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Home My WebLink About2004-02-05 Legal Correspondence ii LAW OFFICE OF MARK B. JOHNSON 12 Chestnut Street 1 0 04 Andover,Massackausetts 01810-3706 i h..,1.i"i'<i A,y,n(')vE(l (478}475-4488 Ui-J'Al 1l NWN'r Telecopier: (979)475-6703 Paralegals MARK B. JOHNSON (MA,NH,DC) KATHRYN M.MORIN DONALD F. BORENSTEIN (MA,ME) LIANNE CRISTALDI JAMES BONFANTI (MA) JOAN H.DUFF MARK A. MEROLLI (MA,IL) MICHELE C.JONIKAS SI-IAUNA E.McCARTHY,J.D. January 20, 2004 Fax 978-688-9542 UPS Overnight Heidi Griffin Director of Community Development and Planning Town of North Andover 27 Charles Street North Andover, MA 01845 Re: Eaglewood Shops/ Coachman's Ridge Dear Heidi: I represent Coaclu-nan's Development LLC and this letter is in response to the North Andover Planning Board's request that my client state its concerns regarding the proposed Eaglewood Shops which is located adjacent to the 80 unit Coachman's Ridge residential community. The following is a summary of my clients concerns: 1. Buffer Between Shopping Center and Residences: Coachman has not received a buffer plan showing a buffer sufficient to minimize the exposure of this commercial use to the residential Coachman's Ridge. Coachman has proposed that the developer of the Shopping Center supply and install a solid 8ft vinyl fence in Cape Cod Gray and a minimum, triple row of staggered trees be planted on our side of the fence in effort to establish an adequate buffer between the properties. My client proposes that Eaglewood be required to plant trees along the entire property line behind our Building 3 and their Retail 2 (to be 16ft in height) as I understand was verbally promised by Mr. Hamlin, to counter the inadequate height of the berm. All other trees moving towards our Building 1 and Retail 3 to be a minimum of 10ft as formally discussed. Coachman requests that the nlix of trees be White Pine, Spruce (type to be F:4New-nocs�mlle homes olnew england II60,Wk coachman's ddge-Tina1 comp perWgiffin-Ar 1.20-44.doc Heidi Griffin, Town Planner January 20, 2004 Page 2 determined) and Red Maple, with a minimum caliper of 3 and %a inches. I understand that the developer has asked that some of the landscape buffer be placed on Coachman Ridge property. We are agreeable to this request if we are able to reach an agreement on the landscape buffer plan, a description of the walls and a count and size of the trees being proposed as part of the berm. Eaglewood should be required to maintain and warrant these plantings for a minimum of two years. Upon inspection after warranty period, any unhealthy or dead trees should be replaced at the expense of Eaglewood Development. 2. Dumosters: The location proposed consolidates 4 large commercial dumpsters up against the property line next to residential buildings. This location is not acceptable. Coachman requests that the dumpsters be relocated to a location farther from the residences. The current location is closest to the residences. The location notwithstanding, it is Coachman's understanding that the dumpsters will be sealed and completely enclosed by a fence. If the containers are 5ft, in height, the fence should be no less than 6ft., blocking any view from the Coachman property. 3. Retaining Walls: Coachman understood that all retaining walls to be installed were going to be a transition from our property, dropping the grade to the Eaglewood property and that the wall would be apparent only from the Eaglewood side. After reviewing the larger scale plan Coachman recently received, it appears that certain elevations indicate that these walls will be indeed facing Coachman's residential buildings and that the proposed berm will do little in screening this eyesore. I request that full detail and elevations be added to this plan, prior to any further discussions on how to reach a mutual solution 4. Exterior Lighting in the rear of commercial Buildings—Based on the photograph provided the exterior lighting on the rear of the Shopping Center appears acceptable. If I understand it correctly, the rear lighting will consist of sconce lighting above the rear exit doors only and will not cause overflow of light or infringe on the comfort of our abutting residential homes. 5. Rear Exterior Finish—Coachman had requested that the rear exterior of the building be as aesthetically pleasing as the front. It seemed clear in the diagrams presented at the meeting that the exterior finish will consist of vinyl siding with contrasting color breaks between the individual tenants, as well as the exit doors. Coachman has been told that the roof will have gables and finished in a slate architectural shingles, however Coachman has not seen an approved plan showing this detail. It was verbally FAWew-Qocslpulte homes of new england II600.565.6 coachman's ridge-final comp permitlgdNin-Itr 1-20-04.doc ' I Heidi Griffin, Town Planner January 20, 2004 Page 3 i E discussed with Mr. Hamlin, that the building itself will be approximately 14 feet in height, with the roof adding an additional 4 feet. But Coachman has not seen a plan showing this. My client would be happy to meet with the Planning staff or with the developer to try to try to resolve these issues so that the development will not impact the unit owners at Coachman's Ridge. Should you have any questions, please feel free to contact me. Very truly yours, 3o son cc; Julie Parrino cc; Ross Hamlin, Eaglewood c/o Vanasse Hangen Brustlin, Inc. (Fax 617-924-2286) I I FANew•PoWpulte homes of new england II00-565.6 coachman's Mge4nal comp permlNdffin-ttr 9-20-04.doc l October 1 4th, 2003 r ,� � Justin Woods .) Town of North Andover 27 Charles Street nt-A��r=s,a,:;�; �1 �V ' North Andover, MA 01845 It has come to our attention that on Tuesday, September 9"', 2003 Eaglewood Development LLC came before the 7BA. They were requesting approval for variances to construct the Eaglewood Shops, along Route 114 in North Andover, From what we understand, if the variances were approved the developer wilt then submit all application for Site Approval to you the Town Planner. We have had the opportunity to review the proposed site plan. As representative for Coachman Development LLC, the abutter on the Andover border of the proposed mall we would like to request notification of all public meetings pertaining to it. We are currently in the process of constructing 80 residential homes. This shall is proposed in the backyard of these homes and threatens the duality of life for the future homeowners as well as the other existing residential homes surrounding it. On behalf of our future homeowners, we would like to express some concerns and suggest that any approval of this shall be subject to the following requirements, The current proposed plan shows very few trees to remain between the rear of the mall and the homes being constructed. We propose a more acceptable buffer of trees to either remain or be planted to create a natural screening between the properties. The plan also shows an extensive anhount of exterior lighting. We propose that a requirement be made to have the lighting shut down at an acceptable hour in the evening. Perhaps, 10:00PM so as not to disturb the sleeping hours of the surrounding homes. The residential homes surrounding this proposed mall are primarily located in the rear of it. Therefore, we propose that developer be required to construct the rear of the building with the same esthetically pleasing exterior finish as the front. On the proposed plan it shows numerous dumpsters to be placed in the rear of the mall. This will not only create unsightly views for the surrounding homes, but also odor and health issues. We suggest relocating these dumpsters to a more considerate location so as not to infringe on the cornforts of its residential neighbors. l In closing we ask, is this proposed strip mall as it is currently proposed something you or the developer would want in the backyard of your family's home? 4r would you hope that your needs, also be considered? Sincerely, _ Melissa Kimball Sales Manager Pulte Homes of New England