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Home My WebLink About20180906 Correspondence - Correspondence - 31 JOHNSON CIRCLE 3/20/2019 3/20/2019 Town of North Andover Mail-Fwd:As Built Agreement NORM Z-i AN Q.OVER Massachusetts Monica Gregoire <mgregoire@northandoverma.gov> Fwd: As Built Agreement 2 messages Denise Favorat<dfavorat@g mail.com> Wed, Mar 20, 2019 at 11:29 AM To: Monica Gregoire <mgregoire@northandoverma.gov> Monica, As per our phone conversation on this matter, please see the engineering firm's note below and attached contract. They are looking to charge me $900.00 for the'as-built' plan. As discussed, at the Planning Board meeting in September 2018, 1 did push back on the need for a whole new plan, and asked if the enginner could simply provide a letter stating that the as built structure conformed to the plans. The Planning Board chairman pushed back saying that this shoujld be no big deal, that the engineer could essentially use the same plan and modify with 'as-built', and should no charge me for this. As you will see, this was not the understanding the engineering firm had after hearing your review of what was printed in the Decision. Bonnie did take notes that noted this, and therefore, there was a disconnect, or misrepresentation, between what I was told to expect at the Planning Board meeting, and what the engineering firm was told. As I am currently unemployed, and was counting on receiving my $4,000 bond release, without an additional $900 in engineering charges, this is a huge issue. Given what I was told by the town, how can the town rectify this situation? If the town could pay the bill, or refund me my Building Permit cost, then this would resolve the problem. Please advise. Thank you for your assistance. benise Favorat dfavorat@gmail.corrt M: 978-807-9607 ---------- Forwarded message--------- From: Steve Sawyer<SSawyer@csi-engr.com> Date: Tue, Mar 19, 2019 at 4:12 PM Subject: As Built Agreement To: dfavorat@ginall.corn <dfavorat@gmail.com> Cc: Jill Dewey<jill@csi-engr.corn> Hi Denise, See attached for as-built scope and fee agreement. Let me know if you have any questions. As I mentioned the Town Planning Department requested us to provided this level of detail. It is unfortunate Planning Board member gave you an unreal expectation of work needed here. Thanks Steve S. Stephen Sawyer, P.E Christiansen & Sergi https://mail.google.com/mail/u/0?ik=dadd 1872e7&view=pt&search=all&permthid=thread-f%3A1628539004148771164&simpl=msg-f%3A16285390041... 1/3 3/20/2019 Town of North Andover Mail-Fwd:As Built Agreement A Division of The Morin-Cameron Group, Inc. 160 Surnmer Street Haverhill, MA 0 1830 P: 978-373-0310 F: 978-372-3960 DANVERS, MA HA MILL, MA The Morin-Carneron Group, Inc. Christiansen & Sergi-, A Division of The Morin-Cameron Group, Inc, 66 Elm Street, Danvers, MA 01923 160 Summer Street, Haverhfll, MA 01830 P:978-777-8586 P:978-373-03 10 F: 978-774-3488 F: 978-372-3960 Please check out our new website at mm.morincameron.com CA to DFavorat 3-18-2019.pdf 167K Monica Gregoire <mgregoire@northandoverma.gov> Wed, Mar 20, 2019 at 11:58 AM Draft To: Denise Favorat<dfavorat@gmail.com> Cc: Jean Enright<jen rig ht@northandoverma.gov> Good Afternoon Denise, [Quoted text hidden] Monica Gregoire Staff Planner Planning Department Town of North Andover 120 Main Street North Andover, MA 01845 Phone (978)688-9535 Fax (978) 688-9542 https:HmaiI.google.com/mai1/u/0?ik=daddI872e7&view=pt&search=all&permthid=thread-f`/`3AI628539004148771164&simpI=msg-f°/`3AI6285390041... 2/3 3/20/2019 Town of North Andover Mail-Fwd:As Built Agreement Email mgregoire@notlhandoverma.gov notlhandoverma.cgov Web www.northandoverma.gov t Hours of Operation: Monday, Wednesday, Thursday 8 AM -4:30 PM Tuesday 8 AM -6 PM, Friday 8 AM -12 PM https://mail.google.com/mail/u/0?ik=dadd 1872e7&view=pt&search=all&permthid=thread-f%3A1628539004148771164&simpl=msg-f%3A16285390041... 3/3 THE MORIN-CAMERON GROUP, INC. 66 Elm Street,Danvers, MA 01923 p 978.777.8586 f 1978.774.3488 www.morineameron.com CONTRACT AGREEMENT Date: Work Ordered By: Project Information: Name: Dinise Favorat Job No: 3648 Address: 31 Johnson Circle Location: 31 Johnson Circle, North North Andover MA Andover MA Phone: Email: dfavorat@gmail.com Work To Be Billed To: Payment Terms: Name: Same Due Date: Upon Authorization Address: Price: $900 Phone: Retainer: n/a Email: Balance: Upon Delivery DESCRIPTION OF WORK TO BE PERFORMED: Morin Cameron Group to provide the following tasks based upon our discussion with Town Planning Department; 1. Site Survey of As-built conditions. 2. Draft and certify site as-built plan. 3. Engineers certification letter. If you have any questions on the above scope, please contact me to discuss. Note:See attached pages for terms and conditions of this contract and labor billing rates. MCG: Stephen Sawyer P.E. Client Date: March 18, 2019 Date: PAProposalsNoi th AndoveACA to DFavorat 3-18-2019.doex THE MORIN-CAMERON GROUP, INC. 66 Elm Street,Danvers, MA 01923 p 1978.777.8586 f 1978.774.3488 www.morincameron.com Professional Services Terms and Conditions The Morin-Cameron Group,Inc.(MCG)shall perform the services outlined in this agreement for the stated fee arrangement. ACCESS TO SITE: Unless otherwise stated,MCG will have access to the site for activities necessary for the performance of the services. MCG will take reasonable precautions to minimize damage due to these activities but has not included in the fee the cost of restoration of any resulting damage. FEE: The total fee,except stated lump sum,shall be understood to be an estimate,based upon Scope of Services,and shall not be exceeded by more than ten percent,without written approval of the Client. Where the fee arrangement is to be on an hourly basis,the rates shall be those that prevail at the time services are rendered. BILLINGS/PAYMENTS: Invoices for services and reimbursable expenses shall be submitted,at MCG's option,either upon completion of the services or on a monthly basis. Invoices shall be payable within 30 days after the invoice date.A service charge of 1.5%(or the legal rate) per month will be applied to the unpaid balance after 60 days. In addition,if payment is not received within 60 days,MCG has the right to stop work,and the client shalt indemnify and hold harmless MCG against all damages resulting from such stoppage.The Client agrees to pay all costs of collection attributed to late payment,including reasonable attorneys'fees. Retainers shall be distributed on each invoice based on the estimated percentage of each scope of services item completed. HIDDEN CONDITIONS AND HAZARDOUS MATERIALS: A condition is hidden if concealed by existing finishes or is not capable of investigation by reasonable visual observation. If MCG has reason to believe that such a condition may exist,the Client shall authorize and pay for all costs associated with the investigation of such a condition. If (1) the Client fails to authorize such investigation after due notification;or(2)if MCG has no reason to believe that such a condition exists,then MCG shall not be responsible for the existing condition nor any resulting damages to persons or property.MCG shall have no responsibility for the discovery,presence,handling,removal,disposal or exposure of persons to hazardous materials of any form. INDEMNIFICATION: MCG and the Client mutually agree,to the fullest extent permitted by law,to indemnify and hold each other harmless from any and all damage,liability or cost(including reasonable attorneys'fees and defense costs)to the extent caused by their own negligent acts, errors or omissions and those of anyone for whom they are legally liable, and arising from the project that is the subject of this agreement. Neither party is obligated to indemnify the other in any manner whatsoever for the other's own negligence. RISK ALLOCATION: In recognition of the relative risks and benefits of the project to both the Client and MCG,the Client agrees,to the fullest extent permitted by law,to limit MCG's total liability to the Client,for any and all damages or claim expenses(including attorneys' fees)arising out of this agreement,from any and all causes,to the total amount of MCG's fee or other amount agreed upon when added under Special Conditions. TERMINATION OF SERVICES: This agreement may be terminated upon 10 days written notice by either party should the other fail to perform their obligations hereunder. In the event of termination,the Client shall pay MCG for all services,rendered to the date of termination, all reimbursable expenses,and reasonable termination expenses. OWNERSHIP OF DOCUMENTS: Alt documents produced by MCG under this agreement,either original or digital,shalt remain the property of MCG and may not be used by this Client for any other purpose without the written consent of MCG. Client agrees to indemnify and hold harmless MCG from any claims that arise due to the reuse,misuse or alterations of the work documents. DISPUTE RESOLUTION: Any claim or dispute between the Client and MCG shall be submitted to non-binding mediation,subject to the parties agreeing to a mediator(s). Unless otherwise specified,this agreement shall be governed by the taws of the principal place of business of MCG. NOTICE OF IMPORTANT RIGHTS: Under the Federal Fair Debt Collection Practices Act,you are required to be given the following notices: (1)unless you dispute the validity of this debt or any portion of it within thirty days after receipt of this notice,the debt will be assumed to be valid by us;(2)if you notify us in writing within this thirty-day period that the debt or any portion of it is disputed,we will mail a copy of verification of debt to you and (3)upon your written request within this thirty-day period,we will provide you with confirmation that this office is the original creditor. If you request proof of the amount you owe,within the thirty-day period that begins with the receipt of this letter,we will suspend our efforts to collect the debt until the requested information is mailed to you. P:\Proposals\North Andover\CA to DFavorat 3-18-2019.docx THE MORIN-CAMERON GROUP, INC. 66 Elm Street,Danvers, MA 01923 p 1978.777.8586 f 1978.774.3488 www.morineameron.com 2018 RATE SCHEDULE HOURLY FEE SCHEDULE FOR PROFESSIONAL SERVICES Principal...................................................................................................................$175 Engineering or Surveying Director.............................................................$150 Professional Engineer/ Professional Land Surveyor........................$135 ProjectEngineer...................................................................................................$110 ProjectSurveyor...................................................................................................$100 Engineering Design Technician....................................................................$85-$95 Surveying Technician........................................................................................$65-$90 Draftsperson...........................................................................................................$50 Survey Crew, Robotic Assistance.................................................................$125 SurveyCrew, Two-Man.....................................................................................$135 Survey Crew, Three-Man..................................................................................$150 SurveyCrew GPS..................................................................................................$17S Soil Testing (Licensed Soil Evaluator)......................................................$100 Soil Testing (Assistant).....................................................................................$50 Permitting Coordinator....................................................................................$90 Administrative Support....................................................................................$50 Printing (24 x 36 plans)....................................................................................$3.50/pr[nt Photocopy Printing............................................................................................$0.25/page MytarPlans............................................................................................. ................$1 5/pr1nt Public Meeting (Engineer)..............................................................................$525/mtg. (3 hr. min.) Other Meeting (Engineer)...............................................................................$350/mtg. (2 hr. min.) OTHER SERVICES Environmental Monitoring, each inspection.........................................$150, LS Stakeout Foundation, up to 4 hours (w/setup, drive time)...........$500, LS Stakeout Foundation, 4-6 hours (w/setup, drive time)...................$800, LS Stakeout Foundation, >6 hours (w/setup, drive time)....................Time and Material Other Stakeout......................................................................................................Time and Material Certified Foundation Plan, House...............................................................$500, LS PAProposalsWorth Andover\CA to DFavorat 3-18-2019.doex g• Z�• 20�� Town of North Andover PLANNING BOARD .• John Simons Eitan Goldberg, Chairman . �� Aaron Preston Peter Boynton • Jennifer Luz Lori Crane,Assoc. Thursday September 6, 2018 na, 7 p.m. 120 Main Street Town Hall,North Andover,MA 01845 1 2 Present: E. Goldberg,P. Boynton,J.Luz,J. Simons,A. Preston, L. Crane 3 Absent: 4 Staff Present: M. Gregoire,B. Wolstromer 5 6 E. Goldberg, Chairman: The Planning Board meeting for Thursday, September 6,2018 was called to order at 7 7 p.m. 8 9 Rea Street Subdivision,Robert Messina,Messina Development Co.,Inc.: Application for a Definitive Subdivision to 10 subdivide Map 38,Lot 37 into seven(7)single-family residential lots with municipal water under M.G.L. Chapter 11 41,81-0, 81-T, 81-U. The project is located within the Residential 2 (R-2)Zoning District. 12 [Continued to September 25"'Planning Board Meeting. No evidence heard.] 13 14 Town of North Andover Draft Master Plan:The Planning Board will discuss and comment on the Town of North 15 Andover Draft Master Plan. Resident comment is encouraged. 16 [Continued to September 25`j'Planning Board Meeting. No evidence heard.] 17 18 CONTINUED PUBLIC HEARINGS: 19 31 Johnson Circle,Denise Favorat: Application for a Watershed Special Permit under Sections 4.136, 10.3 and 20 10.31 of the North Andover Zoning Bylaw. The Applicant proposes to construct a 14'X16', 4-Season finished 21 sunroom and 10'X10' deck within the Non-Disturbance Zone. The project is located within the Residential 3 (R- 22 3)Zoning District. 23 M. Gregoire: The revised plan has been reviewed by the Town Engineer.He added one condition which stated an 24 inspection take place prior to backfill of the infiltration system. Confirmed the addition is 224 sf. 25 D. Favorat: Questioned special conditions for erosion control, deed restriction,need for construction monitoring, 26 pesticides and herbicides, composition of driveway sealant restriction,fencing, dust mitigation and location of 27 stockpiled materials and recording of the mylar at the registry of deeds. 28 M. Gregoire: Agreed to perform construction monitoring as this is a small project. 29 J. Simons:Noted best management practices are included in every watershed decision. 30 D. Favorat: Questioned the need for a signed as-built plan due to the project being reviewed by Conservation. 31 Board: Agreed the revised plan could hand note the location of all structures and in signed by the engineer. 32 MOTION: J. Simons made a motion to close the public hearing for the Watershed Special Permit at 31 Johnson 33 Circle,North Andover,MA.P. Boynton seconded. The vote was 5-0, unanimous in favor. 34 MOTION: J. Simons made a motion to approve the Watershed Special Permit, subject to the discussed 35 amendments,for 31 Johnson Circle,North Andover,MA. J. Luz seconded. The vote was 5-0,unanimous in favor. 36 37 DISCUSSION: 38 209 Johnston Street, Corey Fritts: Waiver Request 39 M. Gregoire: This is a waiver request for a Watershed Special Permit under Section 4.136, Sections 10.3 and 40 10.31 of the North Andover Zoning Bylaw. The applicant proposes to construct a 384 sq.ft. deck within the Non- 41 Disturbance Zone.This is in the R-3 zoning District. 42 E. Goldberg:Noted updated Zoning Sections 195; 4.24. 1 2/13/2019 Town of North Andover Mail-31 Johnson Circle-Roof Drain Infiltration System Installation..... N(0lq ANb` ,OVER Massachusetts Monica Gregoire<mgregoire@northandoverma.gov> 31 Johnson Circle - Roof Drain Infiltration System Installation..... 1 message John Borgesi <jborgesi@northandoverma.gov> Tue, Feb 12, 2019 at 3:08 PM To: Denise Favorat<dfavorat@gmail.com> Cc: Kevin Murphy<kevinmurphybuilding@gmail.com>, Jean Enright<jen rig ht@northandoverma.gov>, Monica Gregoire <mgregoire@northandoverma.gov> Denise, As we just discussed I received the construction photos from your contractor for the roof drain infiltration system proposed as part of your recent addition to your home located at 31 Johnson Circle. These photos sufficiently document the construction and installation of the roof drain system and the Engineering Department is satisfied with the construction of the infiltration system. If you need anything else please do not hesitate to give me a call. Thank you. -John John J. Borgesi, P.E. Town Engineer Department of Public Works Town of North Andover 384 Osgood Street North Andover, MA 01845 Phone: 978.685.0950 Fax: 978.688.9573 On Mon, Jan 7, 2019 at 6:07 PM Denise Favorat<dfavorat@grnail.com>wrote: Hi John, Hope all is well. Have you had a chance to review the pictures of the drainage system that Kevin Murphy sent you (below) of the drainage system being installed for my addition room? Would you like to come by and see the covered trench and verify that this was done, or are the pictures sufficient? Please advise. Thank you! Deniser dfavorat@mai!.com M: 978-807-9607 On Sun, Dec 16, 2018 at 7:40 PM Kevin Murphy<kevinmUrphybUilding@g mail.com>wrote: Hello John, I am forwarding you pictures of the drainage pit/system that was installed at Denise Favorat's house at 31 Johnson Circle. Let me know if you have any questions. Thanks- Kevin Murphy ------ Forwarded message--------- From: TYLER < MU nroe22@comcast.net> https://maiI.goog le.com/mail/u/0?ik=dadd 1872e7&view=pt&search=all&permthid=thread-f%3A1625295011532594955&simpl=msg-f%3A16252950115... 1/2 • 98 Forest Street J e North Andover,MA 01845 1 hy • PH;978 688 5335 h� ® FAX:978-688-7207 Building Contractor CONSTRUCTION SCHEDULE 10/3/18 Denise Favorat 31 Johnson Circle North Andover, Ma. 01845 Install footings 10/17/18 Start Frame 10/22/18 Install roofing and siding 10/29/18 Rough electrical/heating 11/5/18 Plaster 11/12/18 Trim/paint 11/19/18 Flooring 11/26/18 Complete Job 12/7/18 Sullivan Engineering Croup, LLC Civil Engineers&Land Development Consultants June 13, 2019 Town of North Andover Planning Department 120 Main Street North Andover,MA 01845 Re: 31 Johnson Circle,North Andover Tax Map 97 Lot 62 Compliance letter for completed work—!Watershed Protection District Special Permit Planning Department; On behalf of Denise Favorat(owner) of 31 Johnson Circle,North Andover and in accordance with the"Notice of Decision—Insubstantial Change" dated 4/2/2019, I hereby submit the following letter. On June 12, 2019 I personally went out to the subject property to perform a visual site inspection of the as- built condition. I have attached four(4)site photographs showing the constructed condition and the establishment of landscaped features showing the site fully stabilized within the work limits. I found the four season sunroom, deck,project limits,and landscaping constructed in substantial compliance with the approved plan(by others) and the North Andover Planning Board decision dated 9/6/2018. It appeared all construction items,including the roof drains and infiltration chamber were constructed in accordance with the approved plan and in the approved location(s). It appeared the grass growth in disturbed areas has established and there were no signs of erosion. The erosion control barrier has been removed on the site. The owner should re-seed this area since the grass has died out where the erosion soxx was laid. If you have any questions please feel free to call or email me. Now that the project is completed and the site is in compliance with the approved plans and decision,the owner is seeking re-imbursement of the posted bond. Very Truly Yo r, I l iA r i J k Sean,PE Cc: Denise Favorat(via email) Attachments: (4)—Site Photos ,, . P.O. Box 2004 Woburn,MA 01888 (781) 854-8644 e-mail:jacksu1153@comcast.net m r - - WE c „ � . , r rM $ 0 W m -`1.......... 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