications Wiring:
/1 Ti1T �l
No. of Devices or Equivalent
F•
Attach additional detail if desired, or as required by the Inspector of Wires.
Estimated Value of E ectrical Work: 0 (When required by municipal policy.)
Work to Start: !� 6 I _ Inspections to be requested in accordance with MEC Rule 10, and upon completion.
INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless
the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The
undersigned certifies that such cover ge is in force, and has exhibited proof of same to the permit issuing office.
CHECK ONE: INSURANCE BOND ❑ OTHER ❑ (Specify:)
I certify, under the pains and penalties of perjury, that the information. on this application is true and complete.
FIRM NAME;
�",�• LIC. NO.._/,,7
Licensee: ��-wl vi- /l-- �-'ccrk/ signature
(Ifapplicable, enter "exempt t ' in t e license n tuber line.) LIC. NO.: -.d'
p Bus. Tel. No..,
Address: b 9lto (re f, rCs ice?
*d �' i � Alt. Tel. No.: LZ l yl
Per M.G.L.Mc. 147, s. 57-61, security work requires 1artment of Public Safety "S" License: Lic. No.
OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally
required by law. By my signature below, I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent.
Owner/Agent
Signature Telephone No. PERMIT FEE: $
t l,-- V-� Iz P-Vti
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
600 Washington Street
Boston, MA 02111
www.mass.gov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Annlicant Information Please Print LeLyibly
Name (Business/Organization/Individual): 15 60'/
Address: /4 Ce4 /, 41-P /0 N— ,
City/State/Zip:
FJeVu, 11 o 02
Phone #: �?20 � Of .�
Ar�yan employer? Check the appropriate box:
1 a employer with 2
4. ElI am a general contractor and I
employees (full and/or part-time).*
have hired the sub -contractors
2. ❑ I am a sole proprietor or partner-
listed on the attached sheet. t
ship and have no employees
These sub -contractors have
working for me in any capacity.
workers' comp. insurance.
[No workers' comp. insurance
5. ❑ We are a corporation and its
required.]
3. ET
officers have exercised their
I am a homeowner doing all work
right of exemption per MGL
myself. [No workers' comp.
c. 152, § 1(4), and we have no
insurance required.] t
employees. [No workers'
r
comp. insurance required.]
Type of project (required):
6. ❑ New construction
7. ❑ Remodeling
8. ❑ Demolition
9. ❑ Building addition
10. lectrical repairs or additions
11 -EJ Plumbing repairs or additions
12. ❑ Roof repairs
13. ❑ Other
*Any applicant that checks box #f 1 must also fill out the section below showing their workers' compensation policy information.
t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit anew affidavit indicating such.
tContractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information.
l am an employer that isproviding workers' compensation insurance for my employees. Below is thepolicy and job site
information. ,�� /�
Insurance Company Name: / /c, 1 /4
?olicy # or Self -ins. Lic. #: Q T— 11J"6,31 /�, Expiration Date: ! Tl
lob Site Address: (J lo /e�^^ City/State/Zip: 4V,
tttach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date).
ailure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
ine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine
& up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of
nvestigations of the DIA for insurance coverage verification.
do hereby certify under the pains and penalties of perjury that the information provided above is true and correct.
mature:
Date:
a PT_
Official use only. Do not write in this area, to be completed by city or town official.
City or Town:
Permit/License #
Issuing Authority (circle one):
1. Board of Health 2. Building Department 3. City/Town Clerk
6. Other
Contact Person:
4. Electrical Inspector 5. Plumbing Inspector
Phone
Information and Instructions
Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees.
Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire,
express or implied, oral or written."
An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more
of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the
receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the
owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the
dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house
or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer."
MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or
renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any
applicant who has not produced acceptable evidence of compliance with the insurance coverage required."
Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall
enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance
requirements of this chapter have been presented to the contracting authority."
Applicants
Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if
necessary, supply sub-contractor(s) name(s), address(es) and phone number(s) along with their certificate(s) of
insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the
members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have
employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial
Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should
be returned to the city or town that the application for the permit or license is being requested, not the Department of
Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers'
compensation policy, please call the Department at the number listed below. Self-insured companies should enter their
self-insurance license number on the appropriate line.
City or Town Officials
Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom
of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant.
Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant
that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current
policy information (if necessary) and under "Job Site Address" the applicant should write "all locations in (city or
town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the
applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each
year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture
(i.e. a dog license or permit to burn leaves etc.) said person is NOT required to complete this affidavit.
The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions,
please do not hesitate to give us a call.
The Department's address, telephone and fax number:
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
600 Washington Street
Boston, MA 02111
Tel. # 617-727-4900 ext 406 or 1-877-MASSAFE
Fax # 617-727-7749
Revised 5-26-05
www.mass.gov/dia
iV,
N E W E N G L A N D BUILDING & ENGINEERING
CONSULTANTS, LLC.
DESIGNERS • ENGINEERS • BUILDING CODE CONSULTANTS
July 21, 2008
John Carroll Builder & Real Estate Service
1501 Main St., Suite 15
Tewksbury, Mass. 01876
978-851-8451
Reference: Structural Inspection, 810 Salem St, North Andover, Mass.
Dear Mr. Carroll;
Per your request, we inspected the property at the above -referenced address. The purpose of my visit was
to inspect the installation of the LVL beams used in the construction of this project and to verify the overall
structural integrity of the building.
I have reviewed the building plans Drawn by Carol Design Service and the design calculations supplied by
Wood Structures, Inc. for All Microllam, LVL use for this project. (See attached plans and specifications) and
All structural members have been installed properly, and the overall structure is structurally sound and
conforms to the Massachusetts state building code.
If you have any further questions please do not hesitate to call our office.
�N
OF MSS
9c
CHANDER P. yd,
t+tANGIA�*'r
UCIURAL r;
No. 28034
�SK}HALti
400 WEST CUMMINGS PARK • SUITE 1725-121. • WOBURN, MA. 01801
PHONE: 800.433.4410 • FAX: 781.246.3040
E-MAIL: CIMARTINPEP_BldgTech.COM
Attached are TJ -Beam® calculations based upon design information provided by Wood Structures. These
calculations can be identified by the following date and time in the upper left hand corner of each sheet:
DESIGN DATE/TIME
4/10/2008 @ 12:35:35 PM
4/10/2008 @ 12:36:34 PM
DESIGN DATE/TIME
�y 4/10/2008 @ 12:36:07 PM
4/10/2008 @ 12:36:56 PM
The professional engineer's stamp on this letter verifies that the TJ -Beam analyses for the member(s) shown
conform to accepted engineering practice and use code accepted product design values. Each analysis reflects that
the iLevel by Weyerhaeuser products, as shown, have adequate capacity for the loading conditions indicated. The
input has not been produced nor reviewed for completeness or accuracy by a professional engineer.
All notes, figures and design load information shown on these calculations must be reviewed to ensure the design
loads, spans, bearing conditions and deflection criteria are accegptable for the specific application. Also, please
verify that the products installed have the "Silent Floor®", "TJI ", "Microllam® LVL", "Parallam® PSL", or
"Timberstrand LSL" markings to confirm that this letter is valid for the products used.
Please feel free to contact me if there are any questions regarding the analyses.
Sincerely,
r
KathY � J. ou e , P.E.
Structural Fr Engineer
63927
N OF4fgS ._
►cnrW J
STRUCTURAL
S
NO. 40MNAL
i
Northeast Technical Support ♦360 Route 101, Suite 2 ♦ Bedford, NH 03110 ♦ Phone 866-295-2170 ♦ Fax 603-218-6167
o
by Weyerhaeuser
TJ -Bean -0 6.30 Serial Number:
User: 4 4/10/200812:36:56 PM
Page 1 Engine Version: 6.30.14
ATTIC CENTER BEAM
3 Pcs of 13/4" x 91/2" 1.9E Microllam® LVL
THIS PRODUCT MEETS OR EXCEEDS THE SET DESIGN CONTROLS FOR THE
APPLICATION AND LOADS LISTED
Overall Dimension: 23`
Product Diagram is Conceptual,
LOADS:
Analysis is for a Header (Flush Beam) Member. Tributary Load Width: 13'
Primary Load Group - Residential - Living Areas (psf): 30.0 Live at 100 % duration, 10.0 Dead
Vertical Loads:
Type Class Live Dead Location Application Comment
Uniform(psf) Floor(1.00) 30.0 10.0 0 To 10' Adds To
SUPPORTS:
Input Bearing
Vertical Reactions (ibs) Detail Other
Width Length
Live/Dead/Uplift/Total
1 Stud wall 3.50" 2.04"
3498 / 1047 / 0 / 4546 Al: Blocking 1 Ply 13/4" x 9 1/2" 1.9E Microilam& LVL
2 Stud wall 3.50" 4.82"
7923 / 2840 / 0 / 10763 63 None
3 Stud wall 3.50" 1.50"
2237 / 720 / 0 / 2956 A1: Blocking 1 Ply 1 3/4"x 9 1/2" 1.9E MicrollarrO LVL
-See iLevel® Specifier's/Builder's Guide for detail(s): Al: Blocking,133
-Bearing length requirement exceeds input
at support(s) 2. Supplemental hardware is required to satisfy bearing requirements.
DESIGN CONTROLS:
Maximum
Design Control Result Location
Shear (lbs) -6306
-5318 9476 Passed (56%) Rt. end Span 1 under Floor loading
Moment (Ft -Lbs) -11720
-11720 17662 Passed (66%) MID Span 2 under Floor loading
Live Load Defl (in)
0.247 0.325 Passed (0633) MID Span 2 under Floor ALTERNATE span loading
Total Load Defl (in)
0.302 0.650 Passed (U516) MID Span 2 under Floor ALTERNATE span loading
-Deflection Criteria: STANDARD(LL:U480,TL:L/240).
-Bracing(Lu): All compression edges (top and bottom) must be braced at 19'9" o/c unless detailed otherwise. Proper attachment and positioning of lateral bracing is required to achieve member stability.
-The load conditions considered in this design analysis include alternate member pattern loading.
ADDITIONAL NOTES:
-IMPORTANT! The analysis presented is output from software developed by iLevel®. Allowable product values shown are in accordance with current iLevel® materials and code accepted design values.
iLevel® Engineering has verified the analysis. The input loads and dimensions have been provided by others and must be verified and approved for the
specific application by the design professional for the project.
-THIS ANALYSIS FOR iLevel® PRODUCTS ONLY! PRODUCT SUBSTITUTION VOIDS THIS ANALYSIS.
-Allowable Stress Design methodology was used for Building Code IBC analyzing the iLevel® Distribution product listed above.
-Note: See iLevel® Specifier's/Builder's Guide for multiple ply connection.
PROJECT INFORMATION:
JOHN CARROLL BUILDER
SITE=LOT #1 SALEM ST.
NORTH ANDOVER, MA
OPERATOR INFORMATION:
iLevel by Weyerhaeuser
Phone: 603-472-6730
Fax :603.472-6733
Copyright ® 2007 by iLevela, Pederal Way, wA.
MicrollamO is a registered trademark of iLevel°.
D:\Documents and Settings\dionnek\Desktop\63927\JACKSON+LMBR+4-8-8+BEAM+ATTIC+CENTER.sms
I
0—M-0
by Weyerhaeuser
TJ -Beam 6.30 Serial Number:
User: 4 4/10/2008 12:36:34 PM
Page 1 Engine Version: 6.30.14
3 Pcs of 13/4" x 9 1/2" 1.9E Microllam® LVL
THIS PRODUCT MEETS OR EXCEEDS THE SET DESIGN CONTROLS FOR THE
APPLICATION AND LOADS LISTED
b
-9.10.1
Overall Dimension: 23'
131, 2"
Product Diagram is Conceptual,
LOADS:
Analysis is for a Header (Flush Beam) Member. Tributary Load Width: 13'
Primary Load Group - Residential - Living Areas (psf): 30.0 Live at 100 % duration, 10.0 Dead
Vertical Loads:
Type Class Live Dead Location Application Comment
Uniform(psf) Floor(1.00) 30.0 10.0 0 To 10' Adds To
SUPPORTS:
Input Bearing Vertical Reactions (lbs)
Width Length Live/Dead/UpliftfTotal
1 Stud wall 3.50" 2.04" 3498 / 1047 / 0 / 4546
2 Stud wall 3.50" 4.82" 7923 / 2840 / 0 / 10763
3 Stud wall 3.50" 1.50" 2237 / 720 / 0 / 2956
Detail Other
Al: Blocking 1 Ply 1 3/4" x 9 1/2" 1.9E Microllam® LVL
B3 None
Al: Blocking 1 Ply 1 3/4" x 9 1/2" 1.9E Microllam LVL
-See iLevel® Specifiers/Builder's Guide for detail(s): A1: Blocking,63
-Bearing length requirement exceeds input at support(s) 2. Supplemental hardware is required to satisfy bearing requirements.
DESIGN CONTROLS:
Maximum
Design
Control
Result
Location
Shear (Ibs) -6306
-5318
9476
Passed (56%)
Rt, end Span 1 under Floor loading
Moment (Ft -Lbs) -11720
-11720
17662
Passed (66%)
MID Span 2 under Floor loading
Live Load Defl (in)
0.247
0.325
Passed (0633)
MID Span 2 under Floor ALTERNATE span loading
Total Load Defl (in)
0.302
0.650
Passed (U516)
MID Span 2 under Floor ALTERNATE span loading
-Deflection Criteria: STANDARD(LL:U480,TL:U240).
-Bracing(Lu): All compression edges (top and bottom) must be braced at 19'9" o/c unless detailed otherwise. Proper attachment and positioning of lateral bracing is required to achieve member stability.
-The load conditions considered in this design analysis include alternate member pattern loading.
ADDITIONAL NOTES:
-IMPORTANT! The analysis presented is output from software developed by iLevel®. Allowable product values s0own are in accordance w th urrent iLevel® materials and code accepted design values.
iLevel® Engineering has verified the analysis. The input loads and dimensions have been provided by others ( I J aN %J S i t�dG i1 1 and must be verified and approved for the
specific application by the design professional for the project.
-THIS ANALYSIS FOR iLevel® PRODUCTS ONLY! PRODUCT SUBSTITUTION VOIDS THIS ANALYSIS.
-Allowable Stress Design methodology was used for Building Code IBC analyzing the iLevel® Distribution product listed above.
-Note: See iLevel® Specifier'sBuiider's Guide for multiple ply connection.
PROJECT INFORMATION:
JOHN CARROLL BUILDER
SITE=LOT #1 SALEM ST.
NORTH ANDOVER, MA
Copyright 9 2007 by iLevel®, Federal way, NA.
Microllam° is a registered trademark of iLevel®.
D:\Documents and Settings\dionnek\Desktop\63927\JACKSON+LMBR+4-8-8+BEAM+3.SMS
OPERATOR INFORMATION:
iLevel by Weyerhaeuser
Phone 603-472-6730
Fax :603-472.6733
by Weyerhaeuser
TJ -Beano 6.30 Serial Number:
User: 4 4/10/2008 12:36:07 PM
Page 1 Engine Version: 6.30.14
BEAM #2
4 Pcs of 13/4" x 91/4" 1.9E Microllam® LVL
THIS PRODUCT MEETS OR EXCEEDS THE SET DESIGN CONTROLS FOR THE
APPLICATION AND LOADS LISTED
I --P;
L
® o
b 13' 311i' A
Product Diagram is Conceptual.
LOADS:
Analysis is for a Header (Flush Beam) Member. Tributary Load Width: 13'
Primary Load Group - Residential - Living Areas (pso: 30.0 Live at 100 % duration, 12.0 Dead
SUPPORTS:
Input Bearing
Vertical Reactions (lbs) Detail
Other
Width Length
Live/Dead/UpliftlTotal
1 Stud wall 3.50" 1.50"
2592 / 1156 / 0 / 3747 Al: Blocking 1 Ply 1 3/4" x 9 1/4" 1.9E MicrollamS LVL
2 Stud wall 3.50" 1.50"
2592 / 1156 / 0 / 3747 Al: Blocking 1 Ply 1 3/4"x 91/4" 1.9E Microllarr@ LVL
-See iLevel® Specifier's/Builder's Guide for detail(s): Al: Blocking
DESIGN CONTROLS:
Maximum
Design Control Result
Location
Shear (lbs) 3653
-3148 12303 Passed (26%)
Rt. end Span 1 under Floor loading
Moment (Ft -Lbs) 11836
11836 22408 Passed (53%)
MID Span 1 under Floor loading
Live Load Deft (in)
0.297 0.324 Passed (U523)
MID Span 1 under Floor loading
Total Load Defl (in)
0.430 0.648 Passed (U362)
MID Span 1 under Floor loading
-Deflection Criteria: STANDARD(LL:U480.TL:L/240).
-Bracing(Lu): All compression edges (top and bottom) must be braced at 13' 4" o/c unless detailed otherwise. Proper attachment and positioning of lateral bracing is required to achieve member stability.
ADDITIONAL NOTES:
-IMPORTANT! The analysis presented is output from software developed by iLevel®. Allowable product values s own are in accordance With current iLevel® materials and code accepted design values.
iLevel® Engineering has verified the analysis. The input loads and dimensions have been provided by others ( u }.%IZ> 3t ill LrGJ ) and must be verified and approved for the
specific application by the design professional for the project.
-THIS ANALYSIS FOR iLevel® PRODUCTS ONLY! PRODUCT SUBSTITUTION VOIDS THIS ANALYSIS.
-Allowable Stress Design methodology was used for Building Code IBC analyzing the iLevel® Distribution product listed above.
-Note: See iLevel® Specifier's/Builder's Guide for multiple ply connection.
PROJECT INFORMATION:
JOHN CARROLL BUILDER
SITE=LOT #1 SALEM ST.
NORTH ANDOVER, MA
Copyright ° 2007 by iLevela, Federal Nay, WA.
Microllamm is a registered trademark of iLevel®-
D:\Documents and Settings\dionnek\Desktop\63927\JACKSON+LMBR+4-8-8+BEAM+2.Sm8
OPERATOR INFORMATION:
iLevel by Weyerhaeuser
Phone: 603-472-6730
Fax :603-472-6733
A� . M*
by Weyerhaeuser
TJ -Beam® 6.30 Serial Number:
User. 4 4/10/2008 12:35:35 PM
Page 1 Engine Version: 6.30.14
BEAM #1
2 Pcs of 13/4" x 91/2" 1.9E Microllam® LVL
THIS PRODUCT MEETS OR EXCEEDS THE SET DESIGN CONTROLS FOR THE
APPLICATION AND LOADS LISTED
Overall Dimension: 20'8"
n n
b
10'4" b 18, 4.. '
Product Diagram is Conceptual.
LOADS:
Analysis is for a Header (Flush Beam) Member. Tributary Load Width: 1'4"
Primary Load Group - Residential - Living
Areas (psf): 30.0 Live at 100 % duration,
12.0 Dead
Vertical Loads:
Type Class Live
Dead Location
Application Comment
Uniform(plf) Floor(1.00) 0.0
80.0 0 To 20'8"
Adds To WALL
Tapered(plf) Floor(1.00) 0.0 To 0.0 0.0 To 80.0 0 To 10'4"
Adds To GABLE END
Tapered(plf) Floor(1.00) 0.0 To 0.0 80.0 To 0.0 10'4" To 20'8"
Adds To GABLE END
Uniform(plf) Snow(1.15) 40.0
15.0 0 To 20'8"
Adds To ROOF
SUPPORTS:
Input Bearing
Vertical Reactions (Ibs) Detail
Other
Width Length
Live/Dead/UplifVTotal
1 Stud wall 3.50" 1.50"
356 / 563 /0 / 920 Al: Blocking 1 Ply 13/4" x 9 112" 1.9E Microllam& LVL
2 Stud wall 3.50" 2.15"
1017 / 2184 / 0 / 3201 83
None
3 Stud wall 3.50" 1.50"
356 / 563 / 0 / 920 Al: Blocking 1 Ply 13/4" x 91/2" 1.9E Microllam& LVL
-See iLevel® Specifier's/Builder's Guide
for detail(s): A1: Blocking,B3
DESIGN CONTROLS:
Maximum
Design Control Result
Location
Shear (lbs) 1600
1341 7265 Passed (18%)
Lt. end Span 2 under Snow loading
Moment (Ft -Lbs) -3145
-3145 13541 Passed (23%)
Bearing 2 under Snow loading
Live Load Dell (in)
0.028 0.254 Passed (U999+)
MID Span 1 under Snow ALTERNATE span loading
Total Load Deft (in)
0.065 0.508 Passed (U999+)
MID Span 1 under Snow ALTERNATE span loading
-Deflection Criteria: STANDARD(LL:U480,TL:U240).
-Bracing(Lu): All compression edges (top and bottom) must be braced at 20' 8" o/c unless detailed otherwise. Proper attachment and positioning of lateral bracing is required to achieve member stability.
-The load conditions considered in this design analysis include alternate member pattern loading.
ADDITIONAL NOTES:
-IMPORTANT! The analysis presented is output from software developed by iLevel®. Allowable product values shown are in accordance with current iLevel® materials and code accepted design values.
iLevel® Engineering has verified the analysis. The input loads and dimensions have been provided by others( 11rVDi�$ �y� TL's ,j ) and must be verified and approved for the
specific application by the design professional for the project.
-THIS ANALYSIS FOR iLevel® PRODUCTS ONLY! PRODUCT SUBSTITUTION VOIDS THIS ANALYSIS.
-Allowable Stress Design methodology was used for Building Code IBC analyzing the iLevel® Distribution product listed above.
-Note: See iLevel® Specifier's/Builder's Guide for multiple ply connection.
PROJECT INFORMATION:
JOHN CARROLL B
CSITE=LOT #1
NORTH SALEM ST.
ANDOVER, MA
Copyright C 2007 by iLevela, Federal Way, WA.
Microllam° is a registered trademark of iLevel°.
D:\Documents and Settings\dionnek\Desktop\63927\JACKSON+LMBR+4-8-8+BEAM+l.sms
OPERATOR INFORMATION:
iLevel by Weyerhaeuser
Phone: 603.472-6730
Fax :603-472-6733
JUII 18 08 08:31a John Carroll
V -
978-858-0213 P.1
.1
§i
Jul 18 08 08:31a
John Carroll
978-858-0213
m
p.2
Jul 18 08 08:31a John Carroll
Men,
0
978-858-0213
10' 10' 710'
/8'
- BoNon o/ /lve! as//fvoJ/�' IO `Gv/an�Uda (nbJ
- - .-......... r
dp' BO' dD' 6b'
x O'
p•3
, ., .;
9'x 7'4su3'sDc�-
9'x i'Gsaga►Oca-
�
;
; •'. i
I �
r
�
,
i
,
�
r
'
i
r
'
i ;
;
t
�jjI
,
O
11
0
;
r
,
;
,
Pf . . .
rrrrTTI
r
5
,11 I I
�
q
,a
Sw ma
�•
d
�a
sa�
`
�
'.t:
'
y I ,
In
k,
L.------•
Al
lb'x /1'
..............•-•------. --------
-------------------
,
i!/An fs�rof%
- - .-......... r
dp' BO' dD' 6b'
x O'
p•3
Jul 18 08 08:32a John Carroll
a0'
oQ��a
978-858-0213
q `p I r� I'/al//'iciu+d � a Q•
p.4
r
•Jul 18 08 08:32a John Carroll 978-858-0213 p.5
Jul 18 08 08:32a
John Carroll
978-858-0213
in
0
p.6
Jdl 18 08 08:32a John Carroll
978-858-0213 p.7
in
Jul 18 08 08:32a John Carroll
h
e
O
978-858-0213 p.8
--
r
ao'
moo'
Gpu3e Poor Megarbe/oa
G�+ys Poa /xrdder h I"
Jul 18 08 08:33a John Carroll
010,
978-858-0213 p.9
in
Jot 18 08 08:33a John Carroll 978-858-0213 p.10
4
Jul 18 08 08:33a John Carroll
978-858-0213 p.11
[neu
jal 18 08 08:33a John Carroll
rg
978-858-0213
t t>.
4 4
jj
b
h
h
y�$
Q
A-
dRbm7 ®9'/1 QRhea A6'/ -J liRben ge'/-1
rg
978-858-0213
H e vi' (A
l
r
D3 - N
p.12
4 4
n
�
b
h
h
H e vi' (A
l
r
D3 - N
p.12
n
�
4
H e vi' (A
l
r
D3 - N
p.12
4
Sul 18 08 08:33a John Carroll
VV
r� 'yR
�C
I
1
978-858-0213
A
mi
N T4s �
MA
Nit ti
& t
p.13
mi
N T4s �
MA
Nit ti
& t
p.13
Date.
NDOVER
TOWN OF NOR
Ty H
PERMIfF6R PLUMBING
SSACHUS
This certifies that ... ..........................
has permission to perform .....
plumbing in the buildings of
..........................
at .... ...................... I North Andover, Mass.
7t�
PLUMBING INSPECTOR
Check#
7720
MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING
(Type or print)
NORTH ANDOVER, MASSACHUSETTS
Date
Building Location �' So.exn S f Owners Name Permit # 7 La
Amount A�(l Z. r
Type of Occupancy
New �' Renovation r Replacement ' E Plans Submitted Yes No
FIXTURES
(Print or type) t Check one: Certificate
Installing Company Name 13 z 7 try rn 1-j ' j rJ q u �� i fi gElCorp.
Address (� O C ST 1:1
Partner.
CLAW M � � 1
Business Telephone -1-13- 3 cl(o $ a Firm/Co.
Name of Licensed Plumber. <79t?- t rQ 11� ZA. -(St ",/
Insurance Coverage: Indicate the type of insurance coverage by checking the appropriate box:
Liability insurance policy Other type of indemnity ❑ Bond ❑
Insurance Waiver: I, the undersigned, have been made aware that the licensee of this application does not have any one of the above
three insurance
Signature Owner ❑ Agent ❑
I hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the
best of my knowledge and that all plumbing work and installations performed under Permit Issued for this application will be in
compliance with all pertinent provisions of the Massachusetts S umj u6Code and Chapter 142 of the General Laws.
IBy:
(APPROVED (OFFICE USE ONLY
TypeZ`
e of Plumbing License
Li im t
lNumDer MasterElJourneyman j�nO
Date .. ......... .
,,0RTPf
SRI
TOWN OF NORTH OVER
PERMIT FOR GA3'INSTALLATION
This certifies that ......:2.... r °'`. r'�
has permission for gas installation.`^.. (4!. ..............
in the buildings of .... A. A. ......................
at ....c� .G. '.. S. C� .�- .... , Norah \Andover, Mass.
A ( 1
Fee.. fav .. Lic. No..
AS INSPECTOR
Check # 7 f
WIR
MASSACHUSETTS UNIFORM APPUCATON FOR PERW TO DO GAS FITTING
(Type or print) Date ,� 3
NORTH ANDOVER, MASSACHUSETTS
Building Locations
Owner's Name
New Renovation ❑ Replacement ❑ Plans Submitted ❑
Permit # Ci(` 4
Amount $
(Print or type)` • Check one: Certificate Installing Company
Name L•3
. b� g �0 1 Corp.
L rJ Q , y ❑
Address s S-" �YL11�tti>� PAA (3-r&Z.0 ❑ Partner.
Business Telephone
9-7 g - a — ot` ❑ Firm/Co.
Name of Licensed PlumberorGas Fitter T --21,a i xr- l
INSURANCE COVERAGE Check one:
I have'a current liability Insurance policy or it's substantial equivalent. Yes [a No❑
If you have checked Yes, please indicate the type coverage by checking the appropriate box.
Liability insurance policy M Other type of indemnity 13Bond13
Owner's Insurance Waiver: I,am aware that the licensee does_ not have the Insurance coverage required by Chapter 142 of the
Mass. General Laws, and that my signature on this permit application waives this requirement.
Check one:
Signature of Owner or Owner's Agent Owner ❑ Agent ❑
t hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the
best of my knowledge and that all plumbing work and installations performed under Permit Issued for this application will be in
compliance with all pertinent provisions of the Massachusetts State Gas Code and Chapter 142 of the General Laws.
(City/Town:.
D (OFFICE USE ONLY)
Signature of.
❑ Plumber
❑ Gas Fitter
aMaster
Journeyman
sed Plumber Or Gas Fitter
10- c)Li 9-61
(cense Number
-a
FO
U
F
x
9
O
W
w
O
U
Z
C
H
a
C
U
w
x
z
O
FF
v,
a.
O
C
d
W
Q
W
`n
.zr
d
7:
a
a
W
oG
w
C
Er
x
C
w
c
a
Z
c>
N
z
c
z
W
o
rA
x
x
'o
x
3
c
°a
>
c
a
SU B-BASEM ENT
U
F
o
BASEMENT
1ST. FLOOR
2ND. FLOOR
3RD. FLOOR
4TH. FLOOR
5TH. FLOOR
6TH. FLOOR
7TH. FLOOR
STH. FLOOR
(Print or type)` • Check one: Certificate Installing Company
Name L•3
. b� g �0 1 Corp.
L rJ Q , y ❑
Address s S-" �YL11�tti>� PAA (3-r&Z.0 ❑ Partner.
Business Telephone
9-7 g - a — ot` ❑ Firm/Co.
Name of Licensed PlumberorGas Fitter T --21,a i xr- l
INSURANCE COVERAGE Check one:
I have'a current liability Insurance policy or it's substantial equivalent. Yes [a No❑
If you have checked Yes, please indicate the type coverage by checking the appropriate box.
Liability insurance policy M Other type of indemnity 13Bond13
Owner's Insurance Waiver: I,am aware that the licensee does_ not have the Insurance coverage required by Chapter 142 of the
Mass. General Laws, and that my signature on this permit application waives this requirement.
Check one:
Signature of Owner or Owner's Agent Owner ❑ Agent ❑
t hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the
best of my knowledge and that all plumbing work and installations performed under Permit Issued for this application will be in
compliance with all pertinent provisions of the Massachusetts State Gas Code and Chapter 142 of the General Laws.
(City/Town:.
D (OFFICE USE ONLY)
Signature of.
❑ Plumber
❑ Gas Fitter
aMaster
Journeyman
sed Plumber Or Gas Fitter
10- c)Li 9-61
(cense Number
Date... .-��.."..�7.- 4�?.....
t NORTH 1
TOWN OF NORTH ANDOVER
= PERMIT FOR WIRING
This certifies that .............. L ......�''G r. C` e
....................
has permission to perform .........`SelG�......... Rt
wiring in the building of .........................................................C�
.....
,,_'at SA ill LLE S, ....... North Andover, Mass.
....�.... off......... ...9%'33 � ..........�-�.
5
Fee .. Lic. No.... .....................
/ ELECTRICAL INSPECTOR
Check # ` D g�
91 SA
a�
Commonwealth of Massachusetts official use Only
-
Permit No.
Department of Fire Services
-= Occupancy and Fee Checked
BOARD OF FIRE PREVENTION REGULATIONS Rev. 1/07 leave blank)
APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK
All work to be performed in accordance with the Massachusetts Electrical Code (,NIEC), 527 CMR 12.00
(PLEASE PRINT IN INK OR TYPE ALL INFORMATION_) Date: ` y — 2v
City or Town of: NORTH ANDOVER To the Inspector of Wires:
By this application the undersigned gives notice of his or her intention to perform the electrical work described below.
Location (Street & Number) 5-f V, ' //c S'
11
Owner or Tenant ��Z /7' 2 /� e y0 _ Telephone No.
Owner's Address
Is this permit in conjunction with a building permit?
Purpose of Building
Existing Service Amps / Volts
New Service Amps / Volts
Number of Feeders and Ampacity
Location and Nature of Proposed Electrical Work:
Yes ❑ No Check Appropriate Box)
Utility Authorization No.
Overhead ❑ Undgrd ❑ No. of Meters
Overhead ❑ Undgrd ❑ No. of Meters
le-
COrttbletion of the 01mving tnhh, mmi tin u! iu,d h„ /%v Lr/ir
No. of Recessed Luminaires
No. of Ceil.-Susp. (Paddle) Fans
o ota
Tr
ransformers KVA
No. of Luminaire Outlets
No. of Hot Tubs
Generators KVA
No. of Luminaires
Swimming Pool ove ❑ n- ❑
No. of Emergency Lighting
rnd. grnd.
Battery Units
No. of Receptacle Outlets
No. of Oil Burners
FIRE ALARMS TNo. of Zones
No. of Switches
No. of Gas Burners
o. o Detection an
Initiating Devices
No. of Ranges
No. of Air Cond. TotalNo.
Tonsnsg
of Alerting Devices
No. of Waste Disposers
eat ump
umber
rousF
KW
1 o. oSelf--Contained
Totals:
Detection/Alerting Devices
No. of Dishwashers
Space/Area Heating KW
Local ❑ ry umctpa (IOther
Connection
No. of Dryers
Heating Appliances KW
Security Systems:
No, of Devices or E uivalent
� o. o Water Kit
Heaters
� o. o o- o
Signs Ballasts
Data Wiring:
No. of Devices or Equivalent
No. Hydromassage Bathtubs
No. of Motors Total HP
Telecommunications rang:
No. of Devices or Equivalent
OTHER:
o_
OWNER'S INSURANCE. WAIVER: I am aware that the Licensee dues trot have the liability insurance coverage normally
required by law. By my signature below, I hereby waive this requirement. t am the (check one) E]owner Elo%vncr's agent.
Owner/Agent
Sianature Tele hone No PERMIT FEE.• S
Attach additional detail il•desired, or as required by lite hupector of i3'ires.
Estimated Value of Electrical Work- (When required by municipal policy.)
Work to Start: % "2a. ,p?nspections to be requested in accordance with MEC Rule 10, and upon completion.
INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless
the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The
undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office.
CHECK ONE: INSURANCE OND ❑ OTHER ❑ (Specify:)
/ certify, under the pains and penalties of perjury, that the information on this application is true and complete.
FIRM NAME: /% S LIC. NO.:gy 3 3
Licensee: u / Signature. , LIC. N-- 4,
O.: / 3 3
(I% attltliruble, rr� rr "c.e'c:nrpt✓ rt the lieensc> rtuntber litre.] c Bus. Tel. N.: .P- _ -- <�
Address: 5
-5 /_ J��_ /2,1� � X.
Fr Alt. Tel. No.:
*Per M.G. L c. 147, s. 57-6 1, security work requires Departm ' of Public Safety "S" License: Lic. No -
n
p
0
I
N
/
00
K)
N
r
11.1
U)
0
CBA & UPLAND
= 18,750 S.F. AS PER
VARIANCE GRANTED 12/18/2007
AND RECORDED 01/23/2008,
E.S.D.R.D.
ATn T T Q
1. PROPERTY LINES FROM EXISTING PLANS AND RECORDS.
SEE TOWN OF NORTH ANDOVER ASSESSORS MAP #65 LOT #15
AND DEED BOOK #1046 PAGE #89 E.N.D.R.D.
2. ZONE DISTRICT IS R3
" I HEREBY CERTIFY THAT THE FOUNDATION
IS LOCATED ON THE LOT AS SHOWN."
NEw En,��gN N/F
OpO�ERC
04"o n�
PLAN OF LAND
IN
NORTH ANDOVER, MASSACHUSETTS
DRAWN FOR
JOHN CARROLL
1501 MAIN STREET -UNIT 15
TEWKSBURY, MASSACHUSETTS 01876
SCALE: 1"=80'
DATE: APRIL 23, 2008
4/23/2008 MERRIMACK ENGINEERING SERVICES
66 PARK STREET
DATE ANDOVER, MASSACHUSETTS 01810
NORTH ANDOVER
HISTORICAL COMMISSION
February 13, 2008
TO: Mr. Gerry Brown, Building Inspector, North Andover, MA
FROM: North Andover Historical Commission
RE: Chapter 82 - Demolition Delay
Application for Demolition filed by Mr. John Carroll, 1501 Main Street,
Suite 15, Tewksbury, Massachusetts
In accordance with the provisions of Chapter 82 -Demolition Delay
this written notification is being sent to Mr. Gerry Brown, Building
Inspector and Mr. John Carroll, applicant.
On February 11, 2008, after an on-site visit of the property located at
810-812 Salem Street, the North Andover Historical Commission
determined that the property buildings, consisting of barn, sheds, and
farmhouse, are not significant.
Although the structures on the property date back to more than one
hundred years almost no architectural elements from the earlier periods
remain in the existing structures. The most historical aspect of the
property is the rural landscape including the stone walls. The
Commission recommends that future development plans will make an
effort to retain the stone walls.
Linda Tremblay Vice -Chairman
North Andover Historical Commission
Date ..Z—/J . ..e.eV.
......
TOWN OF NORTH ANDOVER.
PERMIT FOR WIRING
...............................
This certifies that ...... .......
has permission to perform-..
................................. I ........
................
wiring in the building of ....... f!�� . ...................................................
�14
at ...
-9 .............
Lic. No ......... ............... z2 North Andover, -Mass.
S Fee. ELECTRICAL:QEJCT�
Check #
Qf) 0 4
IN
APPLICATION FOR PERMIT TO PCKrUKIvi Ct.cv I rsAw-OM- vvvnn
-Ali work to be performed in accordanewwith the Massachusetts Electrica;Codqol 527 CMR 12A0 L�(PLEASE PRINT IN IN. K OR TYP A L NFORMA�"ION) Date:0City or Town of: � 601(et To thof Wires:
B this a h ation the undersigned gives notice of his or her intention to perform the electrical work described below.
Y rr
Location (Street & Number)
Owner *or Tenant
Owner's Address l5�/
16
Telephone No,
la this permit In conjunction /withh a building permit? Yes a 7 No F1 (Check Appropriate Box)
Purpose of Building �eSfa�/�� Utility Authorization No. %qy7
Existing Service Amps ! Volts
New Service 4�00 Amps 01 °aVolts
Number of Feeders and Ampaelty
Location and Nature of Proposed Electrical Work:
of Recessed Luminaires f j�
of Luminaire Outlets
of Luminaires c2 0
of Receptacle Outlets
of Switches 3
i, of Ranges
i. of Waste Disposers
�. of,Dishwashers %
s, of Dryers . � (SAS
a, o RW KW
Hydromassage Bathtubs
Overhead ❑ Undgrd ❑ No. of Meters
Overhead 9�Undgrd ❑ No. of Meters
of Cell.-Susp. (Paddle) Fans /
of Hot Tubs
Abo
mining Pool ernd e ❑ Prud. ❑
of Oil Burners
of Gas Burners
,•of Air Cond.r Tnnsotal NX
.✓
iacelArea Heating KW
eating Appliances KW
o. o, o
' Signs Ballasts
!o. of Motors Total HP
OTHER: -ooc Raj/ —1V / TCde
,nwp ,»m, be waived by the lnsnector of Wires.
Bretons KVA
mergency g ng
cry nits
E ALARMS No, of Zones
of Dete-clTo—nand
Initlatine Devices
of Alerting Devices
o e _ on a ne
ection/Alertin Device____ s „_
ff qn.c IT,
❑ Other
ai� l�a�rihnalfen
Attach additional detail (I'destrea, or as reguircu vy ,„C,rruY,.,... , • • •• ---
Estimated Value of pleczl Work: -fla, M, °O (When required by municipal policy.)
Work to start: & ,70?cb7 Inspections to be iequested in accordance with MEC Rule 10, and upon completion.
INSURANCE VERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless
C
the licensee proyides pioof of liability insurance including "completed operation” coverage or its substantial equivalent, The
undersigned certifies that such cove a is in force, and has exhibited proof of same to the permit issuing office. G�s��'
CHECK ONE INSURANCE (BOND ❑ OTHER ❑ (Specify:) l�rtA1Z,, 15.04. — G treyy, 7.� .
'under the alas and et Ifies of perjury, that the informdtion. on this applleadon is true find e'ontplete,
I certiy, P P Li C. NO.:l4�_
FiRM NAME: 1a3�� _ 8
Signature % LIC. NO.:
Licensee: ,,,rel ��1/ ---- z?ov-2W
Bus. Tei, No:
(jlapplicable, enter "exempt" in the license number line) a/47G Alt. Tel. No.: 97 -t;3f3
Address: ec Tewlrsb apt
*Per M.G.L: c, 147, s. 57-61, security work requires Department of Public Safety "S" License: Lia No. •
OWNER'S INSURANCE WAIVtR:. I am aware that the Licensee does not have the liability insurance coverage normally
required by law. Ay my signature below, l hereby waive this requirement. I am the (check one owner
❑ ovtner's a ant.
Owner/Agent
ent Telephone No. PERMIT FEE: $
�7ad
,
URBELIS & FIELDSTEEL, LLP
155 FEDERAL STREET
BOSTON, MASSACHUSETTS 02110-1727
THOMAS J. URBELIS
e-mail tju@uf-law.com
Gerald Brown
Inspector of Buildings
Town of North Andover
1600 Osgood Street
North Andover, MA 01845
Re: 810-812 Salem Street
Dear Mr. Brown:
Telephone 617-338-2200
Telecopier 617-338-0122
September 25, 2007
Andover
Telephone 978-475-4552
By letter dated August 29, 2007 and received by my office September 5, 2007, you
requested advice on a response to Attorney Howard Speicher's letter dated May 7, 2007, which
is attached hereto. Attorney Speicher concludes that the North Andover Zoning Bylaw "cannot
be properly construed to include subsequently adopted amendments to either the State Act or the
Wetland Protection Bylaw."
The sole case or statute which is relied upon in the correspondence is Ruby v. Earth Tech
Inc. 62 Mass. Appt. Ct. 1106 (2004), a copy of which was supplied to me by Attorney Speicher
on September 19, 2007 and which is also attached hereto.
The cited case is not dispositive.
The issue in the Ruby case was whether the Plaintiff, who worked on an MBTA project,
was entitled to the payment of prevailing wages. The Court stated that:
"The plaintiff relies initially on G.L. c. 149, §26, which requires that prevailing
wages be paid to identified employees engaged in certain public works projects.
At the time of the bidding on the projects in question (1994 and 1995), §26, as
amended through St. 1967, c. 296, §2, applied to "the employment of mechanics
w:\wp51\work\n-andove\corresp\brown - 812 sale s Ldoc
rllil� L6YJ(�PLi GV. �1�,,'QIM
URBELIS & FIELDSTEEL, LLP
September 25, 2007
Page 2
and apprentices, teamsters, chauffeurs and laborers in the construction of the
public works by the commonwealth, or by a county, town or district, or by persons
contracting or subcontracting for such works" (emphasis supplied). By its terms,
§26 was inapplicable to the MBTA. The term "authority" is ordinarily "used in
the title of a `body public and corporate.' " Wallerstein v. Board of Bar Examrs.,
414 Mass. 1008, 1009 (1993). `By the terms of its enabling legislation, the
MBTA is an entity financially independent from the Commonwealth with a
separate corporate existence." Okongwu v. Stephens, 396 Mass. 724, 730 (1986).
The MBTA is described as both a "body politic and corporate" and as a "political
subdivision." G.L. c. 161A, §2, as amended by St. 1999, c. 127, §151. The
Legislature is familiar with the term "authority," and its absence from the
applicable version of G.L. c. 149, §26, is meaningful. Given the private attributes
that distinguish authorities from ordinary government agencies, it is unlikely that
the omission is inadvertent. That the omission was intentional at the time is
further demonstrated by the subsequent amendment of §26, see St. 1998, c. 236,
§5, to add the term "authority" to the entities to which the statute applies. See St.
1998, c. 236, §21, making §5 applicable to public works projects on which bids
were submitted on or after February 3, 1999."
In further support of its decision, the Court stated:
"See also G.L. c. 161A, §25, which generally exempts the MBTA from laws
governing rates or wages of public employees, leaving the subject to collective
bargaining."
Although the MBTA was not specifically referenced in the original legislation in that
case, no such ambiguity exists here about whether the North Andover Wetland Protection Bylaw
or the Cmnimonweaith's Wetlands Act is referenced in the Zoning Bylaw, because the Bylaw and
the Act are both specifically referenced in the Zoning Bylaw.
Other than the foregoing case, Attorney Speicher's letter does not cite to any case law or
statutory authority in support of the conclusion asserted in Attorney Speicher's letter.
The Ruby case cannot be cited as precedent.
The Ruby case referenced in the letter was issued pursuant to Rule 1:28 of the Appeals
Court and was not a "published opinion" of the Court. (That is why I requested Attorney
URBELIS & FIELDSTEEL, LLP
September 25, 2007
Page 3
Speicher to provide me with a copy.) Rule 1:28 enables the Appeals Court not to publish both
civil and criminal decisions that present no substantial question of law or where it appears that no
clear error of law has been committed which injuriously affects substantial rights of an appellant.
With regard to the effect of such a case, in Chhoeun Nv v. Metropolitan Property and
Casualty Co., 51 Mass. App. Ct. 471, 475, n. 7 (2001), the Appeals Court stated:
"Opinions of this court in an unrelated case, released pursuant to Rule 1:28,1 Ua
not be cited as precedent." (emphasis supplied)
Thus, as a result of the Appeals Court's interpretation of its own Rules, the case cited in
the letter may not be cited as precedent for the argument which was suggested in the letter.
Accordingly, in my opinion, the letter dated May 7, 2007 does not cite any controlling
statutory or case law authority for the letter's assertion that the Zoning Bylaw "cannot be
properly construed to include subsequently adopted amendments to either the State Act or the
Wetland Protection Bylaw."
If other authorities are cited to you in support of the landowner's position we would be
pleased to review them. As always, please call if you have any questions.
TJU/kmp
cc Mark Rees
Curt Bellavance
Very truly yours,
Thomas J. U lis
DAG®STIE PC.
ATTORNEYS AT LAW
Howard P. Speicher
May 7, 2007
direct 617-589.3829 direct fax 617-305.3129
email hspeicher@davismalm.com
ONE BSN PLACE • BOSTON • MA • 02108
617-367-2500 fax 617-523-6215
w w w. d a v i s in a l m. c o in
C. Michael Malin
VIA E-MAIL AND FIRST CLASS MAIL
William F. Griffin, )r.
Gerald Brown, Inspector of Buildings
John G. Serino
North Andover Building Department
Gary S. Maisko
1600 Osgood Street
John T. Lynch
North Andover, MA 01845
Carol R. Cohen
Howard P. Speicher
Paul L. Feldman
Re: 810-812 Salem Street, North Andover Massachusetts
Gary M. Feldman
George A. Hewert
Dear Building Inspector Brown:
Laurence M. Johnson
Kenneth J. Mickiewicz
This office represents John Carroll, the owner of the property at 810-812 Salem
Thomas S. Fitzpatrick
Street in North Andover. Mr. Carroll has asked us to contact you to address a
J. Gavin Cockfield
concern relating to the application of the Zoning Bylaw to the property, which
David Rapaport
we understand may have been raised by some members of the town's
Whitton E. Norris, 111
development staff.
Andrew D. Myers
Robert J. Galvin
As you may know, Mr. Carroll has obtained the endorsement of the Planning
John D. Chambliss
Board on an "approval not required" plan dividing the property into two
Thomas Frisardi
separate lots. Each of the lots is improved by an existing building, and each of
Marjorie Suisman
the lots meets the lot frontage and lot area requirements for buildable lots in an
Samuel B. Moskowitz
R3 zoning district. However, a question has been raised as to whether the lots,.
Charles H. DcBevoise
because of their proximity to Mosquito Brook, meet the "contiguous buildable
Amy L. Fracassini
Robert J. Diettrich
area" requirements of Section 7. 1.1 of the Zoning Bylaw.
Avi M. Lev
The CBA provision of the Zoning Bylaw provides as follows:
Ann M. Sobolewski
Joshua S. Grossman
As of April 28, 1986, the area of any new lot created, exclusive
Neal J. Bingham
David M. Cogliano
of area in a street or recorded way open to public use, at least
Rebecca L. Andrews
seventy five (75) percent of the minimum lot area required for
Laurie Alexander-Kroin
zoning shall be contiguous land other than land located within a
Sophie C. Migliazzo
line identified as wetland resource areas in accordance with the
Christopher J. Marino
Wetlands Protection Act, Massachusetts General Laws, Chapter
Shannon M. Tomai•
131, Section 40 and the Town of North Andover Wetland
Harold R. Davis,
Protection Bylaw, Chapter 178 of the Code of North Andover.
of Counsel
The proposed structure must be constructed on said designated
Julian J. D'Agostine
contiguous land area.
of Counsel
`Pending admission to the
Mattachwm, Bar
direct 617-589.3829 direct fax 617-305.3129
email hspeicher@davismalm.com
ONE BSN PLACE • BOSTON • MA • 02108
617-367-2500 fax 617-523-6215
w w w. d a v i s in a l m. c o in
Gerald Brown, Inspector of Buildings
May 7, 2007
Page 2
DAG®STIN E PC.
At the time the CBA provision was adopted in 1986, the incorporation by reference of "wetland
resource areas" under the State Wetlands Protection Act (the "State Act") and the North Andover
Wetland Protection Bylaw did not include the concept of a 200 -foot buffer from a river or
stream. No such resource area existed in the State Act prior to the adoption of the Riverfront
Protection Act in 1996, chapter 258 of the Acts of 1996. The riverfront area was adopted as a
resource area in the local Wetland Protection Bylaw in 1998.
At no time subsequent to its adoption in 1986 has the CBA provision of the Zoning Bylaw been
amended to include the new riverfront area as a resource area that must be excluded in
calculating CBA. Consequently, the 200 -foot riverfront area cannot be a resource area that must
be excluded from CBA.
By referring to "wetland resource areas in accordance with" the State Act and the Wetland
Protection Bylaw, the CBA provision of the Zoning Bylaw is referring to those wetland resource
areas as they were defined at the time of the adoption of the CBA provision in 1986. As a basic
matter of statutory interpretation, the CBA provision cannot be properly construed to include
subsequently adopted amendments to either the State Act or the Wetland Protection Bylaw. To
conclude otherwise would be to, in effect, amend the Zoning Bylaw without a vote of the Town
Meeting. Furthermore, such a conclusion would have the effect of amending the Zoning Bylaw,
not only without a vote to amend the Zoning Bylaw, but on the basis of an amendment to the
Wetland Protection Bylaw that was passed on a majority vote, and not with the two-thirds vote
required to amend the Zoning Bylaw.
It is a basic rule of statutory construction that a statute incorporating by reference a specific
provision of another law cannot be amended by reference simply because the statute to which the
reference is made is amended. For instance, in a case in which an employee of a subcontractor of
the MBTA tried to take advantage of a subsequent amendment to the "prevailing wage" law that
made the law applicable to an "authority" as well as to cities and towns, the court held that the
later amendment of the statute did not apply to the plaintiff, because the plaintiff s cause of
action arose prior to the adoption of the amendment, and so the statute in question did not
impliedly include "authority" with respect to the plaintiff s claim. Ruby v. Earth Tech, Inc., 62
Mass. App. Ct. 1106 (2004). Likewise, the reference to "wetland resource areas" in the CBA
provision of the Zoning Bylaw was adopted at a time when the reference could not have included
"riverfront" areas as wetland resource areas, because no such resource areas yet existed. The
Town Meeting members voting on the adoption of the CBA provision cannot be inferred to have
meant to include a resource area under the provision's coverage of which they could have had no
knowledge.
This conclusion is mandated by the basic principle of statutory construction of "adoption by
reference of limited and particular provisions of another statute, in which case the reference does
not include subsequent amendments." 2B Sutherland Statutes and Statutory Construction, §51:7
(6th ed., updated October 2006). "[W]here a statute adopts by specific reference the provisions of
t ..
Gerald Brown, Inspector of Buildings DAvi5 MALM 6
May 7, 2007 DAG -®sum Pc.
Page 3
another statute, such provisions are incorporated in the form in which they exist at the time of the
reference and not as subsequently modified." Id.
The CBA provision, as adopted in 1986, adopted by reference the specific provisions of the State
Act and the Wetlands Protection Bylaw existing at the time defining wetland resource areas.
Under the principles cited above, this reference cannot be deemed to include later amendments to
either the State Act or to the Wetland Protection Bylaw without a specific amendment to the
Zoning Bylaw allowing such incorporation by reference of these more stringent provisions.
Based on the principles discussed in this letter, we urge you to conclude, as we believe the law
requires, that the two ANR lots recently approved by the Planning Board at the property are not
in violation of the CBA provisions of the Zoning Bylaw by reason of their proximity to Mosquito
Brook.
I would be pleased to discuss the issues raised in this letter at your convenience.
Very truly yours, ,
Howard P. peicher
cc: John Carroll
Stephen E. Stapinski, R.L.S.
441622v.1
Westlaw.
816 N.E.2d 182
62 Mass.App.Ct. 1106, 816 N.E.2d 182, 2004 WL 2347577 (Mass.App.Ct.)
(Cite as; 62 Mass.App.Ct. 1106, 816 N.E.2d 182)
H
Ruby v. Earth Tech, Inc.
Mass.App.Ct.,2004.
NOTICE: THIS IS AN UNPUBLISHED
OPINION.
Appeals Court of Massachusetts.
Donna RUBY,
V.
EARTH TECH, INC.
No. 03-P-650.
Oct. 19, 2004.
MEMOR,4NDUM AND ORDER PURSUANT TO
RULE 1:28
*1 By an amended complaint in the Superior Count,
the plaintiff sought to recover from her employer
amounts allegedly due her pursuant to the
Commonwealth's prevailing wage law. See G.L. c.
149, §§ 26 and 27-27H. rt` 1 On cross motions for
summary judgment, the motion judge denied the
plaintiffs motion; allowed the defendant's motion;
declared that the prevailing wage statutes were
inapplicable to the plaintiff's employment; and
otherwise dismissed the amended complaint. By
means of a timely appeal, the plaintiff asserts that,
contrary to the judge's ruling, she was entitled to
receive the prevailing wage pursuant to applicable
statutes. In the alternative, she argues that, even if
she is not so entitled under the statutes, she should
nevertheless be paid the prevailing wage because
the contract governing the work required such
payment. We conclude that neither the statutes nor
the contract entitle the plaintiff to the prevailing
wage, and accordingly affirm the judgment.
FNI. The complaint was amended twice.
At one time, twelve plaintiffs sought
similar relief, including, beside their
claims against the defendant under the
prevailing wage statutes, claims for trustee
Page 2 of 5
Page 1
process against other parties and claims
under ceilain Federal statutes. The
plaintiffs' Federal claims and applications
for trustee process were waived. Following
the dismissal of' their complaint, notices of
appeal were filed on behalf of all twelve of
the plaintiffs. However, only Ms. Ruby has
prosecuted the appeal.
1. Material finers. The material facts do not appear
to be genuinely disputed. In 1998 the
Massachusetts Bay Transportation Authority
(MBTA) completed construction of a commuter rail
maintenance facility located principally in
Somerville. Because of certain environmental
considerations, the MBTA also arranged for the
building of a groundwater treatment plant and a
pretreatment facility, and invited bids for the
construction. Included in the specifications was a
requirement that the contactors provide for the
operation and maintenance of the facilities for a
period of five years after their construction. In
1994, a joint venture entered into between Kicwit
Construction Company and Kenny COVIStrtlCt1011
Company (Kiewit-Kenny) was awarded the contract
to construct the pretreatment facility (contract No.
C3CN13). In 1995, Perini Envirorlrnental Services,
Inc. (Perini) was awarded the contract to construct
the groundwater treatment plant (contract No.
C3CN12). According to the judge's memorandum,
both Kiewit-Kenny and Perini subcontracted the
operation and maintenance portions of the
respective contracts to the defendant, Earth Tech,
I;ic. (but see section 3 below). The defendant
employed the plaintiff as a wastewater treatment
facility operator to provide services required in
connection with the two projects.
2. Statutory claims. The plaintiff' relies initially on
G.L. c. 149, § 26, which requires that prevailing
wages be paid to identified employees engaged in
certain public works projects. At the time of the
1995), § 26, as amended through St.1967, c. 296.
,�: 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.
littp://web2.westlaw.com/print/printstreaiii.asl)x?rs=WLW7.04&destination=atp&sv=Split&.,. 5/7/2007
816 N.E.2d 182
62 Mass.App.Ct. 1106, 816 N.E.2d 182, 2004 WL 2347577 (Mass.App.Ct.)
(Cite as: 62 Mass.App.Ct. 1106, 816 N.E.2d 182)
2, applied to "the employment of mechanics and
apprentices, teamsters, chauffeurs and laborers in
the construction of public works by the
r�mmontyeCll ) nnuntlTtOivn o _&=L_DL
by persons contracting or subcontracting for such
works" (emphasis supplied). By its terms 6 26 was
.inapplicable to the MBTA. The term "authority" is
ordinary y use t e r e of a `body politic and
corporate." ' lVallerstein v. Board of Bar Exantrs.,
414 Mass. 1008, 1009 (1993). "By the terms of its
enabling legislation, the MBTA is an entity
Financially independent from the Commonwealth
with a separate corporate existence." Okongivu v.
Stephens, 396 Mass. 724, 730 (1986). The MBTA
is described as both a "body politic and corporate"
and as a "political subdivision." G.L. c. 161A, § 2,
as amended by St.1999, c. 127, § 151. The
Legislature is familiar with the term "authority,"
and its absence from the applicable version of G.L.
c. 149, § 26, is meaningful. Given the private
attributes that distinguish authorities from ordinary
government agencies, it is unlikely that the omission
is inadvertent.FN2 That the omission was
intentional at the time is further demonstrated by the
subsequent amendment of § 26, see St -t998 �3�
§ 5, to add the term "authority" to the entities to
which the statute applies. See St.1998, c. 236, § 21,
making § 5 applicable to public works projects on
which bids were submitted on and after February 3,
1999.
FN2. See also G.L. c. 161A, § 25, which
generally exempts the MBTA from laws
governing rates or wages of public
employees, leaving the subject to
collective bargaining.
*2 While this by itself is dispositive with respect to
§ 26, we observe also that the section applies only
to the "construction" of public works by the
enumerated entities. The plaintiff's employment was
as a wastewater operator, and included the repair,
maintenance and operation of the wastewater
system, the handling of oil waste material, and the
performance of related tests. This is not "
construction" as contemplated by § 26, even given
the gloss on the term provided by G.L. c. 149, § 27D
. indeed, the plaintiff concedes that she had nothing
Page 3 of 5
Page 2
to do with the construction of either the
groundwater treatment plant or the pretreatment
facility, and that her employment related
exclusively to operations and maintenance after
construction had been completed and the units were
operational.
The plaintiff fares no better under either § 27F or §
2714 of G.L. c. 149. Section 27F applies prevailing
wages to the operators of trucks, vehicles, or other
equipment engaged in public works. However, §
27F, inserted by St. 1960, c. 795, limits its
application to public works "by the commonwealth
or by a county, city, town or district," thus, as in the
case of § 26, excluding authorities from coverage. FN3
Likewise, § 27H, inserted by St.1987, c. 762,
which requires that prevailing wages be paid to
employees of contractors who clean or maintain
certain public buildings or rented space, applies
only to "public buildings or space rented by the
commonwealth."
FN3. We note that G.L. c. 149, § 27F, was
not rewritten to include authorities even
after the amendments to prevailing wage
statutes adopted in 1998.
We are not persuaded by the plaintiff's proposition
that the prevailing wage statutes embrace a
legislative policy that was intended to extend to this
plaintiff in these circumstances. The cases on which
the plaintiff relies involve various delegations of
authority by the Legislature to administrative
agencies.1�N4 We are not concerned here with
delegation of authority, but rather with statutes that
impose certain requirements on governmental
entities. For their meaning, we look principally to
the language employed by the Legislature. See Blue
Cross of Massachusetts, Inc. v. Commissioner of
Ins., 397 Mass. 674, 678 (1986). We decline the
invitation to rewrite the statutes. FN5
FN4. The plaintiffs separate reliance on
Thorn Transit Sys. Init, Lid. v
Massachuselts Bny Tronsp. Authi?_ 40
Mass.App.Ct. 650 (1996), is misplaced.
That case, at 652, dealt with procurement
O 2007 Thomson/West. No Clain to Ori,. U.S. Govt. Works.
http://w•eb2.westlaw,com/print1priiitstrcam.aspx?rs=WLW7.04&destination=atp&sv=Split&... 5/7/2007
816 N.E.2d 182
62 Mass.App.Ct. 1106, 816 N.C.2d 182, 2004 WL 2347577 (Mass.App.Ct.)
(Cite as: 62 N/lass.App.Ct. 1106, 816 N.E.2d 182)
under G.L. c. 30, § 39M, and did not
address prevailing wage requirements.
FNS. In light of our interpretation of the
statutes, it is unnecessary to address the
defendant's contention that the plaintiff
was barred from asserting claims under
G.L. c. 149, §§ 27F and 27H, because she
did not bring such claims to the attention
of the Attorney General first. See G.L. c.
149, § 27.
3. Corm -act claims. The plaintiff' argues
alternatively that, even if the statutes do not
obligate the defendant to pay. prevailing wages in
connection with these projects, the MBTA has
independently chosen to require its contractors to
pay prevailing wages to their employees, and thus
the defendant is obligated to do so pursuant to the
contract documents. It appears that the plaintiff did
not present this contention to the motion judge, and
we could dispose of it on the ground of waiver.
Passing the question whether the issue has been
preserved, we conclude that there is no support in
the contract documents for the plaintiffs
proposition, and we briefly address the merits.
The motion judge treated the two projects as
governed by separate subcontracts between the
defendant and Perini (the groundwater treatment
plant) and the defendant and Kiewit-Kenny (the
pretreatrtent facility). While the record is not
entirely clear on the subject, it appears that the
defendant entered into a contract regarding the
pretreatment facility directly with the MBTA, That
contract contains no requirement that the defendant
pay its employees prevailing wages.
*3 Thus, the plaintiff bases her argument on the
subcontract entered into between the defendant and
Perini regarding the groundwater treatment plant.
As in the case of the contract between the MBTA
and the defendant relative to the pretreatment
facility, the subcontract contains no express
reference to prevailing wages. It does, however,
contain the normal incorporation by reference of
the general contract entered into by Perini and the
MBTA. The general contract "is subject to Federal
wage and hour laws and State minimum wage rates,
Page 4 of 5
Page 3
as well as all other applicable labor laws." See
Notice to Bidders. Apparently construing this
language as invoking prevailing wage laws (an
interpretation which we consider by no means
obvious), MBTA personnel requested and received
from the Executive Office of Labor NO a
determination of prevailing wages applicable to
construction of the groundwater treatment plant.
The plaintiff argues that a requirement to pay such
wages consequently became incorporated in the
subcontract between Perini and the defendant. In
addition, the plaintiff contends that, because the
defendant's employees were assigned
interchangeably to the two projects, prevailing
wages were required with respect to the
pretreatment plant project as well as with respect to
the groundwater treatment plant project.
FN6. These functions are now performed
by the Division of Safety.
The problem with this theory is that it again
erroneously equates the plaintiffs employment with
"the construction of' public works" as used in G.L.
c. 149, § 26. The defendant and its employees did
not construct the groundwater treatment plant. That
was the obligation of Perini pursuant to the general
contract, and the MBTA sought the establishment
of prevailing wages exclusively with respect to the
construction phase. Absent from the request is any
reference to wages of employees engaged in
operations or maintenance . RNA We thus see
nothing in the MBTA's treatment of the subject that
Suggests that it considered prevailing wage
requirements to be applicable to the defendant's
services.
FN7. The MBTA's request to the
Executive Office of Labor describes the
work as "new construction of groundwater
treatment plant." It defines the scope of' the
work as "plant enclosure, treatment plant
and eleven recovery wells along with
associated foundations and utilities."
Other documents on which the plaintiff relies are of
no help to her case. The "form for bid" relative to
0 2007 Thomson/West. No Claim to Orig, U.S. Govt. Works.
Iittp://web2.westIaw.com/print/printstream.aspx?rs=W LW7.04&destination=atp&sv=Split&... 5/7/2007
816 N.E.2d 182
62 Mass.App.Ct. 1106, 816 N.E.2d 182, 2004 WL 2347577 (Mass.App.Ct.)
(Cite as: 62 Mass.App.Ct. 1106, 816 N.E.2d 182)
the groundwater treatment plant does not address
the subject of employees' wages. The language set
forth in the "notice to bidders," quoted above, alerts
bidders to the awarding authority's expectation that
they will comply with applicable labor laws. As we
have discussed, the prevailing wage statutes are not
applicable, and the provision was not designed to
create new obligations. Finally, the portion of the "
addendum to bid" cited by the plaintiff identifies
only the qualifications required by the operator in
question, and dictates no wage that such an
employee must receive.
JurfgmeW u%firmed.
Mass.App.Ct.,2004.
Ruby v. Earth Tech, Inc.
62 Mass.App.Ct. 1106, 816 N.E.2d 182, 2004 WL
2347577 (Mass.App.Ct.)
END OF DOCUMENT
V 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.
Page 5 of 5
Page 4
http://web2.westlaw.com/print/printstream.aspx?rs=WL,W7.04&destination=atp&sv=Split&... 5/7/2007