The URL can be used to link to this page

Home My WebLink AboutMiscellaneous - 325 BEAR HILL ROAD 4/30/2018 325 BEAR HILL ROAD 210/064.0-0123-0000.0 \ UY• rV VV 1V-lr C:1.1 IJIJYJ1Jr.7 J1LLD �/, UU1 l • V l MARCUS, ERRIC09 EMARR & BROOKS, P.C. Attorneys At Law FACSIMILE TRANSMITTAL SHEET TO: FROM: Mike McGuire Patrick J. Brady COMPANY: DATE: 4/25/W FAX IQUMBER: TOTAL NO.OF PAGES INCLUDING COVER- 978/688-9542 7 P21ONE NUMBER: SENDER'S RL•FERENCE NUMBER: RF: YOUR REFERENCE NUMBER: 325 Bear Hill Road N.Andover,MA cle [3URGENT ❑FOR REVIEW [3 PLEASE COMM4NT [I PLEASE REPLY ❑PLEASE RECYCLE NOTL•S/COMMENTS: Enclosed please find the documentation you requested regarding the above matter. Should you need further assistance, please contact me. u*� NOTICE OF CONFIDENTIALITY *** THIS TRANSMITTAL IS INTENDED FOR THE ADDRESSEE(S) LISTED ABOVE AND MAY CONTAIN INFORMATION THAT IS CONFIDENTIAL AND PRIVILEGED. IF YOU ARE NOT THE ADDRESSEE(S), ANY USE, DISCLOSURE, COPYING OR COMMUNICATION OF THE CONTENTS OF THIS 'TRANSMISSION IS PROHIBITED. IF THIS MESSAGE IS RECEIVED IN ERROR, PLEASE TELEPHONE US IMMEDIATELY (COLLECT IF NECESSARY). IF YOU HAVE ANY QUESTIONS OR PROBLEMS, PLEASE CALL (781) 843-5000. 45 BRAINTREE HILL OFFICE PARK, SUITE 107 BRAINTREE, MA 02184 (781) 843-5000 (787) 843-1529 FAX VY -, VV 1V lY 1'.L (J1 VYJ1JrJ J1L'.LD wJVVV 617-320-0202 P"02 mhi en cont •®002 ` Feb--�9-00 d1 :59� --Q wrap. - COI�VI4NWF-ALT OF MASSACHUSETTS IRlp►L Colml ESSEX,6s. S12WOR COURT DEPARTMENT CA NO-9"752D DEEPAX K.GOYAL andR. SI*d C OYAL, Plaintiffs, ) V. ) DANA MUNICY,and M .EN MLTNICI- ) wird-Patty Plaiatif�, � V_ ALAN P.XF1dAXlS and EZIZ BETH XENAKIS j alWa ELIZABEM MacXENAYJ& ' Third-Party Defe��• _ — � AFFIDAV_U_OF BANK BMIL I 1,Fsaa1:Bedlanti,under rive Paws and peealtzes of perjury,do beteby depose stud say as follows: I. lam a licensed coEivactar in the C,=Moawealth of MassaehLssetts. 2. I bave exLd ,_c cxp� a in coastzuctivn and site work,having been / involved in the eonsuuctioa industry for ovot 20 years- !/ 3. I am President of NIHI Genetsl CautmtiDg Co.,Inc. Y 4. OAFe� 16.2000,1 toads a pctsensl WR ef"n of'hc Prop-rty owned by the Goyals m provide an estimace for repairs m their F!°Perty- S. I was unable to provide sn e5tjo=for repairs•as the work on the mwckIs property is ongoing. 6. on my insp"tion of she Goya'ProPaty•I shads a personal observation of the Munick preperrY. I obsrtvtd the following: / a_ Then w=e workers present and pc'rformtng work to the property ,./ ..z �.. .... � .a.a _ ✓:v ay..✓ .ua.a.0 .�vv. Sin Feb-29-00 O];"'S9 mhf sewn cont 617-320--0202 P_03�: .� r_•.w� r�.�r �A� ratO7Yzni1 �p . b. The ongoing work appears to be altmng the flow of water on the Mimick property. C, I would need pleas of the ongoing wank on rho Munick property to dere^*__inn if the presmt work is in violation of the Preliminary Injunction or alters the flow of water,but it appears the coasiruedan will alter the flow of water. d- The wall preseWy under construction does not appear to be stmuzrady sound and is not approptiate for the pm"sc of preventing water frorn flowing onto the GVal's proj?crty,as we see it now. S_ Phe foregoing opimons are based on my over 20 years experience as a G Crai Contactor. Signed undthe pains mid penalties of perjury,this er day of f ebruaty. 2000_ Frank Belland V-!i rJi VV 1V.1J C.11 I O1J•}J1JrJ J1LLD �/. UU•4 COMI�iONWEAL-M OF MASSACHUSETTS TRIAL COURT ESSEX,ss. SUPERIOR COURT DEPARTMENT C.A.NO.99-075M DEEPAK K.GOYAL and RA.Sht1'E GOYAL, j Plaintiffs, V. ) DAYA N. vj\ CK and E -Til\1 LMCK, Defendants/ d-p3rt!/Piaintif s, V. } ALAN P.XENAKIS and ELIZABETH-.4E?�IAI{IS ) a/k/a ELILEIBETH MaCIZN VJS, ) Third-Parts DefandanU- ) AFFIDAVIT OF RALPH NOBIJN,Y.E. 1,RALPH E.4L?VOBLIN:P.E.,DO E�REBY STATE AND DEPOSE AS FOLLOWS: 1 am a licemcd protes3ionai engineer.in the Commonwaaith of I1rlassachusetts,Rhode Island and Cosneotic•t and have beea retained by the Plaintiffs in this tn:ittcr- 2. 1 hjve e.Yteitsive experier_ce in P'oPerty evaluation and have been involved in the building indus-z;for over 20 years. 3. 's am the President ofNob—a&Associates:L-C.Coasulting Eft&cers. 4. On I ay 17, 1999,I made a personal inspection of the property owned by the Defendants, Dana Munick and Filen Hulick,in reiati.oe to certain flooding which was alegedly being caged to the Govais=perty as 325 Bear M Road.North Andover,MA. At that Time,I observed three(3)trenches located on the Munick property which caused water to be channeled onto the Goyals'property. Two of lcse trenches were iocated above the Mu-nicks' driveway and combined into a single trench. A third trench,Located adjancent to the Mumcks' driveway, continued under the fence on tre prop:rty line and into the Goyals' property. V't' rJ/ VU LV•1J A-.," f Vl0'lJ1-Jr J .'iLGD L(fjUU� cid the work-pe�ormed ou the property formerly ovm,ed by 5. On December 2,1999,I inspE ' 1.1�� and the Xenaki.es. I m�a personal observation of the Xensids property: property Goyal property. 1 obsm'ed the f0a0`%iU9: a, certain unprovements bare been petfomned on the Xenakis property which appear to relate to plans pro%idcd to me by a civil engineer,Lawrance Keats. I am in the process of oatairsing 3s built plans to confirm thethe work has been performed. Th:home on that Jot has also been detnonlished. b, certain work has been wmmenced on the Muniaks' property including the conduction of several tzt,lining walls along their tennis court and along the property lira with the Goya7s. Phis wodc iS in the process of being performed and does not appear to be completed. 6. I was unable to or any apprzvals ftom the Town of Noah+Andover for the work oeiag uademiken by the IvItudeks or any engineering Flans relating to the work being performed. The Work 7. Based on my inspection of tfic properties,itis me of thf eggional ert�r anand maopinloa result is . being performed on the Munick property alters tha grad Pro P inaessed water flow onto the Plaintiffs'property. I have requested copies of the engineers' pians to determine the final grad_and 5nal construction plaza. To date;I have not baa provided ,%ith same. Withom engnneedng plans aud proper documentation,l am unable to verify that these alterations wt11 not result in incre ased water flow onto the Plaintiffs'property- Iris also ray ' profal essionopinion that the stone retaining wall b constructed ad' ' hazardous condition. ron b the M Mi is riot strueuuall so e the g. tiiy inspection also revealed Pl�aiuti$schtarty,has not been filled r ot6crwix u-hich extends under the fence and onto the property, removed. This trench appears to be in the same cou&tion as it existed on my May 17, 1999. The Other trenches appear to have bei fdle3,how-ever I ata unable to determine the manner iu which th=y wa_filled and/or wbeth,:r they were Properly gmpactad. 9. The foregoing opinions are based oa my 20 rears of experience as a professicuai tngineer- SIG;`tED UNDER THE PAYS Avg Tle1 ALTIES OF PERJURY THIS_�O DAY Of DECEMBER-1999- n _ Noblin VY!rV' VV 1V•it L'_L I J1JYJ1JrJ .I�,j'.b `CSI UUG N06LIN & ASSOCIATES, L.C. CONSULTING ENGINEERS 4 RRSTSTREEP BRIDGEWATER,MA 02324 PHONE(508)279-MS FAX(508)279-1463 June 3, 1999 Marcus, Enrico, Emmer & Brooks, P.C. 45 Braintree Hill Office Park, Suite 107 Braintree, MA 02184 Attn: Jeffrey Turk, Esq. RE: Preliminary Drainage Study Goyal Property 325 Bear Hill Road North Andover, MA y Dear Attorney Turk, This office has completed a Preliminary Drainage Study of the problems being experienced at the Goyal property located at 325 Bear Hill Road in North Andover, Massachusetts. This study consisted of visual inspections on this property as well as 2 adjacent parcels; 311 Bear Hill Road and 25 Kittredge Road. In addition,we travelled to the North Andover Planning Department located at 27 Charles Street as well as the Engineering Office located at 384 Osgood Street to view documents on file. BACKGROUND INFORMATION The information on file at the Planning Department indicated that the Bear Hill area was developed beginning.in the early 1980's. As early as 1981 (and several times thereafter), there were drainage concerns expressed by abutters. A Definitive Plan of Land of Bear Hill prepared by Frank J. Gelinas and Associates, Inc. (Gelinas) was dated April 26, 1982. There lig are significant elevation changes throughout the subdivision. Significant erosion'problems have been experienced at the rear of#325 Bear Hill Road. This property is downhill from at least 2 other nearby/adjacent house lots; #311 Bear Hili Road and #25 Kittredge Road. FINDINGS x The land at the rear of the house at#325 Bear Hill Road slopes toward the house (see photos). Erosion of soil is evident in several areas and a stone wall (with integral steps) has been heavily damaged by excess surface flow/groundwater. At least one large tree has been stabilized to resist being destroyed by the erosion. In addition, excess water has found its way into the garage, causing minor damage to wall materials. A great deal of water flows onto the Goyal property from the property next door (#311 Bear Hill Road). inspection of #311 revealed a large drainage trench which runs downhill, parallel to a fence separating the 2 properties, eventually running under (and seriously undermining?; the fence onto the Goyal property. 325 Bear Hill Road Page 2 June 3, 1999 Inspection of a higher portion of the lot at#311 revealed 2 smaller trenches, which app ear to have been dug, connecting into the above-mentioned large trench. The symmetrical the 2 smaller trenches contrasts sharply with the asymmetrical nature of the large trench. These smaller trenches have concentrated runoff into the larger trench, which everrtually carries significant amounts of water onto the Goyal property. Behind the property at 311 Bear Hill Road, and possibly behind the Goyal property (the ex n act property lines are unclear at this time), is the lot known as the Xenakis property. the Gelinas drawings as Lot 39,this property is now understood to be#25 Kittredge Road. Although 25 Kittredge Road appears to have been abandoned during construction(see photos), it is my understanding that the house was occupied for several years. The rear of this lot is in an incomplete state of excavation, sloping downhill in areas toward both 311 and 325 Bear Hill Road. it appears that significant amounts of runoff from this property are concentrated at the comers of the 2 lots on Bear Hill Road. Land has been filled and trees have been planted at the junction of the three lots, reportedly by the owner of 311 Bear Hill Road. It is unclear on whose land exactly this work was done. A property line delineation by a Registered Land Surveyor will be required to permanently establish the lot borders. RECOMMENDATIONS The incomplete state of the land located at 25 Kittredge Road,combined with poor grading, results in excess rainwater flowing toward both 311 and 325 Bear Hill Road. Trenches dug at the comer of 311 Bear Hill Road concentrate some of this runoff into a larger trench which ultimately flows onto the Goyal property. Significant modifications to the drainage scheme in this area, combined with repairs to the slope, trees, stone wall, brick walk, stairs and garage will ultimately be required to correct the situation in the long term. it is recommended that, in the short term, all three trenches on #311 Bear Hill Road be filled level which will allow the water to dissipate more evenly over the relevant slopes, thereby lessening the severe erosion which is currently taking place. Please contact me if you have any questions on this. Sincerely, Ralph E. M. Noblin, P.E. President enc_ Photographs MARCUS, ERRICO, April 13, 2000 EMMER & VIA CERTIFIED MAIL #7099 3400 0002 9925 7680 BROOKS, RETURN RECEIPT REQUESTED P.C. AMs. Sandra Starr ttorneys At Law Building Inspector-Town of North Andover 120 Main Street Suite 107 North Andover, MA 01845 45 Braintree Hill Office Park Braintree,Massachusetts 02184 Telephone(781)843-5000 Re: Notice of Dangerous Retaining Wall Facsimile(781)843-1529 at 311 Bear Hill Road, North Andover, MA e-mail law@meeb.com Janet Aronson*0 Dear Ms. Starr: Richard E.Brooks Seth Emmer* V.Douglas Errico t Please be advised that this office represents Deepak and Rashmi Stephen M.Marcus Goyal of 325 Bear Hill Road, North Andover,MA. Thomas O.Moriarty*1 Jeffrey C.Turk Our clients have requested we contact you to apprise your Patrick J.Brady department of the dangerous condition that has arisen as a result of the Richard A.Eustis construction of a stone retainingll at the property located at 311 Bear Stephen D.Gill wall p p y John D.Kalish I Hill Road. As the stone retaining wall of concern is located at the top of a Judith A.Kennedy steep hill separating 311 Bear Hill Road from 325 Bear Hill Road, such Marylou Muirhead construction is a threat to the health and safetyof the public, the Go als' John T.Precobb*0 p y Therese Quijano who reside at the bottom of the hill, and their property. Douglas Troyer Robert J.Waddick Prior to the present construction, Ralph Noblin, P.E., a licensed Of counsel professional engineer, inspected the wall and found it"Not structurally sound and represents a hazardous condition." In the past days the height of t Also admitted in NY the existing wall has been increased to between six and eight feet, without *Also admitted in NH repairing or reinforcing the existing wall. Said increase in height is being $Also admitted in FL 0 Also admitted in RI accomplished by adding boulders with dimensions in excess of two feet Boston—(617)367-0006 with no additional reinforcement being added to the structure creating a Springfield—(4i3)736-7500 more hazardous situation than before. Mr. Noblin has opinioned that this Worcester- (508)791-2120 wall is in danger of collapse which will cause imminent harm to my clients. New Hampshire-(603)891-2006 Rhode Island—(401)351-2221 It is our understanding that no building permit was applied for or pbrady@meeb.com issued for this construction. However,pursuant to 780 CMR 110.3(3), the state building code requires a building permit where a retaining wall is a threat to the public safety, health or welfare and the retaining wall retains more than four feet of unbalanced fill. It is apparent a building permit is required for this construction. ,:, 2o r Ms. Sandra Starr April 13, 2000 Page Two As such, the retaining wall under construction at 311 Bear Hill Road constitutes a serious danger to the health, safety and welfare to the public,the Goyals' and their property. Therefore, we request your department conduct an immediate inspection of the retaining wall, require a building permit be applied for, issue a cease and desist order and take any and all necessary steps to ensure the safety of the public as well as to the Goyals' and their property. Please forward any results of your inspection to this office. Should you have any questions please contact either myself or Attorney Turk at this office. Thank you in advance for your prompt attention to this matter. Very truly yours, MARCUS, ERRICO, EMMER & BROOKS, P.C. Patrick J. Brady PJB:jrb cc: Leonard Kopelman, Esq. Mr. &Mrs. Goyal / 'Sw R S� )07�uy o Fl-y/,V—e r S y_ as -r/— 13��" hcS �s Sf- A�� Cvr,-�ecf• /h� V N S IC`e �of r� o�v iia u 1^'.5