HomeMy WebLinkAbout1986-08-18 Correspondence DEF SUB (617) 745-8850
GARY S. SACKRIDER
ATTORNEY AT LAW �����"
19 NORTH STREET
SALEM,MASSACHUSETCS 01970
PLANNING AR
June 9 , 1986
Karen Nelson
North Andover Planning Board
Town Hall
North Andover , MA 01845
RE: Turner Estates
Dear Karen :
I understand that a definitive plan has been filed
with the Planning Board for Turner Estates with hearing to be
held on June 16 , 1986 .
Unfortunately , I will be away on that day and will
not be able to attend that meeting . Therefore , on behalf of
my clients , who are abutters., Mr . and Mrs . Antonelli , we would
like for you to express our concern that provisions are made
so that the proposed road will go up to the property Line and
leave a 50 foot wide path , so that we may extend the road by
a sub--division of the Antonelli land some day in the future .
Thank you for your anticipated cooperation.
Yours truly ,
Gary Sackrider
GSS : DSD
cc Mr . and Mrs . Antonelli
1
i
i
Carroll, Burke and Ciardiello
100 Johnnycake Road
No. Andover, Mass. 01845
January 16, 1981
Town Planner
Town of No. Andover
No. Andover, Mass.
This letter is to request being placed on the agenda of the
January 26th Planning Board meeting for discussion of release of
all fifteen lots in the Turner Estates Subdivision.
Bonding figures have been requested from Mr. Cyr and Mr. Lafond.
After receipt of these amounts, forms J and K will be prepared and
submitted before the meeting date.
Sincerely,
o4"
Charles A. Carroll
_ 3
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IAORTh
DIVISION OF PUBLIC WORKS
0
384 OSGOOD STREET
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TOWN OF NORTH ANDOVER, MASSACHUSETTS 011345 j
�J �RAY[o AN (5
SACNUSE 685-0950
William A. Cyr pj�.l��it►�3j _BOARD
Superintendent of Highways, Utilities, & Operations
Leo Lafond, William Hmurciak,
Supervisor of Forestry & Grounds Director of Engineering & Administration
683-9381 687--7964
January 20, 1987
Planning Board
Town Office Building
North Andover, Ala.
Gentlemen: k�e: 'I'ttrner Instates :�ubdivir�ion
This is to inforra you that I have checked the Turner ];states
Subdivision with Charles Carroll on January 15, 19iS7 and I
feel. that the 'ft,000 bond figure should be sufficient to cover
any necessary tree planting.
As the order of conditions require the minir,,iurn cutting of trees,
1 wish to inform your board that I have observed a sizable number
of dead oak trees which were probably killed by two or three
years defoliation by the Gypsy Moths in 19F11-82-83.
1 will. check this development as it progresses so as many healthy
trees as possible can be saved.
Very truly yours,
z.
cc/Charles A. Carroll- Leo E. Lafo d, `free tfarden
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OFFICES OF: ��• y�° Town of
120 Mein Slt'['.['t
APPEALS s t' �
Not-Ili /\wlovt;r,FORTH ANDO�
BUILDING IVLISSeX ILISelli 18 i
CONSERVATION
9AC"V58 DIVISION OF (Ci17)68 i-477 i
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
MEMORANDUM
TO: Bill Hmuricak, DPW
FROM: Scott A. Stocking,,,9aner
DATE: July 19 , 1988
RE: Turner Estates Completion Date
This is a request for a recommendation from the Department of Public
Works to extend the completion date approximately one year for the
Turner Estates Subdivision,
Presently, there are six homes that have not been started or
completed.
The issue will appear on the Planning Board ' s Agenda on August 4 , 1988 .
TOWN OF NORTH ANDOVER, MASSACHUSET"'T'S
DIVISION OF PUBLIC WORKS
384 OSGOOD STREET, 01845
PAUL S. NIMAN TELEPHONE 687-7964
DIRECTOR -- ..3 4 KORTH q
i
�ss.acsauset
Memorandum
To: Scott Stocking, Town Planner
From: J. William Hmurciak, Director of Engineerin
Date: July 20, 1988
Re: Turner Estates Completion Date
At your request, we have assessed the status of the Turner Estates
subdivision and we feel that an extension of the completion date would be
appropriate.
r :
'Lon P"
OFFICES OF: � �� TOW11 of � 124) A oin SO'c ( I
APPEALS ' � Ni wlI I Al is is rvt r,
BUILDING =: NORTH ANDOVER N'I�Issi1c�11(ss(�IIS(,1845
CONSERVATION ®a ClFU94S DIVISION OF ((i 1 7)(385 477 5
HEALTH
1'1,ANNING PLANNING & COMMUNITY DEVELOPMENT
KAI tEN 11,1'. NL_i_Sc)N, I)111 C 1- )I t
July 25 , 1988
Mr . Charles A. Carroll, Trustee
CBC Trust
100 Johnnycake Road
North Andover , MA 01845
Re: Turner Estates Completion Date Extension
Dear Mr. Carroll:
This letter will serve as notification that the Planning Board
during thb&r July 21 , 1988 meeting voted to extend the completion
date for the above cited subdivision for one ( 1 ) year ,
The Subdivision completion date for this subdivision is >>ow
August 18 , 1989 .
If 1 can be of any further assistance in this matter please call .
Sincerely,
Scott A. Stockin ,AICP
Town Planner
SAS : jle
Richard Doucette, Cons. Admin.
Christian Huntress# Town Planner.
From: Haren Nelson, Director
Re: Brook Farm Subdivision
Date: November 21, 1989
Attached is recent correspondence from the Antonelli 's,
owners of the proposed Brook Farm subdivision development. THe
Antonelli 'o were in this Past summer to talk with me about the
status of Christian Way, and the difficulty they are having
welling the property due to the condition imposed by the Planning
Board. This condition requires Christian Way to be completed in
order to gain access to their site.
I believe we all should discuss this issue, and also call in
the developers of Christian Way and institute a final,comp etigll
date._
/kn
06
74
"A,�' r.
OFFICES OF: o °m Town of 120 Math Streel
BUILDING n North Andover
.� NORTH ANDOVER Massachusetts 01845
CONSERVATION .'''`.i
HEALTH 88"p1U& DIVISION OF (508)682.6483
PLANNING
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
December 5, 1989
Et Al Realty Trust
Mr. 'James Philbin, Trustee
754 Forest Street
North Andover, MA 01845
Re: Bridges Lane
Dear Mr. Philbin,
It has been brought to my attention that a safety problem exists
on Bridges Lane. Apparently several cars have slid off the road
towards the detention pond located on lot # 70 .
T would like to suggest that you address this problem by placing
a guardrail along the shoulder of the road within the right of
way.
Please contact my office so we can discuss the options that are
available at this time. As winter is now upon us and weather
conditions have already made that location unsafe I would
appreciate your immediate response to my request.
Sincerely,
Christian C. Huntress
Town Planner.
J
a\F
W 3 GOD J
PAKG 6
May 29, 1990
North Andover Planning Board
120 Main Street
Town Hall
North Andover, MA 01.845
Re: Christian Way
Gentlemen:
Please include CBC Trust on your agenda for the next regularly
scheduled meeting for the purpose of releasing funds from the bonds held
for work which has been completed on Christian Way.
Sincerely,
Charles A. Carroll
President
CAC:gak
cc: Department of Public Works
Attn: William Hmurshiak
LAW OFFICES f i}
GARY S. SACKRIDER !
19 NORTH STREET 1 �
SALEM, MASSACHUSETTS 01970
(508) 745-8850
GARY S. SACKRIDER August 13 , 1990
7S2YSR
Planning Board
Town of North Andover
120 Main Street
Forth Andover , Massachusetts 01845
RE: Turner Estates
Dear Members of the Planning Board:
I am writing to you on behalf of Margaret Antonelli and her
interest in Brook Farm, a subdivision abutting Turner
Estates .
As you probably are aware, Christian Way has not yet been
accepted as a public way . It was created as part of the
Turner Estate subdivision. The time for its completion has
expired, but the developer has still dragged his feet on the
road issue . The board has released all of the lots , but
still holds a performance bond.
This letter is being sent to you as a warning not to .release
the performance bond until the road has been deeded to the
town. In reviewing the state Appeals Court decision in Patel
v. Planning Board of North Andover , I have concluded that the
town has a duty to enforce the conditions it imposes in a
subdivision approval . In the Patel case, it was too late .
It is not too late in the Turner Estate matter.
Furthermore , I would like to point out that, when the town
finally accepts Christian Way as a public way, the deed to
the town should include a description extending to Mrs .
Antonelli ' s boundary line , not just to the end of the
completed pavement . To do otherwise will create serious
legal complications later . You can force Antonelli to
complete the final few feet of road construction at the end
of the culdesac by way of your orders of condition. However ,
if the town doesn' t accept the road to the property lane ,
enforcement of Turner' s covenant to allow road construction
there will become much more difficult as you have no leverage
left .
Yours truly,
Gary S . Sackrider
cc: Margaret Antonelli
CBC Trust
100 Johnnycake Road
No. Andover, Mass. 01845
TInuary 5, 1991
Town of No. Andover �; J
PlanningBoard �
120 Main Street ' � {
No. Andover, Mass. 01845 i
Re; Turner Estates Bond Release
Dear Sir:
This is request for a bond release for line item 15 of the subdivision approval
"As built bonding shall be in the amount of $7,500."
The subdivision "As built" was prepared by Scott Cites, RLS, and submitted to
the Planning Board and William Hmurciak.
Sincerely,
C " (�A- C anew
Charles A. Carroll, Trustee
CBC Trust
tel. 686-7724
JRNER ESTATES SUBDIVISION
)NDITIONAL APPROVAL D1.!!!!. ;.
)GUST 18 , 1986 i n
AGE 2
Auc l l I 1 29 did ' 6
In order to- insure the safe access to Turner Estates Via the
Bridges Subdivision, 17-st Way and Bridges Lane shall be
adequately completed for acceptance as a public way by the Town . , .
of North ' Andover . If the above work, is not completed, the
Planning Board will permit the developer to commence house
construction - ( release of lots ) only on a limited basis to be
determined ,by the Planning Board .
D . A set of catch basins shall be installed at. the end of lot at
the cul-de=sac . n�
1 . Prior to removal, of cul-de-sac on Bridges Lane the Planning
Board will require the applicant to show existing topographic
detail with elevations to be staked for review and approval in
the field .
Z. Prior to construction of detention areas, topographic details
of the proposed areas of : cutting and filling will require
construction detail of existing conditions with spot elevations
to be ';taked, out in the field for approval .
3 . A detailed erosion and sedimentation control program, shall be
submitted for Planning Board approval and shall be superimposed
on the plans .
4 . Prior to releasing any security, all drainage and detention
ponds shall be installed, loamed and seeded , and :.certified from:
the design engineer with as built plans detailing that all
drainage is in conformance with the definitive ,plan,-.:.;
S As built bonding shall be 3.n the amount of $7 , 500
.., v ., .
o . All conditions area
to be placed on a separate sheet to be
recorded at the registry.
7. The Planning Board shall require the design of a landscape
circle ( island) in th-e center of the proposed dead end
cul-de-sac of Christian Way by keeping as much of the existing
vegetation .
3 . Tree cutting shall be kept to 'a minimum throughout the project
in order to minimize erosion and preserve the natural features
of the site . Accordingly, the developer , in conjunction with a
Registered Arborist shall submit a `Tree Cutting and
Reforestation Plan ( the plan is for, areas of substantial
cutting and filling ) to be reviewed by the Planning Board .
This plan shall explicitly include. specific trees to be
retained . Also, the developer shall inform the Town Planner
when significant tree cutting is to occur, in order that the
Planner may determine the need to be present .
Highway Surveyor Board of Public Works Tree Dept.
Conservation Comm. Building Inspector, Board of Health
Fare Chief Police Chief Assessor
Applicant Engineer File
} j �
TOWN OF NORTH ANDOVER, MASSACHUSETTS
DIVISION OF PUBLIC WORKS
384 OSGOOD STREET. 01848
I
WILLIAM A, CYR TELEPHONE 687-7964
INTFMm DIRECTOR FAX: (508) 683-9381
04 OORTN
o � 3
p'i4iiP:'a.r 1y �
planninp Board .}
120 Main Btreet
North Ond ovor, Ma 01845
I
Att nt iona Christian Huntress
lie a Turner Estates
Christian Way
Doar Mr. Pornaa I
The Division of Public Works has reviewed the status of the
Turner Estates subdivisi= The following is a list of items
which remains to be completedo
1. Install street sign.
2. pa i zo hydrant at end of Du l-de-sac l foot, paint as l l
hydrants And raise valve boxes.
3. Glean match basins„
4. Remove dead trees within the 10 foot right of way.
. Maintain a bored for roadway and utility ma i nt onaance
until than subdivision is conveyed to the town.
6. Provide all deeds and documents necessary for the
conveyance of than subdivision roadway and easements to
the town.
very tally yo+. pol
]I V,41
J. William t• murc leak, P.E.
Director of Engineering
Administration
n
CCU William A. Cyr
Jay Burk
,T'WH n j ui
WILLIS and WILLIS
ATTORNEYS-AT-LAW
160 PLEASANT STREET
NORTH ANDOVER,MASSACHUSETTS 01845
JOHN J. WILLIS " ' 4 ` TELEPHONE 685-3551
till I: � , ; ' i
JOHN J. WILLIS, JR. FAX NO. (508) 794-8363
December 11, 1991
f
North Andover Planning Board
Town of North Andover
Town Hall
North Andover, MA 01845
RE: Christian Way Bond
Gentlemen:
on behalf of the developers of Christian Way, request is
hereby made that you release the bond being held by you for
performance of the Covenants in connection with Christian Way. It
is my understanding that all of the physical work has been
completed to the satisfaction of the departments involved.
Though it was not a requirement under your subdivision
approval , a transfer of the rights of the developers in and to the
utilities and the roadway has been executed and is on file with the
Planning Department for the Town of North Andover. 1 understand
from talking with Mr. Chris Huntress that it is his intention to
request acceptance of this along with other ways at the up coming
Town Meeting for the Town of North Andover.
z would ask that you place this matter on your agenda for your
next available meeting and inform me of the date and time. 1 will
be available at this meeting to answer any questions you may have
regarding this project.
Sincerely,
n l Wi lis, Jr.
JJW:C
r i
WILLIS and WILLIS
ATTORNEYS-AT-LAW
160 PLEASANT STREET
NORTH ANDOVER,MASSACHUSETTS 01845
JOHN J. WILLIS TELEPHONE 685-3551
JOHN J. WILLIS, JR. FAX NO. (508) 794-8363
May 12 , 1992
North Andover Planning Board
Town of North Andover
Town Hall
North Andover, MA 01845
RE: Christian Way Bond Release
Gentlemen:
Would you please place on your agenda the request of the
developer's of the above-captioned road for a final release of the
Subdivision bond being held by the Town of North Andover. I have
previously on behalf of the developer's delivered to the Board a
deed of the developer' s rights in the roadway to the Town of North
Andover. The Town at its annual Town Meeting voted to accept the
way and from the .information available to me all of the work has
been completed on the road.
This being the case, I would ask that the bond being held be
released and the developer' s be discharged from any further
responsibility.
If it be necessary that a party be present at a Planning Board
hearing to have this matter accomplished, please let my office know
the date of the hearing so that a representative of the developer' s
can be present.
Sincerely,
ohn J. illi , Jr. l�
JJW:C
KAREN H,P,NELSON ' Town of 1 120 Main Street, 01845
Director NORTH ANDOVER (508) 682 6483
BUILDING ,eaAC1 a�°
CONSERVATION a DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
June 4 , 1992
Bank of New England, Bay State
Mr. Richard Mower, Vice President
238 Essex Street
Lawrence, MA 01.843
Re: Turner Estates, Final Bond release
Dear Mr. Mower:
The Bank of New England, Bay State, is hereby authorized to
advance to Charles A. Carroll , and Ralph Ciardiello, all
remaining funds being held with regard to the above referenced
Definitive Subdivision. This action is based upon a motion to
release said funds made by the North Andover Planning Board at
their May 19, 1992 meeting. Further, the 1992 Annual Town Meeting
has voted unanimously to accept Christian Way as a public way
within the Town of North Andover.
Our records provide for a total of $ 8 , 000 . 00, plus any
interest accrued to date.
These funds are being held in accordance with the
Subdivision Control Agreement dated January 26, 1987 , Performance
Secured by Lender's Agreement between the Town of North Andover,
Etal Realty Trust, and the Bank of New England, Bay State.
Sincerely,
PLANNING BOARD
AGeorye D. Pern
Chairman
cc: Christian C. Huntress, Town Planner
Karen H.P. Nelson, Director DPCD
3
t
Town of North Andover NQRTN ,
OM— CE OF °
COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Street i �a
North Andover, Massachusetts 01845 aceHuS��h
WILLIAMJ.SCOTT
a
Direclor
i
(978)688-9531 Fax (978)688-9542
June 2, 1999
Mr. Kevin Hanley
101 Christian Way
North Andover, MA 01845
Re; Lot 14 Turner Estates
Dear Mr. Hanley,
Per your request enclosed please find a copy of your lot from the endorsed plans for
Turner Estates. I have also enclosed a copy of the Deed and Conveyance of Easements and
Utilities for the subdivision. If you have any fin-ther questions please feel free to contact me at
(978) 688-9535.
Sincerely,
'--f4eidi Crriffim
Town Planner
BOARD OF APPEALS 688-954I BUILDING 688-9541 CONSERVATION 68S-9530 HEALTH 688-9540 PLANNING 688-9535
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