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HomeMy WebLinkAbout1992-07-07 Conservation Correspondence DEF SUB Of NORTH, l � - �J �_.P M..,:��✓���� r4�_ H KAREN H.P. NELSON e��' Town Of 120 Main Street, 01845 Director (508) 682-6483 BUILDING *° ' NORTH ANDOVER �'o r.:..�'r lg CONSERVATION' '°aACHUS` DIVISION OF HEALTH AN NG PLANNING & COMMUNITY DEVELOPMENT March 16, 1993 Robert C. Bailey 135 Spofford Rd. Boxford, MA 01921 Dear Mr. Bailey: During the approval process for the Den Rock view Subdivision, there were discussions between your representatives, the Planning Board, and the Conservation Commission regarding the donation of land to the Conservation Commission. The land in question was a portion of the Shawsheen River floodplain. As you know, this land is unbuildable, but provides valuable flood control and wildlife habitat values. Now that the approval process for your subdivision is complete, I would like to discuss with you the donation of this land to the Conservation Commission, if this is indeed your intention. I will call you within one week to discuss this matter in detail. I look forward to working with you. Sincerely, Richard P. Doucette Conservation Administrator cc: Phil Christiansen George Perna, Chairman, Planning Board George Reich, Chairman, Conservation Commission Karen Nelson, Director of Planning and Community Development ,J( .., � LAW OFFICE OF CHESTNUT GREEN i' 565 TURNPIKE STREET,SUITE si ;➢ . 4 PETER G.SHAHEEN• NORTH ANDOVER, MASSACHUSETTS 01845 „ i ; f' ,� I� j. ; j JE,LEpHONE Soa MEGAN J.TAYLOR 'ADMITTEO IN MA a NM FAX 508 794.0990 September 21, 1994 Kathleen Bradley Colwell, Esquire Town Planner Town Hall Town of North Andover Main Street North Andover, MA 01845 RE: Den Rock View Dear Kathleen: As discussed at last night"'s meeting, both my client and the Buyers, Coolidge Construction, are in agreement regarding donation of the land abutting the Shawsheen River, which is in the flood plain, to the Town. 1 expect this donation will take place after title has passed to Coolidge. More than likely, this will happen simultaneously with the new road acceptance by the Town, in the meantime, call if you have any questions. t y yours, ter G. Shaheen PGS/dc cc: Coolidge Construction i j LAW OFFICE OF CHESTNUT GREEN 565 TURNPIKE STREET,SWTE 81 PETER G,SHAHEEN• NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE 5oa MEGAN J.TAYLOR 689-0800 "Aob41TTEP IN MA a NH FAX 508 794-p$9p i September 26, 1996 b Kathleen Bradley Colwell j' Town Planner Town Hall r' 120 Main Street _ North Andover, MA 01845 RE: Bailey Land Dear Kathleen: Per our discussion, enclosed herewith please find a copy of Chapter 61B, which states that the Town has the right to use this property for recreational purposes. As you know, I explained that Mrs. Bailey has submitted her property to Chapter 61B and it has given the Town the right to use her land for recreational purposes. I believe this accomplished what the Town is seeking to do with the land. I have also spoken with Frank Dushame who further informs me that my reading of 61B is, in his opinion, correct. If you have any questions regarding this matter, feel free to call. Very truly yours, Peter G. Shaheen PGS:eaa encl. cc: John McGarry J Town of North Andover OFFICE OFF COMMUNITY DEVELOPMENT AND SERVICES ° 146 Mail Street 4L ti " North Andover, Massachusetts 01845 WILLIAM J. SCOTI �sTACHOSt� Director Mr. Joseph V. Mahoney, Chairman North Andover Planning Board 120 Main Street No. Andover, MA 01845 Subject : Shawsheen River Greenway (Multi--Use Corridor) Dear Joseph, For close to two years the North Andover Trails Committee has been investigating the possibilities of developing a trail along the North Andover side of the Shawsheen River from near the junction of Route 495 and Massachusetts Avenue to the North Andover Mall and Route 114 . This activity has resulted in close cooperation with the Lawrence Trails Committee and their planning for the protection and preservation of Den Rock Park and Costello and Coyne Parks which border the Shawsheen River in South Lawrence . In the spring of 1996 the Merrimack Valley Planning Commission put together a verbal grant application request for an approximately 10 mile Shawsheen River Greenway project (in the grant application referred to as the Shawsheen Raver multi-use corridor) to extend from Ballardvale Station, Andover through Lawrence and North Andover and to terminate in the vicinity of the Merrimack River in Lawrence . The resulting grant application was submitted to the MVPC by the City of Lawrence in April 1996. This project has subsequently been endorsed by MVPC as part of the Merrimack Valley Region' s FY 1997--1999 Transportation Improvement Program and is awaiting approvals as shown in the attached documents . The importance of obtaining and/or maintaining land for a pedestrian path/bikeway access along the Shawsheen River in North Andover is a critical aspect to the success of this project . For this reason the Trails Committee urges the Planning Board to work toward obtaining space for the path/bikeway along the Shawsheen River in particular the Bailey property in the vicinity of Hawthorne Road and later at an appropriate time the LaColla property in the vicinity of Greene Street . BOARD Or APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 REALTH 688-9540 PLANNING 688-9535 1 If further information is required please let me know. Sincerely, Michael E. Goriansky, Chairman 'rails Committee encic trail map plat Ps 7 & 26 grant application MVPC endorsement Town of North Andover f kORTh 0MI . CE or o?O.s r�.o ,a s ti�0 COMMUNITY DEVELOPMENT AND SERVICES41 p 146 Main Street North Andover, Massachusetts U 1845 4RAT[ AF'1y WILLIAM J.SCOTT SA US ,Director Memorandum To: Kevin Foley, Chairman, Board of Selectmen From: Kathleen Bradley Colwell, Town Planner Date: October 21, 1996 Re: Street Acceptances - Hawthorne Place During the approval process of the Den Rock View subdivision in 1992 the donation of 18 acres of land owned by the Bailey Family adjacent to the Shawsheen River was discussed by the applicant both with the Planning Board and the Conservation Commission. The extension of the Den Rock View subdivision approval in 1994 was based in part upon an agreement to donate the land adjacent to the Shawsheen River to the Town as evidenced by a letter from Atty. Shaheen stating that the property would be donated to the Town at the time of street acceptance. The Bailey Family is no longer interested in donating the land to the Town but they have placed the property under the Chapter 61 B recreational land tax classification. All land under Chapter 61 B must be available to the general public for recreational uses. This includes hiking, nature study and observation etc. The Baileys can take this land out from under this tax classification - therefore public access is not guaranteed forever. The Town of North Andover in conjunction with Andover and Lawrence applied for and received a grant to develop a trail and bike path along the length of the Shawsheen River. The Bailey Family parcel is part of this proposed trail system. As a compromise, the Planning Board has asked that the Baileys provide an easement for the trail in a location to be determined in the future, John McGarry, the current owner/developer will report back to the Planning Board prior to Town Meeting on the status of the easement. CC. Planning Board BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 10/29,11996 11:fi'2 508 941J2P'- :9HAHEEN LAIC! OFFICES PAGE C42 I October 28 1996 Kathleen Colwell, Town Planner Town Hall Annex 120 Main Street North Andover, MA 01845 Re, Trail r•asement }dear Ms. Colwell: This letter will confirm that the Bailey Family Realty Trust is Willing to grant the Town of North Andover an easement across and through our property for the sole purpose of establishing hikixi.g trails along the 5hawsheen River. The grant of this easement: is conditioned upon the following, > Mutually agreeable location of the easement, > That the Town will hold.The Bailey Family Trust harmless from any liablity should a hiker or user of the easement be injured while using the easement, except if the injury is caused by our negligence. > That the Town will erect a placque somewhere on the trail stating that the trail is in memory of my father, Kenneth C. Bailey. Please have the trails committee contact me so we can discuss the location of the trails. Sincerely, r Robert Bailey, Trustee of the bailey Family Realty Trust 10/29/96 12:49 TX/RX NO. 1885 P.002