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Home My WebLink AboutCorrespondence - 80 SAILE WAY 12/2/1997 RACKEMANN, SAWYER & BREWSTE PAOP6 MONAL CORPORATION COUNSELLORS AT L A W ESTABLISHED 1880 ONE FINANCIAL CENTER 130STt7N, MASSACIRUSF.T TS 0941-I26a® MICA 0009®17•{4Y•2700 fCL866!6ICR®1Y•84fl-YABY DANIEL J,BAILEY.Ill t®t7);�®1.1107 December 2, 1997 Kathleen Bradley Colwell C 11A Office of Community Development and Services ,WV\V-) 1��0 � CA Town of North Andover 30 School Street uu North Andover, MA 01645 ��7C c�G�� Ile% Lot 3 . Great Pond Estates -\�� ` Dear Kathleen: I am writing in follow up to our conversation last weep with respect to the Watershed Special Permit application for Lot 3, Great Pond Estates. As we discussed, this application presents many of the same issues that were posed by the application for Lot 2, because the proposed driveway locations on each Lot are within ten feet of the nearby isolated freshwater wetland.i' By letter dated September 25, 1997, 1 supplemented the application materials for Lot 2 with certain information concerning why I believe that the work proposed on that Lot complies with the requirements of the applicable Zoning By-law. My letter also included certain information regarding the function of the isolated freshwater wetland. In light of the concerns which you expressed, please incorporate my September 25 1+ As we have previously stated, the Eliases respectfully reserve their rights to assert that the isolated freshwater wetland is not a resource area as that term is defined under the Town of Forth Andover Wetlands By-law. C' CnC fey-n-e3 .1 ► � G/z 'aovd E31SM3EE V E3AMVS NNVWaXDVH 9E:Z l (an.i) L6 . ZO 'z)3C RACKS N,SAWYER & BREWSTER December 2, 1997 Page 2 letter and the accompanying materials into the ,application t®r Lot 3 . Please give me a call if you have any questions. Si rely yours, Daniel J. Ba y, III DJB/ £f£ '3Jb*d H31SM3Hfi V H31.MVS NNVw3xDVH 9£:Z 1 (3111) L6 Z0 '�3Q t RACREMANNo SAWYER & BREWSTER FAX SI R SHEET RS&B File : 2317/1 12/2/97 ®: Name: Kathleen D. Colwell, Town Planner Company: North Andover Planning Board City/State: North Andover, MA Fax Phone: 508-688-9542 FRCNs Daniel J. Bailey, III Rackemann, Sawyer & Brewster One Financial Center Boston, MA 02111-2659 Sender's Direct Dial #: (617) 951-1107 Fax phone: (617) 542-7437 TOTAL PAGES INCLUDING THIS C® : COMENTSs STATOMT ®t' COMIDRNTIALITY The documents tr&n&Mitted by this facsimile contain information from the last firm Rack nn, sawyer a Brewster, a professional Corporation, and may contain confidential and privileged info Lion. This information is intended for the use of the address named on this transmittal sheet. If you are not the addressee, any disclosure, photocopying, distribution or use of its contents to prohibited. If you have received this facsimile in error, please call sae i diately (collect) so that we can arrange to retrieve the original documents. fi/� '3�dd H3SSM3HS VSAMVS NXVW3X0V14 95:Z L (3f)l) L6 . ZO '�3Q Town of North Andover of . .° ,,!ti OFFICE OF �� y<< s °°c COMMUNI'T'Y DEVELOPMENT AND SERVICES 0 p 30 School Street o, ° North Andover,Massachusetts 01845 WILLIAM J. SCOTT Ss,SCNOS� Director October 31, 1997 Mr. Dennis Quintal, P.E. Civil Construction Management, Inc. 8 Merrimac Road, Box 225 Newton, NH 03858 RE: NOTICE OF INTENT ®Lot #3 Saile Way. Dear Mr. Quintal: This Department is in receipt of Notice of Intent dated 10/6/97 requesting an Order of Conditions to construct a single family dwelling with associated appurtenances within the Buffer Zone of a Freshwater Wetland.l As you are aware, I have scheduled you for a public hearing with the North Andover Conservation Commission (NACC) on November 5, 1997. It is understood that the applicant has requested a waiver of the 25' No- Disturbance Zone2 as a means of accessing the available upland portion of lot#3. The "limited project3" provisions are designed to provide the issuing authority with the discretion to allow certain work to proceed although the work may not meet the performance standards set forth in 310 CMR 10.54 through 10.57(or in this case C. 178 of the Code of North Andover). If we apply the "limited project" test and subsequent alternatives analysis under the guise of our local Wetland Bylaw,we find that an alternative access point exists on the north side of the detention pond. With a few minor exceptions, all "limited" projects are approved or disapproved at the discretion of the issuing authority. DEP has issued a policy statement (88- 2) which states that the issuing authority is not obliged to allow multiple wetland crossings in order to let a landowner develop every corner of the property. Granting multiple waivers to the Town's "25' No-Disturbance Zone" may be likened to multiple wetland crossings.4 1 Section II(4)(p.5)of the North Andover Wetland Regulations. 2 Section XI(p.18)o the North Andover Wetland Regulations. 3 DEP Policy 88-2(310 CMR 10.53(3)(e). 4 A waiver of the 25'No-Disturbance Zone was granted under NACC#6 for Lot#2 Saile Way. CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 • PLANNING-(978)688-9535 BUILDING OFFICE-(978)688-9545 ° *ZONING BOARD OF APPEALS-(978)688-9541 ° *146 MAIN STREET A project satisfies the general requirements of a limited project if the issuing authority determines no reasonable alternative means of access to uplands of the same owner is available. In making the determination regarding alternate means of access, the issuing authority may require the applicant to evaluate the reasonableness of any previously or currently available alternatives to minimize to the greatest extent possible disruption to wetlands. Planning for Saile Way and the associated stormwater management system resulted in a restricted access corridor onto this lot. Thus the waiver request is not triggered because there is no feasible alternative but rather by changes to the property previously and currently owned by the applicant. The owner is not entitled to the access way if he/she has created the his/her own hardship. The current submittal is tacking in a detailed alternative analysis justifying the proposed waiver of the 25' No-Disturbance Zone. I would strongly suggest that you design an alternative route which would result in less adverse impact to the isolated Freshwater Wetland. I would not recommend to the NACC that they approve the plan as drafted. No activity is allowed in the 25' No-Disturbance Zone and building construction of any kind is prohibited in the 50' No- Construction Zone. This includes but is not limited to dwelling construction, porches, decks, additions, and/or sheds. Driveways and fences may be allowed in the No-Construction Zone. The imposition of these additional zones is established since, in the considerable body of experience of the Commission, alteration of land immediately adjacent to a wetland invariably results in the alteration of the wetland itself. Such wetland alterations have been observed during construction such as siltation, over- grading or depositing construction debris. Such alterations have been observed after construction from improper land use such as unregulated filling, cutting of vegetation, extension of lawns or the depositing of yard waste. Such alterations have been observed resulting in increased runoff, siltation and temperature or nutrient loading resulting from the change in land use immediately adjacent to the wetland. These subsequent alterations cannot be regulated without the imposition of the restricted zones detailed above. Since the Commission cannot allow unregulated alteration of wetlands, these restricted zones will likely be imposed on all projects. Such findings have compelled the Commission to engage in research into the literature and regulations concerning the function and necessity of such zones. I trust that this correspondence clarifies the position of this Department. Please bring revised plans to the 11/5/97 public hearing depicting no encroachment into the above mentioned zones. It is particularly important to avoid alteration of this Freshwater Wetland in order to protect the interest of the North Andover Wetland ByLaw and Regulations as it lies topographically above Lake Cochichewick, North Andover's sole source of drinking water. Your anticipated cooperation is appreciated. Sincerely, Michael D. Howard Conservation Administrator Cc: NACC Kathleen Colwell,Town Planner file Town of ort Andover 1 �oRT#q OFFICE OF �r°�`"!° •�0 L a COMMUNITY DEVELOPMENT SERVICES A 27 Charles Street ." North Andover, Massachusetts 01845 WILLIAM J.SCOTT sSncH Director (978)688-9531 Fax (978)688-9542 October 25, 1999 Marilyn&Felicia Elias,Trustees 700 Great Pond Road North Andover,MA 01845 RE: Request for Extension for Lots 3&6 Saile Way O En zr-5p-2 Dear Ms.Elias: Please be advised that at their regularly scheduled meeting of October 19, 1999 the North Andover Planning Board voted to GRANT your request for an exxtension of the watershed special permits for Lots 3"� &6 Saile Way for an additional'two years. Lot 3's extension has been granted until 12/18/2001,and Lot 6's extension has been granted until 12/18/2001. If you have any further questions,please do not hesitate to contact me. Sincerely, Heidi Griffin Town Planner BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Torn of North Andover � �OfSTy Office of the Conservation Department Community Development and Services Division b �O 0 41 �y w ti4 27 Charles Street �95sAcwUS North Andover,Massachusetts 01845 Telephone Julie Parrulo p (97 8)688-9530 978 Conservation Adnuilistrator Fax ( )688-9542 RECEIVED September 15, 2003 F Dennis Sullivan 29 Ashwood Avenue r' r ry 11- NC)o� q--t Wilmington, MA 01887 ANTMEN'r Dear Mr. Sullivan: The Conservation Department conducted a follow-up inspection of your property located at Lot 3 Saile Way on September 15, 2003. Several of the requirements outlined in my letter dated August 19, 2003 remain outstanding as outlined below: • All erosion controls must immediately be replaced, as the haybales have rotted and the silt fence is not properly secured; • The disturbed are,where the woodchips were removed, shall be seeded and or planted; • It appears the wetland markers were installed along the wetland edge;markers were required to be installed along the 25' No-Disturbance Zone or the approved limit of work(erosion control line); • New plans must be submitted reflecting the revised location and size of the house; the current footprint is not consistent with the record plan; All above referenced items must be addressed and completed immediately. Failure to comply with the requirements will result in the issuance of a$300 per day fine until all activities have been completed. If you have any questions,pleas 1 free to call me. Thank you. Sincerely, i ,'Julie a> ino, Con ai`brt A ministrator C: NACC Justin Woods, Planning Director file BOARD OF APPEALS 688-9541 BUILDING 688-9545 COAVTSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535