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HomeMy WebLinkAbout1985-05-06 Correspondence DEF SUB TEOMA REALTY TRUST. 77 COLONIAL ROAD LAWRENCE MASS. ,., .0 184 3 DECEMBER 1, 1987 MR. PAUL HEDSTROM, CHAIRMAN. PLANNING BOARD. 120 MAIN STREET NORTH ANDOVER MASS. , 01845. Dr,.AR SIR, PLRASE CONSIDER THIS REQUEST FOR RELEASE OF BOND FUNDS BY THP FOLLOWING DEPARTMENT OF THE TOWN OF NORTH ANDOVER. b WILLIAM CYR, SUPERINTENDENT OF HIGHWAYS. T1-1E ABOVE �1BNTIONED HAS BEEN CONTACTED ?tEGARDIli1G WOR1( DOME AND SITE PE-ETINGS HAVE BEEN HELD REGARDING T1-W: PROJECT WORK. TRULY YOURS 1).A.TEOLI TRUSTEE, TE94A ESTATES. COPY TO MR, WILLIAM CYR, 'FO RM L REFERRAL FORM - - Pr,eliminar Definitive labs North Andover , Mass .. 19 .,. HIGHWAY SURVEYOR SUPERINTENDENT OF PUBLIC WORKS CONSERVATION .004HISSION BUILDING INSPECTOR ' M FIRE CHIEF POLICE CHIEF TREE - WARDEN .,BOARD OF F!F.ALTH SUBDIVISION CONTROL COMMITTEE The attached preliminary dei=initive fans were submitted to the _...._ Planning Board on A . public hearing has been scheduled .for M . on to discuss these plans May we have ,your comments anal recommendations ' concerning this subdi - - vision by no Inter than Please return this form and the - pla'n with Your comments and recomRendW ons . Think you , ann ng .oar CARUSO be McLELLAN A FORNEYS AT LAVI k ONE Uhl SQUARE ANDOVER,MASSAC HUSMYS 0 18 H) C If 617/475-6700 PETER I CARL60 DAVID L.McLE ELAN 4 August 27 , 1987 Mill Road Construction 15 Old Ferry Road Methuen, Ma. 01844 Re: Removal of Tree Stumps - Teoma Estates , Old Cart Way Dear Mr. Pandelena: Please be advised that this office represents Domenic A. Teoli in connection with Teoma Estates , Old Cart Way, North Andover, Massachusetts. The Town of North Andover has contacted Mr. Teoli in connection with removal of tree stumps in the construction of the roadway located at Teoma Estates. As you know, the Town of North Andover is very concerned about the removal and buriel of tree stumps on property which is being developed. The Town of North Andover has requested the location of any buried tree stumps located within the Teoma Estates sub-division development. Mr. Cyr together with the Community Development Department has requested that we contact you and obtain the location of any burial of tree stumps . The Planning Board requires this information immediately. Kindly contact this office at your earliest convenience. Sincerely, Peter J. Caruso PJC/j CERTIFIED/RETURN RECEIPT REQUESTED KARE+"N 11P,NELSON➢hector 120 Main Street, 01845 ° n R.. k Torn o N 'T` (508) 682-6483 BUILDING CONSERVATIO snwue� 91YISI0R OF li HEALTH PLANNING PLANNING & COMMUNITY DIFVe ' VW;S, 1994 'I Kathleen Bradley-Colwell No. Andover Town Planner Dear Kathleen, Regarding Lot 7 Old Cart Way, a proposed single family home site. The Conservation Commission instructed the chair to convey the following information disclosed at the September 22 meeting to you, and the members of the Planning Board. Understanding you have not been introduced to this project as of yet, the intent of this letter is to suggest close scrutinization of the soon to be filed application. 1) Residents ref ered to the sub--division covenant. It was suggested that this document dictates the road frontage set back at 50 feet. Thus eliminating the applicants original design proposal of 30 Feet. The applicant agreed to the existence of the covenant, however, intends to show avenues around this provision. 2) The commission suggests the following investigation, and possibly the linking of corrective action as a condition, before the issuance of a lot line adjustment. * Investigation of sub-division drainage problems; I Residents claim that the original drainage system has never been completed, in turn causing serious runoff issues. Reference to a proposed, but un-built Swale, as the problem. In contingent with the above statement the abutters share concern for the increased run-off by the addition of yet another house contributing to the already stressed situation. In conclusion I will state that it was repeatedly stressed to the audience at the Conservation meeting, that our jurisdiction lies I strictly within the enforcement of the Massachusetts Wetlands Act. A site visit has been scheduled to gather further information on the location of adjacent wetlands. Any information I or the commissioners may be able to provide to you on this matter will be at your disposal. Sincerely, - Syr` George L. Reich Chairman Conservation Comm. 1 i rarf, 2 CctzbGr 17, A995 Ms. Kathleen Bradley Worth Andover Town Planner Hain Street North Andover, HA 01BS5 Bear Ms® Dradleyt It has come to aar attention that certain actians may he accurring cancurning a parcel of town property located an Old Cart Way, Marth Andovar, HA. Said property is located adjacent to Lots 6 & 7 within a subdivisien formorly Nnown as Temma Estates scrod developed by Teava Estates Realty Trust. In a denial of a Notice of Intent ma Lot 7 Old Cart Way dated Mavember 2, t?94, the North Andover Conservation Commissian has stated in *%) The NACC takes notico of the North Andover Planning board Ps action of October 18, 1994 regarding an unwillingness of the Town to convey land of throw right of way to the applicant. Additionally, as stated in *?h in the danialt The applicant failad to report the nead for action with the Hurth Andovsr Planning Pomrd, Board of Health, or the need to negotiate a transfer U awnershiR of the quarter-circular segment of land with the Omand of Selectmano Furthermore, without a conveyance of said land tha project, as proposed, is not legally permissible without action by the Zaning Board of Appeals and/or Planning Board. Given that the land has clearly buen deemod town property by Representatives of the Town of North Andover, and since we as taxpayers and citizons of the Town of North Andover have concerns abomt our town property, we the undarsignaQ respect fully request that we be notified of any propnmod lot-linm changes, Form A submittals, or any act iun or documont filed relative to the town property, ur actions or- documents filed relative to the adjacent Lots 6 & 7 which wuuld diructly impact tho tnun property, filed oithin fahs Planning Board jurisdiction, or to tho best of your Unowledge, any other town agency� To do so, would provide a great s&rvice to the citlzmns of North Andover. Respectfully submitted and dated October 17v 1175, .f chael Henry 54 Did Cart Mr. & Mrs. Davi� Howard 30 Old Cart Way 3 old cart Lid Mr. M S. Bruce Patterson Mr. & Mrs. P��W�1_ 7ylr 394 Wotan S• rea Fir•a i Mrs. Sao Woo rd 64 Old Cart Hay, ty, 30 "'--R—ORTH—APOVER CONSERVATION COMMISSION October 30, 1995 Town of North Andover Conservation Commission 146 Main St . North Andover, MA 01845 During the process of reviewing a plot plan for my lot #7 Old Cart Way, it occurred to me that a stone wall in the northwest corner of lot 7 on the adjacent property owned by Bruce and Roberta Patterson 35 Old Cart Way was placed there in violation of the Town of North Andover We andsProtection bylaw Sections 178 .2 which states that "no person shall engage in the following activities . . . . . . . .building upon the wetland resources areas . Also, Section 178 . 4 clearly states prior to work being done that applications in the form of a Request for Determination or a Notice of Intent or both be submitted. None of this action was done . The construction of this wall is is an obvious violation of the Town of North Andover Wetland Protection Bylaws that demands immediate action by the Conservation Commission to address this situation . As an abutter to this recently completed wall, my main concern is the unknown factors of how my lot could be negatively impacted by such a structure . The law is clear in that all parties must abid6 by its statutes in order that all wetlands are given equal treatment . To allow this wall to remain in place sets the precedence that ignorance of the law is an acceptable practice and subjugates the importance of following the relevant laws pertaining to wetland protection . I am requesting that this issue be brought up at the next meeting with the appropriate notification of parties involved which will address this matter. Your assistance is appreciated. Paul E . Maus 65 Old Cart Way North Andover,98701845 (508) 687-44 Board of Selectmen Minutes June 17, 1996 Page 3. development of the Town Hall, Fire Station and the Bradstreet School on Main Street, as well as proceeding with a Request for Proposals for public safety facilities possibly combining both fire and police departments. Chief Dolan, Fire Department, discussed the need for the location to consider response times, and Chief Stanley, Police Department, indicated the location must be highly visible. William Duffy made a MOTION, seconded by Kevin Foley, to support the option to issue an Request for Proposal for the feasibility study for the uses of the Town I-Tall, Fire Station One and the Bradstreet School, as well as proceeding with the feasibility study for the Public Safety Facilities; vote approved 5- 0. TOWN MANAGER REPORTS: Old Cart Way-The Town Manager reviewed with the Board the status of the layout of Old Cart Way and the discontinued portions of the cul-de-sac. Mr. Halpin determine no present or fixture public use for the discontinued portions of the cul-de-sac. William Duffy made a MOTION, seconded by Kevin Foley, to support that Town should not pursue whatever claim it may have to the portions of cul-de-sac in question and to convey the fee in the most recently approved layout; vote approved 5-0. Airport Development Project- The Town Manager has participated in planning sessions concerning the development of the industrial property adjacent to the Lawrence Municipal Airport. The indications are that the project is viable financially. There is a small eight-acre parcel, owned by the Town of North Andover, which abuts the Lawrence property which is an abandoned well site which has been slated as part of the development. Mr. Halpin is in the process of determining whether there is any definitive future use of this well site for public water supply. While nothing definitive exists,documentation obtained from the State D.E.P. indicates that the site would not likely be re-commissioned, as a water supply. The question is if the Town wishes to walk away from the well site and add the eight acres to the development proposal, Without committing the idea, the Town Manager suggested that Merrimack Engineering proceed, as if the parcel is to be added. It is anticipated that the City of Lawrence Nvould extend its Economic Target Area into North Andover as part of this effort under a job sharing and revenue sharing arrangement. John Leeman expressed his concern that if the Town is to participate in this development, it must address issues pertaining to traffic control, noise pollution and public safety which may be impacted by increased traffic. School Department-New England School Development Council Report- The New England School Development Council has issued a report about the Town's school facilities. The Superintendent of Schools will make a presentation relative to this report encompassing the long-range plan as a future meeting. Police Academy Recruit Training Fee Agreement-Under a new law adopted by the legislature in FY 1996, the Town is charged $1,800 per recruit and has the option of charging this amount back to the recruit in order to recover it or waiving all or part of the charge. A Recruit Training Waiver Fee Agreement was presented to the Board of Selectmen for their approval, which requires a Eve-year commitment from the officer. Whatever the time the employee leaves prior to the completion of the time frame, the will recover as a pro-rated share of the training invested, Division of Public Works Report- The Town Manager updated the Board of Selectmen regarding the report of issues pertaining to the Division of Public Works. Mr. Halpin's report indicated that all issues discussed between Mr. Halpin and George Perna,Director, Division of Public Works, have been dealt with and no action is required. A report from the Massachusetts Highway bepartment on unaccepted September 15, 1997 Mr. Robert Halpin Town of North Andover Main Street North Andover, MA 01845 Dear Mr. Halpin: The purpose of this correspondence is to discuss two major concerns to the residents of Old Cart. Way. The first is the issue of the discontinued portions of the cul-de-sac an Old Cart Way. The second is the infrastructure problems related to subdivision drainage of Did Cart Way. ❑n June 21,, 19960 you sent the attached correspondence to Atty. Peter Caruso regarding "the Town s waiver of its rights" to discontinued portions of a cul-de-sac that abutt Lots b & 7 Old Cart Way (formerly referenced as Teoma Estates) . We the residents„ who comprise a majority of Old Cart Way, are requesting information pertaining to this process. It is our understanding that after one year, the "deed for acceptance of the fee in consideration of the Town' s waiver of its rights" has not been prepared. However, the Town Assessor, the Planning Department or the Registry of Deeds do not have documentation of this requested change. Specifically, we are requesting answers to the following questions: 1 ) . Was the property, in fact, transferred and does such a transfer require abandonment proceedings? 2) . Does such a transfer require town meeting approval? 3) . If town meeting approval is required„ when did it occur? 4) . If the abandonment proceedings were completed, when did this action occur? 5) . If still in the process of abandonment, when do you expect the completion? We would appreciate answers to these questions within the next two weeks. Additionally, our concern regarding the transfer of this area focuses on historical subdivision drainage problems affecting 4 downstream abutting properties. These drainage issues continue to resurface with ongoing proposals to develop Lot 7 old Cart Way. It is our concern that in addition to violating Covenants (which were created by the owners of Lot 7) , that, the development of Lot 7 is dependent upon a working infrastructure as proposed in the initial development of the original subdivision; also developed by the owners of Lot 7. This infrastructure does not appear to be adequate for the following reasons: 1. Substantial pooling of water at the invert and outlet elevations of a culvert pipe (one of three) from Lot 7 to Lots 3 & 2. 2. Frequent basement flooding on Lot BC (abutts Lot 7) which normally requires water pumps to rectify. 3. Sink holes developing along the driveway shoulder of Lot 2. 4. Substantial flooding of Boston Street and the driveway of 394 Boston Street which abutts Lot 9 of the subdivision. This area is downstream from Lots 7, 9C, 31 & 2 and is dependent an a culvert pipe ©f . . the infrastructure to- control flowing water. This water flows from a culy'ert pipe under Lot 2 to Lot 9, which then exits Lot 9 under Boston Street. Elevations for this culvert pipe do not appeal- to coincide with the subdivision plan. 5. An Engineering Report (12-21-84) submitted with the Subdivision Proposal calls for a detention area to be located on Lot 9 for purposes of storage, retention, or detention. Due to displacement of existing wetlands during road construction„ a subsequent Engineering Report (5-2-85) calls for a "compensating area for this disruption is available on Lot 9. " Both areas, whether termed "wetland replacement area", "detention pond", or "retention pond" was subsequently placed can Lot 2 without the benefit of amendments or references to changes. The aforementioned area on Lot 2 mostly contains puddles during rain and storms. b. Of utmost concern, are the original water flow calculations for the subdivision based on retention, detention, or storage areas being located on Lot 9? If calculated for Lot 9, but plaaced an Lot 2, are new water flow calculations needed for the alternate location. Lot 2 i, clearly at higher elevations than Lot 9 as depicted on the subdivision plan. 1 � r 7. On November 12, 1990, Richard Doucette (NACC Administrator) received a letter from the owners of Lot 2 (see attached) describing the subdivision drainage problems and detailing their passible origins. This letter was received before the developer received his Certificate of Compliance and before the road was accepted as a public way in the May 1, 1991 town meeting. B. The detention/retention/wetland replacement area that was constructed on Lot 2 appears to be a hybrid of several, different plans, with subsequent differing elevations and contours. 9. According to an as--built of Teoma Estates dated October 24} 1990 (i n NACC file 242-269) , the elevations of the two culvert pipes running from Lot 7 to Lots 3 & 2 (see item 1) actually form a "V". The second culvert pipe exiting the read (to Lot 3) has a higher elevation at the end of the pipe as compared to the beginning of the pipe. Additionally, the water needs to flow uphill from the pipe to higher elevations on- Lots 3 & 2. Another culvert pipe located under the driveways of Lot 3 & 2 empties into the area of pooled water on Lot, 3. The water flow from Lot 7 has to contend with water from this source as well . 10. Prior to October 1990, Lot SC did not experience basement flooding until a headwall , and more particularly a control-box structure, were constructed around the culvert pipe on Lot 7. The road was constructed between 1985-86. The headwalls and control-box were installed after requests from the Department of Public Utilities dated April 1990 to the developer (NACC file 242--269) . We are requesting an evaluation and a report with regard to the town's resolution of the aforementioned concerns with the infrastructure on Old Cart Way since it appears the town was notified of these concerns well in advance of the town''s acceptance of Old Cart Way. Additionally, we are requesting that the town postpone any decisions of abandonment of the cul-de-sac in question in the event that there may be "future public use" of this area as part of the solution to the downstream flooding concerns, which we feel may be -Further exacerbated by the development of Lot 7. Lot 7 is graded and designed to direct more water- to the existing easements that contain the infrastructure problems. A portion of the cul-de-sac may serve as an alternative easement. J Thank you for your consideration on this matter. Please send all written correspondence to the #allowing address: Old Cart. Way Residents c/o 54 Old Cart Way North Andover, MA. OIE145 r I Sincerely, Ya Mr.- -_-_- and Mrs»Michael Henry 54 Old Cart Way - - ---__ Mr, and Mrs. David Howard 30 Old Cart Way ----- ------------------------ Mr. and Mrs. George Lepke 3 Old Cart Way Mr.-and-Mrs. Bruce-Patterson 35 Did Cart Way Mr. and Mrs. Paul-Percocchi-- - 394 Boston Street - y - --_--Mr. and Mrs. SamWool+ord 64 Old Cart Way tjo/JViyi Vy:li VAA j b odovaio LNURIn ALNVU1ht( !1UU1 i TOWN OF NORTH ANDOVIM OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDO'I ER, MASSAC14USETTS 01845 ,t NaRrH , Robert J. Halpin Telephone(478)-688-9510 Town Mager FAX(978)689.9556 E-mail; rhalpin@shore,net � P1 erfJ�i4. •q� ��A 110•I�,y� ' tss.4tFfvsEt MEMORANDUM TO: Various Residents on Old Cart Way C/O Mr.and Mrs. Michael Honry }} FROM: Robert J.Halpin,Town Manager f DATE: September 25, 1997 RE: Your Letter of September 15. 1997 I have received your letter of September 15f and have made an inquiry of Attorney Feuer Caruso as to the status of the abandoned portions of the discontinued cul-de-sac. As I recall; it was his legal opinion that inasmuch as the land under the cul-de-sac diet not belong to the Town, the:easement righrs the town had in the abandoned portions of the cul-de-sic were terminated upon its abandonment. I have also inquired as to the conveyance of the fce in the public way. I will be in touch shortly regardin.- the five questions you have posed to me with more definitive information. In terms of the issues and questions you have listed, I will forward the letter to the Community Development and Public Works divisions. I would suggest that a meeting with an agenda structured around the issues you have raised mighc be the best way to respond to these ten(10) issues. i will discuss these matters with you further in the near future. CC: Joel Bard,Kopelman& Paige William Scott,Director, Community Development&Services RIN:map