HomeMy WebLinkAbout1989-11-16 Correspondence DEF SUB f
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= moanith o Massachusetts
Executive Office of Environmental Affairs
Department of Environmental Management
August 6, 198
PO Box
Carlisle
Massachusetts .ken anougian
{ Law Offices o Ralph R. Joyce
l is Building
95 Main Street
North Andover, MA 01845
Division o
o s#s - s : Harold Parker State Forest
ec o Miano Realty 'trust
Dear Mr.. anoug ian
We have reviewed your letter dated July 22, 1987, regarding your
proposal for our Department to purge title of a reservation in your
client ' s deed. we feel the benefits we would derive from your
proposal of relocating a fare lane and providing a 50' right-of-way
would not be worthwhile enough for us to purge title to mentioned
reservation.
On the attached map, we have shown three areas as A, B, and
where we would like access. The type of access that would be useful
to us would originate from a town maintained goad, be at Least
20 feet in width, developed to a condition to allow use by a two
wheel drive pickup to a tr ia .e log truck. The right-of-ways
would have to be included in the deeds of all affected sub-divided
parcels, be in perpetuity, and contain no verbage that would pre-
vent or restrict our access.
The Department's Management Forester and his assistant for this
region checked out the boundary line in this area and located
nine areas where they feel we may have rights under our deeds and
the deeds of the abutter.
If proposals are received that would grant us rights as mentioned,
T will investigate procedures necessary to purge title to our
reservation that exists in your client's geed.
Thank you for your willingness to cooperate in this matter.
Sincerely,
on S. Stoddard
Regional. Supervisor
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R, F. GEISSER & ASSOC., AC, LIEUUL,a'- OF
P.O. Box 156
323 Turnpike Street
CANTON, MASSACHUSETTS 02021 � �� JOB NO,
ATTENInON
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WE ARE SENDING YOU E Attached 0 Under separate cover via � the following items:
E Shop drawings 0 Prints El Plans El Sample's 0 Specifications
E Copy of letter 0 Change order 0 '{
COPIES DATE No. DESCRIPTION
THESE ARE TRANSMITTED as checked below:
For approval 0 Approved a submitted
El Resubmit eopEe for approval
0 For your use El Approved as noted E Submit-copies for distribution
Il As requested 0 Returned for corrections E Return corrected prints
l For review and comment ❑
E FOR BIDS DUE 1 E l PRINTS RETURNED i AFTER LOAN T US
REMARKS
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fRODUC1240-2 �Ix-,crAA Mass.01411. Of enclosures are not as noted, kindly notify us at once.
ToWn Of 120 Main Street
OFF'ICES 01""
North Anclover,
NORTH ANDOVER
Melss�ICIILISCHS 0 18415
BUILDING
DIVISION OF" (6 17)685-4,775
CONS EFWAT[ON
.............
HE,ALJTH
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P LA N N I N G"
LANNING & COMMUNITY DEVELOP ... WT
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KAYIEN I I.P. NI':�LS()N, F)IRECIFT01-1
TO: Planning Board DATE: September A-42---4-9 87
FROM: Conservation Commission
RE: Boston Brooks Estates
The NACC has reviewed the recently submitted definitive plans, Notice of Intent,
and technical supplement for this subdivision, and held a public hearing on August
26th which was continued indefinitely.
The NACC has found the information submitted to be inadequate, and were we to
make a decision based on this information, would most likely issue a denial
without prejudice because of lack of information. The shortcomings of the
submittal are listed below.
WET ND DELINEATIQN
The wet.lands on the site have not been delineated as required by the wetland
regulations (310 CMR). First, the four wetland resource areas (bank, land
under water, land subject to flooding, and bordering vegetated wet(and) have not
been identified =tely.. Second, the flood plain (bordering land subject to
flooding) has not been estimated, but has been taken from approximate
delineations from the Flood Insurance Study. Given the critical nature of flooding
In this area, flood elevations should be estimated as indicated under 310 CMR
10.5 7 (2) (a), compared to the estimated high water marks for the April
1987 storm.
Third, although the NACC generally agrees with the field delineation of the
bordering vegetated wetland in the field, the delineation on the plan is confusing,
e.g., one line delineates both the bordering vegetated wetland and the flood plain;
the estimated high water mark for Boston Brook for the April 1987 storm is
shown on only side of the brook.
Fourth, Based on the site visit of Conservation Administrator Nancy Sullivan
today, we do not agree with the delineation of the isolated land subject to flooding
resource areas in the field or on the plans.
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Off-site wetlands around the perimeter of the project site need to be delineated to
insure that the on-site work will not affect these wetlands.
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The proposed location for the tree stump burial may be too close to the wetland
area. The extent of the grading work around this area reeds to be specified.
The extension of Pheasant Brock Drive right up to or into the wetland areas is also }
of some concern to the 11ACC.
EQaTQN..BBQQK_C.BDMING ;
The NACC will consider the crossing of Boston Brook as a limited project as
allowed under 310 CMR 10.53 3) (e). However, the design of the proposed
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crossing must be one which has minimum wetland impacts, and both the land
subject to flooding and bordering vegetated wetland resource areas altered must be
replaced on the site. The crossing should be of minimum width, have steep sides
(or be like a bridge), and the wetland replacement for the bordering vegetated
wetland should be twice the size of the area altered, A detailed wetland
replacement plan, which meets the requirements of 310 CM .55 b
needs to be submitted. The replacement area needs to be close to the altered area,
and not on the 'other side's of a divide.
The cross-section of the Boston Borok crossing should be designed to not only pass
flood flows, but to duplicate the existing natural cress section at low flews so as t
maintain the natural wetlands in the vicinity of the crossing. For this purpose,
the discharge elevation cares for pre- and post-development cross-sections
should be compared. The goal should be to maintain the existing condition at low
flows so that upstream wetlands not be "drained out" through a wider section.
Since there are extensive uplands on the site, and plenty of space for a residential
subdivision, the crossing of Boston Brook is the only bordering vegetated wetland
alteration that qualifies for alteration under the wetland regulations.
H0Us9E.J2EYEL_0PME
The applicant has not shown the proposed location of residences, driveways, and
septic systems on the lots. The I ACC requires this information to evaluate
whether any additional wetland impacts will result from the development of the
lots. Furthermore, in order to protect the wetland resource areas during and
after construction, the NACC has recently required a 25-foot no-cut and Rfot
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no-construction zone from the edge of the bordering vegetated tl n resource
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areas. Such a requirement may affect the development potential for some of the
lots. r
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Some of the proposed lots in this subdivision may not be buildable under the '
contiguous buildable area requirements, e.g., Lot No. 23 only has 1% C A. These
need to be carefully verified, especialy after the wetland delineations discussed
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above are clarified. The accuracy of some of the numbers shown needs to be
checked e.g., various lots are at or close to .
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�EMI SYSTEM$
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The proposed location of the septic systems are net shown on the plans. The N CC a
will require this information to evaluate potential wetland impacts, and
proximity ity of the leaching fields to the wetlands. In fact, the location of some of the
test pits shown on the plans indicates potential locations of septic systems which
are too close to wetland areas to meet Board of Health regulations or I ACC
approval. }
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DETENTIQN PQND DESIGLL/CALCULATI
The NACC will require that all post-development site runoff be at a rate equal to
or lower than the existing site runoff. Towards this goal, a detention or retention
and may be required on the site. From the information submitted, we cannot
determine which type of pond is proposed or how it operates. The pond bottom is
' below the invert of its outlet, and the diameter of the outlet pipe 24" is
larger than the diameter of the inlet pipe 1 " . It appears this pond will
frequently hold up to ' of water, and will not detain any flood flows during major
storms.
In addition there is an uncontrolled release of storm runoff to the state forest that
may cause flooding, or at least additional runoff, to this abutting property. There
Is also an uncontrolled release downstream of the proposed crossing. Both of these
will have to be shown not to affect downstream flood elevations.
The submitted calculations only use a " rainfall for the 1 o -gear storm, where
a '" storm should be used. The calculations show that about 60,000 cubic feet of
storage is required to control the oo-year storm, but it does not appear the pond
has this much 'facture" storage.
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AQQ�7�To TAJE EQREST
The NAee is interested in providing access to the state forest which surrounds this
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proposed subdivision.n. However, we are concerned that some of the proposed
access locations may Involve wetland or extensive buffer zone alterations, }
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QL PLAN
The erosion control plan submitted Is inadequate. No extra measures other than
the standard hay bale barrier were proposed for the areas of steep slopes {equal t
r higher than :1); no construction sequence or schedule was submitted; and
most importantly, detailed erosion control measures for the construction of the
brook crossing were not shown.
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In sum, the NACC finds the information submitted to be inadequate to judge the r
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proposed project's impact on the wetlands. In addition, the project may need to be
redesigned in several areas, ardor the number of lots reduced, to meet the }
performance standards of the wetlands regulations.
co: piano Realty Trust
R. P. Geiser&Assoc. Inc.
Ralph Joyce
Board of Health
Division of Public 'works
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OFFICES OF: ToWn Of 120 Main Strecl
North Andover,
APPEALS
NORTH ANDOVER
MaSSFICIILISH(S 0 1845
BUILDING 4PIC I
SERVATI us MVISION OF (6 17)685-4775
CONON
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN HS-3. NELSON, DIRECTOR
October It 1987
Ralph R. Joyce
95 Main Street
North Andover, MA 01845
RE: Planning Board Review- Boston Brook Estates
Dear Mr ,, Joybe :
As directed by the Planning Board , I am submitting a list of
issues regarding the above cited subdivision which you need
to address prior to approval. Please be prepared to respond
to these issues during your next appearance before the Plan-
ning Board , Your proposal is scheduled to be heard again
during a Public hearing on October 19th,
I strongly suggest that you look closely at des]".gning a
cluster development proposal for this site . If you do not
decide to submit such a plan, be prepared to explain to the
Board your reasons not to proceed under the 'down' s cluster
development By-Law.
I also strongly suggest that you obtain an Order of
Conditions from the Conservation Commission as soon as pos-
sible. In my opinion their rulings on your property will
have extensive impact on your proposed subdivision, If you
have any questions regarding this matter please call me.
Sincerely,
Scott A. Stocking, AICP
Town Planner
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ISSUES WHICH NEED To BE RESOLVED REGARDING THE BOSTON
ROOK SUBDIVISION r
ROADWAY
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1) Explain why the excessive cud-de-sac lengths ' &
14 01 are needed.
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2 The slope at the intersection of Partridge Drive and r
Pheasant Brook might be a problem.
DRAINAGE
l Need clarification of the drainage flows on the site .
2 Rework drainage computations and the design of the ponds ,
3) Location and effect the dam has 10001 off the site .
4) Is the flood plain 102' Needs to he shown on the plans,
EASEMENTS
1 Need to know the location of the railroad easement.
2 Need easements for access to the State Forest,
3) Need the access agreement between applicant & Mr . Farr .
LOT DESIGN
1) Need the. CBA' s listed on all lots ,
2 Show lots 22 & 23 as a single lot for wetland replication
3) List owners of the abutting lands around this subdivision
4 Need existing and proposed topo lines,
WETLANDS
1 order of Conditions from the conservation Comm. needed.
2 Need the location of the wetlands, including Replication.
BOARD . . of HEALTH
1 Need percolation tests for the lots, Groundwater test
done.
FIRE DEPARTMENT
1 Show the location of all hydrants.
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ELLIS BUILDING
95 MAIN STREET
NORTH A ROVER, MA 01845
ALPH R. JO E
VIKEN MAI OUGIAN
4 �: October 1
Town of North Andover
PLANNING BOARD
120 Main Street
North Andover, MA 01845
RE: BOSTON BROOK ESTATES - MIANO REALTY `R SA'
Dear Sirs,.
Pursuant to our last meeting r the applicants on the o e-
c ited subdivision are pursuing alteratives in cluster zoning.
e will be meeting with the Development Committee on October
28, 1987 andtherefore request to be on rour ,µagenda for
Nome r , 1 8 .
Would you kindly defer any further action until such
time.
e ry truly
Ralph Re
o yp� ,'.
RR : ��
OFFICES OF: Town of 120 Main sit
NOW) Arldover,
APPEALS
NORTH ANDOVER
M i-_issac I i t.i scj,(t s 18 4!-)
BUILDING
OF (6 17)G85-4775
CONSERVATION
HEALTH
PLANNING PLANNING & COMMUNI"I"'Y DEVELOPMENT
KAHEN NELSON, I)IRY."'C'FOR
November 12 , 1987
Mr . Ralph Joyce
95 Main Street
No Andover , MA 01843
RE: Status of Boston Brook Def initive Plan
Dear Ralph.
The Planning Board is requesting an update regarding the
above subdivision plan. The Board is hopeful that your
clients will see fit to actively pursue the cluster develop-
ment proposal for this propertyr as reviewed on November 9 .
Please notify this office on the procedure and timetable you
wish to follow regarding the definitive plan, and cluster
development proposal.
The Planning Board awaits your reply to this inquiry. Thank
you for your time and effort in this matter ,
Sincerely,
Scott A. Stocking , AICP
Town Planner
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OFFICES OF: T'0W 11 of 120 MC-All SIRAXI
North Andover,
APPEALS NOS TH ANDOVER
Masscrichusells 18,45
BUILDING
CHU DIVISION()F (6 17)685-47713
CONSERVATION
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAF�EN FLP. NELSON, DIRH�CTOH
A
November 12 , 1987
M . Jack Donovan
R.F . Geisser & Associates
Box 1245
Dedham, MA 02026
RE: Boston Brook Cluster Development
0
Dear Mro Donovan ,
Thank you for your presentation to the Planning Board of the
proposed cluster development plan For the above cited
property. The Board is pleased that a cluster development
proposal is being considered for this site , Of the three
alternative schemes you presented, I believe scheme #3 is
superior , and should be pursued her by your development
team. In regards to scheme #3 , 1 have the following comments
1) The entry road should be designed for a 22 foot pavement
section in order to minimize the crossing of Boston Bro-
ok. The details of the crossing will be handled by the
Conservation Commission,
2) The design of the cul-de-sac with an island must receive
approval by the Department of Public Works.
3) Please place a sidewalk along one side of the access road
This sidewalk could be tied into a pedestrian path system
which could run through the private portion of your pro-
ject and into the State ForestO
4) The internal loop road system is a good design and should
be included in the final design,,
5) Provide two access points to the State Forest.,
6) Design the drainage system to provide the maximum amount
of runoff on the site is directed away from Boston Brook,
Provide on-site retention ponds to hold the stormwater
prior to outfall into adjacent resource areas,
Sincerely,
Scott A . stock it 9 , AICP
Town Planner
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ELLIS BUILDING
95 MAIN STREET
NORTH ANDOVERP MA 011345
RALPH R. JOYCE (617) 685-4555
VIKEN MANOUGIAN
I L
o v ember 2 .9 8 7
Town of North Andover
SCOTT STOCKING - TOWN PLANNBR
120 Main Street
North Andover, MA 01845
RB: MIANO REALTY TRUST - BOSTON BROOK ESTATES
Dear Scotto0
Pursuant to your recent inquiry, please be advised that
the developers are currently proceeding with engineering and we
anticipate filing applications for special permit cluster
zoning in mid-December. We are pursuing the so-called scheme of
three which was the favored alternative presented to your Board
in November .
Regarding the definitive plan, you have on file a letter
requesting an extension and your Board is requested to hold the
same open without prejudice to any position to the Town.
Ve ruly oqrsr
Ra 0 C
RRJ:m]3
cc: Philip Ragusa
George Myers
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Town ^^f >zx/wa\n etn«x
OFFICES OF:
N"p�� NORTH ANDOVER �mh �m ��:kiassmc1-1uac/uyo'o4s
BUILDING
CONSERVATION � C too DIVISION OF 0)r)(3e547rs
HEALTH
PLANNINGPLANNING & COMMUNITY DEVELOPMENT �
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KAKBN H.l� NB1,8O`N` DiKEG IT)R |
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' February 2 , 1988
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Mr . Jack Donovan
R.F . Geisser & Associates
Box 1245 !
Dedham, MA 02026
Re : Boston Brook Cluster Development �
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Dear Mr . Donovan:
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Please notify my office regarding the current status of the .
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above cited project. My last correspondence to you on this matter was i
November 12, 1987 , which requested your proposed timetable for �
withdrawing your Definitive Subsivision Plan and submitting a Special
Permit Application for a Planned Residentla} Development .
Your timely response to this inquirey will be sincerely
appreciated .
'
Sincerely ,
Scott A . Stocking(, AICr
Town Planner '
SAB: j \e
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Town
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FFICEs OF:
A North Andover,
NORTH ANDOVER
CONS E-11VATION
1AEA1A'H
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April 281, 1988
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Nor. Michael . Herlihy r.
The BSC Group # Middleton Inc.
1 Central Street
Middleton, MA 01949
Dear Mr. Herlihy:
Thank you for your letter dated April 25, 1988 relative to your initial review of the
':::. . ton .'Brook Estates project. We appreciated your completing this review In time for
our continuation of the public hearing for this project on April 27th.
As a result of our questions and requests for information at the initial hearing, the '
applicant has submitted additional material on this project. In addition, in response to
your review they will be submitting some specific responses to your questions. A copy
of all of this material will be mailed by the applicant's engineer directly to you.
The NACC would like to have BSC review all of the material on the project to address two
specific questions:
1 . Was the proper methodology olog applied and were sound assumptions made in the
design of the stormwater management system so as to produce sufficient
evidence that there will be no increase in the flooding potential on Boston
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Brook due to this project
2. Does the analysis support the contention that the proposed crossing of Boston
Brook will not have any significant hydraulic effects on the flooding potential
of the brook both upstream acid downstream of the crossing ,
We would like to get your letter report on these issues by Wednesday day May 1 tht Should
you need additional time, or If you have any other questions, please contact me (Home
5- 01 6, Fork - 2- 1 .
Thank you for your assistance on this matter.
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Yours truly,
NORTH ANDO EB CONSERVAT1011 COMMISSION
Guillermo J. Vleen
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Town of
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Noill I AI 00 \'(%1-,
A I A I S
4 f NORTH ANDOV U-4 R Mi Istsi 10 1 t Isul Is
CONSEIRVATION DIVISION OF (G 17)685,4,7 7 5
HEALTH
PLANNIN(3' PLANNING & COMMUNIFFY DEVELOPME N't"
KAIU`N U-11), NELSON, 1ARFC
June 15, 1988 1
Mr. Michael J. Herlihy, P,E. ,
The BSC Group
I Central Street
Middleton, MA 01949
Re: Boston Brook Estates
Hawkins Lane
Dear Mr. Herlihy:
This letter is to confirm our discussion during out telephone conversation
of June 13th relative to the Boston Brook Estates and Hawkins Lane projects
in North Andover,
The North Andover Conservation Commission would like to request that you review
the Hawkins Lane material and submit a letter report on this review. We hereby
authorize the expenditure of up to $500 (five-hundred) for this purpose. On the
Boston Brook Estates we would like you to meet with the applicant's engineers
to review the new material that they will be submitting to us, and send us
a letter summarizing your review of this material. For this purpose and for
the earlier work on this project, we hereby authorize the expenditure of up
to $2,000, (two-thousand) *
'Please let our office know when the Boston Brook meeting is scheduled so that
our Conservation Administrator (Irene Mackun) and one of the Commission members
can attend,
Yours truly,
NORTH &NDOVER CONSERVATION COMMISSION
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Guillermo J. Vicens
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FORM L
Preliminary Plan
Definitive idiiion
Special. Permit
Site Plan Review
North Andover, Massachusetts
hL 1
v/Director, Public Works
p' Higli ay, Utilities Operations
Director of Engineering & Adm-4.1-nis tr tion
Supervisor of Forestry � r nd ]]}
Fire Chief
f
. on er at on Comm, ission 0A
Inspector of Buildings
Board of Health
i e .. .:: .
Police �
Planning Board
4
Public Hearing has been scheduled for D 0 P.M. oil
to discuss these plans. (Preliminary plans Rio not need public hearing.
May we have your comments rand re-cojrmli nda t ions concerning these plans
no later than �y g� e'
Thank your
' Tl r'k, Planning Office