HomeMy WebLinkAboutCorrespondence - 623 OSGOOD STREET 11/20/2012 (2) Enright, Jean
From: Tymon, Judy
Sent: Wednesday, October 31, 2012 4:15 PM
To: Willis, Gene; Willett, Tim; Hmurciak, Linda; Hughes, Jennifer; Sawyer, Susan; Grant, Michele;
Brown, Gerald; Melnikas, Andrew; McCarthy, Fred; Carney, John; Zagarri, Beverly
Cc: Bellavance, Curt; Enright, Jean
Subject: Definitive Subdivision Application -623 Osgood St.
Attachments: Application for Definitive Subdivision Approval 10.31.12 (00057356).PDF
Folks,
Attached you will find an application for a 3 lot Definitive Subdivision located at 623 Osgood St. There are no plans to
build the subdivision. The application is being filed with the Planning Office for appraisal purposes only. Town Meeting
voted this past June to acquire the property using CPA funds, with the exception of the lot 1, on which the existing
house is located. This application will also create a separate lot for the existing home. Let me know if you have any
questions.
This memo is in place of the usual Form L.
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 jtymonC�townofnorthandover.com
Web www.TownofNorthAndover.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: htti)://www.sec.state.ma.us/pre/l)reidx.htm.
Please consider the environment before printing this email
1
J
-SMOL
A1F () RNEYS ATI LAW
MEMORANDUM
TO: JUDY TYMON,TOWN PLANNER
FROM: JOHN T.SMOLAK
SUBJECT: 623 OSGOOD STREET -- FRONTAGE EXCEPTION SPECIAL PERMIT AND DEFINITIVE
SUBDIVISION APPLICATIONS
DATE: OCTOBER 31,2012
In connection with our discussion,the following briefly summaries the circumstances
surrounding the above-referenced filings in connection with 623 Osgood Street.
1. The property at 623 Osgood Street is approximately 16.5 acres in size,and is owned by
Deanna Ousler and George W. Ousler,III as Trustees of the Osgood Street Realty
Trust(the"Owners"). The Property is located within the R-2 Zoning District.
2. The Property is improved with a single family house,along with carriage house/barn
which is located at the end of a tree-lined driveway extending to Osgood Street.
3. The Property is located between Edgewood Farm and the Stevens Estate. See the
following video link from the real estate broker: htip://bit.ly/623Osgood
4. At the 2012 Annual Town Meeting,voters approved of the purchase of a portion of the
Property for open space/conservation purposes using funding through the Community
Preservation Act.
5. The open space purchase would expressly exclude the existing single family dwelling to
be retained by the Ousler family.
6. In order to effect the conveyance of the open space property to the Town,the Owner is
proposing to divide the Property so that the open space lots can be conveyed to the
Town,and then restricted pursuant to a Conservation Restriction.
7. To this end,the Owner,Osgood Street Realty Trust,has filed two alternative
applications with the Planning Board as a means of dividing the lots:
a. The attached Application for Definitive Subdivision was filed to enable the creation
of a roadway(which follows the existing driveway) and would end in a cul de sac or
hammerhead configuration in order to provide frontage for Lot 1 which would be a
lot on which the existing house is located and which would be retained by the
Owner. Lot 2 and Lot 3 would then be conveyed to the Town for open
space/passive recreational purposes.
b. As an alternative to the Definitive Subdivision filing,the Owner has also filed an
Application for a Frontage/Lot Width Exception Special Permit. Unlike the
definitive subdivision filing above, the approval of a Frontage Exception Special
Permit for proposed Lot 1 would create a lot on which the family residence would
be retained,and that lot would include a 50-foot wide lot(running from Osgood
Street to and including the existing house and out-buildings. If a Frontage
{00057344;x1}
Exception Special permit is issued,then the lots would be created through Planning
Board endorsement of an ANR Plan.
8. It is important to note that under either alternative:
• No work or other construction is being proposed.
• Lots are simply being created on paper in order to allow for the
conveyance of Lots 2 and 3 to the Town.
b. the existing driveway within a 50-foot wide portion of a lot.
9. A Planning Board hearing is scheduled for November 20,2012.
{00057
344;v1
12
Enright, Jean
From: Tymon, Judy
Sent: Tuesday, November 13, 2012 10:03 AM
To: 'John Smolak'
Cc: Enright, Jean
Subject: RE: 623 Osgood St.
John,
Another question—if you decide to go ahead with the frontage exception lot, we will need an ANR application.
Judy
From: John Smolak [mailto:]Smolak@smolakvaughan.com]
Sent: Thursday, November 08, 2012 7:08 PM
To: Tymon, Judy
Cc: Enright, Jean; John Simons
Subject: Re: 623 Osgood St.
Hi Judy :
I think your concerns are valid but resolvable without re-noticing for a few reasons:
First, I'm sure the decision could be conditioned to expire or sunset within a short time, or alternatively include a
condition that certain lots must be conveyed within a certain date or the approval expires. I'm sure town counsel can
advise for the town.
Second, I think the subdivision proof plan shows we can develop 12 lots for purposes of valuation, but we can turn off
the lotting data layer and create 3 lots including the house lot,the land area south and east of the roadway, and a lot
which covers everything else if we shorten the roadway.
Regards,
John
On Nov 8, 2012, at 6:33 PM, "Tymon,Judy" <Itymon@townofnorthandover.com>wrote:
John,
I have some concerns about the application. 1 know you and John Simons have been more involved than
I have and know more of the details of the transaction, but my concerns are:
I realize the process of applying for permits will establish the appraisal value of the property. I am
familiar with the process of determining the value of property based on its potential for development
and I have seen property value established without an approved permit. My question regarding this
project is, once the permit is approved, if for some reason the town does not purchase the property, (an
agreement cannot be reached with regard to price,for example)there is an approved subdivision that
could be developed. Is that a risk that the town wants to take?
Also, the legal ad is for a 3 lot subdivision, not a 12 lot subdivision. I think we will need to re-advertise
for a public hearing on Dec. 4,thus making the schedule to complete everything by the end of the year
very difficult.
Let me know what you think.
Judy
Sent from my iPad
On Nov 8, 2012, at 3:29 PM, "John Smolak" <JSmolak@smolakvaughan.com>wrote:
Hi Judy:
Attached is a replacement plan which makes the changes that I emntioned to you in my
last email.
Regards,
John
John T. Smolak, Esq.
Smolak&Vaughan LLP
East Mill
21 High Street,Suite 301
North Andover, Massachusetts 01845
Tel. 978.327.5220 (Main)
Tel. 978.327.5215 (Direct)
Fax 978.327.5219
E-Mail:ismolak@SmolakVaughan.com
Web Address: www.SmolakVau-qhan.com
From: John Smolak
Sent: Thursday, November 08, 2012 2:28 PM
To: 'Tymon, Judy'
Cc: Enright, lean; 'John L Simons'
Subject: RE: 623 Osgood St.
Hi Judy:
Attached for filing is a proposed updated Definitive Subdivision Plan for 623 Osgood
Street which is attended to be attached to the Definitive Approval Application previously
filed.
The plan includes a total of 12 lots plus a proposed Roadway.
The Ousler family intends to retain Lot 10 plus the portion of the existing driveway that
follows the proposed subdivision roadway from Osgood Street to Lot 10, with the balance
of the real property being conveyed to the Town. All of this needs to happen before the
end of the year, including the expiration of the appeals period and conveyance of the
property to the Town.
Since I understand that neither Jean or you are avilable after 330 pm due to other
commitments, I at least wanted to submit the attached as a supplement to the Definitive
Application and plan previously filed with your office. I am having the engineer make a
few tweaks to the plan, including: (a) having the proposed roadway labeled as"Road A;"
(b) adding a note to Osgood Street stating "Public(Variable Width"); and, (3)will be
slightly tweaking the common boundary between Lot 10 and Lot 11 so that the existing
driveway is entirely included within Lot 10 which might require us to slightly modify the
2
Lot 11/Lot 12 common boundary in a southerly direction to ensure that Lot 11 meets the
150 foot frontage requirement after making the adjustment noted above. A list of
proposed waivers will be forthcoming.
As previously mentioned to you, we are working with John Simons to come up with a
configuration which enables the family to retain its house while at the same time creating
a mechanisn to enable the family to sell the balance of the property to the Town
consistent with the CPA vote to purchase at the June, 2012 Town Meeting, and the
alternative selected with depend upon the updated appraisal being conducted by the
Town's appraiser.
I will try to get you full-sized plans, signed and stamped tomorrow. Thanks for your help.
Regards,
John
John T.Smolak, Esq.
Smolak&Vaughan LLP
East Mill
21 High Street, Suite 301
North Andover, Massachusetts 01845
Tel. 978.327.5220 (Main)
Tel. 978.327.5215 (Direct)
Fax 978.327.5219
E-Mail: ysmolakaSmolakVaughan.com
Web Address: www.SmolakVaughan.com
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From: Tymon, Judy [maiIto:jtymonCd)townofnorthandover.com]
Sent: Thursday, November 08, 2012 1:40 PM
To: John Smolak
Subject: RE: 623 Osgood St
3
John,
You can drop the plan off any time. Jean and I will both be out tomorrow but I am here
today until 3:30.
Judy
From: John Smolak [mailto:JSmolak(a)smolakvaughan.com1
Sent: Thursday, November 08, 2012 11:12 AM
To: Tymon,Judy; 'John L Simons'
Cc: Enright,Jean
Subject: RE: 623 Osgood St
Hi Judy:
Thanks for your message. We intend to go forward with both the Special Permit and
Definitive filings, and should have a replacement plan delivered to you sometime today.
My sense is that the Definitive Subdivision alternative will be more likely to proceed than
the Frontage Exception alternative but it will depend on the valuation presented by the
Town's appraiser who hopefully would be in a position to give us a verbal before the 20th,
and this allow us to withdraw one application and proceed with the other.
I know it takes time to prepare a Decision, but unless John feels otherwise, I think the
more likely alternative to proceed would be the Definitive Approval which would involve
no construction of any improvements.
Regards,
John
John T.Smolak, Esq.
Smolak&Vaughan LLP
East Mill
21 High Street, Suite 301
North Andover, Massachusetts 01845
Tel. 978.327.5220 (Main)
Tel. 978.327.5215 (Direct)
Fax 978.327.5219
E-Mail:jsmolak(a)-SmolakVaughan.com
Web Address: www.SmolakVaughan.com
From: Tymon, Judy [mailto:jtymon(c)townofnorthandover.coml
Sent: Thursday, November 08, 2012 11:05 AM
To: 'John L Simons'; John Smolak
Cc: Enright, Jean
Subject: 623 Osgood St
John and John,
I am assuming that we are going forward with just the Frontage Exception Special
Permit and not a Definitive Plan application for 623 Osgood St.? Just checking—I can
have a boilerplate decision ready for the meeting on the 20th. The only call I have
received has been from Charlie Kendrick(Edgewood)and after I explained the project to
him, he said he does not have any issues and that he will bring it to his board meeting
which takes place next week.Again, he doesn't expect there to be any problems.
4
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 jtvmon@townofnorthandover.com
Web www.TownofNorthAndover.com
<image001.Jpg>
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: htti)://www.sec.state.ma.us/pre/l)reidx.htm.
Please consider the environment before printing this email.
<Definitive Subdivision Plan(3) 11.8.12 (00057904).PDF>
5
TOWN OF NORTH ANDOVER
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623 OSGOOD STREET
NORTH ANDOVER, MASSACHUSETTS
DATE
OWNER AND APPLICANT,
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SHEET 1 OF 1 OSGOOD STREET REALTY TRUST
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Enright, Jean
From: Tymon, Judy
Sent: Thursday, November 08, 2012 11:25 AM
To: 'John Smolak'; 'John L Simons'
Cc: Enright, Jean
Subject: RE: 623 Osgood St
John,
Jean just straightened me out. We have the Def Plan application and you are bringing in a new plan today—no problem.
Judy
From: John Smolak [•mailto:JSmolakCa>smolakvaughan.coml
Sent: Thursday, November 08, 2012 11:12 AM
To: Tymon, Judy; 'John L Simons'
Cc: Enright, Jean
Subject: RE: 623 Osgood St
Hi Judy:
Thanks for your message. We intend to go forward with both the Special Permit and Definitive filings, and should have a
replacement plan delivered to you sometime today. My sense is that the Definitive Subdivision alternative will be more
likely to proceed than the Frontage Exception alternative but it will depend on the valuation presented by the Town's
appraiser who hopefully would be in a position to give us a verbal before the 20th, and this allow us to withdraw one
application and proceed with the other.
I know it takes time to prepare a Decision, but unless John feels otherwise, I think the more likely alternative to proceed
would be the Definitive Approval which would involve no construction of any improvements.
Regards,
John
John T.Smolak, Esq.
Smolak&Vaughan LLP
East Mill
21 High Street, Suite 301
North Andover, Massachusetts 01845
Tel. 978.327.5220 (Main)
Tel. 978.327.5215 (Direct)
Fax 978.327.5219
E-Mail: ismolak .SmolakVaughan.com
Web Address: www.SmolakVaughan.com
From: Tymon, Judy .[maiIto:etymon@townofnorthandover.coml
Sent: Thursday, November 08, 2012 11:05 AM
To: 'John L Simons'; John Smolak
Cc: Enright, Jean
Subject: 623 Osgood St
John and John,
I am assuming that we are going forward with just the Frontage Exception Special Permit and not a Definitive Plan
application for 623 Osgood St.? Just checking—I can have a boilerplate decision ready for the meeting on the 20th. The
1
only call I have received has been from Charlie Kendrick(Edgewood) and after I explained the project to him, he said he
does not have any issues and that he will bring it to his board meeting which takes place next week.Again, he doesn't
expect there to be any problems.
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 itymon@townofnorthandover.com
Web www.TownofNorthAndover.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/l)reidx.htm.
Please consider the environment before printing this email.
2
Form L
SIGNATURE REQUEST FOR PLAN REFERRAL ACKNOWLEDGEMENT
Departmental referral Form L with signature of department acknowledging receipt.
TO: Director,DPW
Town Engineer,DPW
Water& Sewer Department,DPW
Water Treatment Department
Fire Chief
Conservation Administrator
Inspector of Buildings
Health Administrator
School Department
Police Department
FROM: Applicant (� re S+(-ee-f
Date: t0 . 3 I
Re: Preliminary Plan
K Definitive Subdivision
Modification to a Subdivision
Special Permit
Site Plan Review
Address of Development: (C2 3 S6-CX")D S7
A Public Hearing has been scheduled for the following date: jt 0C)in 1) acJ, C) I
Please provide your written comments to the Planning Department by the following date: MOVeiabo Y' 14A) 901 ?
(The Wednesday before the scheduled public hearing and/or scheduled Planning Board meeting).
Failure to provide written comments by this date will constitute your approval of this plan.
Thank you.
Page 5 of 6
1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fox 978.6889542 Web www.townofnorthandover.com
Edited 9/27/2010
Enright, Jean
From: Tymon, Judy
Sent: Wednesday, October 24, 2012 4:04 PM
To: Enright, Jean
Subject: FW: Ousler Draft Layout
Attachments: Common Driveway Special Permit Site Plan (00056973).PDF
Jean,
Another item for November 201h meeting. John Smolak will be bringing in a frontage Exception Special Permit
application for 623 Osgood St. J.Simons told him that we can waive the filing fee. I told Smolak to bring in the plan,
signed application,abutters' list and postage. Smolak said he would drop off everything on Monday.
Judy
From: John Smolak [mailto:JSmolakCabsmolakvauahan.coml
Sent: Wednesday, October 24, 2012 3:40 PM
To: Tymon, Judy
Subject: FW: Ousler Draft Layout
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: hftp://www.sec.state.ma.us/pre/preidx.htm.
Please consider the environment before printing this email.
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Enright, Jean
From: John Smolak [JSmolak@smolakvaughan.com]
Sent: Monday, October 29, 2012 10:43 AM
To: Tymon, Judy
Cc: Enright, Jean; 'John L Simons'; 'John Simons'
Subject: RE: 623 Osgood Street-- Frontage Exception Special Permit Application
Attachments: Frontage Exception Special Permit 10.29.12 (00057174).PDF; Site Plan 10.29.12
(00057175).PDF
Hi Judy:
Attached please find a Frontage Exception Special Permit Application with accompanying Memorandum in Support, Site
Plan and abutters list.
Since I understand that Town offices close at 11 am this morning, I wanted to get the attached to you via email with hard
copy to follow tomorrow.
Thank you.
Regards,
John
John T. Smolak, Esq.
Smolak&Vaughan LLP
East Mill
21 High Street, Suite 301
North Andover, Massachusetts 01845
Tel. 978.327.5220 (Main)
Tel. 978.327.5215 (Direct)
Fax 978.327.5219
E-Mail: jsmolak _SmolakVaughan.com
Web Address: www.SmolakVaughan.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