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HomeMy WebLinkAboutUNK (3) K Law Office Of V P-r-1 ALBERT P. MANZI III ATTORNEY AT LAW 24 Main Street North Andover,Massachusetts 0184 3 'OV 10 N 2: 1 TeL 978-681-6618 Fax 978-681-6628 www.manzilaw.net J OF COUNSEL Nicole Reilly,Esq.(MA) VIA HAND & ELTRONIC DELIVERY November 10, 2008 Rosemary Connelly Smedile, Chairperson North Andover Board of Selectmen 120 Main Street North Andover MA, 01845 RF: OPPOSITION TO POLE PETITION BOXFORD/FOSTER STREET PLAN NO. 5421722 DATED 9/18/2008 SERVED ON ABBUTER 9/5/2008 Dear Chairman Smedile: In response to the aforementioned pole petitioned hereinafter ("Petition") for Boxford/Foster Street incorporated by reference, attached hereto and made part hereof, served on or about November 5, 2008 to this abutter for a hearing on November 10, 2008, please note this Opposition per the record as to granting said Petition. It is requested the Petition for Boxford/Foster Street be denied in its present form, or in the alternative,it is requested this petition be continued to a mutually agreed date certain the so as to further investigate to 1) the scope and gravity of the proposed petition; and 2) Commission a study as to viable alternatives as to the Petition's proposed plan. As grounds in support of this Opposition please note the following: 1) Notice of the aforementioned petition was received by this abutter via regular mail on Friday November 7"'which is not adequate time for this abutter to understand the scope and gravity of the petition and its impact on this abutter's property. Please note plan petition is dated September 18, 2008. 2) The Petition plan illustrates a"Proposed Anchor" to be installed behind existing Pole #2. The Proposed Anchor and Pole #2 appear to be at the beginning of this Abutter's driveway. The plan is "Not to Scale" and the "Distances are Approximate" as to the actual location of the "Proposed Anchor". The exact Pagc 1 of 2 location of the "Proposed anchor"is unknown and so too is whether the anchor will encroach on this abutters property. The petitioner should be required to submit engineered plan stamped by a Registered Professional Land Surveyor as to metes and bounds of property lines and tie-locations for poles and anchors. 3) The "Proposed Anchor" to be installed behind existing Pole #2 will likely cause a safety hazard to this abutter,his family, and invitees to the property with respect to access/egress from his driveway as the "Proposed Anchor"will visually impair the southerly view of traffic. 4) This abutter's property fronts on Foster and Salem Street. From the intersection of the two streets to the "Proposed Anchor"to be installed behind existing Pole #2 are five (5) existing anchor wires;Two were reluctantly granted by easement from this abutter at the intersection of the streets. Notwithstanding, the anchors remain unsightly. Based on the plan of record, the"Proposed Anchor" coupled with the existing Foster Street anchors will likely cause a safety hazard to this abutter, his family, and invitees to the property with respect to access/egress from his driveway as to the southerly view of traffic. 5) An alternatives analysis,including but not limited to underground distribution should be explored for this Petition and its proposed plan. 6) A site visit as to this Petition and proposed plan is requested. In closing it is requested the Petition for Boxford/Foster Street be denied in its present form or alternatively continued to a mutually agreed date certain based on the aforementioned. Thank you for your time and consideration. Very truly yours Albert P. Manzi ll1, Esquire Page 2 of 2