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Town of North Andover & NORTrl q
Building Department �?s~! �b•a�a
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27 Charles Street 0
North Andover, Massachusetts 01845
(978) 688-9545 Fax (978) 688-9542
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ADDRESS
LOT NUMBERS SUBDIVISION
DATE REQUEST FILED
DATE READY FOR INSPECTION
FIVE (5) DAYS NOTICE PRIOR TO CLOSING DATE IS REQUIRED
ALL WORK AND SIGN-OFF'S MUST BE COMPLETED WITHIN THIS TIME
FRAME. A RE -INSPECTION FEE OF TWENTY-FIVE ($25.) DOLLARS WILL BE
CHARGED IF THE STRUCTURE DOES NOT MEET ALL APPLICABLE CODES.
SIGNATURE
OFFICIAL USE ONLY
ROUTING
CONSERVATION'... DATE 2 �7 Q Z
6
PLANNING- DATE
D.P. W. - TER METER DATE ,%
D.P.W. MUST INDICATE THAT THE WATER METER HAS BEEN INSTALLED `
PRIJOWT-0 THE INSPECTION REJEST DATE.
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS.
which are subject to construction control pursuant to
780 CMR 116.0, shall be accompanied by a building
survey where required by 780 CMR 34 and
Appendix F.
1101<OSite plan A site.plan shall bq filed showing,;
to scale, the size and location of all new construction
and all existingstructures on;the site distances:fom
lot', ines the established street grades and the
an
n to be demolished and the,JocatJon and
+xisitng structures,d,construction that
on the site or Piot.
110.11 Independent Structural Engineering
Review:
110.11.1 As a. condition for the issuance of a
building permit, the structural design of the
following described structures shall be reviewed
by an independent structural engineer to verify
that the design of the primary structure is
conceptually correct and that there are no major
errors in the design:
1. Buildings which are five stories or more in
height above the lowest floor, including stories
below grade.
2. Buildings which enclose a total volume of
400,000 cubic feet, including stories below
grade. The volume shall be measured using
the outside dimensions of the building.
3. Structures in Use Group A, or structures
which are partially in Use Group A, which will
be used for public assembly of 300 or more
persons.
4" Structures of unusual complexity or design
shall be determined by the'B S. A building
p ficftmay apply to the BBRS for such- a
detet�ril#iMon on:>a'speciifc sirueture.
Exemption:Temporary structures erected for a
period of one year or less.
110x112. lltequ►rements fon the review The
as
rtldt3dr}t;eura7engmeeting review shall':1e
tr�ct�inir' with the + tequrrements 'tiff
Appeniirxl
110.11.3 Disputes between the structural
engineer responsible for the design of the building
or structure and the structural engineering peer
shall be resolved by the structural peer review
advisory committee in accordance with 780 CMR
125.0.
110.12 Structures subject to control: In those
structures subject to control as required in 780 CMR
116.0, affidavits.,must be submitted with the permit
application that the individuals and testing laborato-
ries responsible for carrying out the duties specified
in 780 CMR 116.0 have been licensed by the BBRS.
ADMINISTRATION
11043 Amendments to application: Subject twhe
limitations of 780 C,MR 110. 14, amendments to a.
plan, application or other records accompanying the
same shall be filed prior to theCommencement of the
work for which the amendment to the permit is
sought or issued. Such amendments shall be deemed
part of the original application and shall be
submitted in accordance with 780 CMR 110.0.
110.14 Time limitation of application: An
application for a permit for any proposed work shall
be deemed to have been abandoned six months after
the date of filing, unless such application has been
diligently prosecuted or a permit shall have been
issued; except that the building official shall grant
one or more extensions of time for additional periods
not exceeding 90 days each if there is reasonable
cause and upon written request by the owner.
780 CN R 111A PERMM
111.1 Action on application: The building official
shall examine or cause to be examined all applica-
tions for permits and amendments thereto within 30
days after filing thereof. If the application or the
construction . documents do not conform to the
requirements of 780 CMR andall pertinent laws
under the building official's jurisdiction, the building
official shall reject such application in writing,
stating the reasons therefor. If the building official
is satisfied that the proposed work conforms to the
requirements of 780 CMR and all laws and
ordinances applicable thereto, the building official
shall issue a permit therefor.
111.2 Zoning: In accordance with the provisions of
M.G.L. c. 40A or St. 1956, c. 665 as amended, no
permit for the construction, alteration, change of use
or moving of any building or structure shall be
issued if such building or structure or use would be
in violation of any zoning ordinance or by-law.
111.3 Railroad right-of-way: No permit to build a
structure of any kind on land formerly used as a
railroad right-of-way or any property appurtenant
thereto. formerly used by any railroad company in the
state shall be issued without first obtaining, after
public hearing, the consent in writing to the issuance
of such permit from the Secretary of the Executive
Office of Transportation and Construction, all in
accordance with M.G.L. c. 40, § 54A.
111.4 Water Supply: No permit shall be issued for
the construction of a building or structure which
would necessitate the use of water therein, unless a
supply of.water is available therefor, either from a
water system operated by a city, town or district; or
from a well located on the land where the building or
structure is to be constructed, or from a water
corporation or company, as required by M.G.L.
c. 40, § 54.
11/27/98 780 CMR - Sixth Edition
21
MERRIMACK ENGINEERING SERVICE
66 Park Street
ANDOVER. MASSACHUSETTS 01810
t �
SHEET NO. - --- Oa _
CALCULATED BV "7l 7 DATE
CHECKED By DATE_
SCALE
LOCUS PLAN
1"=1000,
CAP UNIT ADHERES
TO TOP UNIT-
W/VERSA-LOK
CONCRETE ADHESIVE
,'VERSA-LOK MODULAR
CONCRETE UNITS i
GRANULAR LEVELING PAD
MIN. 6" THICK .
IMPERVIOUS FILL
12" DEEP
i
I
y,
P6 DRAINAGE AGGREGATE
12" THICK MIN.
4" DIA. DRAIN PIPE
OUTLET @ END OF WALL
OR 0 40' CENTERS MAX.
i` i ` J/Y Q Tiii fi 3 i O
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780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
Table 3610.4.1
REQUIREMENTS FOR MASONRY FIREPLACES AND CHIMNRYS
ITEM
LETTER
REQUIREMENTS
Hearth slab thickness
A
4"
Hearth extension
8" fireplace opening < 6 sq. R.
(each side of opening)
B
12" fireplace opening i 6 sq. ft.
Hearth extension
C
16" fireplace opening < 6 sq. ft.
(front of opening)
20" fireplace opening t 6 sq. ft
Hearth slab reinforcing
D
Reinforced as necessary to carry its own weight
and all im osed loads
Thickness of wall of firebox
E
12" solid brick or 8" where a firebrick lining is
used. Joints in firebrick 1/4" max.
Distance from top of opening to throat
F
8"
Smoke chamber edge of shelf
Rear wall - thickness
G
6"
Front wall - thickness
8"
Chimney
_
Seismic load reinforcement not required in
Vertical reinforcing
Massachusetts
Horizontal reinforcing
-
Seismic load reinforcement not required in
Massachusetts
Bond beams
K
Nospecified requirements
Fireplace lintel
L
Noncombustible material
Walls with flue lining
M
Refer to 780 CMR -364-0-.2.8 - - -- -
Walls with unlined flue
N ,
Unlined chimneys are not allowed to be
constructed in Massachusetts
Distances between adjacent flues.
-
Refer to 780 CMR 3610.2..9
Effective flue area
P
Refer to 780 CMR 3610.2. 10 and 3610.2.11
(based on area of fireplace opening)
Clearances
Wood frame and
Refer to 780 CMR 3610.2.14 and 3610.4.7
combustible material
R
- -- - -- - -
2' at 10' (780 CMR 3610.2.5)
Above roof
Anchorage
-
Refer to 780 CMR 3610 4.1 and Figure
3610.4.1a - -
Footing
Thickness
T
12" min.
Width
6" each side of fireplace wall
For SI: 1 inch = 304.8 mm.
1. The letters in this column refer to Figure 3610.4.1a
602 780 CMR - Sixth Edition 2/20/98 (Effective 371%9$)
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
ONE AND TWO FAMILY DWELLINGS - CHIMNEYS, FIREPLACES AND
SOLID FUEL -FIRED APPLIANCES
Figure 3610.4.1a
FIREPLACE AND CHIMNEY DETAILS
YA10lRf CM
FIAIE lMp-
HWE9= MAIL
Dir-=
UB
T1.O�OE33
:0011110
Ll
BRICK FIREBOX AND CWMNEY—
SECTIONAL SIDE NEW ON WOOD FLOOR
CBOH n
roanrac
BRICK FIREBOX ANO BLOCK CMMNEy—
SECTIONAL SIDE VIEW ON.CONCREIE SLAB
12/12/97 (Effective 8/28/97) 780 CMR - Sixth Edition '
603
BIS IB
0
�.u' p Ia ■ RC1.. ','"�'
BRICK FIREBOX AND CWMNEY—
SECTIONAL SIDE NEW ON WOOD FLOOR
CBOH n
roanrac
BRICK FIREBOX ANO BLOCK CMMNEy—
SECTIONAL SIDE VIEW ON.CONCREIE SLAB
12/12/97 (Effective 8/28/97) 780 CMR - Sixth Edition '
603
% DIVISION 1
f. .,
Page 51 of 90
Chapter 125
HISTORIC DISTRICT
[HISTORY: Adopted by the Town of North Andover May 4, 1987 Annual Town Meeting, Article 15. Amendments
noted where applicable.]
§
125-1
Title
§
125-2
Purpose
§
125-�
Establishment
§
125-4
Historic District Commission
§
125-5
Powers and Duties of Commission
§
125-6
Limitations and Exemptions
§
125-7
Procedures
§
125-8
Town to be Subject to Provisions
§
125-9
Amendments
§
125-10
Severability
§
125-11
When Effective
§
125-1
Title
This chapter shall be known and may be cited as the "North Andover Old Center Historic
District Bylaw" and is adopted pursuant to Chapter 40C of the General Laws of the Commonwealth of
Massachusetts, as amended.
§ 125-2 Purpose
The purpose of this chapter is to promote the educational, cultural, economic and general
welfare of the public through the preservation and protection of distinctive historical and architectural
characteristics of buildings and places in the Old Center area of the Town of North Andover through the
maintenance and improvement of such buildings and places and the encouragement of appropriate and
compatible design in this area.
§ 125-3 Establishment.
There is hereby established under the provisions of Chapter 40C of the General Laws an
historic district to be known as the "Old Center Historic District' which district shall be bounded as
shown on the map entitled "North Andover Old Center Historic District, 1987' attached and made part
of this chapter. L1
§ 125-4 Historic District Commission.
There is hereby established under Chapter 40C of the General Laws an Historic District
Commission consisting of seven (7) members and two (2) alternate members, all residents of the Town
of North Andover, appointed by the Board of Selectmen; including one (1) member, where possible,
from two (2) nominees submitted by the North Andover istorical Commission; one (1) member, where
possible, from two (2) nominees submitted b the Northitndover Historical Society; one (1) member,
p Y Y
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DIVISION 1 Page 52 of 90
where possible from two (2) nominees submitted by the Greater Lawrence Board of Realtors; one (1)
member, where possible, from two (2) nominees, submitted by the Massachusetts State Chapter of the
American Institute of Architects; and one (1) member who is both a resident of and owner of property in
the Old Center Historic District. The Board of Selectmen shall submit written requests for nominations
to the organizations named herein. If no nomination has been made within thirty (30) days after
submitting a request, the Selectmen may proceed without waiting for the requested nomination. When
the Commission is first established, three (3) members shall be appointed for three-year terms, two (2)
members and one (1) alternate member shall be appointed for two-year terms and two (2) members and
one (1) alternate member shall be appointed for one-year terms.
Successors shall each be appointed for a term: of. three (3) years. Vacancies shall be filled
within sixty (60) days by the Board of Selectmen by appointment for the unexpired term. In the case of
absence, inability to act or unwillingness to act because of self-interest by a member, the Chairman may
designate an alternate member of the Commission to act for a specified time. If any member is absent
from three (3) consecutive Commission meetings, the Chairman may appoint an alternate member as a
replacement to serve for the remainder of that member's term, whereupon the Board of Selectmen shall
appoint a new alternate member. Each member and alternate member shall continue in office until his
or her successor is duly appointed. All members and alternate members shall serve without
compensation. The Commission shall elect annually a Chairman and a Vice Chairman from its own
number and a Secretary from within or without its number. Meetings of the Commission shall be held
only if attended by a quorum of at least five (5) members, including alternate members designated to act
as members. If the Chairman is absent from a meeting of the Commission, the Vice Chairman shall act
as Chairman. Decisions of the Commission at a meeting require a majority vote of the members,
including designated alternates, who are present at the meeting..
125-5 Powers and Duties of Commission.
A. The Commission shall have all the powers and duties of Historic District Commissions
as provided by the Historic District Act, General Laws, Chapter 40C, and by subsequent
amendments thereto, unless specifically limited by this chapter. The Commission may adopt
rules and regulations not inconsistent with the provisions of the Historic District Act. The
Commission may, subject to appropriation, employ clerical and technical assistants or
consultants and incur other expenses appropriates to the carrying on of its work.
B. The Commission shat have, control over new construction, reconstruction, alterations,
relocation and demolition of all exterior architectural features of buildings and structures within
the Old Center Historic District which are clearly visible from any public street, public way or
public land within the district, except as limited by this chapter. ' The terms used in this chapter
shall have meanings set forth in Massachusetts General Laws C.40C, Sec. 5. For purposes of
this chapter, any structure partially within the Historic District shall be considered wholly within
the district.
C. In passing upon matters before it the Commission shall consider, among other things,
the historical arid ;:architectural value and significance of the site, building or structure, the
general design arrangement of the features involved and the relation of such features to similar
features of buildings and structures in the surrounding area.
§ 125-6 Limitations and Exemptions.
A. The Commission shall not act to prevent .or unnecessarily delay new construction,
reconstruction or alterations except for the purpose of preventing developments incongruous to
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DIVISION 1
Page 53 of 90
historical considerations and architectural features of value, viewed in relation to the surrounding
area.
B. The following are exempt from review or control by the Commission (except as
specifically noted): _
1. Ordinary maintenance, repair or replacement of any external architectural features if
this does not involve a change in design or materials.
2. Actions required by a duly authorized public officer necessary for public safety in the
event of an unsafe or dangerous conditions.
3. Landscaping with plants, trees, or shrubs.
4. Terraces, walks, sidewalks, driveways and other similar structures, provided that the
structure is at grade level. (Parking lots require Commission review.)
5. Storm doors and windows, screen doors and windows, window air conditioners,
residential light fixtures and conventional antennae no larger than six (6) feet in any
dimension. (Dish antennae and solar collectors require Commission review.)
6. Paint color and roofing material.
7. Temporary signs or structures to be in use for not more than ninety (90) days.
8. Signs used for residential occupation or professional purposes, of not more than one(l)
square foot in area, provided that no more than one (1) sign is displayed on or near any
one (1) building or structure and the sign consists of lettering painted on wood without a
symbol or trademark. (Signs for commercial and institutional purposes require
Commission review.)
9. Reconstruction substantially similar in exterior design of a building, structure or
exterior architectural feature damaged or destroyed by fire, storm or other calamity,
provided that such reconstruction is begun within one (1) year thereafter and is carried
forward with due diligence.
` 10. All interior architectural features,, and those exterior architectural features which are
not clearly visible from any public street, public way or public land within the Old Center
-Historic District. 1
125-7 Procedures.
A. Except as this chapter provides in Section 125-6, no building or structure within the
Historic District shall be constructed or altered in any way that affects exterior architectural
F,
features unless the Commission shall first have issued a certificate of appropriateness, a`
certificate of nonapplicability or certificate of hardship with respect to such construction or
alteration. Nor shall any. building permit for demolition be issued for any building or structure
within the Historic District until the certificate required by this section has been issued by the
Commission.
B. Applications for certificates shall be made in triplicate, one (1) copy being filed with
the Historic District Commission, one (1) with the Building Inspector and one (1) with the Town
Clerk. Applications shall include plans and elevations, drawn to scale, detailed enough to show
architectural design of the structure and its relation to the existing building, and other materials
deemed necessary by the Commission. Plot and site plans should be filed when an application is
made for improvements involving applicable landscape features such as walls and fences. In
case. of demolition or removal, the application must include a statement of the proposed
condition and appearance of the property thereafter.
C. Within fourteen (14) days of the filing of an application for any certificate, the
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DIVISION 1
Page 54 of 90
Commission shall determine whether the application involves any features which are subject to
approval by the Commission.
D. If the application requires the Commission's review or, at the request of the applicant,
the Commission shall hold a public hearing, unless waived according to the provision of Chapter
40C of the General Laws as amended. Public notice of the time, place and purpose of the
hearing shall be given at least fourteen (14) days in advance and the Commission must notify by
mail affected parties as provided in Chapter 40C of the General Laws as amended.
E. The Commission shall decide upon the determination of any application within sixty
(60) days of its filing or within such further time as the applicant may allow in writing.
F. A certificate of appropriateness shall be issued to the applicant if the Commission
determines that the proposed construction or alteration will be appropriate for or compatible with
the preservation or protection of the Historic District. In the case of a disapproval of an
application for a certificate of appropriateness, the Commission shall place upon its records the
reasons for such determination and shall forthwith cause a notice of its determinations,
accompanied by a copy of the reasons therefor as set forth in the records of the Commission, to
be issued to the applicant, and the Commission may` make recommendations to the applicant
with respect to appropriateness of design. Prior to the issuance of any disapproval the
Commission may notify the applicant of its proposed action, accompanied by recommendations
of changes in the applicant's proposal which, if made would make the application acceptable to
the Commission. If, within fourteen (14) days of the receipt of such notice, the applicant files a
written modification of his application in conformity with the recommended changes of the
Commission, the Commission shall issue a certificate of appropriateness to the applicant.
G. Upon request, the Commission may issue a certificate of non -applicability to any
applicant whose request does not require Commission approval.
H. If an application is deemed inappropriate or if application is made for a certificate of
hardship, the Commission may issue a certificate of hardship if conditions especially affecting
the building or structure involved, but not affecting the Historic District generally, would make
failure to approve an application, involve a substantial hardship, financial or otherwise, to the
applicant and approval would not involve substantial detriment to the public welfare. A
certificate of hardship shall also be issued in the event that the Commission does not make a
determination of an application within the time specified in Subsection E.
I. Each certificate shall be dated and signed, and the Commission shall keep a permanent
record of its determinations and of the vote of each member participating therein, and shall file a
copy or notice of certificate and determinations of disapproval with the Town Clerk and the
Building Inspector.
I Any person aggrieved may, within twenty (20) days of the decision by the
Commission, appeal to a superior .court sitting in equity. The Commission must pay costs if it
appears to the court that the Commission has acted with gross negligence, bad faith or malice.
K. Violation of any of the provisions of this chapter shall incur a fine of not less than ten
dollars ($10) nor more than one hundred dollars ($100) as determined by the Commission, each
day constituting a separate offense.
§ 125-8 Town to be Subiect to Provisions.
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- DIVISION 1 Page 55 of 90
The Town of North Andover shall be subject to the provisions of this chapter
notwithstanding any town bylaw to the contrary.
§ 125-9 Amendments.
This chapter may be amended from time to time by a two-thirds vote of the Town
Meeting, subject to the procedures as set forth in Massachusetts General Laws C.40C, Sec. 3.
§ 125-10 Severability.
In case any section, paragraph or part of this chapter be for any reason declared invalid or
unconstitutional by any court of last resort, every other section, paragraph or part shall continue in full
force and effect.
§ 125-11 When Effective
Following Town Meeting approval, this chapter takes effect immediately when the
following conditions have been met: approval by the Attorney General of the Commonwealth; and filing
of a map of the boundaries of the Historic District with the North Andover Town Clerk, the North
Andover Building Inspector and the Registry of Deeds for North Essex County.
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v-
Town of North Andover
Office of the Conservation Department
Community Development and Services Division
Julie Parrino
Conservation Administrator
July 1, 2003
Robert Allegretto
125 Court Street
North Andover, MA 01845
Dear Mr. Allegretto:
27 Charles Street
North Andover, Massachusetts 01845
Telephone (978) 688-9530
Fax (978)688-9542
This letter is in regards to my site visit conducted with you and Patricia on your property on
June 30, 2003 to inspect the existing conditions and discuss the modification filing
requirements. As noted in my letter to Merrimack Engineering dated June 18, 2003, a request
for a modification must be filed with the Conservation Commission for the construction of the
boulder retaining wall to replace the approved versa -lock wall. In addition, several small
landscaping retaining walls were constructed and should be included as part of the
modification request.
Overall, the slope behind the house appears to be stable at this time and no significant signs of
erosion were observed in the field. As discussed in the field, I recommend the overgrown
grasses on the slope be cut and the area re -seeded in order to provide a denser vegetative
cover. The haybales and silt fence at the base of the wall maybe removed and un -vegetated
areas underneath the removed haybales must be seeded immediately.
Erosion was identified in the area of the northerly rear house corner. The erosion is primarily
from the exposed gravel access way. Erosion controls should be installed at the top of the slope
at the edge of the grass line.
Currently the site is not eligible for a Certificate of Compliance, as all work has not been
completed and the site is not fully stabilized. As this time, I recommend you proceed only
with the request for a modification.
If you have any
feel free to contact me.
Administrator
cc: NACC
Heidi Griffin, Community Development Director
Robert Nicetta, Building Inspector
Steve Stapmski, Merrimack Engineering
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
. ERRIA CIC ENGINEERING SERVtCESi INC.
66 PARK STREET
I ANDD VER, MA 01-10
(978)475-3555
FA..X. (978)475-1448
FACSIMILE COVER PAGE
)ATE:
qUMBER OF PAGES (INCLUDING COVER SHEET)
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COMMIEN'TS:
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SENDING TO FAX NUMBER:
CONFIRMING TELEPHONE NUMBER:
FOR PROBLEMS, PLEASE CALL OPERATOR: (918)475-3555
TRANSMISSION: CONFIRM _-----
NO CONFIRMATION NEEDED
MERRiMACK ENGINEERING SERVICES: INC. . 66 PARK STREET - ANDOVER. MASSACHUSETTS 01810
February 13, 2003
D. Robert Nicetta, Building Commissioner
BUILDING DEPARTMENT
27 CHARLES STREET
NORTH ANDOVER MA
Tel: 978-688-9545
Fax: 978-688-9542
Dear Mr. Nicetta:
It's been a number of months since we last discussed the project at 125 Court Street.
During the summer we ran into a serious financial situation, which caused a delay in
some of the work. (This situation is now under control again) As you may be aware,
however, we were able to complete the required grading and landscaping as ordered by
the Conservation Commission. At this point I am only awaiting an `As Built" by
Merrimack Engineering of Andover. That request went in to them back in late
September. Unfortunately, they got very busy, now it will have to wait until spring.
You will also notice that one of the doors to `nowhere' has been removed from the
kitchen wall. Also most of the exterior siding has been replaced. The winter season has
slowed down that progress.
We are now finishing some of the interior requirements such as fire stops. The basement
stairs have been finished with 5/8 drywall below and drywall was installed'between the
dividing wall at the ceiling at the foot of the basement steps.
I would like to set up an appointment to finalize this project at your earliest convenience.
We did not finish our walkthrough last time as you were called away to a fire.
I would also like to move toward finalizing the fireplace and chimney restoration. Mr.
Richard Irons will be contacting you to discuss'this, as a permit still must be granted.
As Bob Buthmann is no longer available to coordinate this effort, I would appreciate a
call directly to arrange for the completion of this project and a signed occupancy permit.
I'm copying Charlie Salisbury on this letter since the Historical Society has a vested
interest in the completion of this project.
Thau,
Bob legfe o
125 Court Street
781-820-6051
c.c. Charlie Salisbury
Town of North Andover
Office of the Conservation Department
Community Development and Services Division
Julie Parrino
Conservation Administrator
June 18, 2003
27 Charles Street
North Andover, Massachusetts 01845
Merrimack Engineering Services
66 Park Street
Andover, MA 01810
Ate Stephen Stapinski
RE: 125 Court Street, DEP 242-1064
Dear Mr. Stapinski:
Telephone (978) 688-9530
Fax (978) 688-9542
I am in receipt of your letter and as -built plans dated June 9, 2003 for the property
located at 125 Court Street. Upon review of the plans, it has come to my attention that
changes from the original approved plans have been conducted on the site. The largest
change is the construction of a boulder wall to replace the approved versa -lock wall.
The Commission had significant concerns over the stability of the slope behind the
house: A versa -lock wall with the appropriate drainage was approved by this
Commission. It appears the applicant has replaced this wall structure. with a boulder
wall. I question the capability and structural integrity of this alternative wall design to
retain the upgradient slope and allow for proper drainage. Certification by an engineer
that this wall has been properly designed to retain the slope and allow for adequate
drainage must submitted.
In addition, several small landscaping retaining walls have been constructed around
the house. The project also permitted construction of a bituminous driveway and a one-
story garage. Will this structure be constructed?
The applicant must file for a modification with the North Andover Conservation
Commission to address the identified changes. Upon review and approval of the
modification by the Conservation Commission, the applicant may proceed with a
Certificate of Compliance request at a separate hearing.
BOARD OF APPEALS 688-9541 BLJILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
wo
If you have any questions, please feel free to contact me.
cc: NACC
Heidi Griffin, Community Development Director
Robert Nicetta, Building Inspector
Robert Allegretto
file
Mr. Mark Rees, Town Manager June 12, 2003
JUiJ -' �' ZOu3
120 Main Street
North Andover, MA 01845 NORTH ANoO�ER
978-688-9510 off ICE Of N MANAGEa
Dear Mr. Rees:
As you may be aware, we are fairly new residents of North Andover, having moved the historic
Bridges -Steven -Leland house from 11 Marbleridge Road to 125 Court Street in April of 2001.
It is now over two years later and we have become extremely frustrated in our attempts to obtain a
Certificate of Occupancy.
Our first formal request for final inspection went into the North Andover Building Department on
February 15, 2002. The inspection finally happened in April of 2002, but was suddenly cut short,
and not completed, when Building Commissioner D. RobertNicetta got an emergency fire -related
call on his cell phone in the middle of the inspection. He told us he would come back, but never
did. He never contacted us again. In the meantime, we repaired the small items he pointed out. We
also did extensive grading and landscaping at Nicetta's direction, even though we legally had three
years in which to comply with the Conservation Commission's Order of Conditions. Once again, a
request for inspection went in to the Building. Department in February of 2003. To date, the
inspection still has not been done.
Below is a chronology of events related to building inspections at 125 Court Street. As you can
see, we have been doing everything asked of us yet, oddly, the Building Department ignores us
continually.
Jan '01 Robert Allegretto and Patricia Robak agree to purchase and move the Bridges -
Stevens -Leland House, the oldest surviving structure in North Andover, contingent
upon certain assurances. A key item was the issuance of an occupancy permit once
the house was set upon its new foundation and the minimum building standards
were met. The goal was to obtain a temporary Certificate of Occupancy as early as
possible so that the critical restoration of the house could continue from within it.
Security of the property was also an important issue at this time.
Jan 10'01 Robert Allegretto (purchaser), Robert Buthmann (contractor), Charles Salisbury
(North Andover Historical Society Vice President) and Martha Larson (North
Andover Historical Society President) meet with Building Commissioner D. Robert
Nicetta at house for walkthrough. Nicetta assures us that the house can be occupied
after the move if certain things are done. He verbally lists four items: all new
plumbing, all new electrical, smoke detectors, and insulation where possible.
us
Jan 17 `01 Letter sent to Nicetta from Buthmann, thanking him for his attendance and advice
at the walkthrough, and summarizing tasks to be done. `9%'9 et", A � � _'),
Jan `01 Nicetta requests that Buthmann come to his office and remove letter from his desk.
(I can only suppose that Nicetta didn't want to be documented on his word.)
Apr `01 House is successfully moved to Court St.
Permit to rebuild issued. N w NLl-d-
Jun `01 Nicetta insists on footings over and above residential requirements. Buthmann and
contractor Brian Payne comply, with additional cost to homeowners (Allegretto and
Robak) of $1875.60.
Jul 101 House moves onto new foundation.
Aug `01 Nicetta refuses to inspect, -states house is not ready for inspection, no reason given.
Sep `O1 Nicetta refuses to inspect, again stating that we are not ready. He demands
modified method of fixing sills to foundation. However, this is not a typical modern
M �C house. It is a 17'h/1 8th century post and beam structure. Nicetta doesn't seem to
fully understand the construction and assembly methods.
Sep '01 Engineer devises method of fixing sills to foundation. This compromise partially
jeopardizes period restoration standards. Allegretto and Buthmann use method.
J
Sep '01 Nicetta still does not inspect. Again states that we are not ready. Cites doors on
Osgood Street (west) side of house as one reason, since land contours on new site
"� place doors high above ground level. These doors were sufficiently secured and
were impossible to operate, jeopardizing no one. (One of the doors has since been
removed.)
N 0 Co �` D
Oct '01 Nicetta requests letter from Structural Engineer for structural bracing. Nicetta states
that the structural integrity shall be the responsibility of the Engineer.
Oct '01 Letter sent to Nicetta from Structural Engineer Raymond Fitzmaurice, P.E.
Nov '01 Nicetta refuses letter and wants the letter certified.
Nov '01 Letter from Structural Engineer Raymond Fitzmaurice, P.E. resent with
certification seal.
Nov 7'01 Electrical Inspection sign -off completed successfully.
Nov 9 'O1 Plumbing Inspection sign -off completed successfully.
Dec 4 '01 Fire Department Inspection sign -off completed successfully.
Jan -Feb `02 Additional requests for inspection are sent to Nicetta from Buthmann.
Jan 31 `02 Water Meter sign -off completed successfully.
Feb 7 '02 Planning Board sign -off completed successfully.
Feb 12 `02 Conservation Commission sign -off completed successfully.
Feb 15 '02 Letter from Nicetta to Buthmann with attached, completed application for
Certificate of Occupancy.
Apr `02 Nicetta consents to perform inspection only after intervention from others who
know him personally. Harold Ducharme, Salisbury, Buthmann, and Allegretto are
present at this inspection. Nicetta cites a few items to correct. Most are minor and
some cannot be found in the Massachusetts building codes. Nicetta gets called
away to a fire, but says he will return and/or call. At this time, Nicetta had also
refused to give our masonry contractor a permit to restore the fireplaces and
chimneys. Nicetta says he will contact the masonry contractor, -in order for critical
restoration of fireplaces and chimneys to proceed. Allegretto gives Nicetta masonry
contractor's phone number. To date, there is no evidence that Nicetta ever
contacted the masonry contractor. e_,�(_L 7 0< 'J�, po ?2c
Summer '02 Allegretto and Robak continue to improve house and landscaping.
Feb 13 `03 Allegretto sends letter to Nicetta requesting final inspection. Also states that
previous contractor (Buthmann) is no longer available. No reply from Nicetta.
Mar `03 Allegretto asks for assistance from Salisbury. Ducharme calls Allegretto and states
that after a conversation with Nicetta, Allegretto is to officially change contractor
to himself using form available at Building Department. It is also noted that Nicetta
ignored the February 2003 letter from Allegretto because he said Allegretto is not
the official contractor.
Apr 1 '03 Allegretto gives a new copy of the above-mentioned letter to Inspector Mike
McGuire who stated that no such letter was in the file.
Apr 1 '03 About 9:00 am, Allegretto submits contractor change form to McGuire, since
Nicetta is on vacation, and asks if all is in order and if anything else is needed.
McGuire states all is in order and nothing else is needed. Allegretto (now as
contractor) asks for inspection immediately. McGuire states that code requires the
inspection to be done in 3 days.
V
Apr 1 `03 Allegretto calls the Building Department the same afternoon and asks the secretary
if there is a form to fill out for this inspection. She states that there is no form and
that McGuire plans his own inspections. Allegretto asks that a message be written
to this effect and given to McGuire as proof of request for inspection on this day.
The secretary states that she will do this.
Apr 7 '03 McGuire calls Allegretto and states that final inspection deadline is within 10 days,
not 3, according to state building code. This means that the inspection should be
complete on or before April 10, 2003.
Apr 9 `03 Nicetta returns back from vacation.
Apr 10 `03 At 2:12 pm (12 minutes after Building Department closes), McGuire calls
Allegretto, leaving message stating that Nicetta requires a letter from previous
contractor (Buthmann) releasing contract to Allegretto. This was at the end of the
I Oh day in which the Department should have inspected, should have scheduled
inspection, or called Allegretto to explain why inspection cannot happen.
Incidentally, I have not found evidence of a requirement for a contractor to release
a contract to the person who hired that contractor in the first place. This action is
unnecessarily burdensome, and a possible conflict of interest.
Apr 11 `03 Allegretto calls Buthmann about the above, but learns that he is not available until
next week.
Apr 15 '03 Allegretto calls Buthmann and requests letter
May 1 '03 Letter is drafted by Buthmann, faxed to Allegretto the next day.
May 2 `03 Buthmann letter, and letter from Allegretto, hand delivered to McGuire by
Allegretto. McGuire states that he will see that Nicetta gets the letters.
11
It is now June 12, 2003, sixteen months after the first request for final inspection
towards a Certificate of Occupancy. All other town officials have signed off. There
is no evidence or reason to believe that the house does not meet occupancy
requirements.
As a final example of the utterly baffling nature of this problem, Nicetta said we
could not get a Certificate of Occupancy because the chimneys were not sealed. Yet
Nicetta refuses to sign a permit for the mason, in order for the work to be
completed. What are we to do?
Mr. Rees, I am truly at wits end. As a taxpaying, voting citizen of North Andover, I
want immediate resolution. I am forced to the conclusion that neither Nicetta nor
McGuire seem willing or able to carry out their duties. Moreover, I fear that this
current troublesome situation will seriously jeopardize my future applications for
permits from the Building Department. Much work remains to be done on our
important 300 -year-old house, which, by the way, is a candidate for inclusion on
the State Historic Register.
I am looking forward to discussing this with you in person within the next 10 days.
If, however, you feel that the matter cannot be resolved at the local level by then,
please supply me with contact information for a representative of the Massachusetts
State Board of Building Regulations and Standards.
With deep appreciation for your attention,
Robert S. Allegretto
125 Court Street
North Andover, MA 01845
781-820-6051
C.C. Charles Salisbury
Patricia Robak
Nicetta, Robert
From:
Santilli, Ray
Sent:
Thursday, July 17, 2003 1:40 AM
To:
Nicetta, Robert
Cc:
Griffin, Heidi
Subject:
125 Court Street
Hi Bob,
I have spoken to both Charlie Salisbury and Bob Allegretto about a meeting to discuss what remains to be done with 125
Court Street in order for an occupancy certificate to be issued I told them that you would have a list of outstanding issues
which remain to be addressed and Mr. Allegretto can either agree or claim that the issue is exempt as part of the historical
designation of the building. Mr. Allegretto asked if he can be provided with the list, before setting up the meeting, in order
to properly review it.
Could you please provide me with a comprehensive list of what you believe is required to be done at 125 Court Street
before the issuance of an occupancy certificate? I will then incorporate your list into a letter from me to Mr. Allegretto.
I'm on vacation next week so as long as I have something by the bang of the week of July 21". Thanks
Stint M
Assistant Town Manager
& Human Resources Director.
ix
C01WROL
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TOWN OF NORTH ANDOVER BUILDING DEPARTMENT
APPLICATIONTO CONSTRUCT REPAIR, RENOVATE, CHANGE THE USE OR OCCUPANCY OF, OR DEMOLISH ANY BUILDING
OTHER THAN A ONE OR TWO FAMILY DWELLING
5
77-,r�70'h Section for Official
is
57.
B Lf rLDfNG PERMIT NUMBER: DATE ISSUED: /M
SIGNATURE
Bw'lchn Conuiiissionerllnspector of tswlCungs Date
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Property Address:
1.2 Assessors Map and Parcel Number
Map Number
1.3 Zoning Information:
1.4 Property Dimensions:
Ze'_ing District Use
Lot Area (sf)
-Proposed
1.6 BUILDING SETBACKS (ft)
Front Yard
Side Yard
Rear Yard
Re aired
Provide
Required Provide .4—
Required Provided
9
Flood Zone Infomutio n:
Zone Outside Flood Zone 0
c> 0
1.8 Sewerage Disposal System:
Municipal 5Z On Site Disposal System 0
1.7 Water SupplyM.G.L.C.40. 54)
public')o( , Private
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2.1 Owner of Record
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Nam Address for Service:
Signature Telephone
2.2 Authorized Agent
-me P,nt Address for Service:
ignature Teleph6ne
ail Licensed Construction Supervisor
Not Applicable 0
Address
Lice risZ Number
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Li'Ansed Construction SuPer visor:—Expi—ration
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3.2 Registered Home Improvement Contractor
Not Applicable 0
a Y-2
Tompany Name
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' Name:
Signature
Name:
Address
Signature
Telephone
Name
Address
Signature Telephone
Name
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Signature
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13
Area of Responsibility
Registration Number
Expiration Date
Not applicable ❑
Registration Number
Expiration Date
Area of Responsibility
Registration Number
Expiration Date
Area of Responsibility
Registration Number
Expiration Date
Compayy Name: Not Applicable ❑
Responsible in Charge of Construction
Existing Building ❑ 1 Repair(s) ❑
ccessory Bldg. L I Demolition ❑ I Other ❑ Specify
,;Pf rlpgrnntinn of Prnnnsed Work:
Alterations(s) Cd 1 Addition
USE GROUP `Check as applicable)
CONSTRUCTION
TYPE
Assembly
❑
A-1 ❑
A-2 ❑ A-3
❑
IA
0
A-4 ❑
A-5 ❑
1 B
❑
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❑
2A
2B
2C
0
❑
11
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Factory ❑ F -I 0 F-2 ❑
I High Hazard
❑
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3B
11
0
Institutional ❑ I-1 ❑ I-2 0 I-3 ❑
Q Mercantile
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4
❑
residential
0
R-1 0
R-2 ❑ R-3
❑
5A
5B
❑
❑
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J Utility
0
Specify:
A Mixed Use
0
Specify:
Special Use
❑
Specify:
-OMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS, ADDITIONS AND OR CHANGE IN USE
;xisting Use Group:
Proposed Use Group:
xisting Hazard Index 780 CMR 34:
Proposed Hazard Index 780 CMR 34:
BUILDING AREA
Dumber of Floors or Stories Include
3asement levels
-loor Area per Floor (so
l'otal Area (sf) _
Coral Height (ft)
EXISTING (if
Independent Structural Engjneering Structural Peer Review Required Yes ❑ No ❑
SECTION 10a Owner Authorization - TO BE COMPLETED WHEN
OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT
161 M- FRAV
PROPOSED
Owner of the subject property
act on
My behalf, in all matters relative two work authorized by this building permit application
ignature of Owner ate /
I• 1 ,�r-� as (3x*nrr,'Authorizcd
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Agent
liereb� declare that the statements and information on the foregoing application are true and accurate. to the best of mN
knmk ledge and belief.
Signed under the pains and penalties of per un
Print Name
Si at re ofsr/Agent Da
Item
Estimated Cost (Dollars) to tx,,
USE ONLY
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Completed by pe:nnil applicant
1 Building
(a) Building Permit Fee.
Multiplier
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NO. OF STORIES
SIZE
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3RD
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GENERAL BUILDING NOTES/CHECKLIST- NOT LIMITED TO ITEMS BELOW
POST ALL LOT NUMBERS, ADDRESS, AND PERMIT (COPY OK)..or no inspections
INSPECTIONS: (Minimum) Excavation , Footing, Foundation, Frame, Insulation, Final.
FOOTING$: Continuous Full 2x4 Keyway --
Continuous strip footings for interior -columns
FOUNDATION: Rebar as required
Anchor bolts or straps
Damproofing
Foundation drain - pipe/stone/fabric filter/cover and outlet connection.
FRAME: Fireblock - over girts/plates between floor joist
Penetrations for plumbing, heat, elec, etc.
Walls at stair stringers.
Windbrace corners and center bearing partitions.
Size ridge to provide full bearing at rafter cuts.
Hip and Valley rafters - watch bearing at walls.
Ridge & Hip - Provide proper connections.
Cathedral roof rafters provide proper connections and use "Hurricane Clips" tie to plate.
Stair stringers - watch cuts and heal support.
Joist hangers - fully nailed w/ hanger nails.
Sill plates 2-2X6 (1 PT) w/sill seal.
Girts - solid brick or steel plate bearing at foundations
Y2 " air space at sides in foundation pockets.
Lateral bracing at ends.
Certified calculations. required for Beams/LVL's Trusses.
Solid bearing support for Headers/Beams etc.
Check headroom clearances - stairways, under beams
Attic Access. (min. 22x30 w/3' headroom above)..
Crawl space access. (min. 18x24).
Bath exhaust fans to have metal duct to exterior (not in soffit).
Firecode S/R wood frame of "0" clearance fireplaces & stoves
Window Schedule or Every Habitable Room Must Have:
Natural light equal to 8% of floor area.
Yz of required glazing shall be openable.
Bedrooms required min. 20x24 egress window or door.
Vent attic spaces - "proper vent", soffit and required ridge vents.
Firecode under stairs if used for storage '
FIREPLACES: Separate permit required.
Inspections at Footing - Smoke Chamber - Finish
Smooth parging, clean joints, 8" solid @ combust. Surf.
DECKS: Separate permit required:
Lag to house, provide flashing.
Rails min. 36 " high, Baluster max space 5" on center.
Over 8' above grade, use 6x6 posts w/lateral bracing.
Lag all posts and rails.
Pier footings down 48", Conc. pad at stair base.
FINISH: Handrails returned to wall/newall post.
Guardrails required alongside open cellar stairs.
Exterior grading complete.
Certificate or occupancy required prior to occupying structure.
Temporary Stairs required for inspection.
Re -inspection fee - $25.00 (Be Ready).
Certificate of occupancy required prior to occupying structure.
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OCT 3 1 2001 D
BUILDING DEPT.
GENERAL NOTES
1. ALL CONCRETE TO DEVELOP 3500 PSI AT 28 DAYS.
2. REINF. STEEL TO BE NEW BILLET, ASTM 615 GRADE 60.
RAY IF MAURHCIE ASS®C EATES
Structural IEn&eers9 Newbury, Mass.
--- VII I PROJECT; FOUNDATION FOR RELOCATED HOUSE
� k OF 44Ss c
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RAYTITLE: MOVED FROM 11 MARBLE RIDGE ROAD, N.A.
O MOND N
F. TO COURT STREET.
FITZMAURICE i
No. 7826yu
'0 Q.
DETAIL �o�Fs'S/OISTEt' DRAWING; FOUNDATION PLAN AND DETAILS
STRUCTURAL ONLY DATE; 5/15/01 DRAWING NO. 857/S-1
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MERRIMACK ENGINEERING SERVICE
66 Park Street
ANDOVER, MASSACHUSETTS 01810
JOB-�U-�JS7(1L�C1i �%CLSr�WCISC
SHEET NO. I OF I
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Town of Noah Andover
Office of the Building Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Febnnmy 15, 2002
Mr. Robert Budmwn
P0Box 193
Seabrook, NH 03874
RE: 125 Court Street
North Andover, MA
Dew Mr. Budimtmn:
Telephone (978) 688-9545
Fax (978) 688-4542
Fsckleed please &d a copy of the signed appy for CWtificate, of Ooapamay for tw
rimed loci.. The Conservation sign offlaote ink the "Owing ` comply
with a0 coniNtions, o utheed in the Order of Condidons, and sloes must be stabffmd as
soon as possW.
I wM be oat ofthe office from February 2e and wid ratan on Monday the 25s` Please
give rue a w% after this date, and we wM aftempt to pmt this project to `bed".
11solm for your cooperatim
Yours truly,
D. Robert P6oe1p
BOARD OF APPEALS 688A541 BUR.DM 688A543 CONSERVATION 688-9530 HEALTH 69"540 PLANNING 6M9535
CAP UNIT ADHERES
TO TOP _ U NIT
- N/VERSA-LOK
CONCRETE ADHESIVE
'VERSA -LO M DULAR=-
CONCRETE UNITS l
GRANULAR LEVELING PAD.
MIN. 67 THICK :
IMPERVIOUS FILL
12" DEEP
" DRAINAGE AGGREGATE '
Y2"I+TM{CK MIN.
4" DIA. DRAIN PIPE
OUTLET ® END OF WALL
OR ® 40' CENTERS MAX.
v
/o 99�--
s�Oz
W0 -D.
- -V - - ---
bLP zNj$nL- Gk -
-14
TOWN OF NORTH ANDOVER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
f NORT{{ q
Raymond T Santilli TEL (978) 688-9516
Assistant Town Manager FAX (978) 688-9556
& Human Resources Director 1'gSSaCHUSEith
July 31, 2003
ivir. Robert S. Allegretto
125 Court Street
North Andover, MA 01845
Dear Mr. Allegretto:
Your letter to Town Manager Mark Rees was forwarded to me for follow-up and response. As
mentioned during our telephone conversation, my intent is to assist you in getting a certificate of
occupancy to be able to fully occupy your home and not to rehash past actions. I have met several
times with the Building Commissioner, Robert Nicetta, to review your issues. I have also spoken to
Charles Salisbury for some background information.
I have asked Mr. Nicetta to compile a comprehensive list of the tasks that need to be accomplished
before final inspection and issuance of a certificate of occupancy. Rather than meeting to discuss
these tasks and respond to any questions you may have, you asked that the list be forwarded to you
and you would then decide if a meeting was necessary.
,• 1__. Ad.. XT],.,.a+.. T -P yo,&mi c� tn.maat in.YPv1 P.W and
Enclosed is the comprehensive list prepared oy 14r. iviwua- a y.,u --h meet revi _-..
discuss any of the tasks, please let me know and I will make the arrangements.
If I can be of any assistance in the future, please call me.
Sincerely,
7
Raymond T. Santilli
Assistant Town Manager
& Human Resources Director
Enclosure
cc., Mark Rees, Town Manager
Robert Nicetta, Building Commissioner
Mr. Charles Salisbury
'rown Of North Andover
office Of the Building Department
Community Development and Services Divisi®n
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
MEMORANDUM
To: Raymond J Santilli, Assistant Town Manager
From: Robert Nicetta, Building Commissioner 6D
Date: July 29, 2003
Re: Robert Allegretto Complaint
Telephone (978) 688-9545
Fax (978) 688-9542
To the best of my knowledge the Plumbing and Electrical inspections have been performed.
My last inspection revealed that the following had to be accomplished:
• Fimsh installing clapboards at the rear and side if the structure (to make weather
tight).
• Install front and rear steps for public safety.
• Fire stop void between the two sections of the structure when it was re -assembled
and fire stop any other vertical penetrations that may be observed Fire stop
between floor joists. Install 5/8" fire code drywall under cellar stairs. Pursuant to
Section 7, 8 and 36 of the Massachusetts State Building Code.
• Permanent supporting of the cantilever portion of the secondlevel at the rear or
The structure — facing Osgood Street. This portion of the structure has been
temporarily supported with two wooden posts approximately 12 to 14 feet in
height since 2001. This condition still exists —is dangerous and must be
corrected immediately. Chapter 125, Paragraph 125-6; B, (2), (10) of the Code
of the Town of North Andover states the following: "The following are
EXEMPT from review or control by the Commission. Sub -Paragraph (2) --
Actions required by a duly authorized public officer necessary for public safety
in the event of an unsafe or dangerous condition. Sub -Paragraph (10) — All
INTERIOR architectural features, and those EXTERIOR architectural features
which are not clearly visible from any public street, public way or public land
within the Old Center Historic District".
• The fireplace chimneys do not have clay flues. Pursuant to Massachusetts State
Building Code — Table 3610.4.1— Requirements For Masonry Fireplaces And
Chimneys "unlined chimneys are not allowed to be constructed in
Massachusetts". Therefore the chimneys must be lined and the fireplaces
verified for soundness prior to being allowed for use.
BOARD OF =1PPE.-ILS 688-9541. .BUIL.DING 68R 9545 CONSERVATION 688 9530 HEALTH 688-9540. PLANNING 688-9535
V
(2)
• . The approved Versa -Lok retaining wall and slope as designed by Merrimack
Engineering has not been installed. This design was approved by the building
departmert and has been changed to what presently exists on site without
approval. The slope grading has been changed with out approval.
Nicetta, Robert
From:
Santilli, Ray
Sent:
Thursday, July 17, 2003 1:40 AM
To:
Nicetta, Robert
Cc:
Griffin, Heidi
Subject:
125 Court Street
Hi Bob,
I have spoken to both Charlie Salisbury and Bob Allegretto about a meeting to discuss what remains to be done with 125
Court Street in order for an occupancy certificate to be issued. I told them that you would have a list of outstanding issues
which remain to be addressed and Mr. Allegretto can either agree or claim that the issue is exempt as part of the historical
designation of the building. Mr. Allegretto asked if he can be provided with the list, before setting up the meeting, in order
to properly review it.
Could you please provide me with a comprehensive list of what you believe is required to be done at 125 Court Street
before the issuance of an occupancy certificate? I will then incorporate your list into a letter from me to Mr. Allegretto.
I'm on vacation next week so as long as I have something by the beginning of the week of July 21 11. Thanks
Swim
Assistant Town Manager
& Human Resources Director
Nicetta, Robert
From:
Santilli, Ray
Sent:
Wednesday, June 18, 2003 7:32 AM
To:
Nicetta, Robert
Cc:
Griffin, Heidi
Subject:
Citizen Complaint
Hi Bob,
This office has received a letter of complaint from Robert Allegretto regarding the Building Department. This is in regards
to the historic house which was moved from Marbleridge Road to Court Street in April of 2001. I would like to schedule a
meeting with you in my office tomorrow ('Thursday) at 9:00a to discuss the matter. Please bring with you any pertinent file
(s).
NaV SwtU i
Assistant Town Manager
& Human Resources Director.
Atkv,,
r
r3cb C4.
Town of North Andover
Building Department -
27 Charles Street 4SS aCHUSE�
North Andover MA 01845
l, -f ��- M r s 5 a � 'e- If - t. o a. I;0 P it
Tel: 978-688-9545
HOMEOWNER LICENSE EXEMPTION
Please print.
DATE 3 - 3
JOB LOCATION / z L-� �� 2 T J i
Number Street Address
Section of Town
"HOMEOWNER /76? -7 ; �? -/3,/ 024% -6(- /
Number Home Phone Work Phone
PRESENT MAILING ADDRESS /Z-5- L,1-
/f/a,ef,V
. City Town State Zip Code
The current exemption for "homeowners" was extended to include owner -occupied dwellings
of six units or less and to allow such homeowners to engage an individual for hire who does
not possess a license, provided that the owner acts as supervisor. (State Building Code Section 109.1.1)
DEFINITION OF HOMEWOWNER:
Person(s) who owns a parcel of land on which he/she resides or intends to reside, on which
there is, or is intended to be, a one to six family dwelling, attached or detached structures ac-
cessory to such use and and/or farm structures. A person who constructs more than one home in a
two-year period shall not be considered a homeowner. Such "homeowner" shall submit to the Building Official,
a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the
building permit. (Section 109.1.1)
The undersigned "homeowner" assumes responsibility for compliance with the State Building Code and other
Applicable codes, by-laws, rules and regulations,
The undersigned "homeowner" certifies that he/she understands the Town of No. Andover
Building Department minimum inspection procedures and requiremen and that he/she will
comply with said procedures and requirem nt ,
Ao
HOMEOWNER'S SIGNATURE ' a " ` -�
APPROVAL OF BUILDING OFFICIAL w U. v
Note: Three family dwelling 35,000 cubic feet, or larger, will be required to co iith
I
State Building Code Section 127.0 Construction Control. APR 2003
BUILDING DEPT.
LL
i�c `d:"9_4 t r" A -L" r3c10 4 -
Tel: 978-688-9545
Please print.
i� DATE 3 3
Town of North Andover
Building Department
27 Charles Street
North Andover MA 01845
'i -- C o - a I (o 0-11
HOMEOWNER LICENSE EXEMPTION
JOB LOCATION— L d t7 J
Number c� Street Address Section of Town
"HOMEOWNER /76?'Z_ s–< 5�? –/S C// &2 –6crAS7/
Number Home Phone Work Phone
PRESENT MAILING ADDRESS
z6gf;y A�
City Town State zip Code
The current exemption for "homeowners" was extended to include owner -occupied dwellings
of six units or less and to allow such homeowners to engage an individual for hire who does
not possess a license, provided that the owner acts as supervisor. (State Building Code Section 109.1.1)
DEFINITION OF HOMEWOWNER:
Person(s) who owns a parcel of land on which he/she resides or intends to reside, on which
there is, or is intended to be, a one to six family dwelling, attached or detached structures ac-
cessory to such use and and/or farm structures. A person who constructs more than one home in a
two-year period shall not be considered a homeowner. Such "homeowner" shall submit to the Building Official,
a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the
building permit. (Section 109.1.1)
The undersigned "homeowner" assumes responsibility for compliance with the State Building Code and other
Applicable codes, by-laws, rules and regulations,
The undersigned "homeowner" certifies that he/she understands the Town of No. Andover
Building Department minimum inspection procedures and requirements and that he/she will
comply with said procedures and requirempnts�
HOMEOWNER'S SIGNATUR
APPROVAL OF BUILDING
Note: Three family dwelling 35,000 cubic feet, or larger, will be required to cofllith
State Building Code Section 127.0 Construction Control. APR – 2003
BUILDING DEPT.
APRIL 1, 2003
North Andover Building Department
27 Charles Street
North Andover, MA 01845
Please change the contractor on the125 Court Street project to Bob Allegretto,
homeowner. The previous contractor, Bob Buthmann is no longer available.
Thank ou
B6b egretto
125 Court Street
North Andover, MA 01845
781-820-6051
MAR -15-2002 06;45 PM BIRDINC 9783882590 P,O1
T
Office
community I
L), Robert Nlcetta
Building Commissioner
February 15, 2002
Mr. itobert 13ut1►Mm
193
. , _... _.
P®Box ..
Seabrook, NH 03874
RE: 125 Cowart Stmet
North .Andover, MA
Dear Mr, Budwwx:
'n of North Andover
the Building Department
rpia vment and Services Invision
27 Chary Street
Andover, Massachusetts 0184:9
d N
K", ."
`�a, ,.arm,. •f «
rte'•...,
m�
Telephone (978) 688-9545
Pax(978)688.9542
Enclowd please gad a copy of *c signed application for Catilicate of Qecupancy fOr the
referred Wauioo.. The congavoian sign off note indicates the follwng "Mast amply
Faith A editions owed in 4e Order of Conditions and slopes must be stabffized as
som as poss'sw.
i will be out of the ofoe f om f abruary 20* and wdl return on Monday the 2P. Please
give ane a call, aft this date, a d we will attaupt to put this project to -W,.
Ibmks for your cooperation. j
i
Yours tray,
D. Robert Nk-4 to
Buildautg Commissioner
i
I
i
CC: Ilam Gritlm, Di vaar CD�S
Mr. Charles Salisbury
RoAPD OF APPE.AI S 688-9541
I
i
i
BUILDING 6 089545
COMERV.A'PION 688.9530 HEJAL:M 688.9540 PLANNING 688.9535
MAR -15-2002 06:45 PM BIRDINC
Town of North Andover
Building Daparta ent
27 Chalos Strut
1 0"h A ldOacr, AM9MhU$C'1ts 01845
(978) 685-9545 Fax (9t 8) 689-9542
9783882580 P,02
110ttr
s�+c►1e1�•t"
ADDRESS
I.DT NilMI3ER �
.� _��� SUBDIVISION
DATEREQUMFMZD
DATE READY FOR INSPECTION _ T -
EM (s) DAYS NOm Mon To
ALL WORK AND SIGN-OFF'S!,MUST BE CONOLFTED wMMq TMS MAE
FRAW A RE -INSPECTION F�E OF TV1rk.N'TY»FIVE ($25.) DOLLARS WjtL BE
CHARGED IF TIE STRUCTIW DOES NOT 1VlM ALL APPLICABLE CODES.
,SIGNATURE .
CiA S Y
*rwY+�*r,awr+a��v+��rts�r�sww+Nw MfPleye�e►+YY�fMkA+6+ksHt+YV+A�4sst*per*1rsw���r:MSM�7+MM
11
ROUTING r
CONSERVATIU DATE Z. Ape
PLANIv'INC l -
_DATE ' ...�...,._�....
D.P.W. - R METE DATE
I
D,P.w, tirvsT INDICATE rxATi THE WATER METER B�ErI rNs�rALLED
P�=AISPECTION ST DATE.
Ar
/ DPW AUTHORI2'ATIoN
February 13, 2003
D. Robert Nicetta, Building Commissioner
BUILDING DEPARTMENT
27 CHARLES STREET
NORTH ANDOVER MA
Tel: 978-688-9545
Fax: 978-688-9542
Dear Mr. Nicetta:
It's been a number of months since we last discussed the project at 125 Court Street.
During the summer we ran into a serious financial situation, which caused a delay in
some of the work. (This situation is now under control again) As you may be aware,
however, we were able to complete the required grading and landscaping as ordered by
the Conservation Commission. At this point I am only awaiting an `As Built" by
Merrimack Engineering of Andover. That request went in to them back in late
September. Unfortunately, they got very busy, now it will have to wait until spring.
You will also notice that one of the doors to `nowhere' has been removed from the
kitchen wall. Also most of the exterior siding has been replaced. The winter season has
slowed down that progress.
We are now finishing some of the interior requirements such as fire stops. The basement
stairs have been finished with 5/8 drywall below and drywall was installed between the
dividing wall at the ceiling at the foot of the basement steps.
I would like to set up an appointment to finalize this project at your earliest convenience.
We did not finish our walkthrough last time as you were called away to a fire.
I would also like to move toward finalizing the fireplace and chimney restoration. Mr.
Richard Irons will be contacting you to discuss this, as a permit still must be granted.
As Bob Buthmann is no longer available to coordinate this effort, I would appreciate a
�-� call directly to arrange for the completion of this project and a signed occupancy permit.��
I'm copying Charlie Salisbury on this letter since the Historical Society has a vested
interest in the completion of this project.
Thank you,
Bob Allegretto
125 Court Street
Gzl — 781-820-6051
c.c. Charlie Salisbury
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
108.3.5.2 Exemptions from Construction
Supervisor License requirement: A
construction supervisor's license is not
required for:
1. roofing, siding, erection of rooftop solar
collectors, construction of swimming pools,
the erection of -signs, installation of
replacement windows not involving
structural modifications, the erection of
tents;
2. projects which are subject to
construction control (section 116.0);
3. agricultural buildings which are not
open to the public or otherwise made
available for public use;
4. Massachusetts registered engineers and
Massachusetts registered architects
provided such engineers. and/or architects
comply with the Construction Supervisor
oversight requirements set forth in 780
CMR R5 generally and 780 CMR
R5.2.12, as applicable;
5. the practice of any trade licensed by
agencies of the commonwealth (see M.G.L.
c.112, §81R), provided that any such work
is within the scope of said license,
including, but not limited to wiring,
plumbing gas fitting, fire protection
systems, pipefitting, HVAC and
refrigeration equipment.
108.3.5.3 No municipality shall be prohibited
from requiring a license for those individuals
engaged in directly supervising persons
engaged in construction, reconstruction,
alteration, repair, removal or demolition in
ADMINISTRATION
those categories of building and structures
for which the BBRS does not require a
license, provided that those municipalities
which have estab-lished licensing
requirements for construction supervisors
prior to January 1, 1975, may maintain their
existing licensing requirements.
108.3.011egistration of Home Improvement
Contractors: In accordance with the provisions
of M.G.L. c. 142A, no home improvement
contractor, or organization or firm shall be
involved in the improvement of any existing
owner occupied one to four family residential
building unless said home improvement
contractor has registered with the BBRS in
accordance with the rules and regulations for the
registration of Home Improvement Contractors as
set forth in 780 CMR R6.
108.3.7 Certification of Inspectors of Buildings,
Building Commissioners and Local Inspectors;
The rules and regulations for the Certification of
Inspectors of Buildings, Building Commissioners
and Local Inspectors shall be as set forth in
780 CMR R7.
108.4 Enforcement: Whoever violates the
provisions of 780 CMR 108.0 or any rules and
regulations promulgated hereunder, or who falsifies
or counterfeits a license, registration or certification
issued by the BBRS, or who fraudulently issues or
accepts such a license, registration or certification
shall be punished as provided in 780 CMR 118.0 or
shall be subject to any other penalty provided for by
law.
11/27/98 780 CMR - Sixth Edition 18.1
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
108.3.5.2 Exemptions from Construction
Supervisor License requirement: A
construction supervisor's license is not
required for:
y, 1. roofing, siding, erection of rooftop solar
collectors, construction of swimming pools,
the erection of -signs, installation of
replacement windows not involving
structural modifications, the erection of
tents;
2. projects which are subject to
construction control (section 116.0);
3. agricultural buildings which are not
open to the public or otherwise made
available for public use;
4. Massachusetts registered engineers and
Massachusetts registered architects
provided such engineers and/or architects
comply with the Construction Supervisor
oversight requirements set forth in 780
CMR R5 generally and 780 CMR
R5.2.12, as applicable;
5. the practice of any trade licensed by
agencies of the commonwealth (see M.G.L.
c.112, §81R), provided that any such work
is within the scope of said license,
including, but not limited to wiring,
plumbing gas fitting, fire protection
systems, pipefitting, HVAC and
refrigeration equipment.
108.3.5.3 No municipality shall be prohibited
from requiring a license for those individuals
engaged in directly supervising persons
engaged in construction, reconstruction,
alteration, repair, removal or demolition in
ADMINISTRATION
those categories of building and structures
for which the BBRS does not require a
license, provided that those municipalities
which have estab-lished licensing
requirements for construction supervisors
prior to January 1, 1975, may maintain their
existing licensing requirements.
108.3.6 Registration of Home Improvement
Contractors: In accordance with the provisions
of M.G.L. c. 142A, no home improvement
contractor, or organization or firm shall be
involved in the improvement of any existing
owner occupied one to four family residential
building unless said home improvement
contractor has registered with the BBRS in
accordance with the rules and regulations for the
registration of Home Improvement Contractors as
set forth in 780 CMR R6.
108.3.7 Certification of Inspectors of Buildings,
Building Commissioners and Local Inspectors;
The rules and regulations for the Certification of
Inspectors of Buildings, Building Commissioners
and Local Inspectors shall be as set forth in
780 CMR R7.
108.4 Enforcement: Whoever violates the
provisions of 780 CMR 108.0 or any rules and
regulations promulgated hereunder, or who falsifies
or counterfeits a license, registration or certification
issued by the BBRS, or who fraudulently issues or
accepts such a license, registration or certification
shall be punished as provided in 780 CMR 118.0 or
shall be subject to any other penalty provided for by
law.
11/27/98 780 CMR - Sixth Edition 18.1
/ MAY -02-2003
i
12:38 AM BIRDINC
9783882590 P101
Igvftmaat Realty Developrnnt Inc.
B01193
ScOftwilt, NN 03874
178-5904169 FAX 978,,-2590
Bob Allergmto 3lllli3
125 Court St.
North Andover, MA
01845
Dear Bob,
Atour
y Bequest 1 am writing to cxxtif� that all conditions of I.he contract to satisfy HtC registration
"(
108. 3.6 MSBC } `has been satisfied, 1 The contract was for work performed on the building now located at
125 Court St. North Andover MA,
Sincerely,
R. P. Buthmann
Michael McGuire, Building Inspector May 1, 2003
Building Department
27 Charles Street
North Andover, MA 01845
Dear Mr. McGuire:
As per your request, the attached letter is from Bob Buthmann, the contractor
during the house move. Mr. Buthmann has completed his responsibilities on this
project and is no longer available to continue. As of April 1, 2003 the Building Dept
should work directly with me, the homeowner.
Thank you,
Bob Allegretto
125 Court St.
North Andover, MA 01845
781-820-6051
(978-258-1391)
February 13, 2003
D. Robert Nicetta, Building Commissioner
BUILDING DEPARTMENT
27 CHARLES STREET
NORTH ANDOVER MA
Tel: 978-688-9545
Fax: 978-688-9542
Dear Mr. Nicetta:
It's been a number of months since we last discussed the project at 125 Court Street.
During the summer we ran into a serious financial situation, which caused a delay in
some of the work. (This situation is now under control again) As you may be aware,
however, we were able to complete the required grading and landscaping as ordered by
the Conservation Commission. At this point I am only awaiting an `As Built" by
Merrimack Engineering of Andover. That request went in to them back in late
September. Unfortunately, they got very busy, now it will have to wait until spring.
You will also notice that one of the doors to `nowhere' has been removed from the
kitchen wall. Also most of the exterior siding has been replaced. The winter season has
slowed down that progress.
We are now finishing some of the interior requirements such as fire stops. The basement
stairs have been finished with 5/8 drywall below and drywall was installed between the
dividing wall at the ceiling at the foot of the basement steps.
I would like to set up an appointment to finalize this project at your earliest convenience.
We did not finish our walkthrough last time as you were called away to a fire.
I would also like to move toward finalizing the fireplace and chimney restoration. Mr.
Richard Irons will be contacting you to discuss this, as a permit still must be granted.
As Bob Buthmann is no longer available to coordinate this effort, I would appreciate a
call directly to arrange for the completion of this project and a signed occupancy permit.
I'm copying Charlie Salisbury on this letter since the Historical Society has a vested
interest in the completion of this project.
Tha u,
Bob legfe o
125 Court Street
781-820-6051
c.c. Charlie Salisbury '"
O
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-DIVISION 1
Chapter 125
HISTORIC DISTRICT
Page 51 of 90
[HISTORY: Adopted by the Town of North Andover May 4, 1987 Annual Town Meeting, Article 15. Amendments
noted where applicable.]
§
125-1
Title
§
125-2
Purpose
§
125-3
Establishment
§
125-4
, Historic District Commission
§
125-5
Powers and Duties of Commission
§
125-6
Limitations and Exemptions
§
125-7
Procedures
§
125-8
Town to be Subject to Provisions
§
125-9
Amendments
§
125-10
Severability
§
125-11
When Effective
125-1 Title
This chapter shall be known and may be cited as the "North Andover Old Center Historic
District Bylaw" and is adopted pursuant to Chapter 40C of the General Laws of the Commonwealth of
Massachusetts, as amended.
125-2 Purpose
The purpose of this chapter is to promote the educational, cultural, economic and general
welfare of the public through the preservation and protection of distinctive historical and architectural
characteristics of buildings and places in the Old Center area of the Town of North Andover through the
maintenance and improvement of such buildings and places and the encouragement of appropriate and
compatible design in this area.
125-3 Establishment.
There is hereby established under the provisions of Chapter 40C of the General Laws an
historic district to be known as the "Old Center Historic District" which district shall be bounded as
shown on the map entitled "North Andover Old Center Historic District, 1987" attached and made part
of this chapter. L1
§ 125-4 Historic District Commission.
There is hereby established under Chapter 40C of the General Laws an Historic District
Commission consisting of seven (7) members and two (2) alternate members, all residents of the Town
of North Andover, appointed by the Board of Selectme ; including one (1) member, where possible,
from two (2) nominees submitted by the North Andover istorical Commission; one (1) member, where
possible, from two (2) nominees submitted by the North =over Historical Society; one (1) member,
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where possible from two (2) nominees submitted by the Greater Lawrence Board of Realtors; one (1)
member, where possible, from two (2) nominees, submitted by the Massachusetts State Chapter of the
American Institute of Architects; and one (1) member who is both a resident of and owner of property in
the Old Center Historic District. The Board of Selectmen shall submit written requests for nominations
to the organizations named herein. If no nomination has been made within thirty (30) days after
submitting a request, the Selectmen may proceed without waiting for the requested nomination. When
the Commission is first established, three (3) members shall be appointed for three-year terms, two (2)
members and one (1) alternate member shall be appointed for two-year terms and two (2) members and
one (1) alternate member shall be appointed for one-year terms.
Successors shall each be appointed for. a term. of. three (3) years. Vacancies shall be filled
within sixty (60) days by the Board of Selectmen by appointment for the unexpired term. In the case of
absence, inability to act or unwillingness to act because of self-interest by a member, the Chairman may
designate an alternate member of the Commission to act for a specified time. If any member is absent
from three (3) consecutive Commission meetings, the Chairman may appoint an alternate member as a
replacement to serve for the remainder of that member's term, whereupon the Board of Selectmen shall
appoint a new alternate member. Each member and alternate member shall continue in office until his
or her successor is duly appointed. All members and alternate members shall serve without
compensation. The Commission shall elect annually a Chairman and a Vice Chairman from its own
number and a Secretary from within or without its number. Meetings of the Commission shall be held
only if attended by a quorum of at least five (5) members, including alternate members designated to act
as members. If the Chairman is absent from a meeting of the Commission, the Vice Chairman shall act
as Chairman. Decisions of the Commission at a meeting require a majority vote of the members,
including designated alternates, who are present at the meeting..
§ 125-5 Powers and Duties of Commission.
A. The Commission shall have all the powers and duties of Historic District Commissions
as provided by the Historic District Act, General Laws, Chapter 40C, and by subsequent
amendments thereto, unless specifically limited by this chapter. The Commission may adopt
rules and regulations not inconsistent with the provisions of the Historic District Act. The
Commission may, subject to appropriation, employ clerical and technical assistants or
consultants and incur other expenses appropriates to the carrying on of its work.
B. The Commission shall: have control over new construction, reconstruction, alterations,
relocation and demolition of all exterior architectural features of buildings and structures within
the Old Center Historic District which are clearly visible from any public street, public way or
public land within the district, except as limitedby this chapter. The terms used in this chapter
shall have meanings set forth in Massachusetts General Laws C.40C, Sec. 5. For purposes of
this chapter, any structure partially within the Historic District shall be considered wholly within
the district.
C. In passing upon matters before it the Commission shall consider, among other things,
the historical and,..:archttecturl value and significance of the site, building or structure, the
general.=design arrangement of the features involved and the relation of such features to similar
features of buildings and structures in the surrounding area.
§ 125-6 Limitations and Exemptions.
A. The Commission shall not act to prevent .or unnecessarily delay new construction,
reconstruction or alterations except for the purpose of preventing developments incongruous to
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historical considerations and architectural features of value, viewed in relation to the surrounding
area.
B. The following are exempt? from review or control by the Commission (except as
specifically noted):
1. Ordinary maintenance, repair or replacement of any external architectural features if
this does not involve a change in design or materials.
2. Actions required by a duly authorized public officer necessary for public safety in the
event of an unsafe or dangerous conditions.
3. Landscaping with plants, trees, or shrubs.
4. Terraces, walks, sidewalks, driveways and other similar structures, provided that the
structure is at grade level. (Parking lots require Commission review.)
5. Storm doors and windows, screen doors and windows, window air conditioners,
residential light fixtures and conventional antennae no larger than six (6) feet in any
dimension. (Dish antennae and solar collectors require Commission review.)
6. Paint color and roofing material.
7. Temporary signs or structures to be in use for not more than ninety (90) days.
8. Signs used for residential occupation or professional purposes, of not more than one(1)
square foot in area, provided that no more than one (1) sign is displayed on or near any
one (1) building or structure and the sign consists of lettering painted on wood without a
symbol or trademark. (Signs for commercial and institutional purposes require
Commission review.)
9. Reconstruction substantially similar in exterior design of a building, structure or
exterior architectural feature damaged or destroyed by fire, storm or other calamity,
provided that such reconstruction is begun within one (1) year thereafter and is carried
forward with due diligence.
10. All interior architectural features, and those exterior architectural features which are
'not clearly visible from any public street, public way or public land within the Old Cent ier
Historic District.
125-7 Procedures.
A. Except as this chapter provides in Section 125-6, no building. or structure within .the
Historic District shall be constructed" or altered in any way that affects exterior architectural
features unless the Commission shall first have issued a certificate of :appropriateness, .
ccrtificate "of nonappli,cal ility or a certificate of hardship with respect to such construction or
alteration..Nor shall any. building pernut for demolition: be issued for any buildin"g or structure
within the Historic District until the certificate required- by this section has been issued by the
Commission.
B. Applications for certificates shall be made in tr1.iplicate; one (1.) copy being filed with
the Historic District Commission, one- (1) with the Building Inspector and one (1) with the Town
Clerk. Applications shall include plans and elevations, drawn to scale, detailed enough to show
architectural design of the structure and its relation to the existing building, and other materials
deemed necessary by the Commission. Plot and site plans should be filed when an application is
made for improvements involving applicable landscape features such as walls and fences. In
case of demolition or removal, the application must include a statement of the proposed
condition and appearance of the property thereafter.
C. Within fourteen (14) days of the filing of an application for any certificate, the
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Commission shall determine whether the application involves any features which are subject to
approval by the Commission.
D. If the application requires the Commission's review or, at the request of the applicant,
the Commission shall hold a public hearing, unless waived according to the provision of Chapter
40C of the General Laws as amended. Public notice of the time, place and purpose of the
hearing shall be given at least fourteen (14) days in advance and the Commission must notify by
mail affected parties as provided in Chapter 40C of the General Laws as amended.
E. The Commission shall decide upon the determination of any application within sixty
(60) days of its filing or within such further time as the applicant may allow in writing.
F. A certificate of appropriateness shall be issued to the applicant if the Commission
determines that the proposed construction or alteration will be appropriate for or compatible with
the preservation or protection of the Historic District. In the case of a disapproval of an
application for a certificate of appropriateness, the Commission shall place upon its records the
reasons for such determination and shall forthwith cause a notice of its determinations,
accompanied by a copy of the reasons therefor as set forth in the records of the Commission, to
be issued to the applicant, and the Commission may` make recommendations to the applicant
with respect to appropriateness of design. Prior to the issuance of any disapproval the
Commission may notify the applicant of its proposed action, accompanied by recommendations
of changes in the applicant's proposal which, if made would make the application acceptable to
the Commission. If, within fourteen (14) days of the receipt of such notice, the applicant files a
written modification of his application in conformity with the recommended changes of the
Commission, the Commission shall issue a certificate of appropriateness to the applicant.
G. Upon request, the Commission may issue a certificate of non -applicability to any
applicant whose request does not require Commission approval.
H. If an application is deemed inappropriate or if application is made for a certificate of
hardship, the Commission may issue a certificate of hardship if conditions especially affecting
the building or structure involved, but not affecting the Historic District generally, would make
failure to approve an application, involve a substantial hardship, financial or otherwise, to the
applicant and approval would not involve substantial detriment to the public welfare. A
certificate of .hardship shall also be issued in the event that the Commission does not make a
determination of an application within the time specified in Subsection E.
I. Each certificate shall be dated and signed, and the Commission shall keep a permanent
record of its determinations and of the vote of each member participating therein, and shall file a
copy or notice of certificate and determinations of disapproval with the Town Clerk and the
Building Inspector.
J. Any person aggrieved may, within twenty (20) days of the decision by the
Commission, appeal to a superior court sitting in equity. The Commission must pay costs if it
appears to the court that the Commission has acted with gross negligence, bad faith or malice.
K. Violation of any of the provisions of this chapter shall incur a fine of not less than ten
dollars ($10) nor more than one hundred dollars ($100) as determined by the Commission, each
day constituting a separate offense.
§ 125-8 Town to be Subject to Provisions
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The Town of North Andover shall be subject to the provisions of this chapter
notwithstanding any town bylaw to the contrary.
§ 125-9 Amendments.
This chapter may be amended from time to time by a two-thirds vote of the Town
Meeting, subject to the procedures as set forth in Massachusetts General Laws C.40C, Sec. 3.
§ 125-10 Severability.
In case any section, paragraph or part of this chapter be for any reason declared invalid or
unconstitutional by any court of last resort, every other section, paragraph or part shall continue in full
force and effect.
§ 125-11 When Effective
Following Town Meeting approval, this chapter takes effect immediately when the
following conditions have been met: approval by the Attorney General of. the Commonwealth; and filing
of a map of the boundaries of the Historic District with the North Andover Town Clerk, the North
Andover Building Inspector and the Registry of Deeds for North Essex County.
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3.4 Historic Districts (1987/16)
Historic Districts established pursuant to the provisions of M.G.L Chapter 40C, as may be
from time to time amended, shall be indicated on the Zoning Map by appropriate symbol..
27
AMERICAN SOCIETY FOR AMATEUR ARCHAEOLOGY
q P.O. Box 821
North Andover, MA
{- 01845-
April 21, 2004 ,
Mark H. Rees,
Town Manager
Town of North Andover
120 Main Street t -
North Andover, Massachusetts 01845
Dear Mr. Rees:
Thank you for your recent letter notifying me that my
term of service as member of the Cold Center Historic
District Commission is set to expire on June 30, 2004.
I would be pleased to serve one more term provided that
the Chairman of our Commission is agreeable. I have made a
sincere effort to make every meeting and to give input to
the decision-making process. It seems to me that the
Committee is performing credibly.
Let me also take this opportunity to express my concern
about another matter, viz., the historic home owned and
being carefully restored by Bob Allegrotto and Ticia Robak.
As you will recall, this home -- formerly owned by Ted
Leland -- was moved to its present site two years ago.
This amazing dwelling, the only 17th century structure to
have survived time and destructive Indian wars in our Town,
is a gem of our Historic District.
Therefore, it comes as a rude shock to learn that the
owners have no certificate of occupancy despite the fact
they have been taxpayers for quite some time!
What is the cause of this problem? I have been inside
the Allegrotto-Robak home and inspected all the careful
alterations and restorations they have made; I fail to
understand why a certificate has not been issued.
We can ill afford to see Allegrotto and Robak given
a "cold shoulder" and set adrift. They should be encouraged
in their meticulous labors. It seems to me that the Town
could have the courtesy of granting them what they seek?
Please if you have some perspective about this problem,
share it with me. I intend to bring up the matter with the
Commission in the near future. Being an owner of an historic
home myself (erected 1834), I am deeply concerned.
Thank you.
Sincerely,
Richard Michael Graml-
.to 14L r dI
�l
zL;a
May 24, 2004
To: Heidi Cmffin
Cc: Donna Mae D'Agata
From: Bob Nicetta
Re: Historic Home
Bob Allegretto
125 Court Street
Heidi: My e-mail is down, however, I have the following brief comments on the above.
1. Mr. Allegretto has occupied the house since the fall/ winter of 2001.
2. Mr. Allegretto has been working on the house without benefit of a building
permit as of the above date to the present time.
3. The occupant has made interior and exterior structural changes without
notifying the building department.
4. The occupant would like to finish capping two existing chimneys above the
roofline. I will not allow this to proceed until Mr. Allegretto lines the interior
of both flues with a metal liner and a licensed mason contractor must
accomplish the work.
5. Mr. Allegretto changed the original location of slopes and retaining wall as
shown on the site approved site plan that was submitted by the building
moving contractor for the moving permit.
6. At one section a double door has been placed through the foundation wall.
The foundation footing at this point does not have proper earth freeze cover.
The Town Manager prior to September 2001 assigned all future conversation and
correspondence on the above subject between Mr. Allegretto and Nicetta to Assistant
Town Manager Santilli. I have enclosed copies that were given to Mr. Santili for you
review.
Town of North Andover
Office of the Building Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
MEMORANDUM
To: Raymond T. Santilli, Assistant Town Mara er
From: Robert Nicetta, Building Commission
Date: October 4, 2003
Re: Robert Allegretto Complaint
I will be brief in my response of Mr. Allegretto's latest correspondence to you.
Telephone (978) 688-9545
Fax (978) 688-9542
• Mr. Allegretto has occupied the structure since the fall/winter of 2001.
• A building permit was only issued of the foundation for the relocated
structure.
• No building permit has been issued for any other work on the structure.
• No masonry permit has been issued for the work required on the chimneys or
fireplaces.
• The certified slope foundation protecting the foundation wall has been
changed.
• The Building Commissioner's correspondence of June 22, 2003 (copy
enclosed) will remain a part of this report.
The State Building Code Appeals Board has final jurisdiction on this matter. For Mr.
Allegretto's use, I have enclosed the State Building Code Appeals Board — Appeal
Application Form.
Cc: John J. McCarthy
State Building Inspector.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Town of North Andover
Office of the Building Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
MEMORANDUM
To: Raymond J. Santilli, Assistant Town
From: Robert Nicetta, Building Commissioner
Date: June 22, 2003
Re: Robert Allegretto Complaint
Following is my response:
Telephone (978) 688-9545
Fax (978) 688-9542
Building Permit #198 for a foundation for the relocated structure was issued on May 14,
2001. The description of the proposed work in the application states "new foundation to
receive Historic Building". The permit was issued to .the North Andover Historical
Society / Robert Burthmann Construction. As this was a town structure, the permit fee
was waived Mr. Allegretto applied for and received Electric and Plumbing permits. Mr.
Allegretto, as owned', has not applied for a Building permit to complete the renovation.
Mr. Robert Btrthmann applied for the building permit under his Construction Supervisor
License #CS 028557.. Mr. Buthmaffi supervised under his license Payne Construction
who was the building mover and the foundation contractor. The building permit was
for the foundation only. Please see enclosed ITEM # 1.
2. The front of the building permit card states in boxed letters "SEE REVERSE SIDE".
Continuous Strip Footings for Interior Columns appears under Footings. Please see
enclosed ITEM #2.
The Preliminary Foundation and Details Plan as prepared by Ray Fitzmaunce Associates,
Structural Engineers, Newbury, MA and dated: 5/15/2001, Drawing No. 857 / S-1
indicates of the foundatim plan that three columns are approximately 4 feet to 4 feet six
inches on center and one approximately eight feet six inches on center. Additionally,
four columns are approximately twelve inches an cater. It would be impossible to form
and cast these footings individually. Note that this detail although dated 5/15/01 was not
received in the Building Department. unrtil October 31, 2001. Please see ITEM #3.
3. Ma=ch 14, 2003 —An inspectim for a Certificate of Occupancy was performed At this
time the following was still to be completed-
BOARD
ompleted
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
(2)
Finish installing clapboards rear and side of structure (to make weather tight)
Install front and rear steps (public safety).
Fire stop void left between the two sections of the structure when it was re -assembled and
other through penetrations. Install 5/8" fire code drywall under cellar stairs. Fire stop
between floor joist (occupant safety).
Finish supporting of second level on Osgood Street side of house, which is the rear from
Court Street. This portion of the house cantilevers approximately 10 to 12 feetand has
been supported by temporary wooden posts approximately 12 to 14 fed in height without
any type of bracing, This temporary support has been in place smce 2001 when the
structure was placed an the new foundation. It is dangerous and must be corrected
immediately with permanent support or foundation. For safety reasons this must be
completed prior to the issuance of the Certificate of Occupancy.
4. 1 phoned Ricard Irons, the mason who resides in Maine, a minimum of four times and
left a message on his voice mail. The first call was answered and he said he would be
coming into the building office. He has never appeared and never answered my other
messages.
5. In lieu of the approved 40 inch high Versa-lok retaining wall a low boulder wall has been
installed The approved Versa-lok retaining wall is necessary in order to install the
approved slopes as designed. The slopes will wash out if not constructed as per the
engineered drawing and the foundation will be m danger, earth will also wash into the
wetlands. Please see ITEM #4. (Conservation Administrator letter of 6/18/03 included).
6. Copy of Mr. Allegretto's letter of February 13,2003 states, "during the summer we ran
into a serious financial situation which caused a delay in some of the work". Please see
ITEM #5.
7. Copy of Mr. Allegretto's Homeowner License Exemption, dated: 3/31/03. This .
Exemption allows hien to act as the "construction supervisor". A building permit must be
obtained in order to place the permanent support or foundation under the cantilevered
second story of the house. The building permit fee will be waived Please see ITEM #6..
(An engineered drawing may be necessary to accomplish this task). Also Mr. Allegretto
did not hire contractor Buthmann--the North Andover Historical Society did..
8. Mr. Allegretto has to the best of my knowledge occupied the structure since December of
2001 without the benefit of a Certificate of Occupancy. Under the circumstance it is
difficult to understand the frustration.
I explained the complaint and circumstance to District State Inspector John McCarthy on Friday,
June 20`h I stated that I was uncomfortable issuing a full Certificate of Occupancy for a Historic
Building that was moved to its new location m two pieces, and because of its designation was
exempt from having to be brought entirely up to current code standards. I did state that I might, if
I feel comfortable, issue a conditional Certificate of Occupancy. State Inspector McCarthy stated
(3)
if I did not feel comfortable that I did not have to issue the CofO, but a conditional one could be
issued if I sor desired: Setting the structure on the foundation does not trigger the issuance of a
temporary Certificate of Occupancy.
A permit for the Chimneys / Fireplaces was also discussed with Inspector McCarthy. It was
explained that in order for the two building pieces to be moved that the chimneys had to be
removed to the roofline. The dimneys were constructed without flue linings and the building
code requires flue linings. It was also stated that I could not see if any structural defects had
occurred to the masonry during the building move. I stated to Inspector McCarthy that the
cbimney tops may be rebuilt but I would condition the Certificate of Occupancy that the
Chimneys and Fireplaces would have to be sealed off and not used. Inspector McCarthy
concurred.
Town of North Andover
Office of the Building Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
MEMORANDUM
To: Raymond J. Santilh, Assistant Town Mmmer
From: Robert Nicetta, Building Commissioner
Date: June 22, 2003
Re: Robert Allegretto Complaint
Following is my response:
Telephone (978) 688-9545
Fax (978) 688-9542
1. Binding Permit #198 for a foundation for the relocated structure was issued on May 14,
2001. The description'of the proposed work in the application states "new foundation to
receive F istoric Budding„ . The pemrit was issued to the North Andover Historical
Society/ Robert Buthmann Construction. tion. As this was a town structure, the permit fee
was waived. Mr. Allegretto applied for and received Eectric and Plumbing permits. Mr.
Allegretto, as owner, has not applied for a Building permit to complete the renovation.
Mr. Robert Buthmann.applied for the building peanut under his Construction Supervisor
License #CS 028557.. Mr. Buthmann supervised under his license Payne Construction
who was the building mover and the foundation contractor. The bmld mg permit was
for the foundation only. Please see enclosed ITEM # 1.
2. The front of the building permit card states in boxed letters "SEE REVERSE SIDE".
Continuous Strip Footings for Interior Columns appears under Footings. Please see
enclosed rMM #2.
The Preliminary Foundation and Details Plan as prepared by Ray Fitzmaudce Associates,
Structural Engineers, Newbury, MAand dated: 5/15/2001, Drawing No. 857 / S-1
indicates am► the foundatim plan that three columns are approximately 4 feet to 4 feet six
inches an center and one approximately eight feet six inches an center. Additionally,
four columns are approximately twelve inches on center. It would be impossible to form
and cast these footings individually. Note that this detail although dated 5/15/01 was not
resc eived in the Building Department. until October 31, 2001. Please see rM4 #3.
3. March 14; 2003 — An inspection for a Certificate of Occupancy was performed. At this
time the following was still to be completed:
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
(2)
Finish installing clapboards rear and side of structure (to make weather tight).
Install front and rear steps (public safety).
Fire stop void left between the two sections of the structure when it was re -assembled and
other through penetrations. Install 5/8" fire code drywall under. cellar stairs. Fire stop
between floor joist (occupant saftY)
Finish supporting of second level on Osgood Street side of house, which is the rear from
Court Street. This portion of the house cantilevers approximately 10 to 12 feet and has
been supported by temporary wooded posts approximately 12 to 14 feet in height without
any type of bracing, This temporary support has bem in place sauce 2001 when the
structure was placed on the new foundation. It is dangerous and must be corrected
immediately with permanent support or foundation. For safety reasons this must be
completed prior to the issuance of the Certificate of Occupancy.
4. 1 phoned Richard Irons, the mason who resides in Maine, a minimum of four times and
left a message on his voice mail. The first tali was answered and he said he would be
coming into the building office. He has never appeared and never answered my other
messages.
5. In lieu of the approved 40 inch high Versa-lok retaining wall a low boulder wall has been
installed. The approved. Versa-lok retaining wall is necessary in order to install the
approved slopes as. designed The slopes will wash out if not constructed as per the
engineered drawing and the foundation will be in danger, earth will also wash into the
wetlands. Please see ITEM #4. (Conservation Administrator letter of 6/18/03 induded).
6. Copy of Mr. Allegretto's letter of February 13,2003 states, "during the.summer we ran
into a serious financial situation which caused a delay in some of the,work". Please see
MM #5.
?. Copy of Mr. Allegretto's Homeowner License Exemption, dated 3/31/03. This
Exemption allows him to act as the "construction supervisor". A building.permit must. be
obtained in order to place the permanent support or foundation under the cantilevered
second story of the house. The building permit fee will be waived. Please see ITEM #6..
(An engineered. drawing may, be necessary to accomplish this task). Also Mr. Allegretto
did not hire contractor Bi thmami—the North Andover Historical Society did..
8. Mr. Allegretto has to the best of my lmowledge occupied the structure since Deoenibea of
2001 without the benefit of a Certificate of Occupancy. Under the circumstance it is
difficult to understand the. frustration.
I explained the complaint and circumstance to District State. Inspector John McCarthy'on Friday,
June 2& I stated that I was uncomfortable issuing a fu 11 Certificate of Occupancy for a Iiistoric
Building that was moved to its new location in two pieces, and because of its designation was
exempt from having to be brought entirely up to current code standards. I did state that I might, if
I feel comfortable, issue a conditional Certificate of Occupancy. State Inspector McCarthy stated
(3)
if I did not feel comfortable that I did not have to issue the Cof O, but a conditional one could be
issued if I so desired. Suing the structure an the foundation does not trigger the issuance of a
temporary Certificate of Qccupancy.
A permit for the Chimneys / Fireplaces was also discussed with hispector McCarthy. It was
explained that in order for the two building pieces to be moved that the chimneys had to be
removed to the roofline. The chimneys were constructed without flue linings and the building
code requires flue linings.. It was also stated that I could not see if any structural defects bad
occurred to the masonry during the building move. I stated to Inspector McCarthy that the
fey tops may be rebuilt but I would condition the Certificate of Occupancy that the
Chimneys and Fireplaces would have to be sealed off and not used. Inspector McCarthy
concurred.
. . -780 CMR: STATE BOARD OF BUILDING REGULATIONS. AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
, 9
WILLIAM F. W= 10E17AYO7SU7SUMI
G-
ICATi0.M M. 0100LB THOMAS L ROGFStS
S--. V TEL: (617) =,I= FAX: (6171 :..^7.1751
.ST4TEBUIL:DING:CODE:APP.EALSBOARD-11LING.INSTRUCTIONS `<:::.;
1Yote '.AQpesii:are.Ldd.pursuctnt to 801 CMR 1.02 IaformaUFairHearing Ruler
The procedure outlined below must be followed when filing a Building Code Appeal:
1. The appellant must be in receipt of a letter of denial from the local Budding.Official. as required under.
780 CMR 111.1 ofthe State Building Code. An appeal must be filed within 45 days of the date of the letter
of denial. An appeal may be filed either with the local Building Code Appeals Board, if one has been
established,.or directly with the State Building Code Appeals Board.
2. Two documents are required to be completed by the appellant or his/her representative - the Appeal
Application Form (2 pages) and the Service Notice (1 page).
The Service Notice, which gives notice to the building official that an appeal is being filed, should include
the date appearing on the appeal form and the name and address of the Building Official under the section
"PERSON/AGENCY SERVED" The Method. of Service should list one of the following procedures as
set forth in Section 121.2.1 of the State Building Code,
A. Personally; or
B. Registered or Certified Mail, return receipt requested; or
C. By any person authorized to serve civil process.
The Date of Service is the date when a copy of the appeal is delivered or mailed to the Building Official
or other parry entitled.
The Service Notice must be signed by the appellant or his/ller.representative and the signature must be
notarized. _
The Appeal Application Form. (2 pages) must be completed in total. The application will be reviewed
for completeness prior to. a hearing being scheduled. Applications determined to be incomplete will be
returned to the applicant for correction. Questions relating to completing the application should be
directed to .your local building department or this office.
3. 9= complete copy of the appeal filing, including the raj of the Service Notice, must be delivered
to the Building Official or the official entitled. F.= complete copies of the appeal filing, including the
original plus three copies of the Appeal Application form, four copies of the Service, Notice and four copies
of the letter of denial, together with a check for $150.00 (filing fee)payable to the Commonwealth of
Massachusetts must be filed with this ofi5ce, if the appeal is made directly to the State Building Code
Appeals Board.. (Filing fee requirements for filings before a local Building Code Appeals Board may diger
from the fees prescribed for submission to the State Building Code Appeals Board).
678 780 CMR - Sixth Edition 2/7/97 (Effective 2/28/97)
780 CMR: STATE BOARD,OF BUILDING REGULATIONS AND STANDARDS
APPENDIX B
Yal+
1M.NTAROTStITSUMI
WILLIAM F. WELD
Comm
urmmmv. THOMAS U ROGERS
. SNPM" TEL (017) 727= FAX- (BIT,) W-1754
STATE USE
Fee Received- STATE BUILDING CODE APPEALS BOARD
Check No.: APPEAL APPLICATION FORM
Received By:
DOCKET NUI%1BEIL- DATE:
(State Use Only)
The undersigned hereby appeals to the State Board of Building Regulations and, Standards from.the,46cision
of the:
Building Official from the City/Town of
Board ofAppeals from the City/Town of
Other Municipal Agency/Official entitled -
State Agency/Official entitled:
OTBER:-
Dated: 19 , having been aggrieved by such (check as appropriate)
Interpretation o -Order o Requirement . o Direction o
Failure to Act o Other o Explain
All lIpprorinte- rade section- must be identified- All written supporting -documentation must be
submitted with this application. Parties may present written -material at the hearing. However, the
Board reserves the right to continue the proceeding. If such material warrants extensive review.
State Briefly desired relief.-
APPELLANT:
ADDRESS FOR SERVICE:
Telephone No.
ADDRESS OF SUBJECT PROPERTY:
APPEI1ANrS CONNECTION TO SUBJECT PROPERTY:
SIGNATURE OF APPELLANT/REPRESENTATIVE (NAME - PLEASE PRINT)
2/7/97 (Effective 2/29197) 7810 CMR - Sixth Edition 679
n
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
DESCRIPTION OF BUILDING OR STRUCTURE RELATIVE T0. THE MASSACHUSETTS
STATE BUILDING CODE 780 CMR 6th EDITION): (Check as appropriate)
1
Check Here TBuilding is a One or Two Farnily Dwelling 12 Proceed to section entitled "Brief Description
of the Proposed Work' - Do not complete the tables below
DESCF.UMON.OF PROPOSED."WORK (chccicall<4pplicahlc)
A-4 ❑ A-5 O
New Constructiora
Existing Buildingo
Repairs) o Alteration(s) a Addition. a
Accessory Bldg. 0
Demolition o
Other o Specify:
Brief Description of Proposed Work:
❑
O
M M==nUle ❑
4
O
R Residential o R-1 O R-2 ❑ R-3 O L
S Storage ❑ S-1 ❑ S-2 O
,USE.GROUP:AND CONSTRUCZTON<TYPE�: r
USE GROUP (Check as applicable) CONSTRUCTION TYPE
A Assembly I ❑ A-1 n A-2 ❑ A -f n IA n
680 780 CMR - Sixth Edition 2/7/97 (Effective 2/28/97)
A-4 ❑ A-5 O
18
❑
B Business O
E Educational O
F Factory ❑ F-1 ❑ F-2 O
2A
2B
2C
p
❑
❑
H High Hazard O
I Institutional ❑ I -L O I-2 ❑ I-3 ❑
3A
3B
❑
O
M M==nUle ❑
4
O
R Residential o R-1 O R-2 ❑ R-3 O L
S Storage ❑ S-1 ❑ S-2 O
SA
SB
O
O
V Utility ❑ Specify -
M Mixed Use O Specify:
S Special Use O Specify. -
COMPI E'IEaT sBUII:DINGTINDERGOlNG:REN
:.. •,ADDITI.O N S :::.
......:.: ........ .... ..::a;:G.'::.: .:.:.:::.:.fi AND f Alt CFIANGE:IN USE
Existing Use Group: Proposed Use Group:
Existing Hazard Indere (780 CMR 34): Proposed Hazard Index (780 CMR 34):
;.�
BUIL DING: HEIG iM
ii'I' AND w
BUIIAING AREA Existing (if applicable)
Proposed
Number of F loom or stories include
basement levels
Floor Area per Floor (s!)
Total Area (4
Total Height (RJ
Brief Description of the Proposed Work:
680 780 CMR - Sixth Edition 2/7/97 (Effective 2/28/97)
I
730 CIVR: STATE BOARD OF BUILDING REGULATIONS.AND STAINDARDS
APPENMIX B
g (em� C� 5°
WILUAM F. WELD�j KENTARO TSTI'SUMI
)U7i�'IF'`�'1 .L1. OTOOI'c THOMAS L ROCEFS
S — TEL: (917; 7:7 -a= FAX: (617, T-1754 dd"�""""
.�..
STATE BUILDING CODE APPEALS BOARD - SERVICE NOTICE
I, , as for the
Appellant/Petitioner in an appeal Fled with the
State Building Code Appeals Board or. 19
HEREBY SWEAR UNDER THE PAINS AND PENALTIES OF PERJURY THAT III ACCORDANCE
WITH THE PROCEDURES ADOPTED BY THE STATE BOARD OF BUILDING REGULATIONS AND
STrLWARDS AND SECTION 122.3.1 OF THE STATE BUILDING CODE, I SERVED OR CAUSED TO
BE SERVED, A COPY OF THIS APPEAL. APPLICATION ON THE FOLLOWFNG PERSON(S) TI THE
FOLLOWING MANNER;
NAME AND ADDRESS OF
PFRSON/A(-jF`1CY SFRyFT) IMFTHQD (7F SER VICE
Si-m-irr: APPS?.L ANT.PE T ITIONE2
On the Dav of
BEFORE NE THE ABOVE NAIv1ED
DATE QF SFR. VTC=
19 PERSONALLY APPEARED
(Type or Print the Name of the Appellant)
AND ACKNOWLEDGED AND SWORE THE ABOVE STATEMENTS TO BE TRUE
NOTARY PUBLIC
2/7/97 (Efffective _/28/97)
MY COMMISSION EXPIRES
780 Cwt - Sixth Edition
691
7
-780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
SAL& 6.�0
WILLIAM F. WELD //���� ,�,, KEN-rAYO TSUTSUMI
��„r ..f%Od�lJ/L, .,i1l:QdddU71ldClld �Z>�8
KATHLEEN M. 0700LE THOMA .S L ROGFRS
TEL: (617) iZ -.ZW FAX: (61 71 = • 17,54
ST_4TE BUILDING:COD E APPEALS BOARD-.FTLING.INSTRUCTIONS
Note.'Appe2b:are held pursuant to 801 CMR 1.02'1nfurm21/F2ir Hearing Rides
The procedure outlined below must be followed when filing a Building Code Appeal.-
1.
ppeal:
1. The appellant must be in receipt of a letter of denial from the local Building Official as required under
780 CMR 111.1 of the State Building Code. An appeal must be filed within 45 days of the date of the letter
of denial. An appeal may be filed either with the local Building Code Appeals Board, if one has been
established, or directly with the State Building Code Appeals Board.
2. Two documents are required to be completed by the appellant or his/her representative - the Appeal
Application Form (2 pages) and the Service Notice (1 page).
The Service Notice, which gives notice to the building official that an appeal is being filed, should include
the date appearing on the appeal form and the name and address of the Building Official under the section
"PERSON/AGENCY SERVED" -The Method of Service should list one of the following procedures as
set forth in Section 121.2.1 of the State Building Code.
A. Personally; or
B. Registered or Certified Mail, return receipt requested; or
C. By any person authorized to serve civil process.
The Date of Service is the date when a copy of the appeal is delivered or mailed to the Building Official
or other party entitled.
The Service Notice must be signed by the appellant or his/her. representative and the signature must be
notarized.
The Appeal Application Form (2 pages) must be completed in total. The application will be reviewed
for completeness prior to a hearing being scheduled. Applications determined to be incomplete will be
returned to the applicant for correction. Questions relating to completing the application should be
directed to your local building department or this office.
3. Q= complete copy of the appeal filing, including the sinal of the Service Notice, must be delivered
to the Building Official or the official entitled. E= complete copies of the appeal filing, including the
original plus three copies of the Appeal Application form, four copies of the Service Notice and four copies
of the letter of denial, together with a check for $150.00 (filing fee)payable to the Commonwealth of
Massachusetts must be filed with this office, if the appeal is made directly to the State Building Code
Appeals Board. (Filing fee requirements for filings before a local Building Code Appeals Board may differ
from the fees prescribed for submission to the State Building Code Appeals Board).
678
780 CMR - Sixth Edition 2!7/97 (Effective 2/28/97)
780 CMR: STATE BOARD. OF BUILDING REGULATIONS AND STANDARDS
APPENDIX B
0010e
��
(9 W-, 0P:& 0/ -Aar-
® ' SAAk 'e .L a - �wnL eso" IDrtVrA1i0 iSVTSUMI
WILLIAM F. WELD G� y� OZ>OB �...
Cw�.rr
KATHLM )A. 07MLE THOMAS L ROGERS
s awn TEL: (ATT) 7274M FAX (61e) 227.1751
STATE T TSE ONLY
Fee Received:
Check No.:
Received By:
DOCKET NUMBER:
STATE BUILDING CODE APPEALS BOARD
APPEAL APPLICATION FORM
DATE:
(State Use Only)
The undersigned hereby appeals to the State Board of Building Regulations and Standards from.the decision
of the:
Building Official from the City/Town of
Board of Appeals from the City/Town of
Other Municipal Agency/Official entitled:
State Agency/Official entitled:
OTBERR:
Dated: 19 having been aggrieved by such (check as appropriate)
Interpretation o Order o Requirement . o Direction o
Failure to Act o Other o Explain
All appropriate code sections must be identified. All gin supporting documentation must be
submitted with this application. Parties may present writtenmaterial at the hearing. However, the
Board reserves the right to continue the proceeding it such material warrants extensive review.
State Briefly desired relief.
APPELLANT:
ADDRESS FOR SERVICE:
Telephone No.
ADDRESS OF SUBJECT PROPERTY:
APPELLANTS CONNECTION TO SUBJECT PROPERTY:
SIGNATURE OF APPEUANTIREPRESENTATIVE
(NAME - PLEASE PRUM
2/7/97 (Effective 2/28/97) 780 CMR - Sixth Edition
679
P
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
14 THE MASSACHUSETTS STATE BUILDING CODE
DESCRIPTION OF BUILDING OR STRUCTURE RELATIVE TO, THE MASSACHUSETTS
STATE BUILDING CODE (780 CMR 6th EDITION): (Check as aoorooriate)
Check Here if Building is a One or Two Family Dwelling ❑ Proceed to section entitled "Brief Description
of the Proposed Work' - Do not complete the tables below
DESCRIPTION.OF PROPOSED WORK (check. alLapplicahle) ...:
USE. GROUP AND :CONSTRUCTION:TYPE...:.:.:.:.,.;'
New Constructioic E:dsting Building❑
Repairs) ❑ Ahcration(s) ❑ I Addition ❑
Accessory Bldg. c
Demolition ❑
Other ❑ Specify:
Brief Description of Proposed Work:
A Assembly
O A-1 ❑ A-2 ❑ A-3 O
A-4 O A-5 O
1A
is
O
O
680 780 CMA. - Sixth Edition 2/7/97 (Eller ive 2/28/97)
USE. GROUP AND :CONSTRUCTION:TYPE...:.:.:.:.,.;'
USE GROUP (Check as applicable)
CONSTRUCTION TYPE
A Assembly
O A-1 ❑ A-2 ❑ A-3 O
A-4 O A-5 O
1A
is
O
O
B Business
O
24
2B
2C
O
❑
❑
E Educational
O
F Factory
❑ F-1 ❑ F-2 ❑
H High Hazard
❑
3A
3B
❑
❑
I Institutional
❑ 1-1 ❑ I-2 ❑ 1-310
M Mercantile
❑
4
O
R Residential
❑ R-1 O R-2 O R-3 ❑
SA
5B
❑
❑
S Storage
❑ S 1 ❑ 5-2 ❑
U UtWty
❑ Specify.
M Mixed Use
❑ Specify.
S Special Use
O Specify:
COMPI� IE :THIS SECTION IF:;EXLS=G:'.BUlLZING:-=ERGOING: REN0vATI.ONs, ADDITIONS :.:::.
?iND jOR CHANGE:IN USE
Existing Use Group:
Existing Hazard Index (780 CMR 34):
Proposed Use Group:
Proposed Hazard Index (780 CMR 34):
BUILDING HEIGHT.AND AREA ;' ...... '
BUILDING AREA
Existing (if applicable)
Proposed
Number of Floors or stories include
basement levels
Floor Area per Floor (sfl
Total Area (sfl
Total Height (ft)
Brief Desorption of the Proposed Work:
680 780 CMA. - Sixth Edition 2/7/97 (Eller ive 2/28/97)
r
730 CivIR: STATE BOARD OF BUILDING REGULATIONS AND STAINDARDS
APPENDIX B
WILL AN( F. WELD FE]TAROTSLTSt:>it
co . o,
KArrUZEN M. 07,001.2 THOMAS L. ROGERS
5-- TEL: (617;—^_ 3'Jo FAC: (617,=7-1754 ^d""""`"'
STATE BUILDIt`IG CODE APPEALS BOARD - SERVICE \OTICE
as
Appellant/Petitioner
State Building Code Appeals Board or.
19
for the
in an appeal filed with the
HEREBY SWEAR UNDER THE PAINS AND PENALTIES OF PERJURY THAT IN ACCORDANCE
WITH THE PROCEDURES ADOPTED BY THE STATE BOARD OF BUILDING REGULATIONS AND
STAN -DARDS AND SECTION 133.3.1 OF THE STATE BU1LDLNG CODE, I SERVED OR CAUSED TO
BE SERVED, A COPY OF THIS APPEAL. APPLICATION ON THE FOLLOWTNG PERSONS) IN THE
FOLLOWING M,VN-ER:
NAME AND ADDRESS OF
P=g s nN.,/ -^.C,EyC'y SFRyF� ti1ETHC)L) C)F RFR VICE pa? - rnp �F.P.vTC=
Simawre: APPE'_::LYf.PE1I iZONER
On the I Day of
BEFORE NNE THE ABOVE NAMED
19 ,PERSONALLY APPEARED
(Type or Print the Name of the Appellant)
AND ACKNOWLcDGED AAID SWORE T -HE ABOVE STATEMENTS TO BE TRUE.
NOTARY PUBLIC
MY COMMISSION ECIUZES
217/97 (Effective 2/28/97) 780 C\I(a - Sixth Edition 6s I
ti -780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
71
o
!/ir<i .S2G wr - ✓!actin /so"
WI111AM F. WELD (jfO='08 10ENTAYI7M1
KATHLEE'1 M. CIMLE THOMAS L ROGERS
s---. TEL: (917) 727-3= FAX: (9111 •1751
Ak-
ST_4TE BUILDING CODEAPPEALSBOAR.D - FILING: INSTRUCTIONS
Note:.Appe2b:are held purwant:to 801 CMR 1.02 Inform2aairHe3ring Rules'
The procedure outlined below must be followed when filing a Building Code Appeal:
1. The appellant must be in receipt of a letter of denial from the local Building Official as required under
780 CMR 111.1 of the State Building Code. An appeal must be filed within 45 days of the date of the letter
of denial. An appeal maybe filed either with the local Building Code Appeals Board, if one has been
established, or directly with the State Building Code Appeals Board.
2. Two documents are required to be completed by the appellant or his/her representative - the Appeal
Application Form (2 pages) and the Service Notice (1 page).
The Service Notice, which gives notice to the building official that an appeal is being filed, should include
the daze appearing on the appeal form and the name and address of the Building Official under the section
"PERSON/AGENCY SERVED" - he Method of Service should list one of the following procedures as
set forth in Section 121.2.1 of the State Building Code,
A. Personally; or
B. Registered or Certified Mail, return receipt requested; or
C. By any person authorized to serve civil process.
The Date of Service is the date when a copy of the appeal is delivered or mailed to the Building Official
or other parry entitled.
The Service Notice must be signed by the appellant or his/her. representative and the signature must be
notarized. _
The Appeal Application Form (2 pages) must be completed in total. The application will be reviewed
for completeness prior to a hearing being scheduled. Applications determined to be incomplete will be
returned to the applicant for correction. Questions relating to completing the application should be
directed to your local building department or this office.
3. Q= complete copy of the appeal filing, including the sternal of the Service Notice, must be delivered
to the Building Official or the official entitled. E= complete copies of the appeal filing, including the
original plus three copies of the Appeal Application form, four copies of the Service.Notice and four copies
of the letter of denial, together with a check for $150.00 (filing fee)payable to the Commonwealth of
Massachusetts must be filed with this office, if the appeal is made directly to the State Building Code
Appeals Board. (Filing fee requirements for filings before a local Building Code Appeals Board may differ
from the fees prescribed for submission to the State Building Code Appeals Board).
678 780 CMR - Sixth Edition 2/7/97 (Effective 2/28/97)
780 CMR: STATE BOARD, OF BUILDING REGULATIONS AND STANDARDS
APPENDIX B
J
�i2G,}!!d/tQ[[Ir�G/GJIGLYi - ✓!!JO//L���7 KENTAR�rUTSUMI
WILLIAM F. WELD G�Od�a+r
Gv a
XATFMW M. 07OOLE THOMAS L ROGERS
seam." TEL. (ern 7V32W FAX (617) 427-1751
,STATE USE ONLY
Fee Received: STATE BUILDING CODE APPEALS BOARD
Check No.: APPEAL APPLICATION FORM
Received By:
DOCKET NUMBER: DATE:
(State Use Only)
The undersigned hereby appeals to the State Board of Building Regulations and Standards from.the decision
of the:
Building Official from the CiVrown of.
Board ofAppeals from the City/Town of:
Other Municipal Agency/Official entitled:
State Agency/Official entitled:
OTHER:-
Dated:
THER:
Dated: ' 19 , having been aggrieved by such (check as appropriate)
Interpretation o Order o Requirement . o Direction o
Failure to Act o Other o Explain
All appropriate cede sections must be identified- All written supporting :documentation must be
submitted with this application. Parties may present written: material at the hearing. However, the
Board reserves the right to continue the proceeding it such material warrants extensive review.
State Briefly desired relief
Filj j �6
ADDRESS FOR SERVICE:
Telephone No.
ADDRESS OF SUBJECT PROPERTY:
APPELLANTS CONNECTION TO SUBJECT PROPERTY:
SIGNATURE OF APPELI.ANT/REPRESENTATIVE
(NAME - PLEASE PRVM
2/7/97 (Effective 2/28/97) 780 CMR - Sixth Edition 679
r
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
DESCRIPTION OF BUILDING OR STRUCTURE RELATIVE TO THE MASSACHUSETTS
STATE BUILDING CODE (780 CMR 6th EDITION): (Check as appropriate)
Check Here if Building is a One or Two Family Dwelling ❑ Proceed to section entitled "Brief Description
of the Proposed Wont' - Do not complete the tables below
DESCRI MONLOF PROPOSED'>WORg (eiieck. all::applirahl
New Construction
E:dsting Building❑
Repairs) ❑ Alteration(s) ❑ Addition ❑
Accessory Bldg. o
Demolition ❑
Other ❑ Specify.
Brief Description of Proposed Work:
I:BUIIDING<HEIGHTANDAE2EA?`<
BUnDING AREA Existing (if applicable) Proposed 1
Number of Floors or stories include
basement levels
Floor Area per Floor (sn
Total Area (sn
Total Height (ft)
Brief Description of the Proposed work:
680 780 CMR - Sixth Edition 2/7/97 (Effer ive 2/28/97)
I
730 COIR: STATE BOARD OF BUILDING REGULATIONS. AND STAINDARDS
APPENDIX B
WILLIAM F. WELD KEN7AR0TSL7S(:NI
0n(os
a,.;,,,,.,,
KATHUMt N. OTOOL—c THOMAS L AOCERS
S—w TEL: (61T' , :-7-= FAX: (617r =7-1754 Aa"'"•'•"•
I STATE BUILDING CODE APPEALS BOARD - SERVTCE N OTICE
as for the
AppellanvPetitioner in an appeal filed with the
State Building Code Appeals Board or. 19
HEREBY SWEAR UNDER THE PAINS AND PENALTIES OF PERJURY THAT IN ACCORDANCE
WITH THE PROCEDURES ADOPTED BY THE STATE BOARD OF BUILDING REGULATIONS AND
STANDARDS AND SECTION 122.3.1 OF THE STATE BUILDING CODE, I SERVED OR CAUSED TO
BE SERVED, A COPY OF THIS APPEAL. APPLICATION ON THE FOLLOWT\G PERSON(S) IN THE
FOLLOWING MANNER:
NAME AND ADDRESS OF
p= t¢nN/-,,C,F11C Y eyF?7 ,fFTHQp nF IFRyK-F DA -17- nF'F.R_VTC=
Si -2=a jr: APPELL.-NN'LTETITIONER
On the Day of 19 , PERSONALLY APPEARED
BEFORE ME THE ABOVE NiAjmED
(Type or Print the Name of the Appellant)
AND ACKNOWLEDGED AND SWORE TIS ABOVE STATE.'v¢VTS TO BE TRU'.
NOTARY PUBLIC
2/7197 (Effective 2!28/97)
MY CONevOSSION E., TIRES
780 CNM - Sixth Edition
691
Town of North Andover
Office of the Building Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
MEMORANDUM
To: Raymond J. Santilli, Assistant Town er
?)
From: Robert Nicetta, Building Commissioner
Date: June 22, 2003
Re: Robert Allegretto Complaint
Following is my response:
Telephone (978) 688-9545
Fax (978) 688-9542
Building Permit # 198 for a foundation for the relocated structure was issued on May 14,
2001. The description of the proposed work in the application states "new foundation to
receive Historic Building". The permit was issued to the North Andover Historical
Society / Robert Buthmann Construction. As this was a town structure, the permit fee
was waived. Mr. Allegretto applied for and received Electric and Plumbing permits. Mr.
Allegretto, as owner, has not applied for a Building permit to complete the renovation.
Mr. Robert Buthmann applied for the building permit under his Construction Supervisor
License #CS 028557. Mr. Butbmann supervised under his license Payne Construction
who was the building mover and the foundation contractor. The budding permit was
for the foundation only. Please see enclosed ITEM # 1.
2. The front of the building permit card states in boxed letters "SEE REVERSE SIDE".
Continuous Strip Footings for Interior Columns appears under Footings. Please see
enclosed ITEM #2.
The Preliminary Foundation and Details Plan as prepared by Ray Fitzmaunce Associates,
Structural Engineers, Newbury, MA and dated: 5/15/2001, Drawing No. 857 / S-1
indicates on the foundation plan that three columns are approximately 4 feet to 4 feet six
inches on center and one approximately eight feet six inches on center. Additionally,
four columns are approximately twelve inches on center. It would be impossible to form
and cast these footings individually. Note that this detail although dated 5/15/01 was not
received in the Building Department until October 31, 2001. Please see ITEM #3.
3. March 14, 2003 — An inspection for a Certificate of Occupancy was performed At this
time the following was still to be completed:
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANTNgNG 688-9535
(2)
Finish installing clapboards rear and side of structure (to make weather tight)
Install front and rear steps (public safety).
Fire stop void left between the two sections of the structure when it was re -assembled and
other through penetrations. Install 5/8" fire code drywall under cellar stairs. Fire stop
between floor joist (occupant safety).
Finish supporting of second level on Osgood Street side of house, which is the rear from
Court Street. This portion of the house cantilevers approximately 10 to 12 feet and has
been supported by temporary wooden posts approximately 12 to 14 feet in height without
any type of bracing. This temporary support has been in place since 2001 when the
structure was placed on the new foundation. It is dangerous and must be corrected
immediately with permanent support or foundation. For safety reasons this must be
completed prior to the issuance of the Certificate of Occupancy.
4. I phoned Richard Irons, the mason who resides in Maine, a minimum of four times and
left a message on his voice mail. The first call was answered and he said he would be
coming into the building office. He has never appeared and never answered my other
messages.
5. In lieu of the approved 40 inch high Versa-lok ruining wall a low boulder wall has been
installed The approved Versa-lok retaining wall is necessary in order to install the
approved slopes as designed. The slopes will wash out if not constructed as per the
engineered drawing and the foundation will be in danger, earth will also wash into the
wetlands. Please see ITEM #4. (Conservation Administrator letter of 6/18/03 included).
6. Copy of Mr. Allegretto's letter of February 13,2003 states, "during the summer we ran
into a serious financial situation which caused a delay in some of the work". Please see
ITEM #5.
7. Copy of Mr. Allegretto's Homeowner License Exemption, dated 3/31/03. This
Exemption allows him to act as the "construction supervisor". A building permit must be
obtained m order to place the permanent support or foundation under the cantilevered
second story of the house. The building permit fee will be waived Please see ITEM #6..
(An engineered drawing may be necessary to accomplish this task). Also Mr. Allegretto
did not hire contractor Buthmann—the North Andover Historical Society did.
8. Mr. Allegretto has to the best of my knowledge occupied the structure since December of
2001 without the benefit of a Certificate of Occupancy. Under the circumstance it is
difficult to understand the frustration.
I explained the complaint and circumstance to District State Inspector John McCarthy on Friday,
June 20'' I. stated that I was uncomfortable issuing a full Certificate of Occupancy for a Historic
Building that was moved to its new location in two pieces, and because of its designation was
exempt from having to be brought entirely up to current code standards. I did state that I might, if
I feel comfortable, issue a conditional Certificate of Occupancy. State Inspector McCarthy stated
44
(3)
if I did not feel comfortable that I did not have to issue the CofO, but a conditional one could be
issued if I so desired. Setting the structure on the foundation does not trigger the issuance of a
temporary Certificate of Occupancy.
A permit for the Chimneys / Fireplaces was also discussed with Inspector McCarthy. It was
explained that in order for the two building pieces to be moved that the chimneys had to be
removed to the roof tine. The chimneys were constructed without flue linings and the building
code requires flue linings. It was also stated that I could not see if any structural defects bad
occurred to the masonry during the building move. I stated to Inspector McCarthy that the
chimney tops may be rebuilt but I would condition the Certificate of Occupancy that the
Chimneys and Fireplaces would have to be sealed off and not used. Inspector McCarthy
concurred.
August 18, 2003
Mr. Raymond J. Santilli, Assistant Town Manager
Town of North Andover
400 Osgood Street
North Andover, MA 01845
Dear Mr. Santilli:
Thank you for your letter of July 31, 2003 addressing our problems with the North Andover Building
Department. I appreciate finally seeing Mr. Nicetta's inspection issues. My responses to them are enclosed
with this letter.
After months of delays while waiting for a response from the North Andover Building Department, I have had
to schedule additional work to be done in September of this year. This work was scheduled in May of 2003
when I realized that I was getting nowhere with the North Andover Building Department. The scheduled work
will address most, if not all, of the issues mentioned in Mr. Nicetta's list. Please understand that this work was
postponed for over a year while we waited for the Building Department to finish our inspection.
When this project began, I was assured by my contractor that we would be able to get a temporary occupancy
permit which would allow us to continue working on the structure while living in it. The months of July
through November of 2001 were spent preparing the house for temporary occupancy.
By December 2001, it became apparent that no such permit would be issued. At this point, however, with the
exception of the building inspector, all of the other officials signed off. We were compelled by circumstances -
and financial exigency - to physically occupy our house at that time, in order to protect it from further
deterioration and.vandalism. Our only other alternative was total abandonment of the whole project, which
would have resulted in an unsafe, problematic eyesore.
I hope you can understand our logical, practical reasons for moving into our home when we did. This house
project is clearly a special case, involving the issues of building code exemptions for a historic structure, and
no change in the purpose or level of occupancy from the house's prior site.
As co-owners of this property, Patricia Robak and I were very glad to receive your letter establishing
communication with the North Andover Building Department and we are looking forward to working with you
to resolve our situation. After a review of this letter and my updated information regarding the inspection
items, please contact me so that we can finalize this matter.
Ve ly ou
obert legretto
125 Court Street
North Andover, MA 01845
978-258-1391 Home
781-820-6051 Cell
C.C., Mark Rees, Town Manager
Robert Nicetta, Building Commissioner RECEIVED
Mr. Charles Salisbury
AUG 2 0 2003
BUILDING DEPT.
Responses of Robert S. Allegretto (homeowner/contractor) to building code issues at 125 Court
Street cited by D. Robert Nicetta in a memorandum to Raymond J. Santilli dated July 29, 2003 and
based on an in-person inspection conducted by Mr. Nicetta in April 2002.
• Finish installing clapboards at the rear and side if the structure (to make weather tight)
Some final sill adjustments will be made in early September 2003. After this work is
complete, the siding will be installed. This work was delayed while waiting for responses
from the North Andover Building Department.
• Install front and rear steps for public safety.
The only steps not yet in place will descend from a currently -barred and unused narrow
French door in the west fagade (facing Osgood St.) When construction of the screened porch
(see diagram below) is complete, the door will open into the enclosed area with two steps
down to its floor.
Another exterior door on this side of the house which Mr. Nicetta viewed in April of 2002,
was removed last fall and replaced with a window.
Proposed completion of west facade (facing Osgood St.) at 125 Court St
• Fire stop void between the two sections of the structure when it was re -assembled and fire
stop any other vertical penetrations that may be observed Fire stop between floor joists
Install 5/8"fire code drywall under cellar stairs Pursuant to Section 7, 8 and 36 of the
Massachusetts State Building Code.
The void between the two structures has been filled on the first floor with continuous lengths
of 2x6's and a high temperature fire blanketing material has been installed. The second floor
will also have the stops added and fire blanketing material added after that area has been re -
leveled. This work will be done in September 2003. This work was delayed while waiting for
responses from the North Andover Building Department.
In most cases, this house does not have floor joists. It is 17th and 18th century construction
mixed with construction of the 19th and 20th centuries. Floors in a 17th —18th century house
"float"; they are not fixed to the wall structure. Modifying this will jeopardize the historic
architecture of the structure, protected under preservation restrictions in our house deed.
5/8" fire code drywall has been installed under cellar stairs.
Permanent supporting of the cantilever portion of the second level at the rear of The
structure —facing Osgood Street. This portion of the structure has been temporarily
supported with two wooded posts approximately 12 to 14 feet in height since 2001. This
condition still exists — is dangerous and must be corrected immediately. (Remainder of
paragraph omitted for the purposes of this letter)
The posts that are currently under the overhanging section of the house will be replaced as
part of the September 2003 work project. The original posts holding up this structure were
actually much smaller than the ones there now. The middle post was made up of two 2 x 4s
and the corner post was made up of three 2 x 6s. The posts currently in place are stronger and
better supporting than before. They are currently 10' and 11' tall, not 12'-14'. Once the
September work is done, the bases for these posts will be raised. The grade has already been
raised to make the posts shorter. Both posts will be a maximum of 10' tall. The corner post
will remain a solid 8" x 8" and the replacement center post will also be 8" x 8". In addition,
two more posts will be added at the two adjacent faces of the house. These added 4" x 8"
posts were not in the original construction. The posts will be permanently fixed at this time.
• The fireplace chimneys do not have clay f lues Pursuant to Massachusetts State Building
Code — Table 3610.4.1— Requirements For Masonry Fireplaces And Chimneys "unlined
chimneys are not allowed to be constructed in Massachusetts': Therefore the chimneys
must be lined and the fireplaces verified for soundness prior to being allowed for use.
The chimneys in this house already exist, which means they are not being constructed, but
reconditioned. Pursuant to Massachusetts State Building Code — Table 3409.3.2 State
Building Core exceptions, # 5 "Masonry — repair or in kind replacement of masonry units as
part of an existing system (ie., brick, stone, terra cotta, concrete and stucco) shall be
permitted." Additionally, the residents of this home certainly understand that the fireplaces
are not to be used until they are professionally reconditioned. This stipulation was made clear
to the Fire Marshall prior to the Fire Departments sign -off.
• The approved Versa -Lok retaining wall and slope as designed by Merrimack Engineering
has not been installed The design was approved by the building department and has been
changed to what presently exists on site without approval The slope grading has been
changed with out approval
The Versa -Lok wall was changed to a rip -rap dry stone wall because it is better suited to the
historic site. When the Conservation Commission Chairperson questioned the lack of a completed
wall last summer, I explained this change. The Conservation Chairperson never informed me that
a formal change must be submitted. I now realize that a formal change must be submitted to the
Conservation Commission for final approval. To the best of my knowledge, the Versa -Lok
material is not a requirement for this type of retaining wall. Moreover, the Massachusetts Historic
Commission and the North Andover Historic District Commission advocated the change.
The height of the wall has been reduced due to the modified grading near the house, thereby
eliminating the need for an engineered wall. The slope grading was also changed to better suit the
needs of the site. It was almost impossible to predict the slope and grade as laid out by Merrimack
Engineering in 2001. The modified grade is much lower and less steep than the proposed grade.
Also, the area near the double cellar doors has a much lower grade since the grade no longer goes
up to the sills, thereby eliminating the need for a retaining wall at its base. The current slope is
less than 1 vertical over 2 horizontal as noted on the most recent "as built" plan from Merrimack
Engineering dated June 9, 2003.
These modifications will be presented to the Conservation Commission in the next few weeks.
Although Merrimack Engineering was hired in August 2002 to complete the work, they only got
to it in June 2003. I had no way to force them to do the work faster
Respectfully submitted by,
Robert S. Allegretto
125 Court Street
North Andover, MA 01845
978-258-1391 Home
781-820-6051 Cell
Town of North Andover RT"
O Teo ,6
Office of the Building Department
o _
Community Development and Services Division
�s
27 Charles Street.•....•.
„moo
North Andover, Massachusetts 01845 QSS gCHUS
D. Robert Nicetta Telephone (978) 688-9545
Building Commissioner Fax (978) 688-9542
MEMORANDUM
To: Raymond T. Santilli., Assistant Town Manager
From: Robert Nicetta, Building Commissioner I*
Date: September 6, 2003
Re: Robert Allegretto Complaint
I will be brief in my response to Mr. Allegretto's letter to you of August 18, 2003.
• Mr. Allegretto has occupied the structure since the fall/winter of 2001.
• Mr. Allegretto did not notify the building department that he intended to
occupy the structure and did so WITHOUT the benefit of a CERTIFICATE
OF OCCUPANCY.
• Mr. Allegretto did not and has not ever applied for a BUILDING PERMIT
to complete the renovation of the structure.
• Mr. Allegretto has changed a certified slope foundation protection design
without building department permission. This design was a part of the
permitted foundation design to receive the relocated two -sectioned structure.
• Mr. Allegretto has performed his own interpretation of 780 CMR- The
Massachusetts State Building Code and disagrees with the Certified Building
Official, the Building Commissioner, on his official jurisdiction.
• Mr. Allegretto now demands that the Certified Building Official issue a
Certificate of Occupancy for a structure that has been occupied since 2001
without a certificate of occupancy, without a building permit for the
renovation, and on a layman's interpretation of the State Building Code.
• Mr. Allegretto, in his August 13, 2003 written correspondence to you, stated
that the contractor (for the move and foundation — Robert Buthmann)
indicated that he "would be able to get a temporary occupancy permit". Mr.
Buthmann, the contractor, did not have authority to speak for the building
department. Incidentally, the building permit application for the new
foundation indicated property ownership of the structure to be The North
Andover Historical Society and the building permit was granted to North
Andover Historical Society / Robert Buthmann Construction and not Mr.
Allegretto.
• The Buildinz Commissioner's correspondence of June 22,2003 (copy
enclosed) will remain a part of this report.
BOARD OF :OPE:\LS 688-9541. BUILDING 688-9545 CONSERVA770N 688-9330 HEALTH 688-9540 PL.ANN NG 588-9535
September 6, 2003
Page (2)
The Building Commissioner had a meeting with State Building Inspector John I McCarthy on
July 2, 2003. State Inspector McCarthy then reviewed the building file on 125 Court Street.
Once again, State Inspector McCarthy told me that if I did not feel comfortable — I did not have to
issue the Certificate of Occupancy.
I am of the opinion that Mr. Allegretto should appeal his case for a Certificate of Occupancy and
Fireplace Restoration Permit to the State Building Code Appeals Board The State Building Code
Appeals Board has final jurisdiction on this matter. For Mr. Allegretto's use, I have enclosed the
State Building Code Appeals Board — Appeal Application Form.
Cc. John J. McCarthy
State Building Inspector
August 18, 2003
Mr. Raymond J. Santilli, Assistant Town Manager
Town of North Andover
400 Osgood Street
North Andover, MA 01845
Dear Mr. Santilli:
Thank you for your letter of July 31, 2003 addressing our problems with the North Andover Building
Department. I appreciate finally seeing Mr. Nicetta's inspection issues. My responses to them are enclosed
with this letter.
After months of delays while waiting for a response from the North Andover Building Department, I have had
to schedule additional work to be done in September of this year. This work was scheduled in May of 2003
when I realized that I was getting nowhere with the North Andover Building Department. The scheduled work
will address most, if not all, of the issues mentioned in Mr. Nicetta's list. Please understand that this work was
postponed for over a year while we waited for the Building Department to finish our inspection.
When this project began, I was assured by my contractor that we would be able to get a temporary occupancy
permit which would allow us to continue working on the structure while living in it. The months of July
through November of 2001 were spent preparing the house for temporary occupancy.
By December 2001, it became apparent that no such permit would be issued. At this point, however, with the
exception of the building inspector, all of the other officials signed off. We were compelled by circumstances -
and financial exigency - to physically occupy our house at that time, in order to protect it from further
deterioration and vandalism. Our only other alternative was total abandonment of the whole project, which
would have resulted in an unsafe, problematic eyesore.
I hope you can understand our logical, practical reasons for moving into our home when we did. This house
project is clearly a special case, involving the issues of building code exemptions for a historic structure, and
no change in the purpose or level of occupancy from the house's prior site.
As co-owners of this property, Patricia Robak and I were very glad to receive your letter establishing
communication with the North Andover Building Department and we are looking forward to working with you
to resolve our situation. After a review of this letter and my updated information regarding the inspection
items, please contact me so that we can finalize this matter.
Ve yrs,
obert S. Ail gretto
125 Court Street
North Andover, MA 01845
978-258-1391 Home
781-820-6051 Cell
C.C., Mark Rees, Town Manager
Robert Nicetta, Building Commissioner
Mr. Charles Salisbury
Responses of Robert S. Allegretto (homeowner/contractor) to building code issues at 125 Court
Street cited by D. Robert Nicetta in a memorandum to Raymond J. Santilli dated July 29, 2003 and
based on an in-person inspection conducted by Mr. Nicetta in April 2002.
• Finish installing clapboards at the rear and side if the structure (to make weather tight)
Some final sill adjustments will be made in early September 2003. After this work is
complete, the siding will be installed. This work was delayed while waiting for responses
from the North Andover Building Department.
• Install front and rear steps for public safety.
The only steps not yet in place will descend from a currently -barred and unused narrow
French door in the west fagade (facing Osgood St.) When construction of the screened porch
(see diagram below) is complete, the door will open into the enclosed area with two steps
down to its floor.
Another exterior door on this side of the house which Mr. Nicetta viewed in April of 2002,
was removed last fall and replaced with a window.
Proposed completion of west facade (facing Osgood St.) at 126 Court St.
• Fire stop void between the two sections of the structure when it was re -assembled and fire
stop any other vertical penetrations that may be observed Fire stop between f Zoor joists.
Install 5/8"fire code drywall under cellar stairs Pursuant to Section 7, 8 and 36 of the
Massachusetts State Building Code.
The void between the two structures has been filled on the first floor with continuous lengths
of 2x6's and a high temperature fire blanketing material has been installed. The second floor
will also have the stops added and fire blanketing material added after that area has been re -
leveled. This work will be done in September 2003. This work was delayed while waiting for
responses from the North Andover Building Department.
In most cases, this house does not have floor joists. It is 17th and 18th century construction
mixed with construction of the 19th and 20th centuries. Floors in a 17th — 18th century house
"float"; they are not fixed to the wall structure. Modifying this will jeopardize the historic
architecture of the structure, protected under preservation restrictions in our house deed.
5/8" fire code drywall has been installed under cellar stairs.
• Permanent supporting of the cantilever portion of the second level at the rear of The
structure —facing Osgood Street. This portion of the structure has been temporarily
supported with two wooded posts approximately 12 to 14 feet in height since 2001. This
condition still exists — is dangerous and must be corrected immediately. (Remainder of
paragraph omitted for the purposes of this letter)
The posts that are currently under the overhanging section of the house will be replaced as
part of the September 2003 work project. The original posts holding up this structure were
actually much smaller than the ones there now. The middle post was made up of two 2 x 4s
and the corner post was made up of three 2 x 6s. The posts currently in place are stronger and
better supporting than before. They are currently 10' and 11' tall, not 12'-14'. Once the
September work is done, the bases for these posts will be raised. The grade has already been
raised to make the posts shorter. Both posts will be a maximum of 10' tall. The corner post
will remain a solid 8" x 8" and the replacement center post will also be 8" x 8". In addition,
two more posts will be added at the two adjacent faces of the house. These added 4" x 8"
posts were not in the original construction. The posts will be permanently fixed at this time.
• The fireplace chimneys do not have clay flues Pursuant to Massachusetts State Building
Code — Table 3610.4.1— Requirements For Masonry Fireplaces And Chimneys "unlined
chimneys are not allowed to be constructed in Massachusetts': Therefore the chimneys
must be lined and the fireplaces verified for soundness prior to being allowed for use
The chimneys in this house already exist, which means they are not being constructed, but
reconditioned. Pursuant to Massachusetts State Building Code — Table 3409.3.2 State
Building Core exceptions, # 5 "Masonry — repair or in kind replacement of masonry units as
part of an existing system (ie., brick, stone, terra cotta, concrete and stucco) shall be
permitted." Additionally, the residents of this home certainly understand that the fireplaces
are not to be used until they are professionally reconditioned. This stipulation was made clear
to the Fire Marshall prior to the Fire Departments sign -off.
• The approved Versa -Lok retaining wall and slope as designed by Merrimack Engineering
has not been installed The design was approved by the building department and has been
changed to what presently exists on site without approval The slope grading has been
changed with out approval
The Versa -Lok wall was changed to a rip -rap dry stone wall because it is better suited to the
historic site. When the Conservation Commission Chairperson questioned the lack of a completed
wall last summer, I explained this change. The Conservation Chairperson never informed me that
a formal change must be submitted. I now realize that a formal change must be submitted to the
Conservation Commission for final approval. To the best of my knowledge, the Versa -Lok
material is not a requirement for this type of retaining wall. Moreover, the Massachusetts Historic
Commission and the North Andover Historic District Commission advocated the change.
The height of the wall has been reduced due to the modified grading near the house, thereby
eliminating the need for an engineered wall. The slope grading was also changed to better suit the
needs of the site. It was almost impossible to predict the slope and grade as laid out by Merrimack
Engineering in 2001. The modified grade is much lower and less steep than the proposed grade.
Also, the area near the double cellar doors has a much lower grade since the grade no longer goes
up to the sills, thereby eliminating the need for a retaining wall at its base. The current slope is
less than 1 vertical over 2 horizontal as noted on the most recent "as built" plan from Merrimack
Engineering dated June 9, 2003.
These modifications will be presented to the Conservation Commission in the next few weeks.
Although Merrimack Engineering was hired in August 2002 to complete the work, they only got
to it in June 2003. I had no way to force them to do the work faster
Resp e fully submitted by,
Obert S.
elegretto
125 Court Street
North Andover, MA 01845
978-258-1391 Home
781-820-6051 Cell
Town of North Andover
Office of the Building Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
MEMORANDUM
To: Raymond T. Santilk Assistant Town Mana er
From: Robert Nicetta, Building Commissione
Date: October 4, 2003
Re: Robert Allegretto Complaint
I will be brief in my response of Mr. Allegretto's latest correspondence to you.
Telephone (978) 688-9545
Fax (978) 688-9542
• Mr. Allegretto has occupied the structure. since the fall/winter of 2001.
• A building permit was only issued of the foundation for the relocated
structure.
• No building permit has been issued for any other work on the structure.
• No masonry permit has been issued for the work required on the chimneys or
fireplaces.
• The certified slope foundation protecting the foundation wall has been
changed.
• The Building Commissioner's correspondence of June 22, 2003 (copy
enclosed) will remain a part of this report.
The State Building Code Appeals Board has final jurisdiction on this matter. For Mr..
Allegretto's use, I have enclosed the State Building Code Appeals Board — Appear
Application Form.
Cc: John J. McCarthy
State Building Inspector.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION' 688-9530 HEALTH 688-9540 PLANNING 688-9535
SEP -03-2003 1028 MASSPDRT FD
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Fax #:
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SEP -03-2003 10:29 MASSPORT FD 617 561 1908 P.02
Mich&4 McGuire, Building Inspector May 1, 2003
Buil ' Department
27 Ch es Street
North over, MA 01845
Dear r. McGuire:
As per our request, the attached letter is from Bob Buthmann, the contractor
during a house move. Mr. Buthmann has completed his responsibilities on this
proj and is no longer available to continue. As of April 1, 2003 the Building Dept
Should ork directly with me, the homeowner.
Bob
"grotto
125 C
rt St
North
dover, MA 01845
781-82
051
(978-
1391)
SEP -03-2003 1029 MASSPORT FD
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617 561 1908 P.03
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(H 1.3.6 M,SBC ) has ban mAh9b& i Tim comma was fw mak pat nood on the building mm loaned at
125 QW R. Naia A*4om MA. i
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TOTAL P.03
Town Of North Andover
Office of the Building Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01.845
D. Robert Nicetta
Building Commissioner
MEMORANDUM
To: Raymond T. Santilli, Assistant Town Manager
From: Robert Nicetta, Building Commissioner 1*
Date: September 6, 2003
Re: Robert Allegretto Complaint
I will be brief in my response to Mr. Allegretto's letter to you of August 18, 2003.
Telephone (978) 688-9545
Fax (978) 688-954.2
• Mr. Allegretto has occupied the structure since the fall/winter of 2001.
• Mr. Allegretto did not notify the building department that he intended to
occupy the structure and did so WITHOUT the benefit of a CERTIFICATE
OF OCCUPANCY.
• Mr. Allegretto did not and has not ever applied for a BUILDING PERMIT
to complete the renovation of the structure.
• Mr. Allegretto has changed a certified slope foundation protection design
without building department permission. This design was a part of the
permitted foundation design to receive the relocated two -sectioned structure.
• Mr. Allegretto has performed his own interpretation of 780 CMR- The
Massachusetts State Building Code and disagrees with the Certified Building
Official, the Building Commissioner, on his official jurisdiction.
• Mr. Allegretto now demands that the Certified Building Official issue a
Certificate of Occupancy for a structure that has been occupied since 2001
without a certificate of occupancy, without a building permit for the
renovation, and on a layman's interpretation of the State Building Code.
• Mr. Allegretto, in his August 13, 2003 written correspondence to you, stated
that the contractor (for the move and foundation — Robert Buthmann)
indicated that he "would be able to get a temporary occupancy permit". Mr.
Buthmann, the contractor, did not have authority to speak for the building
department. Incidentally, the building permit application for the new
foundation indicated property ownership of the structure to be The North
Andover Historical Society and the building permit was granted to North
Andover Historical Society / Robert Buthmann Construction and not Mr.
Allegretto.
• The Building Commissioner's correspondence of June 22,2003 (copy
enclosed) will remain a pail of this report
BOARD OF APPEALS 688-9541 BUILDING 688 9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
September 6, 2003
Page (2)
The Building Commissioner had a meeting with State Building Inspector John J. McCarthy on
July 2, 2003. State Inspector McCarthy then reviewed the building file on 125 Court Street.
Once again, State Inspector McCarthy told me that if I did not feel comfortable — I did not have to
issue the Certificate of Occupancy.
I am of the opinion that Mr. Allegretto should appeal his case for a Certificate of Occupancy and
Fireplace Restoration Permit to the State Building Code Appeals Board_ The State Building Code
Appeals Board has final jurisdiction on this matter. For Mr. Allegretto's use, I have enclosed the
State Bi (ding Code Appeals Board — Appeal Application Form.
Cc: John J. McCarthy
State Building Inspector
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
9
WILLIAM F. WFt n K£\?AAOTSVISUMI
C_ ..00dlO/L, dd O2lOd - - - -
xATHT E N M. 0-=12 THOMAS L AOOFAS
S-U+ TEL: (617) 1 27-= FAX: (817} n r -1754 •i.�a.�>
:STATE BUMDING:CODE:APPEALSBOARD - FILING INSTRUCTIONS .
Nate•..:Appesirare. held pursuant to 801 CMR 1:02 InformaUFair Hearing Rules "
The procedure outlined below must be followed when filing a Building Code Appeal:
1. The appellant must be in receipt of a letter of denial from the local Building Official as required under
780 CMR 111.1 of the State Building Code. An appeal must be filed within 45 days of the date of the letter
of denial. An appeal may be filed either with the local Building Code Appeals Board, if one has been
established, or directly with the State Building Code Appeals Board.
2. Two documents are required to be completed by the appellant or his/her representative - the Appeal
Application Form (2 pages) and the Service Notice (1 page).
The Service Notice, which gives notice to the building official that an appeal is being filed, should include
the date appearing on the appeal form and the name and address of the Building Official under the section
"PERSON/AGENCY SERVED—The Method of Service should list one of the following procedures as
set forth in Section 121.2.1 of the State Building Code.
A. Personally; or
B. Registered or Certified Mail, return receipt requested; or
C. By any person authorized to serve civil process.
The Date of Service is the date when a copy of the appeal is delivered or mailed to the Building Official
or other parry entitled.
The Service Notice must be signed by the appellant or his/her representative and the signature must be
notarized. _
The Appeal Application Form (2 pages) must be completed in total. The application will be reviewed
for completeness prior to a hearing being scheduled. Applications determined to be incomplete will be
returned to the applicant for correction. Questions relating to completing the application should be
directed to your local building department or this office.
3. -Q= complete copy of the appeal filing, including the original of the Service Notice, must be delivered
to the Building Official or the official entitled. E= complete copies of the appeal filing, including the
original plus three copies of the Appeal Application form, four copies of the Service Notice and four copies
of the letter of denial, together with a check for $150.00 (filing fee)payable to the Commonwealth of
Massachusetts must be filed with this office, if the appeal is made directly to the State Building Code
Appeals Board. (Filing fee requirements for filings before a local Building Code Appeals Board may differ
from the fens prescribed for submission to the State Building Code Appeals Board).
678 780 CMR - Sixth Edition 2/7/97 (Effective 2/28/97)
A 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
APPENDIX B
all
�jtp� .y!!d/tQ![RiOII ✓(QLYi - ✓..,/i 190> UnAR07sunUMI
WILLIAM F. WELD G�yh y'�06 Ot f08
w.wr ��
G
KATHLM N M. O'MLE THOMAS L ROGERS
TEL: (817) 7273200 FAX (81 i7 227.1754 'fir'
STATE LTSE ONLY
Fee Received: STATE BUILDING CODE APPEALS BOARD
Check No.: APPEAL APPLICATION FORM
Received By:
DOCKET NUMBER: DATE:
(State Use Only)
The undersigned hereby appeals to the State Board of Building Regulations and Standards from the-
decision
of the:
Building Official from the City/Town of.
Board of Appeals from the City/Town of
Other Municipal Agency/Official entitled:
State Agency/Official entitled:
OTTER:
Dated: 19 , having been aggrieved by such (check as appropriate)
Interpretation o Order o Requirement . o Direction o
Failure to Act o Other o Explain
All appropriate code sections must be identified. All glen supporting documentation must be
submitted with this application. Parties may present written material at the hearing. However, the
Board reserves the right to continue the proceeding if such material warrants extensive review.
State Briefly desired relief -
APPELLANT:
ADDRESS FOR SERVICE:
Telephone No.
ADDRESS OF SUBJECT PROPERTY:
APPELLANTS CONNECTION TO SUBJECT PROPERTY:
SIGNATURE OF APPELLANTIREPRESENTATIVE (NAME - PLEASE PRS
2/7/97 (Effective 2/28/97) 790 CMR - Sixth Edition 679
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
DESCRIPTION OF BUILDING OR STRUCTURE RELATIVE TO THE MASSACHUSETTS
STATE BUILDING CODE (780 CMR 6th EDITION): (Check as appropriate)
Check Here if Building is a One or Two Family Dwelling ❑ Proceed to section entitled "Brief Description
of the Proposed Worn' - Do not complete the tables below
DESCRIPTION -OF PROPOSED WORK (check.aU applicable)
New Construction l:dsting Building C3 Repairs) ❑ Alteration(s) ❑ I Addition a
Accessory Bldg. ❑ Demolition ❑ Other ❑ Specify:
Brief Description of Proposed Work:
BUILDING AREA
Existing (if applicable)
Proposed
Number of Floors or stories include
basement levels
Floor Area per Floor (sfl
Total Area (sh
Total Height (ft)
::USE GROUP.AND CONSTRUCTION'::TYPE
USE GROUP (Check as applicable)
CONSTRUCTION TYPE
A Assembly
❑ A-1 ❑ A-2 ❑ A-3 ❑
A-4 O A-5 ❑
1A
1B
❑
❑
B Business
❑
24
213
2C
❑
o
❑
E Educational
0
F Factory
❑ F-1 ❑ F-2 ❑
H High Hazard
❑
3A
3B
❑
❑
I Institutional
❑ I-1 ❑ I-2 ❑ 1-3 ❑
M Mercantile
❑
4
❑
R Residential
❑ R-1 ❑ R-2 ❑ R-3 ❑
SA
5B
❑
❑
S Storage
❑ S-1 ❑ S-2 ❑
U Utility
❑ Specify.
M Mtxed Use
❑ Specify:
S Special Use
❑ Specify:
COMPLETE.;THIS.:S=, ON-MFEX=GwBUILDING:UNDERGOING.RENOVAMONS-ADDMONS...:.
AND/OR CHANGE.IN USE
Existing Use Group:
Existing Hazard Index (780 CMR 34):
Proposed Use Group:
Proposed Hazard Ind= (780 CMR 34):
BUIIAING'HEIGHTAND AREA
BUILDING AREA
Existing (if applicable)
Proposed
Number of Floors or stories include
basement levels
Floor Area per Floor (sfl
Total Area (sh
Total Height (ft)
Brief Description of the Proposed Work:
680 780 CMR - Sixth Edition 2/7/97 (Effective 2/28/97)
730 CMit: STATE BOARD OF BUILDING REGULATIONS A;ND STANDARDS
APPENDIX B
WILLIAM F. WELD G' KENTAROTSLTSUMI
r-- v�QdiC✓L ./�LC7ddlLU71(62�ii 708 p,,,,,,,,,,
KATh"r :-=N M. 0`001-2 THOMAS L. ROGERS
S,-- TEL: (617,, ;` 3200 FAY: (61.)'.= -1Z4 Ad-
STATE BUILDING CODE APPEALS BOARD - SERVICE NOTICE
as
Appellant/Petitioner
State Building Code Appeals Board on.
[e
for the
in an appeal filed with the
HEREBY SWEAR UNDER THE PAINS AND PENALTIES OF PERJURY TKkT IN ACCORDANCE
WITH THE PROCEDURES ADOPTED BY THE STATE BOARD OF BUILDNG REGULATIONS AND
STANDARDS AND SECTION 122.3.1 OF THE STATE BUILDNG CODE, I SERVED OR CAUSED TO
BE SERVED, A COPY OF THIS APPEAL APPLICATION ON THE FOLLOWING PERSON(S) N THE
FOLLOWING MANNER:
NAME AND ADDRESS OF
c anNia_CrENCy SFRvFD t TI-Tn nF ,ERVICt r)AT nF eEFvTC=
Simarurc: APFE? :'1.NTT1ETI1IONE.
On the Dav of
BEFORE NE THE ABOVE NAMED
19 , PERSONALLY APPEARED
(Type or Print the Name of the Appe!lant)
AND ACi4vOWL-E] GED AND SWORE T'rE ABOVE STATEMENTS TO BE TRUE.
NOTARY PUELIC
3/7/97 (Exective "'/23/97)
MY COIvSlISSION c: u°1RES
780 CMR - Sixth Edition
681