HomeMy WebLinkAbout1993-06-08 Correspondence II DEF SUB Krunrt4 J. A4rru & To., fur.
LAND DEVELOPMENT & RESIDENTIAL CONSTRUCTION �`
1501 MAIN STREET UNIT 49 TEWKSBURY, MA 01876 (508) 851-3M
April 8, 1993
Kathleen Bradley
Planning Board Director f
North Andover, MA 01845
RE: Booth St. improvements
S & S Builders Proponents
Dear Kathleen:
I purchased my Booth Street lard 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 1.0, 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 temporarily 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 .
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LAND DEVELOPMENT & RESIDENTIAL CONSTRUCTION
1501 MAIN STREET UNIT 49 TEWKSBURY, MA 01876 (508) 851-3048
2. Grade changes in the improved roadway adversely impact the
interests of those who wish to continue the roadway at a future date:
The southern portion of the roadway flattens out in the cul de sac
area contrasting with the pre-existing terrain condition. This makes
the unimproved portion of Booth Street almost untraverseable and
places the burden of significant amounts of fill for those further
down Booth Street when further extension is proposed. Further, it can
make the roadway higher than the lots it serves which is much less
desireable from a marketing standpoint than a level condition or an
uphill condition.
3. The sewer line extended by the proponent does not allow
access to the public: Whenever our company has extended a utility
line that belongs to the municipality that could benefit other land
owners the municipality has required some accommodation to the public;
either easement or extension. An easement from the last manhole to
Booth Street would serve this purpose.
Thank you for hearing this matter and T pray that it will not
prejudice me when my turn comes to bat. Please don' t hesitate to call
me with any questions .
,Sincerely yours,
Kenneth J. Ahern
cc: Bill Hmirciak 'D.P.W.
Ralph Joyce, esq.
John Carroll
North Andover Fire Dept.
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