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HomeMy WebLinkAboutMiscellaneous - 44 REA STREET 4/30/2018 (4) Ll �-�c.� I May_ I6--02 12 : 37 P- 02 Town of North Andover Office of the Zoning Board of Appeals n Community Development and Services Division 27 charlos Street (\arth :1ndvvrr, 01 A45 CH (). Robert Nicefta Yelephone(998j 648-95-11 Rneldir� Comm:.,itu,e•. F',�� (97t;}(it;8-rlri-i2 Date a N CD CDTO: Town cf N wrh Andover rn �M D � om 7.oning Boars o r Appeal > CD 2"1 Chaks Street co North Andover MA 01845 Cn (3- please be uavised i.hat 1 have agreed to waive the time constrainm for Lha Zoning Bcard of a;yXals to make t:decision regarding trc 9vantino of a Vdrim;c and/or Speeizd PcrmiT for praP(:i'ty locate! at: STREE r: TOWN- EETTNG DATKS): _ �� �'+U Cvo�1 ,�j- a�✓' -(1 NAME OF PET NEJ4 cj- 6 -7 Signeii' Peti:io er(or Rwo, - s r resenta ive) w,�evFa Iil S,R It�:nF A7Vt�\I_S i•`JS.:i ES J I!iXPiC..(wG8•95.1 CUN�(:A`Jrl'S•T(TN QB:S-'E��l TTR.�LT:'1 tii!i.�)�d: rr.,�1n?`;SKc:!!rK•i:.?� ME MAY 1 7 2002 D BOARD OF APPEALS may-16-02 :2 . 17 17'-02 i Town of North Andover riLR,h, Office of the Zoning Board of Appeals Community Development and Services Division I '� 27(.h7irles Street Garth nniiavrr,Massachusetts 01445 rKc„u {). Robert Nicrtta 1•elephone(978')6AS-9541 F t�� (979)(;68-9,542 Hai(dir;�Cumm.YoiNn:� Date y> O C7.0 N O >M i W: Town ct'North And()vt,rD u rrt o m "Zoning Board of Appeal: rn 27 Charles Street co North Andover MA 01845 U1 ca- Please he advised CUT I have agreed to waive the tune constrai'tt� ft)r Lha Zoning Beard of it-peals to nuke t:decisior. regarding VIC,granting"cif a Variance and for Special Permit for proprirtY located at: STREET: 'GOWN- NSEETING NAME UP PET NF Signed' Petitio e:r(or an s r irsentative) w,I,wFx lit.).0.k�:C1Y A9VL•dL��,bc.uta t IS UIU):PiC.f>•CK'9tgt ('Ur:�(sit�7lTi(?N i:2i:S=tijll` STRr�[,T'.-I h8:-c)?d:1 M.AN!+:SNCi 2!KK•`+`'� SAY 1 7 2002 U BOARD OF APPEALS To: Robert Nicetta Building Commissioner From: William J. Sullivan Chairman, Zoning Board of Appeals Date December 6, 2001 Re: Rea's earth removal "pit" at Rea &Chestnut Streets Chairman William J. Sullivan and Vice Chairman Walter F.Soule did a site review at Rea &Chestnut Streets on December 4, 2001. The earth removal "pit" has not been issued the required annual permits for the years 2000 and 2001. Information furnished by Attorney Ralph R.Joyce indicated that no further excavation of earth associated with the earth removal permit has been done since the expiration of the last annual permit and there is no further need for the earth removal permit request During the December 4th site visit,the Chairman and Vice Chairman requested that Attorney Joyce petition the Zoning Board of Appeals for the "pit" closure per Section 5 of the North Andover Zoning Bylaw. During a telephone call between Chairman Sullivan and Attorney Joyce on December 5, 2001,Attorney Joyce indicated his intention to appear before the Zoning Board of Appeals on January 15, 2002 for the purpose of closing the earth removal operation. The reforestation per Section 5, Paragraph5.8 will be discussed in this regard on January 15, 2002. Since buildings are presently being erected on what appears to be the original "pit" property without the "pit" closure,the Chairman requests the Building Department to take no action until the January 15, 2002 meeting. Town of North Andover . *tORT11 1 Office of the Zoning Board of Appeals �• A Community Development and Services Division 27 Charles Street •' ` North Andover,Massachusetts 01845 �'ss,„"''" HCHUS D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax(978)688-9542 Date 311d- 0 a- TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 C=31 o CD CD C:)c-s ' -C rrri co C-') Please be advised that I have agreed to waive the time constraints for the ZoninrnC ar oC'm appeals to make a decision regarding the granting of a Variance and/or Special Permit fo� m'n property located at: w STREET : �fES rNvt T w TOWN: N ANDa✓E2 NAME OF PETI ONER: S .00 Signed: etitioner(or petition 's representative ATTACHNflM WAIVER V !FAPPEALS 688-9 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 M4 P 12 2002 BOARD OF APPEALS DEC 0 52001 D� ATTBOARD OFORNEY RALPH R.JOYCE APPEALS i 121 Collins Landing,Weare,NH 03281 Tel. 978-685-4555 Fax. 603-529-8866 November 28, 2001 f Town of North Andover ZONING BOARD OF APPEALS WILLIAM SULLIVAN, CHAIRMAN Charles Street North Andover, MA 01845 I RE: EARTH REMOVAL CHESTNUT AND REA STREET Dear Bill: I received your phone message yesterday regarding the above cited with your concern for a reforestation plan and an abutter list. I reviewed the by-law and see nothing there that requires a reforestation plan and, accordingly, I have no specific directive as how to proceed. I hope, therefore, this letter will be accepted as a Notice of Intent to establish the details of replanting. I enclosed for your review a forest management plan that Mr. Rea has maintained over the years for the entire farm. The criteria are set out in the by-law as to the type and density of the trees required. I will replant the Chestnut Street road front in an appropriate manner consistent with the terms of the by-law and the landscaping associated with the houses to be built there. However, I think it is imperative that these areas be stabilized first with loam and seed, which work is substantially completed. The trees would not be replanted until next spring when full turf has taken hold. A substantial part of the remaining property is going to be subdivided, consisting of 20-25 lots. The roadway i r will go in adjacent to the gray house (Lot 7) and run westerly roughly parallel with the foot of the slope with houses between the foot of the slope and the road. The reforestation of theses areas is inappropriate in light of the road and, house construction planned. This work is scheduled for the fall of 2002 as the road is installed and should be revisited at that time. I will appear before the Board at the first opportunity to discuss any issues in further detail. However, with respect to your second request for an abutter' s list, there is nothing in the by-laws that requires a public hearing to close out the gravel pit. I am hesitant to open this up to a public hearing, but recognize that the Board' s jurisdiction is without question with regard to the reclamation of the gravel pit. I would like to discuss the latter issue with you further to see if we can come to an accord as to procedures . Accordingly, I think it imperative for us to meet on site. I have several plot plans on the houses under construction with detail of the retaining walls and drain systems between the houses and along the road. A draft of the subdivision plan would also be helpful together with the above mentioned reforestation plan as well as the plans already approved by the North Andover Conservation Commission and Department of Public Works . Once you have opportunity to review these plans, I am sure your concerns will abate. The most direct line into me is my cell phone, 508-662-4842 . Please call. Thank you for your continued cooperation. Very, truly y r C! E al.ph R. J yc cc: Kenneth W. Rea Robert Nicetta Sld3ddd d0 CWVO9 d (i s: 'QO01 t T 14 If, f}� " 'a 4 ?001 COMPLIANCE MEMORANDUM BOARD OF APPEAL:- 0 This Memorandum is made this 18th day of December 2001 to assist the North Andover Board of Appeals to terminate the earth removal operations conducted at the intersection on Rea and Chestnut Streets, North Andover and more specifically to address Section 5 . 8 of the zoning by-law. 1 . All restoration under Section 5. 8 (1) of the by-law is completed except as herein noted. The areas along Chestnut Street are in house construction and final landscaping, lawns and drainage will be installed in the spring of 2002 . The restoration on the upper slope is complete but subject to germination of the seed which, if required, will be replanted in the spring as the results of germination are evident . 2 . The slopes shall be in compliance with Section 5 . 8 (2) of the by-law except as shown on the Notice of Intent plans, Lots 1-6, Prepared for Ralph R. Joyce dated March 30, 2001, as revised, and as filed and approved by the Building Inspector' s Department, Conservation Department and Department of Public Works . The remaining portion of the Rea Gravel Pit was graded in accord with plans filed by Kenneth W. Rea from time to time with the Zoning Board of Appeals . 3 . Pursuant to Section 5. 8 (3) of the by-laws, all siltation basins and natural drainage patterns are reestablished and shown on the above-referenced plans including street drainage along Chestnut Street. The other drainage areas are contained internally within the Rea Farm and flow to existing drainage patterns on Rea Street, which area was never excavated, and the intersection of Rea and Chestnut Streets . 4 . Pursuant to Section 5. 8 (4) , the topsoil and seeding was restored in compliance with the criteria set out in the by-law. 5 . Pursuant to Section 5. 8 (5) of the by-laws seeding of reclaimed areas was done in compliance with the by- laws . i 6. Pursuant to Section 5 . 8 (6) of the by-law, the intersection at Rea and Chestnut is intended to stay in hay and is reforested along the roadside in accord with the by-law. The reforestation of Chestnut Street is moot as it is presently in house construction and a subdivision for approximately 32 acres will commence this fall . The upper slopes behind the house lots on Chestnut Street and the future road within the subdivision will be stabilized by seed. One section on the future road will be striped of the weeds presently germinated there and reloamed and reseeded for aesthetic purposes but probably not to the spring of 2003 . 7 . Pursuant to Section 5 .8 (7) of the by-law, all equipment associated with the earth removal operation is removed from the gravel pit and the only equipment remaining is associated with the on going house construction. Signed this day of ZZ b Z Kenneth W. Rea alph R. Joy e I Memorandum To: D.Robert Nicetta Building Commissioner&Zoning Enforcement Officer From: William J. Sullivan,Chairman Zoning Board of Appeals Date: December 23,2002 Re: Rea's Gravel Pit 44 Rea Street This memorandum is in response to your correspondence of December 18,2002 concerning Kenneth W.Rea's letter of December 16,2002 requesting that the gravel pit be considered closed. The information and drawings that Peachtree Development,LLC submitted to you concerning the future development of the property,rather than reforestation, will certainly enhance the area,upholding the spirit of Section 5.8 Restoration Standards,16.Reforestation. The Zoning Board of Appeals accepts and approves of your decision,as Zoning Enforcement Officer,that the"reforestation of the Earth Removal area is not necessary as the Peachtree Development would better sustain the area." Thank you for your attention. CC: ZBA Board Heidi Griffin,Director Community Development&Services Division Kathleen McKenna,Town Planner ZBA files i III CoQ � r✓7 ,LL c _ ' . Al c �n MMCGUIRE M, MCIGUIR http://www.state.ma.us/legis/laws/mgl/41 -81 F.ht 02-11 -20 16:12 ...................................... ......... ................. ............................ ....... ......... ................ ........ ..................... .................... ................... .................. .................. ............................ ............................ ............................. ............................ ............................. ............................ ............................. ............................... ................................. ................................. ................................... ........ ............................ ....... ............................ ........ ............................ .......... ...................... ..................................... ................................................. Town of North Andover °f 40RTil Office of the Building Department o? Community Development and Services Division * s 27 Charles Street - North Andover,Massachusetts 01845 'ssgcHuse� D. Robert Nicetta Telephone (978) 688-9545 Building Commissioner Fax (978)688-9542 December 18,2002 Mr. William J. Sullivan, Chairman North Andover Board of Appeals 27 Charles Street North Andover,Ma 01845 RE: Rea's Pit Rea Street Dear Mr. Sullivan: I am m receipt of correspondence from Mr.Kenneth W.Rea advising me of the potential sale of the subject pit area to Peach Tree Development,LLC. The proposed Peachtree Development will consist of a 29-lot cluster subdivision with 5 town house units. Research of Zoning Board records indicates that the Special Permit and Performance Bond for the earth removal operation have not been renewed since approximately 1996.I am of the opinion Mr.Rea;by not renewing the above has voluntarily ceased the Earth Removaloperate'on. Pursuant to Section 5.8 Restoration Standards,Paragraph 6 Reforestation that reads in part"All areas which are disturbed in the Earth Removal operation shall be reforested". I am of the opimon after reviewing the development Grading and Utility Plan, Sheet 8 of 21,Dated October 24,2002 as prepared by Marchionda&Associates,L.P.that reforestation of the Earth Removal area is not necessary as the Peachtree Development would better sustain the area. I have also enclosed for your review correspondence from Mr.Kenneth W.Rea stating that he has m effect entered into a Purchase and Sale Agreement with Peachtree Development,LLC and as such authorizes thein to act as agent on the parcel. I am of the opinion that the associated work shown on the development plan will electively be a better solution to closing out the Earth Removal Operation(Pit)than the reforestation. Please advise if you approve. Yours truly, I D.Robert Nicetta Building Commissioner/Zming Enforcement Officer D ,Encclos re:Letter dated December 16,2002 by Kenneth W. Rea D/ DEC 3 2002 $5 9541 BUILDING688-9545 CONSERFA'[lON 688-9530 HEALTH 68R-9>40 1 L:�\\`I\U 658-953 BOARD OF :\PPL:�LS BOARD OF APPEALS KENNETH W. REA 44 REA STREET NORTH ANDOVER, MA 01845 December 16, 2002 Town of North Andover Community Development Office 27 Charles Street North Andover, MA 01845 Attn: Robert Nicetta, Building Inspector RE: GRAVEL PIT REA STREET, NORTH ANDOVER, MA Dear Mr. Nicetta: Please be advised that I have recently entered into a Purchase and Sale Agreement with Peach Tree Development, LLC whereby I have agreed to sell a portion of my property at Rea Street, North Andover, including the area once used as a gravel pit. Peach Tree Development, LLC has file a proposed subdivision plan with the Planning Board whereby the gravel pit area will become open space upon approval. In order to facilitate this proposal I hereby request that you issue an order declaring that the gravel pit is effectively closed and that my property is in fact in compliance with all zoning regulations as they pertain to the gravel pit. Please be advised that I have not maintained this portion of my property as a gravel pit nor have I sought out any permits in conjunction with this activity for several years. It is my belief that the proposal submitted by Peach Tree Development, LLC will provide an excellent use for this property. Additionally, please accept this letter as &Uthorization to allow Peach .Tree Development, LLC through its various representatives to submit to you any documentation you deem necessary including any subdivision plans, in order to effectuate a closing of this gravel pit. I thank you for your anticipated cooperation in this matter. Sincerely(, ^ \ Die IWI.. Rea DEC 2 3 2002 " BOARD OF APPEALS Pagel of 2 Nicetta, Robert To: Nicetta, Robert Subject: RE: 530 Turnpike Street-Parking Determination Heidi —I have placed in your box a copy of my decision on the closing of Rea's Pit. Bill Sullivan has approved the dicision and will put same in writing on Monday the 23rd. The pit due to this action will be officially closed and the development process will be able to continue. ---Original Message----- From: Nicetta, Robert Sent: Friday, December 20, 2002 3:44 PM To:Griffin, Heidi Cc: D'Agata, Donna Mae Subject: RE: 530 Turnpike Street- Parking Determination I gave a memo to Kathy McKenna with a parking analysis on December 12, 2002. However, this morning I received a new site plan with a Architect's parking calculations and a new elevation plan. I will now have to perform a new Zoning Site Plan Review. A quick glance of the new plan reveals many ZBA variances are required and that the Fire Department and Disability Commission will have to be consulted. The number of proposed parking spaces, without actual count, appears to have doubled. I am of the opinion that the ZBA will also require a traffic study at the site. In any event, the 1988 Transportation Bond Bill requires that the Mass Highway Department, prior to the issuance of a building permit reviewthe impact of vehicles entering the highway. There are other issues that must be addressed with the change in plan. As next week is short due to Christmas I suggest the Planning Board continue the hearing until a complete review and required variances and comments from other parties have been received. I will also place a copy of this response with the December 12th memo in your box. -----Original Message-- From: Griffin, Heidi Sena:Thursday, December 19, 2002 3:35 PM To: Nicetta, Robert Cc: McGuire, Mike Subject:530 Turnpike Street-Parking betermination Hi Bob: In reviewing the upcoming Planning Board meeting with Kathy today(as I will be covering the meeting in her absence on January 7th)it was relayed to me that 530 Turnpike Street does not have a written parking determination as to its proposed MRI use and its conformance with zoning. I'm not sure whether you and/or Mike are performing this zoning review, however if the applicant needs to go to the zoning board of appeals for a variance, etc. he will need a written review explaining why. If you could please copy me on the memo I would appreciate it. Kathy seemed to think she needed to inform the applicant if he required a variance and I explained that was not her jurisdiction and a memo must come from your office as to conformance with parking and/or zoning. Also, can you please do me a favor-I noticed on the Peachtree Subdivision there was the old gravel pit there- I just want to make sure they do not require an earth removal permit from the D N Q W P 'ZBA. Can you please advise? As always, thanks for your assistance, DEC 2 3 2002 L) 12/20/02 BOARD OF APPEALS f TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 f ,tORTH H O`4t�au 6s ti0 Mark H.Rees ? -:r_ ' �� Telephone(978) 688-9510 Town Manager ° . " p FAX(978) 688-9556 �A4T10� 11 'QS4 CHUB' January 15,2003 Fy Mr. Kenneth W. Rea 44 Rea Street 7� North Andover,MA 01845 b l � hl Dear Mr. Rea: 5 The Town of North Andover is in receipt of your notice of intent to sell property on Rea Street and Chestnut Street,North Andover,MA,Assessors Map 98A,Lots 7& 105; Map 98B, Lots 11 &23, classified as agricultural use. Please be advised that the Board of Selectmen, at their Meeting of January 13, 2003,voted not to exercise their right of first refusal in accordance with MGL Chapter 61A, Section 14. If we can be of further assistance to you,please feel free to contact me. Sintee Mar Town Manager /kar cc: Board of Assessors Planning Board Conservation Commission Community Preservation Committee Board of Selectmen Town of North Andover Office of the Building Department o Community Development and Services Division 27 Charles Street �,,< __ �'+ North Andover,Massachusetts 01845 e�`� acHus D. Robert Nicetta Telephone (978) 688-9545 Building Commissioner Fax (978) 688-9542 December 18,2002 Mr. William J. Sullivan, Chairman North Andover Board of Appeals 27 Charles Street North Andover,Ma 01845 RE: Rea's Pit Rea Street Dear Mr. Sullivan: I am in receipt of correspondence from Mr.Kenneth W.Rea advising me of the potential sale of the subject pit area to Peach Tree Development,LLC. The proposed Peachtree Development will consist of a 29-lot cluster subdivision with 5 town house units. Research of Zoning Board records indicates that the Special Permit and Performance Bond for the earth removal operation have not been renewed since approximately 1996.I am of the opinion Mr.Rea;by not mewing the above has voluntarily ceased the Earth.Removal operation. Pursuant to Section 5.8 Restoration Standards,Paragraph 6 Reforestation that reads in part"All areas which are disturbed in the Earth Removal operation shall be reforested". I am of the opinion after reviewing the development Grading and Utility Plan, Sheet 8 of 21,Dated October 24, 2002 as prepared by Marchionda&Associates,L.P.that reforestation of the Earth Removal area is not necessary as the Peachtree Development would better sustain the area. I have also enclosed for your review correspondence from 1VIr.Kenneth W.Rea stating.that he has in effect entered into a Purchase and Sale Agreement with peace Development,LLC and as such authorizes them to act as agent on the parcel. I am of the opinion that the associated work shown on the development plan will effectively be a better solution to closing out the Earth Removal Operation(pit)than the reforestation. Please advise if you approve. Yours truly, D.Robert Nicetta Building Commissioner/Zoning Enforcement Officer Enclosure: Letter dated December 16,2002 by Kenneth W. Rea 9 D BO('ARD OF ,=IPPEO�S 8-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLAN�`NG 688-9535 BOARD OF APPEALS KENNETH W. REA 44 REA STREET NORTH ANDOVER, MA 01845 December 16, 2002 Town of North Andover Community Development Office 27 Charles Street North Andover, MA 01845 Attn: Robert Nicetta, Building Inspector RE: GRAVEL PIT REA STREET, NORTH ANDOVER, MA Dear Mr. Nicetta: Please be advised that I have recently entered into a Purchase and Sale Agreement with Peach Tree Development, LLC whereby I have agreed to sell a portion of my property at Rea Street, North Andover, including the area once used as a gravel pit. Peach Tree Development, LLC has file a P proposed subdivision plan with the Planning Board whereby the gravel pit area will become open space upon approval. In order to facilitate this proposal I herebyrequest h Q that you issue an order declaring that the gravel pit is effectively closed and that my property is in fact in compliance with all zoning regulations as they pertain to the gravel pit. Please be advised that I have not maintained this portion of my property as a gravel pit nor have I sought out any permits in conjunction with this activity for several years. It is my belief that the proposal submitted by Peach Tree Development, LLC will provide an excellent use for this property. Additionally, please accept this letter as authorization to allow Peach Tree Development, LLC through its various representatives to submit to you any documentation you deem necessary including any subdivision plans, in order to effectuate a closing of this gravel Pit. I thank you for your anticipated cooperation in this matter. Sincerely, coo, ' �n �T. Rea 2320 D 02 BOARD OF APPEALS Town of North Andover NORT" Office of the Building Department �? •�' Community Development and Services Division 4 . 27 Charles Street _ • North Andover, Massachusetts 01845 �SsgcHusE� D. Robert Nicetta Telephone (978) 688-9545 Building ComFax978 missioner ( ) 688-9542 December 18, 2002 Mr. William I Sullivan, Chairman North Andover Board of Appeals 27 Charles Street North Andover,Ma 01845 RE: Rea's Pit Rea Street Dear Mr. Sullivan: I am in receipt of correspondence from Mr.Kenneth W.Rea advising me of the potential sale of the subject pit area to Peach Tree Development,LLC. The proposed Peachtree Development will consist of a 29-lot cluster subdivision with 5 town house units. Research of Zoning Board records indicates that the Special P2rmit and Performance Bond.for the earth removal operation have not been renewed since approximately 1996.I am of the opinion Mr.Rea;by not renewing the above has voluntarily ceased the Earth.Removal operation. Pursuant to Section 5.8 Restoration Standards,Paragraph 6 Reforestation.that reads in part"All areas which are disturbed in the Earth Removal operation shall be reforested". I am of the opinion after reviewing the development Grading and Utility Plan, Sheet 8 of 21,Dated October 24, 2002 as prepared by Marchiarnda&Associates,L.P.that reforestation of the Earth Removal area is not necessary as the Peachtree Development would better sustain,the area. I have also enclosed for your review correspondence from Mr.Kenneth W.Rea staring.that he has in effect entered into a Purchase and Sale Agreement with Peau Development LLC and as such authorizes them to act as agent on the parcel. I am of the opinion that the associated work shown on the development plan will effectively be a better solution to closing out the Earth Removal Operation(Pit)than the reforestation. Please advise if you approve. Yours truly, D.Robert Nicetta Building Commissioner/Zones Enforcement officer Enclosure: Letter dated December 16,2002 by Kenneth W. Rea DFORPtl :2Q62L 88-9541 BUILDING 688-9545 CONSERVATION 688-9530 HE,IU,TH 688-9540 PL.A-NNING 688-9535 BOARD OF APPEALS KENNETH W. REA 44 REA STREET NORTH ANDOVER, MA 01845 December 16, 2002 Town of North Andover Community Development Office 27 Charles Street North Andover, MA 01845 Attn: Robert Nicetta, Building Inspector RE: GRAVEL PIT REA STREET, NORTH ANDOVER, MA Dear Mr. Nicetta: Please be advised that I have recently entered into a Purchase and Sale Agreement with Peach g Tree Development, LL P , C whereby I .have agreed to sell aortion p of m property Y P P y at Rea Street, North Andover, including the area once used as a gravel pit. Peach Tree Development, LLC has file a proposed subdivision plan with the Planning Board whereby the gravel pit area will become open space upon approval. In order to facilitate this proposal I hereby request that you issue an order declaring that the gravel pit is effectively closed and that my property iS in fact in compliance with all zoning regulations as they pertain to the gravel pit. Please be advised that I have not maintained this portion of my property as a gravel pit nor have I sought out any permits in conjunction with this activity for several years. It is my belief that the proposal submitted by Peach Tree Development, LLC will provide an excellent use for this property. Additionally, please accept this letter as &Uthorization to allow Peach Tree Development, LLC through its various representatives to submit to you any documentation you deem necessary including any subdivision plans, in order to effectuate a closing of this gravel pit. I thank you for your anticipated cooperation in this matter. Sincerely, Kenneth W. ea DEC 232002 BOARD OF APPEALS Page 1 of 2 Nicetta, Robert To: Nicetta, Robert Subject: RE: 530 Turnpike Street-Parking Determination Heidi --I have placed in your box a copy of my decision on the closing of Rea's Pit. Bill Sullivan has approved the dicision and will put same in writing on Monday the 23rd. The pit due to this action Wit be officially closed and the development process will be able to continue. ----Original Message---- From: Nicetta, Robert Sent: Friday, December 20, 2002 3:44 PM To: Griffin, Heidi Cc: D'Agata, Donna Mae Subject: RE: 530 Turnpike Street- Parking Determination I gave a memo to Kathy McKenna with a parking analysis on December 12,2002. However, this morning I received a new site plan with a Architect's parking calculations and a new elevation plan. I will now have to perform a new Zoning Site Plan Review. A P 9 quick glance of the new plan reveals many ZBA variances are required and that the Fire Department and Disability Commission will have to be consulted. The number of proposed parking spaces, without actual count, appears to have doubled. I am of the opinion that the ZBA will also require a traffic study at the site. In any event, the 1988 Transportation Bond Bill requires that the Mass Highway Department, prior to the issuance of a building permit review the impact of vehicles entering the highway. There are other issues that must be addressed with the change in plan. As next week is short due to Christmas I suggest the Planning Board continue the hearing until a complete review and required variances and comments from other parties have been received. I will also place a copy of this response with the December 12th memo in your box. ----0riginal Message-- From:Griffin, Heidi Sent:Thursday, December 19, 2002 3:35 PM To: Nicetta, Robert Cc: McGuire, Mike Subject: 530 Turnpike Street-Parking betermination Hi Bob: In reviewing the upcoming Planning Board meeting with Kathy today(as I wit be covering the meeting in her absence on January 7th)it was relayed to me that 530 Turnpike Street does not have a written parking determination as to its proposed MRI use and its conformance with zoning. I'm not sure whether you and/or Mike are performing this zoning review, however if the applicant needs to go to the zoning board of appeals for a variance, eta he wilt need a written review explaining why. If you could please copy me on the memo 1 would appreciate it. Kathy seemed to think she needed to inform the applicant if he required a variance and I explained that was not her jurisdiction and a memo must come from your office as to conformance with parking and/or zoning. Also, can you please do me a favor-I noticed on the Peachtree Subdivision there was the old gravel pit there- I just want to make sure they do not require an earth removal permit from the ZBA. Can you please advise? Asl , thanks for your assistance, 12 F&C 2 3 2002 BOARD OF APPEALS