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HomeMy WebLinkAboutCorrespondence - 100 DALE STREET 4/23/2013 (2) -nright, Jean From: Tymon, Judy Sent:- Tuesday, April 23, 2013 9:08 AM To: phil @csi-eng.com Cc: Enright, Jean; Hughes, Jennifer Subject: FW: Scuito-Great Pond Rd Attachments: Scuito Great Pond Rd WSP comments#1.pdf Phil, Here is Lisa's review for the Scuito application. I think you should consider reducing the footprint of the house, based on its proximity to the lake. That would decrease the clearing required and the building envelope. j' Also, regarding 100 Dale St., the wetlands line should be approved by the Conservation Commission. Also, I left you a message yesterday regarding lot 2. There appears to be a 20' % setback from a porch/deck. it is not clear on the plan. The plan should show those parts of _, the structure that are decks or porches ( these have side setbacks for 30 ft.) and also r` include landscaping. Let me know if you have any questions. Judy From: Lisa Eggleston [lisa @egglestonenvironmental.com] Sent: Monday, April 22, 2013 2:09 PM To: Tymon, Judy; Hughes, Jennifer Subject: Scuito - Great Pond Rd See comments attached. Lisa D. Eggleston, P.E. Eggleston Environmental 32 Old Framingham Rd., Unit #29 Sudbury, MA 01776 tel 508.259.1137 fax 866.820.7840 lisap egglestonenvironmental.com<mailto lisapegglestonenvironmental com> Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information. please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 1 May 7, 2013 Folks, I will not be at the meeting tonight. I was in a car accident today and will be staying home for the day. No injuries, except to the car. Here are my notes for the meeting: Butcher Boy: This project will not come back to the board until June.We have received a contivance. 250 Clark Road: There is a draft decision. The Board of Health has approved the plan. The applicant has made one change to the plan. I believe they had to move a propane tank. Lisa's review is complete and there are no other issues with the project. 100 Dale St. This is the 1st public hearing for this project We have received two reviews from Lisa and the plans have changed based on her first review. Phil Christiansen can review those changes with you. Lisa sent another review today so I don't think Phil has had time to make any changes based on the last review. One of her concerns was that soil testing would need to be performed in order to confirm that the proposed stormwater structures were appropriate. 0 Great Pond Road: This is the 2nd public hearing for this project. Lisa has provided a review. This project also requires soil testing to confirm that the stormwater structure will work. A bigger concern for this project is the size of the building envelope and its proximity to the lake. The lots were created by an ANR in 2001 so the lot has a Conservation Zone that extends 100 ft.from the lake. The driveway is in the Conservation Zone and the structure is in the Non-Disturbance Zone. The ZBA has given the applicant a variance for the construction of the house. Phil Christiansen has stated to me and has made a note on the plan that the lots existed prior to 1994 and has no Conservation Zone. His note on the plan states that the frontage and area of the lot changed with the ANR in 2001 but because the Assessor's Office assigned the same parcel number to the lot,the lot in not a new lot. I do not agree with that assessment and have asked Tom Urbelis for an opinion. If it is determined that it is a new lot,the Board will have to determine how much disturbance they will allow in the Conservation Zone. I have not heard back from Tom Urbelis. ATM Warrant Articles: Neither Curt nor Bruce nor Tim Willett is available to come to the meeting tonight. I have met with all of them and have copious notes for each of the articles,however, I am at home and the notes are in my office. Article 11: The ZBA decision for this 40B project stated that the water pump station would be conveyed to the town. DPW has monitored and overseen the construction of the pump station and have given their stamp of approval. The decision stated that the pump station could be accepted before the road acceptance. The road is not ready for street acceptance. Article 20 - CIP The items on the CIP are the usual items -street and sidewalk maintenance, etc. The $3.8M Facilities Master Plan is for the construction of the new school administration building at the site of the old police station. I believe the remainder of the items are self-explanatory. Article 21- CPA I am assuming that John will give an update for this article. Article 26: The Sewer Pump Station at Rea's Pond is going to be expanded (plus routine maintenance). Due to the expansion and the fact that the pump station sits on a parcel owned by the town with a Conservation Restriction,the size of the easement has to change and the CR has to change to reflect the new easement. Article 27: Rea's Pond pump Station: (see above)-The CR will then have to be approved by the state. The following are Zoning Articles. The Board is required by law to make a YES or NO recommendation to Town Meeting. Article 28; Backyard Hens. Changes to a citizens petition can only be made by the petitioner at ATM. I am not sure if there will be a representative at the meeting tonight to tell the Board what changes,if any,they intend to make., Article 29: Sign. The intent of this article is to ban billboards in North Andover. (according to Curt) Article 30: PRD height Restrictions. The Board has alreadyvoted. Article 31:Wind Facilities Moratorium. I changed the definition section for this article,based on feedback that I received from Board members. Article 32: Medical Marijuana: The Board has voted. Article 33: Downtown Overlay District. The BOS would like to require a Special Permit for housing developments of a certain size within the Overlay District. They have decided on 18. That figure is based partially on their review of the responses to the RFP for the Bradstreet School. Article 34: Zoning Map. The Board has voted. If the Board does not vote on Zoning Article tonight,they can be voted on at the Planning Board meeting that precedes Town Meeting. HORNE CONSTRUCTION CORP . FRAMING & BUILDING CONTRACTORS %>•." I?_ / 6 c� 7A - 156 BAREHILL ROAD, BOXFORD, MA 01921 PHONE (978) 887-6709 0 FAX (978) 887-0760 0 HORN ECON STRUCTION I @VERIZON.NET CHRISTIANSEN & SERGI, INC PROFESSIONAL ENGINEERS AND L,AND SURVEYORS 160 SUMMER STREET,HAVERHILL,MAOIEW CS1 tel:978-373-0310 wwwoskengr.com fax 978-372-3960 March 22,2016 North Andover Planning Board Town of North Andover Planning Department 1600 Osgood Street North Andover, MA 01845 Re: 100 Dale Street Dear Planning Board members: In accordance with the Conditions of the Definitive Subdivision Plan Approval issued by the Planning Board, I hereby certify that the building and site layout on 100 Dale Street substantially comply with the plans approved by the Planning Board. Very truly yours, Chris & Ser i, 06L-1 ........ Phil* hristiansen End ht, Jean From: Hughes,Jennifer Sent: Wednesday, May 08, 2013 10:37 AM To: Tymon, Judy Cc: Enright, Jean Subject: FW: 100 Dale See Heidi's email below. Jennifer A. Hughes Conservation Administrator Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978.688.9530 Fax 978.688,9556 Email jhuFhesCtawnofnorthandover.com Web www.TownofNorthAndover.com From: Gaffney, Heidi Sent: Wednesday, May 08, 2013 10:23 AM To: Hughes, Jennifer Subject: RE: 100 Dale I told him more than once on the phone that I did riot review the line. I told him after I went out a year or so ago and have told him at least twice since it has been going through zoning and Planning. I only looked at a small isolated area that was well under 1000 s.f. and Leah and I did soils all the way around it to be sure. Soils all the way around were very bright. That was all that I looked at, I never saw any of the other flags. I told Phil quite some time ago(back when Leah flagged it over a year ago) that he should have it reviewed before any Planning took Place for the lot, From: Hughes, Jennifer Sent: Wednesday, May 08, 2013 10:08 AM To: Gaffney, Heidi Subject: 100 Dale What delineation review did you do on the lot? I think Phil Christiansen is asserting that you reviewed the line and am almost certain you said you only looked at one area. I am going to advise him to file an ANRAD unless you tell me differently.Thanks. Jennifer A. Hughes Conservation Administrator Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978.688.9530 1 Page of Lois Christiansen From: Phil Christiansen, PE [phi|@cai+angr.00m] Sant Monday, June O3' 2O131:O8PK4 To: 7ymon. Judy' Co: 'Hughes, Jennifer'; 'Lisa Eggleston'; 'Robert Messina'; Lois@csi-engr.com Subject: RE: 1OD Dale SD Attachments: 11032008rev8'3-13.pdf webso|rev0-3-13.pdf Judy OnK4ay6.2Q13 | submitted a plan entitled Wetland Location and Soil Types for Watershed Special Permit That showed the wetlands in their entirety as they effect the site as well as soil types, This was in response to Lisa's comments, Each of Lisa's 9 comments was addressed in that letter. | was in error about the Zone Atributaries noted by Lisa. | have added the 200 ft distance from those tributaries to the plan. The distances were from the Mass B|Ssite. | have added to the wetland line near the substation oe Jennifer has requested. The added flags do put the Non- disturbance line farther into the property. As a result I had to move the foundation drain sump. I have not received any comments from Lisa since my submittal of May 6, 2013. 1 do remember that at the last hearing for the project Jean Enright showed me notes that suggested Lisa was, because of the soil types, satisfied that soil testing could be done at the start ofconstruction. I have added landscaping to the plan as you requested, Just bark mulch and a few plants in front of the houses. The rest io loam and seed. As I mentioned previously at the last meeting the Board requested that we move the house and drive on Lot 2 so that headlights of cars entering the driveway on lot 2 would not disturb the abutters, We have moved the house farther back and placed the driveway on the left side of the house. � � Regards, Phil Christiansen, P.E ` ������U��U����� �� ����Y INC.~, ""~~~~ . ~~.~~~~~.. ~~ ._~�.~-~.' ...~~ PROFESSIONAL ENGINEERS AND LAND SURVEYORS 1S8 Summer Street Haverhill, K4AO183O 978 373-0310 (Q78) 372-3Q6Ofax -----Original Message----- From: Tymon, Judy [mai|to:jtyrnon@tnwn0hnorthQOdover.com] Sent: Friday/ May 31/ 2U13 11:10 AM To: Phil Christiansen (ph(|@csi-engr.c0m) Cc: Lisa Eggleston Subject: 1OO Dale St Phil, I have attached two plans for 100 Dale St. One is the site plan and the other shows the wetlands line for Conservation. The Site Plan for Planning should contain all of the information that is on the wetlands plan. Also, I believe there are additional items that you need to address from Lisa's last comment Page 2 of 2 letter. I am sending the packet to the board today. Thanks Judy Judith M.Tymon Town Planner Town of North Andover 120 Main Street North Andover,MA 01845 Phone 978.688.9535 Fax 978.688.9542 Email jtyrnon(atownofnor°thandover.com Web www.TownofNorthAndover,corn Please note:the Nltiassac;larasetts Secre't'ary of State's office has dry°ton-nin d H'i at most ernails to and fiorn municipal o fires and officials are public records. For more information please refer to:httf>:!/ar ww.sr r,;.�;lrato.rrra.i.r s/prelprc:idx.Prt 7. Please consider the onvironme;nt before printing this ernail. 6/3/2013 Lriht, Jean From: Lynne Rudnicki <lrudnicki@grnail.com> Sent: Tuesday,June 04, 2013 8:14 PM To: Enright,Jean Subject: Fwd: 100 Dale Street Project ---------- Forwarded message ---------- From: "Dinelle Bere" <DAULBYSMO &I)conicast.net> Date: Jun 2, 2013 2:50 PM Subject: 100 Date Street Project To: <hdsi –o—n,-4 Ax—rnail.con>, <rrowen0)comcastnet>,<r char rows t-Q_h 4 11qn,coni>, <Imes y(� !)a rn herr ,qotcQm>, <1 csherryL lawoffice.com>, <rnichae]028(�i�,oLria, Liet>, <Jrudnkl J],Corn>, <fromdavekellm-,,Y 1),cornca, st.net> Cc: Planning Board Members, My name is Dinelle Bere. I am the abutting homeowner who spoke at the last Planning Board meeting in opposition of the 100 Dale Street project. First, I would like to thank you for listening to my concerns and considering my families well being. I did not get that same feeling when I spoke at the Zoning Board meeting. In fact, as I was walking in to the first meeting, I overheard directly from one of the board member's mouths, in reference to this particular project, that "everyone is voting for it." Obviously, from that moment I did not feel that the hearing would be impartial. After one continuance, the vote was unanimous to grant the variance. The ruling essentially excused 96 of the required 175 feet of frontage for one of the newly created lots. The 96 feet is more than half of what is deemed required by the bylaw. In some ways I felt validated that several of the Planning board members voiced that they also found this variance appalling. However,this has also led to more frustration. In hind sight, I realize that I should have appealed this decision, but I didn't intend, at that point, to get an attorney involved and I didn't feel that I could represent myself adequately at the state level. This is why I am now writing to you. I believe that you have the opportunity and authority to right a wrong. Several of you spoke openly at the Planning meeting that you disagree with the ZBA decision. I am asking that you all seriously review what happened at those ZBA meetings and decide for yourselves if this is a precedent that you want to set in North Andover, If you watch the video from the ZBA meetings you will see that Mr Christianson pitted your board against the ZBA and told them that "you had verbally okayed the project as long as ZBA granted the variance." Also, Mr. Cuscia and Jerry Brown made inaccurate statements that the property initially had enough frontage for the lots to be split before the property was rezoned back in 1987. 1 showed a notarized document from the Town Hall that proved as far back as 1972 the property never had the required frontage for the split. When I showed the document, Mr. Cuscia laughed at me because of the date of the paper. He clearly didn't understand the reason I showed the paper was to prove that even as far back as 1972 the frontage requirements would not have been met. In fact, at the end of the meeting Mr. Cuscia was so anxious to get the Site plan signed that he was signing the wrong set of plans. This variance was granted as a hardship. The engineer never even stated what the hardship was. The fact is that this land is already in a deal with a developer to purchase from the owner once you sign the plans as buildable. This is not a hardship. This is land being split for financial gain. I understand that the ZBA has ruled and that ruling will not be overturned. But even the ZBA stated during the meetings, that just because they granted the variance to split the lots, that doesn't mean they are deemed buildable. They articulated several times during the two ZBA meetings that the responsibility would be on your board as to whether the lots could be built on. Furthermore, I also can't help but find it upsetting that one of the ZBA members voted to demolish one home in my back yard and build two homes in its place at the same time his father, a Conservation Committee member was trying to sell his land just a couple of miles away for$500,000 to the tax payer funded CPA for the good of "open space." I implore you to refer to the Planning Department Philosophy(See Below) that is posted on the Town's website while you consider this project. Thank you for you time, Dinelle Bere Our Philosophy To encourage: Planning principals that promote rational, economical and environmentally efficient use of land,to allow North Andover to grow in a manner consistent with the goals of the community; The utmost quality development and uses of the land through the application of conscientious regulations; Identification and protection of land to maintain open space and the natural features of North Andover's hillsides, trails,woodlands and scenic vistas; Both economic growth and the enhancement of North Andover's quality of life; Safe, efficient, and alternative modes of transportation; Identification of land suitable for all types of housing, commercial and industrial development; To reflect the highest ethical and professional standards, and with enduring respect for our customers and the public trust. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:http://www.sec.state.ma.us/pre/preidx.htrn. Please consider the environment before printing this email. 2