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HomeMy WebLinkAbout1993-06-08 Correspondence DEF SUB KAREN HT,NELSON �� r Director ; IM Town Of 120 Main Street, 01845 BUILDING NORTH ANDOVER (sos) 682 64s3 CONSERVATION @a'�M°&6. DIVISION of HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT March 27, 1995 Mr. Carmen Corsaro 12 Walker Road North Andover, MA 01845 Re: Warrant Article: Booth Street Dear Mr . Corsaro, The Planning Board has scheduled a discussion regarding Booth Street on April. 13 starting at 7 : 00 . Please be prepared to present your article to the Board and to any members of the public that may attend. If you have any questions please do not hesitate to call me at 688-- 9535. Sincerely, Kath leen Bradley Crlwell Town Planner i 3 JAMES T. LYNCH CONSTRUCTION CO., INC. GENERAL CONTRACTOR BACKHpE SERVICE • ASPHALT PAVING • SNOW PLOWING ` 90 MAIN STREET NORTH READING, MA 01864 (508) 664.3164 8/13/93 S&S Builders Inc . Pro�asa� for uradin, Booth Streeter North.Andover Ma . Plans by Christiansen and Sergi. 160 summer Street Haverhill , Ma . ,01830 508 - 373 - 0310 i Dated Jan . 1 ,1993 - Revised 5/28/93, 6/21/93 Scope of work to be preformed according to plans . Clearing of work area . Erosion control measures . Water main - approximately 570, feet of 8" water main with 2 hydrants ,sketched on plans . Sub-grade road area Drainage system - 4 catch basins and piping to RipRap area . 1 leaching catch basin. Gravel roadway . Install slope granite . Asphalt work . Loom and seed . Total $54, 300 0 J mes T. Lynch a LAW ( FFICES OF RALPH R. )YCE ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA 01845 RALPH R. JOYRE (505) 685 - 4555 FAX 585 - 3148 December 7 , 1993 Town of Forth Andover PLANNING BOARD 120 Main Street North Andover , MA 01845 RE : S & S BUILDERS , INC . BOOTH STREET SUBDIVISION Dear Sirs : Please accept this letter as 111y certification that the road and utility ensements, as required by the Board ' s approval nr] the above-cited subdivision are :recorded together with the "Cama.so" easement on the water Main . The original documents with registry stamps are presently held by the recorder and I will deposit copies with Kathy upon receipt . Very' ru 1 yc� iz.s; r 12 �yc RR J :1n,j ,j i TOWN OF NORTH AN©OVER MASSACHI -TTS OFFICE OF TOWN MANAGER 120 MAIN STREET, 01846 f µORTN 0 t� ac a ti James P. Gordon �+ ' °< TetepkoN 682.6483 Town Manager 10- p ♦ " X / uusf< MEMORANDUM TO: William Hmurciak, Assistant Director, Div. of Public Works FROM: James P. Gordon, Town Manager DATE: August 10, 1.993 �, r RE: Water Line Easemen - Mr. & Mrs. - Camuso I spoke with Mr. Camuso today and asked him for permission to stake out the area where we would proposed to lay a water line across his property. For this purpose, it will be very helpful to stake the easement area, as well as the area of the trench, where the water line would be laid. Mr. Camuso has agreed to allow us to do this so he can have a better idea as to the exact route of the water line. If Mr. & Mrs. Camuso was to agree to this easement, it would be necessary for us to supervise the laying of that line so that there would be the least amount of the disturbance in the area. I would appreciate it if you would see to it that the stakes are set so that I can continue my discussions with Mr. Camuso. Thank you. CC: George Perna, Director, Division of Public Works Mr. & Mrs. Camuso', 124 Blueberry Hill Lane ✓Kathleen Bradley, Town Planner JG:map Ot It nr iCA.REN H.P.NELSON �r'' � Town of 120 Main Street, 01845 D!Y¢CIo Y R BUILDING '� Re• NORTH ANDOVER (508) 682 e4ss CONSERVATION sBAC"u$ei DIVISION of PLANK NG PLANNING & COMMUNITY DEVELOPMENT July 23 , 1993 Ralph Joyce Esq. 95 Main Street North Andover, MA 01845 Re: Booth Street Dear Attorney Joyce, The Planning Board did not endorse the Booth Street Subdivision Plans as the cul-de-sac must be moved outside of the right-of-way. The Planning Board would also like to have an affidavit submitted as to the progress made thus far in obtaining an easement for the construction of the watermain. If the catch basin is relocated outside of the right of way, the Board will sign the plans at a special meeting to be held on Wednesday, July 28 , in the Planning Office at 7 : 00 pm. The Planning and Department of Public Works Staff will be meeting prior to the Wednesday night meeting to outline an approach for obtaining the watermain easement. The Planning Board will want to discuss this approach with you. If you have any questions please do no hesitate to call me at 682-6483 ext. 24 . Sincerely KathleenE. Bra le Town Planner CC. K. Nelson, Dir. PCD R. Nardella, Chair PB Booth. 6 LA OFFICES OF RALPH F, JOYCE ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA 0184S RALPH R. JOYCE (50a) 685 4555 FAX 665 - 3148 i July 14 , 1993 Town of forth Andover KATHLEEN BRADLEY, PLANNING HOARD 1.20 Main Street North Andover, MA 01845 i RE : S & S BUILDERS, INC. BOOTH & W'ESLEY STREETS SUBDIVISION Dear Kathy: I enclosed a separate easement to Booth Street granting the right to pass and repass which can be recorded at any time over and above the other utility easements and deed for fee in the way as were deposited with you in escr-OW. _ V e y Ralph R . 'yce RRj:mjj ENC. cc : S & S Builders , Inc. LA OFFICES OF RALPH F 'IJOYCE ELLIS BUILDING 95 MAIN STREET N13RTH ANDOVER, MA 01845 RALPH R. JOYCE (50B) 685 4555 FAX 685 3148 July 14 , 1993 Town of North Andover KATHLEEN BRADLEY, PLANNING BOARD 120 Main Street North Andover , MA 01845 RE : S & S BUILDERS, INC. - UTILITY BASEMENTS BOOTH & WALLACE ST. SUBDIVISION Dear Kathy: I enclosed a Form M Utility Basement which grants unqualified rights to the Town. of North Andover to access the water , sewer , and drainage utilities . This easement , while fully executed and recordable, is to be hold by you in escrow pending the resolution of the water main issues . We will continue to pursue the easement rights to bring the main in from Blueberry Hill . In the event we are able to effect this water main extension, we will substitute a new easement granting limited utility tie ins to the general public upon terms negotiated by you and I pursuant to paragraph 11 of the Board ' s decision. In the event such easement cannot be effected , then at some point in time I presume you and I will agree you can go to record with the Form M easement that is deposited in escrow. Thank you for your consideration in this matter . Very," t;Zily you. P RRJ :mjj enc . cc : S & S Builders , Inc . LAW FFICES Or, RALPH R. - DYCE RALPH ® joyat: '95 MAIN STREET SM2 MS-4655 NORTH ANDOVER, MA UM" VAX MS-3148 July 11 , 1993 Town of North Andover WILLIMI HHURCIAK, PUDE-IC WORK,-;, Dt,PARTMUMT 384 Osgood stleet Kox th Andover , 14A 01845 S BUILDERS , INC. BOOTH & �,MbLACB ST, S(jBD' vj s'f Ok4 Dear Mx . Hmux ciak! I e-I Ic' d a finalized plall for tlge' f0ooth '13taL Stfl=)d 'ro�).0 'iVigiori rC�f�Gfttjy e'Y t 'Xg Bo u:d. K .hdl Y isarc YQUr lratk-ler te-) Kathy �irrxdloy of yoij� y,cvvjaw ar)d acceptance Of thGse PlaRS . Th(--� Board is meotigig Oil '1707 20 , 1993 for V 3, "Tuildars" xlm Kathleen 13radley LAW IFFICES OF RALPH R. OYCE ELLIS BUILOING 95 MAIN STREET NORTH ANDEIVERp MA 01845 RALPH R. JOYCE (506) 6135 4555 FAX 685 3146 July 11 , 1993 Town of North Andover KATHLEEN BRADLEY , PLANNING BOARD 120 Main Street North Andover , MA 01845 RE : S & S BUILDERS, INC . CONSTRUCTION SCHEDULE BOOTH & WALLACE ST. SUBDIVISION Dear Kathy: Please accept this letter as a construction schedule pursuant to the terms of paragraph 1 . (b) of the Board ' s decision dated June 9 , 1993 . The subdivision is within the buffer zone and jurisdiction of the Conservation Commission and the Applicant will secure an order of Conditions during July and August, 1993 . it is anticipated that construction would commence mid September . The utilities , road and binder will be in place in approximately 45 days together with foundations on lots 294 and 295 . The finish on the road together with sidewalk and plantings will not occur until Spring, 1994 . if the Board has any further concerns , please advise . ut�V e r y-- Y( p yc RRJ :mjj cc: S & S Builders , Inc. LAW 'FFICES OF RALPhj.4ar1\ )YCE ELLIS BLItLI]INC �.��4`t r,� l.ti?� ,c.« 55 MAIN 5TREETAf-'o�551 Nv' " NORTH ANDOVER, MAt M94�5 RAL.PH R. JOYCE t�p1 U (508) 685 - 4555 ) ri FAX 685 - 33 4B June 8 , 1993 Town of North Andover KATHLEEN BRADLE'Y , PLANNING BOARD 120 Main Street North Andover. , MA 01845 RE : S & S BUILDERS, INC. BOOTH & WALLACE ST . SUBDIVISION Dear Kathy: I reviewed the draft form of your proposed decision on the above-cited subdivision and submit herewith my recommendations that will effect a decision which is acceptable by the applicants . I made known my contention that this subdivision is approved by default , irrespective of the input you have from Town Counsel, and propose, therefore, that if the text of the decision can be agreed upon, I will file an extension for the purpose of filing your decision which will obviate these issues and effectively recognize the decision and its entry as effective notwithstanding any exception heretofore stated. I recognize the late hour versus your interpretation of the filing requirements and therefore extend to June 9 , 1993 at 5 : 00 P .M. the filing deadline . This extension is for the limited purpose of trying to agree upon the text of the decision to be effected in accord with the. preceding paragraph but in so doing I reserve all rights to our position that the subdivision is approved by failure to timely file a decision, In the event that we cannot come to agreement as to the text of the decision to be filed , I presume you will file your decision as you see fit on June 9 , 1993 and we will pursue our remedies without prejuice as to this one day extension, I am confident that this matter can be worked out and appreciate your continued efforts to that en, Very'tru y � , alph R. J ce RRJ :mjj enc . i a. An - as-built plan and profile of the site must be ! submitted for review and approval. b. The applicant shall petition Town Meeting for public acceptance of the streets. Prior to submitting a t�\ warrant for such petition the applicant must review the subdivision and all remaining work with the Town Planner and Department of Public Works. The Planning l Board must hold a portion of the subdivision security for continued maintenance and operations until such time as Town Meeting has accepted (or rejected in favor of private ownership) the roadways. It shall be the developer's responsibility to insure that all proper easements have been recorded with the Registry of Deeds. C. The Town Planner will ensure that all planning, conservation commission, and department of public works issues and conditions are satisfied and that construction was in strict compliance with all approved plans and conditions. 7. Two to two and one half inch caliper (2-2 . 511) street trees are to be placed every fifty (501 ) feet along both sides of all new roadways. A variety of species, recommended by the Tree Warden, must be planted. S. The applicant shall adhere to the following requirements of the Fire Department: a. Open burning is allowed by permit only after consultation with the Fire Department. b. Underground fuel storage will be allowed only within the Town Bylaws and State Statute and only with the review and approval of the Fire Department and conservation Commission. C. Pressurized fire sprinkler systems must be designed and installed under the direction of the fire department 9. Tree cutting shall be kept to a minimum throughout the site in order to minimize erosion and preserve the natural features of the site. The developer shall inform the Tree Warden when tree cutting is to occur. The Tree Warden may pre-approve any major tree cutting. I 10. The applicant must not retain exclusive right to the sewer and roadway. An easement will be granted to the town which will include the general public to access the roadway and utilities proposed. I t 11. The Department of Public Works and the Fire Deprtment have expressed concern over the lack of water in this area of The Subdivision Rules and Regulations for the Town of /'Nrot,A Andover require that water mains be constructed and celled to provide adequate wafer supply for domestic and fire protection use. As such, the Planning Board would encoura a water main to be installed as part of this su eivio . i Thu the Planning Board will require the applicant to W` a r' ely pursue the construction of .the watermain within the next 30 days. The applicant is directed to wor th the town staff in an effort to obtain an agrq4mtn ko j construct the watermain. 2 . Any action by a Town Board, Commission, or Department w ch requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no out lines, shall require a modification of this decision by the Planning Board. 13 . There shall be no burying or dumping of construction material on site. 14 . Any signs utilized for this project must obtain a sign permit as required by Section 6 of the Bylaw and will be reviewed by the Town Planner. The Planning Board will review any entrance sign structures. 15. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 16. Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 17 . All construction shall commence by June 8, 1995 (two (2) years from the date of this approval) and shall be completed by June 8, 1998 (five (5) years from the date of this approval) . 18 . The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees, contractors and subcontractors, and all successors in interest or control. 19. The following waivers have been granted by the Planning Board: a. Section 7 (A) (2) Width: Booth Pe.et _G laid�t in a subdivision plan recorded in At that me forty (40) foot right-of-ways were required. Therefore the Board will waive the current fifty (50) foot right-of- way requirement. 6 IAW OMM O ANTHONY k CQPA I P. C. AT ORM AT LAW A�rrY A. CommM..AU.AVROA�m t f 99 MASS.A'v� Mt i A, GAGt+rCuv NAnt ANDOM MAU,0180 &P COUNSEL . 'IIDft31HY R. f;AG1S T1EoPML.ON) 668 2M June 1, 1993 Town of North Andover 120 Main Street North Andover, MA 01845 ATT: Kathleen Bradley Planning Board' Booth L WAllaco Street eubdiviaion Dear Me. Bradleyi Kindly be informed that I represent Mr. and .Mrs. camuso of.124 Blueberry Hill Lane, who are unable to .attend this• evening Ia meeting in regards to the aforementioned subdivial'n, This Ietteir is to outline the conditions under which Mr. and . Mrs. Camuso are willing to grant an easement to s. & S Builders, Inc. , for the purpose of ,prov' 'ding water service to the adjacent . lots on which they plan to construct two Single family houses, First, that the location of the easement be clearly set forth on plans that will be subject 'to my alients' , approval. Second, that certain trees (including two apple trees) not be disturbed. Third, the' consideration for the granting of. said easement' shall be the sum of $15;000,.00. Fourth, that S & S Builders,• Inc. , shall be responsible to maintain and repair said easement, carely,• thong A an 1 AAC/tb LAW: �FFICE5 OF RALPH R. 1YCE ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA DIB45 RALPH R. J©YCE (SRB) 685 - 4555 FAX 685 - 314B May 26 , 1993 Mr . & Mrs . Cheer S . Chi.ranaknon 119 Blueberry Hill Lane North Andover , MA 01845 RE : S & S BUILDERS INC . BOOTH STREET SUBDIVISION Dear Mr . & Mrs . Chiranaknon: I represent S & S Builders , Inc . , who recently presented an application to the Town of North Andover Planning Board for approval of a two lot subdivision on Booth Street .' The Planning Board requested that we explore means of bringing a water main into the area and three alternatives presented themselves , one of which is to extend the water main at the end of Blueberry Hill Lane through the Camuso property. This involves not only obtaining an easement from the Camusos but also to confirm the easement that presently exists over your property as access from Blueberry Hill to the Camuso property. This easement was drafted to provide driveway access and I question whether it is broad enough to serve as an utility easement . Accordingly, we are requesting a confirmatory easement from you to redo the previous easement and make it clear that the right exists to bring in the water main as requested by the Planning Board. I enclosed my previous letters to the Planning Board together with the estimates for providing water supply from either Hillside Road and Chestnut Street as requested by the Planning Board. Kindly call my office and advise if you are willing to grant the easement and to discuss the considertion therefore . Ve tr y Y a ph R. Joyc V'1�' RRJ:mjj enc . CC .* S & S Builders , Inc . North Andover Planning Board Gerald Camuso Anthony Copani , Esq. I LAW FFICES OF RALPH R. 4' YCE ELL►8 BUILDING 95 MAIN STREET NORTH ANDOVER, MA ©1845 RALPH R. JOYGE (5aa} 6BS 4555 FAX 685 - 314S May 26 , 1993 Town of North Andover RICHARD NARDELLO, PLANNING BOARDr `r KATHLEEN BRADLEY, PLANNING BOARD 120 Main Street North Andover , MA 01845 RE : S & S BUILDERS , INC . BOOTH & WALLACE ST. SUBDIVISION Dear Rick and Kathy: I received a call from the Chairman of the Planning Board indicating that he followed up with the Camusos since the Board' s last meeting regarding the easement to extend the water main from Blueberry Hill Lane to the Booth Street subdivision . The numbers quoted in my previous letter were $28 ,000 . 00 for the installation of the main and are based upon a bid filed with S & S Builders , Inc . The presentation I made to the Board also included a $25 ,000 .00 estimate for engineering, legal and easement costs so as to establish the right to bring in this main . Mr . Nardello indicated that the Board was anxious that , if at all possible , the builders bring in the water main irrespective of the Board' s vote that evening. Accordingly, with respect to his wishes , I followed up to ascertain whether my estimate of $25 ,000 . 00 is accurate . Prior to the last presentation before the Board, I spoke to Atty. Anthony Copani on behalf of the Camusos , and offered $2 ,000 . 00 in consideration of the easement . He indicated that Mr . Camuso would consider it and would likely examine the cost of the alternatives for routing the main and look to split the cost of the various schemes . I confirmed with Atty. Copani that the Camusos would grant this easement in consideration of $15 , 000 . 00 in a discussion last Turesday, but this counter offer was not accepted as it is considered excessive and could still be negotiated. The property is registered with the Land Court and in order to establish a confirmatory and extended easement Lot 39 , ( property owned by Chiranaknon at the end of Blueberry Hill ) and the Camuso lot would be shown on a new plan evidencing the full scope of the easement through to Wesley Street . The Land Court requirements for preparing a plan are more stringent than unregistered property and Mr . Christiansen has estimated the r by the present owner of Lot 39 in order to be viable for utility extension. These improvements were presented by a previous developer several ,years ago and I was informed that these easements would not be voluntarily granted by either property owner . More recently one of the owners has indicated his willingness to grant an easement , however , the same must be confirmed by the second. S & S Builders , Inc . , the present developer , was quoted $30. 00 per foot for water installation purposes plus various hydrants , sleeves , etc . for a total cost of $28 ,000 . 00 to extend the water main from Blueberry Hill . This does not include the engineering, design and easement costs which we estimate to be $25 ,000 . 00 . The sum total of all these costs is approximately $26 ,000 .00 per lot for water main extensions from Blueberry Hill . This is consistent with the Chestnut or hillside Road extensions but totally inconsistent with the economic ability of the developers to continue with this subdivision when combined with road improvements , sidewalk improvements , acquisition, engineering and conservation expenses . It places the lot costs in excess of 25% above fair market value as finished lots . I request the Board focus on the fact that while we appreciate the desire to extend all public utilities , that this is not an ordinary subdivision in the sense that you have pre-existing conditions to contend with. The road improvements were voluntarily taken on by the developer and contributed for the benefit of the community and at this point the Planning Board is "piling on" if it insists on a water main extension and sidewalks . The preliminary decision of the Planning Board specified in Paragraph 7 to provide a water supply consistent with recommendations of the Fire Chief . At the last Board meeting, we voluntarily stipulated to place pressurized sprinkler systems in each home together with a well water supply consistent with the terms and conditions of the preliminary decision. We are apprehensive that if the Board insists on its present course , that there will be no improvements made whatsoever and that these problems will be left for alternative means for resolution. I sincerely hope the Developer ' s position is not construed as adversary but gather as a simple statement of fact as to what can and cannot be accomplished under the present conditions . If the Board continues in its present course , it will end up with either one lot with only a driveway improvment , or litigation. I sincerely hope the Board will effect the best of what can practically be achieved for the over-all benefit of the community . Very fir` y�.You r cost thereof at $2 , 500 . 00 . The legal work to draft , negotiate , present , execution and record the easements , together with approvals by the Land Court , would range in the area of $1 , 500 . 00 . I enclosed my letter to Mr . & Mrs . Chiranaknon requesting that they give consideration to this easement and I have not had any further input . Unless the abutting property owners are willing to bring the acquisition costs into the $2 , 000 . 00 range , then the numbers do not work. It is my experience that easements of this sort are granted in accord with this range of consideration , but we are willing to continue to work with Mr . Chiranaknon and Mr . Camuso in an effort to secure the same . If it is at all possible , I will present to the Board a plan whereby S & S Builders , Inc . will take on the installation of the water Main, however , the easements that are granted to the Town of North Andover would not be without reservation as previously represented. I will continue to appraise the Planning Board of the progress in this regard and, hopefully, will be in a postilion at the June 1 , 1993 meeting to know whether there is any possibility of effecting the Board' s wishes . In the interim we reserve all right to stand on the action of the Board as taken to date . Olph /y u RRJ :mjj cc : S & S Builders , Inc . Anthony Copani , Esq . Gerald Camuso Cheer S . Chiranaknon j �,IOpTry KAREN H.P. NELSON ?; �� 120 Main Street, 01845 Director TOWII O I BUILDING °y NORTH ANDOVER (508) 682 6483 CONSERVATION ss,°"u�0` DIVISION Or HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT i May 25, 1993 Ralph Joyce, Esq. 95 Main Street North Andover, MA 01845 Re: Booth Street Subdivision Planning Board Meeting May 18 , 1993 Dear Att. Joyce, The Planning Board met last week and closed the public hearing on the Booth Street Subdivision proposal. The Board conditionally approved the subdivision based on information provided as to the cost of putting in a water main. Based on this information the Board determined that it would be unduly burdensome to the applicant to require the installation of a water main. However, it has subsequently come to the Board' s attention that a water easement may in fact be feasible across the Camuso property from Blueberry Hill . Thus, the Board will reopen discussion of this subdivision at its June 1, 1993 meeting. You should be prepared to give an update to the Board of your renewed attempts to secure easement rights across this property. At the meeting, the Board also determined that the cul-de- sac should be reconfigured to fit within the existing right-of- way in order to accommodate potential future "down street" development. The detention pond must be relocated out of the right-of-way. The applicant will be encouraged to donate the cost of construction of the sidewalks to the town' s sidewalk fund 'in lieu of actual construction. The Board granted a waiver from the required fifty (50) foot right--of--way as the roadway was laid out as part of an old subdivision when forty (40) foot right-of-ways were acceptable. A waiver was also granted for the length of the roadway to allow the construction of a 550 foot roadway. As the roadway is part of an old subdivision, there is a potential for expansion of the road in the future. i If you have any further questions please do not hesitate to call me at 682-6483 ext. 24 . Sincerely, Ka t h 1 e e n E. `Shadley Town Planner E CC. Karen Nelson, Director PCD Richard Nardella, Chair PB S & S Builders Booth. 5 LAW _JFFIGES OF RALPH R. .JYGE ELLIS BUILDING 9S MAIN STREET NORTH ANDOVER, MA 01134S RALPH R. JOYCE (508) 685 4555 FAX 685 - 3148 i May 20, 1993 1 1 Christiansen & Sergi , Inc . PHILIP CHRISTIANSEN Summer Street Haverhill , MA 01830 0, PY RE : S & S BUILDERS , INC . it BOOTH STREET SUBDIVISION , Dear Phil : The Planning Board voted to approve the above:-cited subdivision with some amendments . We are presently scheduled to represent the finalized plan incorporating these conditions at the June 1 , 1993 meeting. Ms . Bradley indicated that the entire decision with these conditions must be noted upon the plan. The Board will endorse the same on June 1 , 1993 upon amending it to reflect the following: 1 . No water main is required but the developer has stipulated that he will provide well water to the homes together with pressurized sprinkler systems in accord with the Fire Chief ' s letter of August 27 , 1992 filed with the Planning Board during the course of the preliminary application. 2. The applicant will provide sidewalks or , alternative- ly, make a contribution to a sidewalk fund maintained by the Planning Board . 3 . The catchment basement at Wallace & . Booth Streets will be reconfigured to remove the same from the middle of Booth Street and replaced on the westerly most side of the street so as not to interfere with the right .to pass and repass. 4 . The cul de sac is to be reconfigured so it is located more within the four corners of the intersection with whatever turn out is necessary over the corner of Lot 295 . 5 . The Board voted to waive the 50 ' right of way in lieu of the presently existing 40' way and to waive the minimum length of the cul de sac to accommodate the present conditions . 6 . Booth Street will remain bonded until accepted at a I Town Meeting but only from the -interesection of Booth and Wesley Streets to the end of the cul de sac . Kindly undertake these amendments and I will forward a copy of the decision if you will confirm with Miss . Bradley her exact requirements for the endorsement of the plan. Very ours. al ce RRJ:m3j cc : Kathleen Bradley, Planning Board S & S Builders , Inc . LAW L ,-TICES OF RALPH R. J,_ YCE 1 ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA 0184S RALPH R. JOYCE (50B) 665 4SSS FAX 665 - 3148 May 18 , 1993 Town of North Andover KATHLEEN BRADLEY, PLANNING BOARD 120 Main Street North Andover , MA 01845 RE : S & S BUILDERS , INC . BOOTH & WALLACE ST . SUBDIVISION Dear Ms . Bradley: We were requested to provide more specific detail for water main installations on the above-cited subdivision. The alternatives are an extension of existing mains located at the end of 1 . ) Blueberry Hill , 2 . ) Chestnut Street up an undeveloped portion of Wesley Street , or 3 . ) Hillside Road along a developed portion of Wesley Street . The specific detail of the Chestnut and/or Hillside Road extensions will be provided by the project engineer , Philip Christiansen, by a separate letter . The proximity of the Blueberry Hill water extension presents itself as the most sensible approach but the property rights do not exist . The house , which appears to be the last at the end of Blueberry Hill , is owned by Mr . & Mrs . Camuso , and the lot in fact fronts on Wesley Street not Blueberry Hill . The property is accessed by a so-called "utility and access easement" over Lot 39 , which is the last lot of the Blueberry Hill subdivision, but does not extend through the Camuso lot to Wesley Street . The easement is described on the plan as a "utility and access easement" and was established by Document #31063 recorded in the North Essex Registry of Deeds with Certificate of Title #10151 . The specific language referred to an "exclusive , perpetual utility and access easement . . . for all purposes for which driveways are commonly used in the Town of North Andover including the right to landscape , repair and maintain said easement . " I question whether this easement is broad enough so as to embrace utility extensions as it is not "common" to use driveways for such purposes . I conclude , therefore, that not only does the easement have to be obtained and extended from Mr . Camuso, but would also need confirmation of rioA , i i ... a •.yb �. KAREN H.P. NELSON o ' TOWri Of 120 Main Street, 01845 A Director NORTH ANDOVER (508) 682-6483 BUILDING CONSERVATION s4CHV9Fi DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT April 27 , 1993 Ralph Joyce, Esq. 95 Main Street North Andover, MA 01845 Re: Booth Street - Definitive Subdivision Planning Board Site visit April 24, 1993 Dear Att. Joyce, On Saturday the Planning Board visited the site of the proposed Booth Street Subdivision. Joe Mahoney, John Draper, and Richard Rowen and myself were present. The Board members discussed the issues of the placement of the cul de sac, sidewalks, and the watermain. The Board would like to have sidewalks constructed as part of the roadway construction. The Board agreed that the design of the cul de sac as proposed makes the most sense from a safety standpoint and also from the perspective that any development in that areas would occur towards Saville Street, not further down Booth Street. The Board noted that Blueberry Hill is very close to the end of Booth Street. The Board would like to know the feasibility of running the waterline from Blueberry Hill to Booth Street. One landowner's yard would need to be crossed. This appears to be the ultimate solution to the waterline dilemma if an easement can be granted without too much controversy. The Board would like to have the applicant make an effort to look into this possibility. If you any further questions please do not hesitate to call me at 662-6483 ext. 24 . Sincerely, athle n &ey Town Planner CC. Karen Nelson, . Director PCD Richard Nardella, Chair PB S & S Construction 4 Ot µOi eTH 4,y KARRN H.P. NELSON �',,. °� TOWII Of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682 6483 BUILDING '�''�:�"''�+� CONSERVATION °mc�uetl DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT April 22 , 1993 Ralph R. Joyce, Esq. Ellis Building 95 Main Street North Andover, MA 01845 Re: Booth Street Definitive Subdivision Planning Board Meeting April 20, 1993 Dear Att. Joyce, The Planning Board met this week and continued its discussions of the proposed Booth Street Subdivision. The Board heard comments from Ken Long, Fire Department and Bill Rmurciak, Department of Public Works regarding the issues of water main construction. Both the Fire Department and DPW would like to see a water main extended to this area. The Planning Board has scheduled a site visit this Saturday April 24 , at 8:00 am. After viewing the site the Board will discuss the ,issue of the water main, the placement of the cul de sac and the placement of the detention basin. The Planning Board will be discussing a draft decision at its next regularly scheduled meeting on May 18 . If you have any questions please do not hesitate to call me at 682--6483 ext. 24 . Sincerely, Kathleen E. Bradley Town Planner CC. Karen Nelson, Director PCD Richard Nardella, Chair PB S & S Builders LAW i FILES OF RALPH R. J, CE ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA 111845 RALPH R. JOYCE (5eB) 685 - 4555 I FAX 6B5 - 314B �E i E I April 20 , 1993 Town of Forth Andover KATHLERN BRADLEY, PLANNING BOARD 120 Main. Street North Andover , MA 01845 RE : S & S BUILDERS , INC . BOOTH & WALLACE ST. SUBDIVISION Dear Ms . Bradley: I would like to address the recent letters of Messrs . Ahearn and Carroll submitted to the Board with their concerns on the above--cited matter . I emphasize that the input from both gentlemen is not obstructing or uncooperative but to the contrary, I believe it is a developers ' obligations to address all concerns of abuttors as well as the Planning Board. I discussed with Messrs . Ahearn and Carroll their offers to sell their property and have been involved as far back as Mr . Carroll ' s efforts to effect a comprehensive developement scheme for the entire area. It is my opinion that their properties are of questionable development potential . Accordingly, while we will address each and every one of their concerns , we will not under any circumstances comingle our development proposal in any form in a joint application. I address their concerns as follows : 1 . The drainage catchment/siltation area as presently configured and located gust past the intersection of Booth and Wallace Streets does in fact interfere with the right to pass and repass on Booth Street . We have every right to use the road for catchment purposes subject to the public ' s right to pass and repass and, therefore , will reconfigure th- catchment area into an approximately 10 ' by 30 ' rectang�ile located across the way from the property of Saville Trust and Steven Juba. This configuration would allow the present contours to continue and not diminsh the viability of the way as it exists . 2 . S & S Builders , Inc . has made representation at several past public hearings that it is not their intention to try to retain any exclusive right to the sewer and roadway f y 8 that they put in. I enclosed an easement to the Town of North Andover , to them and their successors and assigns, meaning and intending to include the general public to access the roadway and utilities as proposed. 3 . Both letters express reservations with respect to the grade changes proposed. Please note that under the cul de sac arrangement as filed, one side of the road calls for a two foot fill while the other calls for a two foot cut with the finish grade of the center line of the road relatively unchanged. Both gentlemen must realize that these grades are dictated by the slope coming into this area and the proposal cannot be viewed with respect to the existing grades on their own property. The grades must be considered with respect to the totality of the road system that services the area . Additionally, while I do not speak for any of the Town officials , the input I have is that any further development in this area will be by driveway access from the cut de sac to any future sites as are deemed buildable. This addresses the concerns outlined in the letters and the applicant has no objections to the Board making these mandatory conditions of approval of the subdivision permit . I appreciate the input of both gentlemen as I believe they have effected a better development from the community' s perspective and I will address any further concerns they may have . Ver tr qp s f o RRJ :mjj cc : S & S Builders , Inc . Department of Public Works Fire Department Conservation Commission Kenneth Ahearn John Carroll j 1 Arnne#4 J. A4ern & Ta., nr. LAND DEVELOPMENT & RESIDENTIAL CONSTRUCTION 16 { 1501 MAIN STREET UNIT 49 TEWKSBURY, MA 01876 (508) 851.3048 April 8 , 1993 t : Kathleen Bradley d Planning Board Director ' APRNorth Andover, MA 01845 RE: Booth St. improvements S & S Builders Proponents Dear Kathleen: I purchased my Booth Street land on March 12 , 1993 not knowing others were about to develop Booth Street . As a builder in the area, it is with reluctance that I write this letter . To my knowledge, my concerns have not been addressed concerning the method Booth St . is to be improved by S & S Builders through my private negotiations with S & S Builders ' attorney Ralph Joyce . I own lots 10 , 11 , 13, 22 , and 23 on Assessors Map 98D and John Carroll owns lot 51 ( see accompanying plan) . To avoid the appearance of being an obstructionist and to comply with an expressed wish by some town officials - that this area be developed by one entity - I offered my lots to the proponents well under their assessed value . It is my understanding that John Carroll has done the same thing. With the proponents .election not to purchase the land further down Booth Street , I have no other choice but to make my concerns public. Because I expect to be before the Planning Board on this same issue as a proponent in a few months , it would be foolish on my part to try to make this proponents quest any more difficult than it already is . The standards I 'm trying to hold this proponent to are no more strict than the standards I 've been required to uphold in similar situations in nearby communities namely that the developed condition be no worse for those further down the road than the pre- development condition . My Concerns 1 . Detention area or drainage catchment area in the middle of Booth Street beyond the paved road surface: This presents the problem of making Booth Street untraverseable beyond the paved sur- face - the present condition allows a vehicle to traverse. This interfers with the common law right of access . Secondly the runoff from the impermeable surface of the roadway is only tem2orarily dealt with. The burden of dealing with proposed 20 , 000 sq. ft . of impermeable will fall onto the shoulders of me when I extend Booth St . In other communities when I ' ve extended a roadway that existed on paper prior to subdivision, planning boards have not required that the drainage be controlled in a zero net runoff scenario. These said planning boards through the D. P.W. department have required that the drainage be effectively dealt with so that it does not overburden . abutting land owners . J O Ili C ARROL L REAL ESTAn �R'VICEIS i { E I , Kathleen Bradley Planning Board Director North Andover, MA 01845 April. 8 , 1993 Re: Booth Street Proposal. S & S Builders, Proponent Dear Kathleen: I am a builder and I own lots on Saville Street and on Booth Street as outlined on the attached map. .Although I am in favor of anyone constructing a portion of Booth Street, I have grave concerns as to how S & S Builders propose to end the extension. A. By passing- over private land by temporary easement, I can envision a legal mess when I attempt to extend Wallace Street to access my lots in the, foreseeable future. B. If they do not construct the entire 90 degree turn at Booth and Wallace: I may then be subject to removing a port-ion of their improvements and then have to go hack 50 to 1.00 fQe* to pick up the lend ' of the roadway . This s(::ems ;--o be aa", ur)fair burden. C. The catch basin they have proposed for the middle of the road will change the existing grade to a great extent, restrict my access to one lot and adversely impact my rights of ownership. I have offered all my lots (individually or together ) to S & S Builders at far less than assessed value. In no way have I been uncooperative in the effort to develop this area. In fact, I submitted a plan to construct the entire length of Booth Street a relatively short time ago. ( The filing was denied due to a minor portion of wetlands to be crossed at the bottom of the hill, with no feasible alternative) . In short, I believe that developing the area' piecemeal. ' is the only way to go due to the extensive number of owners. However, each proposal can not infringe on the bonafide rights of the rest. Very truly yours, John H. Carroll. 1501 MAIN STREET, SUITE 15, TEWKSBURY, MASSACHUSETT,S 01876 (508) 851-4851 )"NOW �;' �.. � � � ��,�• � :::• �J} a -FVI tit ti s t `�� b'::},as ".d ky ii t b1z q 1 yf fY�1' l v i ti 41 i',i� 1y' _ (�' •� fa' -�/ _ ,}!� ,, � / ; 1 -r[. L7� 1 !U1 tltltl99],]17l "'ti.4. '' � Ito I:1• �'' •^'. "�+ {" 3) tJ- at ki i 4" ry/C� ', v `[A •.. •'� is b Sni r>• � �- -!'`a �f ) `+F «� ,.J ;=v j j ]� �b t�.7 iu � r Li Rh' r� r""'n.i [- ..—i ��<. � ;,'.\7''• ;Z;S` - � �E�g•h �.ea�€[� ? s;3[ "s -4 ��{r, � �f ��' Q � t r'. 7k,� 1 7 72 }� � 'S � �� ir!.;br �'''' tj��,"..[.� ''- ,' �+f r 1.���y I •nr r�\ T,.�,ry r }� .�+„ , �aj, s.=�� •� .,ti` 2l > "ZY a 4;. �✓W C�i 1ra''�.{�:». 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',�:-•�if,+,k?�:rt.'Sy�1:rv`t.'k[•'::i�.S, .+s i� ' I s'�L J r• _'jt t�, . •-<. �<oV �' tiz. 'i�'� F •n��je�l:Fri.$'..:: I' S �.� �' � � r I O'jr � - I 1\r 1 —_.._� .c '�y .1....•rti '' i 11! y (1 oP µonrH j 1 i I{AREN H.P. NELSON °m 120 Main Street, 01845 Director Town of BUILDINGSa�oteus��4e NORTH ANDOVER (Sos) 682-6483 CONSERVATION DIVISION Or PLANNING PLANNING & COMMUNITY DEVELOPMENT April 8, 1993 Ralph Joyce, Esquire 95 Main Street North Andover, MA 01845 Re: Booth Street _ Planning Board Meeting April 6, 1993 Dear Att. Joyce, The Planning Board met on April 6, 1993 to continue its discussion of the Booth Street Definitive subdivision application. The Board would like to go forward with the cul de sac layout as proposed but needs to have input from Bill Hmurciak, Assistant Director of the Department of Public Works, prior to making a final decision. The Board voted to continue the public hearing until its next meeting on April 20, 1993 . The Board expects to hear from Bill Hmurciak at that meeting and would then close the public hearing. If you have any further questions please do not hesitate to call me at 682-6483 ext. 24. S 'ncerely, PAt e -�l 1-. Oily Town Planner CC. Karen Nelson, Director PCD Richard Nardella, Chair PB File Booth. 3 9 (/f/f]��jfyl tir� I I1CAREN HT, NELSON ' Town of 120 Main Street, 01845 Director (508) 6$2-6483 j BUILDING NORTH ANDOVER '��'>�;::;�..� CONSERVATION ea,°"uBE, DIVISION of HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT March 31, 1993 Ralph R. Joyce, Esq. 95 Main Street North Andover, MA 01845 Re: Booth Street Definitive Subdivision Planning Board Meeting March 30, 1993 Dear Att. Joyce, The Planning Board met last night and continued its discussions of the Booth Street Definitive Subdivision proposal. The Board voted to continue its discussions to the April 6, 1993 meeting in order to gather more information about the project. The Board would like to have a better understanding of the access issues regarding the entrance to the subdivision from Rt 114 and Hillside Road. The Board still has questions concerning the legality of a land owner constructing the roadway on property that landowner does not own. The Board would like a definitive answer to this question. The applicant is directed to meet with the Fire Department and the Department of Public Works to discuss roadway grade and layout issues. I will attempt to arrange a meeting prior to April 6, 1993 . If you have any questions please do not hesitate to call me at 682-6483 ext. 24 . Sincerely, (I Ida"teen �a ley( Town Planner cc. Karen Nelson, Director PCD Phil Christiansen, Christiansen & Sergi Planning Board File Booth. 2 } J CHRISTIANSEN !, INC. PROFESSIONAL ENGINEERS AND LAND SURVEYORS 16€7 SUMMER STREET HAVFRIAILL, MASSACHUSEi"TS 01830 (508) 373-0310 FAX: (508) 372-3960 March 29, 1993 Ms. Kathleen Bradley Town Planner Planning and Community Development 120 Main Street North Andover, MA 01845 RE: Booth Street Planning Board Meeting Dear Ms . Bra.dlev As you requested in your letter of March 23, 1993, 1 attach herewith a copy of a soils map for the Booth Street subdivision. The site soils are PbC, Paxton, very stony fine sandy loam 8 to 15 percent slopes. I will submit a construction schedule and Erosion Control Plan on Environmental Impact Report as soon as the Planning Board is satisfied with the roadway design. ve trulyy rs, ' �1ip G. Christiansen PGC;1c ESSEX COUNTY, MASSAGM 36 Q♦0-LSy tarns sh f0 -1 Ff! 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T( { ft. . r� �. 1'�:rJ e- 'frl•141Vy 1. .Z 700000 KCE7 (Mns sheet 4.0) KAREN H.P.NELSON TOWN Of 120 Main Street, 01845 Director R' NORTH ANDOVER (508) 68 sass: BUILDING cu DIVISION OF CONSERVATION PLANNING PLANNING & COMMUNITY DEVELOPMENT March 23 , 1993 Mr. Phil Christiansen Christiansen & Sergi 160 Summer Street Haverhill, MA 01830 Re : Booth Street Planning Board Meeting - March 16, 1993 Dear Mr, Christiansen, The Planning Board met last Tuesday night and opened the public hearing on the Booth Street Subdivision proposal . The Board voted to continue the public hearing to its March 30, 1993 meeting. A Technical Review Committee meeting has been scheduled for March 24 , 1993 at 10 : 00 am at the DPW Offices . The Planning Board had some questions regarding the ownership of the streets and as to whether the Board could approve a modification of the street layout as it was approved as part of a subdivision plan dating from 1913 . Any help your counsel can give the Board in making a determination will help speed the process along. The following information must be provided to the Board as required by Section 3 C of the Rules and Regulations Governing the Subdivision of Land: * Construction Schedule * Soil Map * Erosion Control Plan * ,Statement of Environmental Impact as may be required j r j After the Technical Review Committee meeting, and discussions with your counsel, 1 hope that the Board will have some of its questions answered. If you have any further questions please do not hesitate to call me at 682-6483 ext . 24 . incerelyU Z Kath een Bradl Town Planner CC . Karen Nelson, Director PCD Planning Board File