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HomeMy WebLinkAboutLEGAL CORRESPONDENCE LAW OFFFICEESS/ / 127 TURNPIKE STREET NORTH ANDOVER,MASSACHUSETTS 01845-5095 VICTOR L. HATEM (978)685-3368 ALSO ADMITTED IN N.H. FAX:(978)682-1712 JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. December 4, 1998 Kathleen Colwell, Town Planner 27 Charles Street North Andover, Massachusetts 01845 Re: 475 Dale Street Dear Ms. Colwell: Enclosed please find: 1. An original and three(3) copies of an Application for Special Permit; 2. Nine (9) copies of the plan in support of the application; 3. A filing fee of$100.00 and a review fee of$2,000 in support of the application; 4. a List of Parties of Interest (abutters) certified by the Assessor's Office; 5. written documentation setting forth in detail all facts,known to the Applicant at this time,relied upon for submittal of the application. My understanding is that this Special Permit Application will be heard on Tuesday, January 5, 1999. Should you have any questions or should you need any more information, please do not hesitate to call at your soonest convenience. Sincerely, eter em, as attorney for the October Lane Trust PLH:p H:\G2080\Ltr to Ms.Colwell.doc MAY-04-1999 09:45 HATEM and MAHONEY 978 682 1712 P.01/01 LAW OFFICES 127 TURNPIKE STREET NORTH ANDOVER,MASSACHUSETTS ois4rswos VICTOR L. HATEM ALSO ADMITTED IN N.H. (9711) 685.3366 JOSEPH V. MAHONEY FAX, (999) 682-1912 PETER L. HATEM AL-80 ADMITTED IN FLORIDA AND N.H. JOHN E. MAHONEY R , BY FAX: (978) 688-9542 May 4, 1999 MAY 19 NN NH;. f4M Heidi Griffin, Town PIanner KAA ip 27 Charles Street North Andover, Massachusetts 01845 Re; 475 Dale Street Dear Ms. Griffin. I understand from Amy that there is no Planning Board Meeting on May 4, 1999 due to the Towm Meeting. As such, I would respectfully request that the Applicant's Special Permit Application be postponed to the June 1, 1999 Planning Board meeting. I cannot make the May 18, 1999 meeting due to the fact that I will be out of town. Please consider this letter to be the applicant's further written consent to an extension of time for the time within which the Planning Board has to file its written decision with the Town Clerk's office until twenty-one days following the close of the public hearing. Following your receipt of this letter,please call me. Your cooperation and assistance are greatly appreciated. Sincerely, ter,as attorney PLH.p for the October Lane Trust H-\G2080\Ltr to Heidi Griffin 5-4-99.doo TOTAL P.01 Ameen Realty Trust 33 Coventry Lane North Andover, Massachusetts 01845 March 9, 2000 Heidi Griffin, Town Planner 27 Charles Street North Andover, Massachusetts 01845 Re: 475 Dale Street/Lot 1 -- Coventry Estates Dear Ms. Griffin: Recently,within the last week or so, I received a copy of a"Notice of Decision"from your office concerning 475 Dale Street. The Notice indicates that the decision was filed with the Town Clerk on November 24, 1999 and also indicates that"...any appeal shall be filed within(20) days after of filing this Notice in the Office of the Town Clerk." As such, I have received a Notice of Decision well after any appeal rights have expired. In speaking with the Applicant, I understand that he never received a copy of the Notice of the Decision until well after the appeal period had expired as well, although he did indicate that your office told him that they had mailed it to him last November,but did not send it"return receipt requested" as you sent it to me. I also understand from the Applicant that neither his engineer nor the Town's engineer received a copy of the Notice of Decision. He also indicated to me that your office did not send a copy of the Notice to me last November. Whatever the reason, whether it was sent or not by your office, it would appear that none of the notices ever arrived at their destinations. In fairness to all parties concerned I believe that the Board should rescind its earlier decision, re-voted its decision, and then re-file it with the Town Clerk so that that all parties have a chance to appeal. In light of the foregoing, I would request to be placed as an agenda item on the Board's next meeting which I understand to be Tuesday, March 21, 2000 in order to discuss this request. I look forward to your earliest response to this letter. Sinceyely, Sam Ameen, Trustee ro wIl of North Andover OE NORTH q OFFICE OF �� y°<'`eo ,.e�oL COMMUNITY DEVELOPMtNT AND SERVICES ° p 27 Charles Street �o North Andover, Massachusetts 01845 �9SSACHUS�s�y WILLIAM J. SCOTT Director (978)688-9531 Fax(978) 688-9542 December 7, 1998 Thomas J. Urbelis, Esq. Urbelis, Fieldsteel &Balin 155 federal Street Boston, MA 02110 Re: 475 Dale Street—Watershed Special Permit Dear Attorney Urbelis, The owner of a lot located at 475 Dale Street has filed for a watershed special permit from the Planning Board based on the zoning bylaw in effect on December 26, 1984. An application was filed previously in 1995 but was withdrawn pending a final adjudication by the DEP on a Conservation Commission issue. I have attached correspondence regarding the zoning issue for your review. Kopelman &Page rendered an opinion that the lot was not entitled to a zoning freeze based upon the dismissal of the Conservation Commission case. I have attached a copy of this letter for your review. I have also attached the applicant's response to this letter and the applicant's current application. They are scheduled to appear before the Planning Board on January 5, 1998. I would appreciate your opinion on the applicable zoning. Although I do not have an additional letter from Kopelman&Paige, my recollection was that the applicable zoning was based upon the outcome of the DEP case. If you have any questions or need additional information, please do not hesitate to contact me at 688-9535. Very truly yours, Kathleen Bradley Colwell Town Planner BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Project 1330 Atty. Peter Hatem-North Andover,Massachusetts Rooftop Leaching System Design This report provides calculations demonstrating that the proposed rooftop leaching systems satisfy the requirements of DEP's Storm Water Management Standards. Storm Water Quality Pre-Treatment and Volume of Treatment Standards Runoff from residential rooftops is to be considered uncontaminated per Storm Water Management Standard No. 1. Thus,there is no requirement for pretreatment or volume of treatment. Storm Water Quality Volume of Infiltration Standard The project soils are predominately hydrologic group B(Canton CaB and CaQ.Thus,a depth of 0.25 inches over the project's impervious area(2,878 sq.ft rooftop and driveway)will be used; (2,878 sq.ft)(0.25 inches)/(12 inches/foot)=60 cu.ft Check Available Inflow Volume from Rooftop Using the 2 year-24 hour runoff depth of 3.1 inches,and a CN value of 98 for rooftop,the depth of runoff equals 2.9 inches per SCS TR55 Figure 2-1. The available volume of runofffrom a the proposed rooftop(1,612 sq.ft)equals; (1,612 sq.ft)(2.9 inches)/(12 inches/foot)=389 cu.ft Check Dead Storage of Proposed System Use 20 Infiltrator high capacity chambers(or equivalent)placed in a 7 foot wide by 64.5 foot long trench filled with double washed crushed stone to a depth of 16 inches. Approximate stone void ratio as 0.33 of total; Total System Volume=(64.5 ft tong)(7 ft widc)(16t12 ft high)=602 cu.ft Structure Volume=(20 units)(16.3 cu.ft)=326 cu.ft Stone Void Volume=(602 cu.ft-326 cu.ft)(0.33 Vv/Vt)=92 cu.ft 1 ` Total Void Volume=326 cu.ft+92 cu.ft=418 cu.ft JUL - 1 1999 NorkTH ANC OVr-_'R PLANNING DEpAFtMENT 0 44 IC CML 9 No.34',67 YIY Page 1 JUL-29-1999 10:04 HATEM and MAHONEY 978 682 1712 P.01/01 LAW OF'F'ICES 127 TURNPIKE STREET NORTH ANDOVER, MASSAC14USEt'TS 01845-5095 VICTOR L. HATEM (978) 685-3366 ALSO ADMITTED IN N.H. FAX: (978)682-1712 JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N•H- JOHN E. MAHONEY BY FAX: (978) 688®9542 July 29, 1999 Heidi Griffin,Town Planner 27 Charles Street North Andover, Massachusetts 01845 Re: 475 Dale Street/Lot 1 ®-Coventry Estates Dear Ms. Griffin: Please allow this letter to confirm my conversation with Amy of your office last week in which she indicated that the application for a Special permit concerning the above referenced lot could not be heard on Tuesday, July 20, 1999 since there was not a quorum necessary to hear Special Permits. As I indicated in that conversation, I cannot make the August 3, 1999 meeting since I will be out of town, As such, I would respectfully request that the Applicant's Special Permit Application be postponed to the Tuesday,August 17, 1999 Planning Board meeting. Please consider this letter to be the applicant's further written consent to an extension of time within which the Planning Board has to act in accordance with the statute and bylaws. Following your receipt of this letter,please call my office to confirm its receipt. The patience, cooperation and assistance of your office and the Board are greatly appreciated. Sincerely, atem, as a for the October Lane Trust PLH:p H:\G2080\Ltr to Heidi Griffin 7-29-99.doc TOTAL P.01 LAW OFFICES Q 127 TURNPIKE STREET NORTH ANDOVER; MASSACHUSETTS 01845-5095 VICTOR L. HATEM (978) 685-3368 ALSO ADMITTED IN N.H. FAX: (978) 682-1712 JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. JOHN E. MAHONEY August 30, 1999 RECEIVED UP 1 1999 PLANNIINGIDG-RTMENT Re: Special Permit Application for 475 Dale Street, North Andover Dear Abutter: Please be advised that the attached Public Hearing Notice,previously set for January 5, 1999 has been continued to, and will be heard on, Tuesday, September 7, 1999 at 7:30 p.m.at the Department of Public Works Conference Room, 384 Osgood Street, North Andover, Massachusetts. Sincerely, eter L. ttorne tnt PLH/ Enclosures H:\G2080\Notice to Abutters.doc Town of North Andover NORTH OFFICE OF ,,?oy COMMUNITY DEVELOPMENT AND SERVICES p 27 Charles Street ` North Andover, Massachusetts 01845 9SSAC►+us�`� WILLIAM J. SCOTT Director (978)688-9531 Fax(978)688-9542 Public Hearing Notice North Andover Planning Board In accordance with the provisions of Chapter 40-A, Section 11, M.G.L., the North Andover Planning Board will hold a public hearing on Tuesday evening, January 5, 1999 at 7:30 p.m. in the Department of Public Works Conference Room, 384 Osgood Street on the application of Victor L. Hatem, as Trustee of the October Lane Trust, 127 Turnpike Street, North Andover, MA 01845 requesting a special permit under Section 4.133 and 10.3 (Watershed Protection District) of the North Andover Zoning Bylaw in effect on December 26, 1984 to construct a single family residence in the Watershed Protection District. The location of the property is 475 Dale Street in the Residential-1 (R-1) Zoning District and the Watershed Protection District. A copy of the application and plan may be inspected at the North Andover Planning Board Office during the hours of 8:30 - 4:30 Monday through Friday. Any person interested or wishing to be heard on the application should appear at the time and place designated. Richard S. Rowen, Chairman North Andover Planning Board Publish: North Andover Citizen December 16 & December 23, 1998 Bill: Victor L. Hatem 127 Turnpike Street North Andover, iv1A 01845 Tel: 978-685-3368 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 FEB-10-2000 1-5:02 HATEM and MAHONEY 970- 692 1712 P.01/02 LAW OFFICES 127 TURNPIKE STREET NORTH ANDOVER,MASSACHUSETTS 011345-5095 VICTOR L. HATEM (978) S85-3368 ALSO AOMITTE® IN N.H. FAX. (998) 682-1912 JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. JOHN E. MAHONEY BY FAX: (975)689-9542 February 10, 2000 Heidi Crriffin,Town Planner 27 Charles Street North Andover, Massachusetts 01845 Re: 475 Dole Street/Lot 1 ®Coventry Estates Dear Ms. Griffin: Please allow this letter to confirm our conversation of Tuesday, February 8, 2000 in your office at approximately 9:30 in the morning, concerning the above referenced lot. Following the close of the meeting on November 16, 1999, the Board made a decision in this case. The Applicant waited for his copy of the decision,which the Board specifically indicated at the October 5, 1999 meeting would be mailed to the Applicant. After the statutory time period has passed and no decision was received, the Applicant checked the clerk's office to see if a decision had been filed. The Applicant learned for the first time that the decision had been filed with the Town Clerk in the Town of North Andover on November 24, 1999. Puzzled that he had not received notice,he called the other people listed on the list of persons listed on the Notice of Decision. In discussions with the Applicant's engineer, and the town's outside consultant, Coler and Colantonio,the Applicant learned that none of those parties received a copy of the Boards' decision, On Tuesday,February 8,2000,I stopped in to your office in order to see what had happened to the Notices of Decision. I obtained the file from Amy Solomon, the Boards' secretary, and immediately opened the file and discovered the problem. There,in the folder, were envelopes, addressed and stamped,to the Applicant(with postage for a certified mail, return receipt notice),the Applicant's engineer and to all the abutters on the project, all of whom are`parties in interest"under M.G.L. c.40A, §11. These postage fully prepaid envelopes,for use to mail the copies of the decision,were used and the Notices of Decision were never sent. FEB-10-2000 15:02 HATEM and MAHONE`r' 9?8 682 1712 P.02=02 My recollection of this time period was that the board may have not had a secretary and this Notice of Decision was filed the day before Thanksgiving. From this record, as well as statements by the Applicant,his engineer and the Town's consulting engineer,it is clear that the Notice of Decision was never mailed, contrary to the requirements of Massachusetts General Laws, Chapter 40A, §9. In discussing this matter with you,I understand that in situations such as this in the past, where it is undisputed that the mailing of the Notice of Decision did not occur, as the statute requires,the Board has taken the following action: 1. First, the Board rescinds its decision of November 24, 1999. 2. The Board re-votes its decision in the same manner that it did on November 16, 1999 and which decision was filed on November 24, 1999 and simply records the rescinding of its decision, and then the decision again. The new Notice of Decision is then mailed as Massachusetts law requires and all parties' appeal rights begin again. In light of the foregoing, I would request to be placed as an agenda item on the Boards' next meeting which I understand to be Tuesday,February 22,2000 in order to discuss this situation. I look forward to your earliest response to this Ietter. Sincerely, er . Hatem,as attomey for the October Lane Trust PLH:jmc HAG208MLtr to Heidi Griffin 02-09-00,doc TOTAL P.02 Planning Board Meeting Department of Public Works September 7, 1999 Members Present: Alison Lescarbeau, Chairman,Richard Rowen, Richard Nardella and William Cunningham,Associate Member were present. Alberto Angles, Clerk, arrived at 7:15 p.m. John Simons, Vice Chairman arrived at 7:50 p.m.. Heidi Griffin, Town Planner was also present. Minutes: On a motion by Mr. Rowen seconded by Mr. Nardella, the Board voted unanimously to approve the minutes for August 3, 1999 as amended. On a motion by Mr. Rowen seconded by Mr. Nardella,the Board voted unanimously to approve the minutes for August 17, 1999 as written. Discussion: 1591 Osgood Street—storage facility Chris Adams was present to discuss the proposed storage facility located at 1591 Osgood Street. Mr. Adams stated that the property is located across from Lucent Technology. Mr. Adams stated that presently there is a miniature golf course on the property. Mr. Adams stated that there is four acres of land and it is zoned business on the downside of the property. Mr. Adams showed the Board the plot plan showing the four proposed storage buildings. Presently the property is zoned I-S (Industrial—S) which is a permitted use for a storage facility. Mr. Adams passed out a packet overviewing the property to the Board. Ms. Lescarbeau stated that this is an. appropriate site but the Board is also concerned with aesthetics, buffers and lights. Mr. Rowen stated that Mr. Adams needs to demonstrate that they will not be any drainage problems. Mr. Rowen stated that Mr. Adams needs to make sure that he does not approach to close to the zoning line. Mr. Mark Nardella asked when he would start construction. Mr. Adams stated that he would probably be in the springtime. Executive Quarters—site plan review Ms. Griffin stated that the Applicant is reducing the square footage from 24,000 square feet to 18,620 square feet and they are reducing the parking spaces. Ms. Griffin stated that there is 12 foot decrease in the building height. Ms. Griffin showed the Board the revised plans for the office building. Ms. Lescarbeau asked if they've provided a new landscaping plan. Ms. Griffin stated that they have. Mr. Rowen questioned the number 1 of parking spaces. Ms. Griffin stated that they are showing 69 parking spaces and 61 parking spaces are required. The Board instructed Ms. Griffin that this plan did not require a modification or a Public Hearing. On a motion by Mr. Nardella, seconded by Mr. Angles, the Board voted unanimously to a minor modification to the previous approval for Executive Quaters. Endorse Plans: 351 Willow Street—site plan review to Ms. Griffin stated that the plans were all set for endorsement. The Board endorsed the plans for the site plan review located at 351 Willow Street (Bake—n- Joy). Bond Release: 115 South Bradford Street—watershed special permit Ms. Griffin stated that she has received an as built plan and recommends a total bond release. On a motion by Mr. Nardella, seconded by Mr. Rowen, the Board voted unanimously to Release $500 plus interest for the watershed special permit located at 115 South Bradford Street. Public Hearings (7:30 p.m.): 475 Dale Street—watershed special permit Peter Hatem of Hatem&Mahoney Attorney's Office was present to represent 475 Dale Street. Mr. Hatem stated that after Coventry Estates was approved the lot lines were changed. Mr. Hatem stated that two years after the subdivision was approved the lots were brought before the Board to be buildable. Mr. Nardella stated that the lots were created but not buildable. Mr. Hatem replied that the note did not state the lots were"unbuildable"but that the lots may be deemed unbuildable. Mr. Hatem stated that the original house in 1989 was proposed much closer to Street and then in 1995 in 1996 there were orders of conditions issue a property. Mr. Hatem stated that there is a superseding order of conditions that has a lot of restrictions on the property. Mr. Hatem stated that the applicant submitted two filings to Coler and Colantonio and they had only two issues. Mr. Hatem stated that one of the issues was the water quality analysis which they have put a roof leaching design on the home. Coler and Colantonio stated that they would like to draw the water towards the road instead of towards the home. Mr. Hatem quoted parts of the 1994 bylaw from section 10. Mr. Hatem stated that the property is on Town water and towns sewer and they have provided adequate setbacks. Mr. Rowen asked Mr. Hatem to show the Board the wetland line. Mr. Hatem showed the Board the plan with wetland line. Ms. Lescarbeau asked how far back the home is from the street. Mr. Hatem stated that it is about fifty feet. Mr. 2 Nardella asked what the closest point the home is to a wetland. Mr. Hatem stated that it was about 43 feet. Ms. Lescarbeau asked how big the proposed home is going to be. Mr. Hatem stated that it is going to be about 2000 square feet. Mr. Nardella stated that he thought that there was an issue with this lot because it sits on a tributary. Mr. Simons asked what the water quality report states. Mr. Hatem stated that they are using as little of the site is possible. Mr. Hatem stated that they have designed a roof re-charge and they've done everything that the towns engineer has suggested. Mr. Nardella stated that this is pertaining to a litigation with a Superseding Order of Conditions from ConCom not from the Planning Board. Mr. Simons asked what they specifically said regarding the re-charge area. Mr. Hatem stated that it is saying that there is no adverse impact on the lake. Mr. Simons stated that it looks like this was a boilerplate report. Mr. Nardella asked if they have to comply with the 1984 or 1986 bylaw. Ms. Griffin stated that they have to comply with 1984's bylaw. Mr. Rowen stated that Ms. Griffin should look through the Coventry Estates decision to see how the wording was for this lot. Mr. Rowen stated that there were four lots there. Mr. Rowen questioned their location. Mr. Hatem stated that they go up Coventry Lane. Mr. Nardella asked who owned the property. Mr. Hatem stated that October Lane Trust, owns the property. Mr. Rowen asked why Coler and Colantonio made the comments regarding the water direction. Mr. Rowen stated that he would like to call Curt Young of Wetland Preservations to get a second opinion on the water direction. Mr. Hatem stated that he has no problem with Mr. Rowen contacting Mr. Young since Mr. Young was the one who did the wetland delineation. Continued until the September 21, 1999 meeting. Continued: 1160 Great Pond Road (Brooks School)watershed special permit Ms. Griffin stated that the only remaining issue was the Vortex System, which she has received a letter from Coler and Colantonio stating that the Vortex systems will be acceptable. Ms. Griffin stated that they have submitted revised plans and they did add on the plans that the project is not in the watershed protection district. Ms. Griffin stated that the only issue in the decision is that she had asked the applicant to submit a master drainage plan prior to receiving a Certificate of Occupancy. John Scott stated that the only difficulty with that requirement is that these projects are being done one step at a time but they will have to get it done. On a motion by Mr. Rowen, seconded by Mr. Nardella,the Board voted unanimously to close the Public Hearing. 492 Sutton Street (Campbell)—site plan review Bill McLeod of the Andover consultants was present to represent 492 Sutton Street. Mr. McLeod stated that Ms. Griffin faxed a draft decision. Mr. McLeod stated that he would like to waive the requirement for an as built plan and they would do a foundation certification instead. Ms. Lescarbeau stated that she would recommend the Board reduce the bond rather than not have an as built plan. Ms. Lescarbeau recommended 3 reducing the bond to $2000. Mr. McLeod stated that the other requirement he would Eke to be waived from the decision is that they would need to install fire sprinklers. Mr. McLeod stated that they are installing a fire alarm. Ms. Lescarbeau stated that she would like to have something in writing from the Fire Chief stating that they did not need to install fire sprinklers. Mr. Rowen stated that he is not adamant about having them install sprinkler systems. Ms. Griffin stated that we could continue the Public Hearing till the September 21, 1999 meeting until we receive a letter from the Fire Chief regarding fire sprinklers. Continued until about September 21,1999 meeting. Lot 2 Great Pond Road—watershed special permit, Lot 3 Great Pond Road— watershed special permit, Lot 3 Great Pond Road—common drive, Lot 4 Great Pond Road—watershed special permit and Lot 4 Great Pond Road—common drive The Board discussed these Public Hearings together since they were of the same property. Bill Bergeron of Hayes Engineering was present to represent lots 2, 3 and 4 Great Pond Road. Mr. Bergeron stated that they have revised the plans to increase the radii so that a fire truck could make it through the common drive. Mr. Bergeron also stated that and they have also provided 6 inches of gravel and eight inches of crushed stone on top of it so that the fire truck could be supported. Mr. Bergeron stated that they have adjusted the cellar floor up to feet on two of the homes. Ms. Griffin stated that she had spoken to Coler and Colantonio and they had no issues outstanding with this project. Mr. Angles asked when they adjusted the radius how did that affect the common driveway. Mr. Bergeron stated that and they have the divider strip so it really did not affect it. Mr. Bergeron went over the plans with the Board. Mr. Nardella asked how wide the driveway is. Mr. Bergeron stated that in some spots its 12 feet wide and the other is 8 feet wide. Mr. Nardella stated that he would like Ms. Griffin to add in the decision that these lots can no further be subdivided. On a motion by Mr. Nardella, seconded by Mr. Rowen, who the Board voted unanimously to close the Public Hearing for lots 2, 3 and 4 watershed special permit. On a motion by Mr. Nardella, seconded by Mr. Simons, the Board voted unanimously to close the Public Hearing for lots 3 and 4 common drive. 492 Sutton Street (storage facility —site plan review Dom Scalise was present to represent 492 Sutton Street. Mr. Scalise stated that this property has been approved from the zoning board of appeals and the conservation commission. Ms. Lescarbeau stated that the Planning Board's issues were associated with the buffer and the color of the building. Phil Christiansen of Christiansen& Sergi stated that Ms. Griffin wrote a letter with six items we needed to address. Mr. Christiansen stated that they have addressed all the items. Mr. Rowen stated that he would like to see a fence along the edge of the property. Mr. Christiansen stated that Chief Stanley does not want a fence he needs to be able to see inside the property. Mr. Rowen stated that he does not accept his logic. Ms. Lescarbeau stated that she did 4 drive by the site and she would like to see them keep some trees. Mr. Christiansen stated that they need to be 50 feet away from the wetlands. Mr. Nardella asked if there be water and the detention basin. Mr. Christiansen stated yes, a small amount will be there and then it will seep out. Mr. Rowen asked what the width his between the swale and the proposed building. Mr. Christiansen stated that it was about 25 feet. Mr. Simons stated that they should think about having one larger building and two smaller buildings. Louise Gilmore a representative for the company that makes the storage buildings stated that people who rent the storage facilities like to drive up and just put their stuff in the garage. Ms. Lescarebau asked what if they turned the buildings 90 degrees, how much space would they loose. Mr. Christiansen stated that it would be a lot of space but he doesn't have a definitive number. Ms. Lescarebau stated that if you turned the buildings all she would see is the end of the building. Mr. Scott stated that we are here to make the best plan. Mr. Nardella asked if they could give a little thought into turning the buildings 90 degrees. Mr. Simons stated that this is an industrial looking building, this is a boilerplate storage facility with no architectural structures. Mr. Simons stated that these buildings have been designed with architectural features on them. Mr. Scalise stated that these are safer than a wooden structure. Mr. Simons stated that there are other ways to design these and they are also very close to residential area. Ms. Lescarbeau stated that she would like to see them change the buildings vertically. Mr. Gilmore stated that they can blend the buildings with soft color and shrubbery. Mr. Gilmore stated that in most cases people will jazz the building up with a very nice entrance. Mr. Nardella stated that he would like to address the issue of the fence with Chief Stanley. Ms. Lescarbeau stated that she would like to see a plan showing the buildings vertical. Mr. Nardella suggested that they could paint all the doors one color. Ms. Lescarbeau agreed with Mr. Nardella. Mr. Rowen stated that he would like to see a uniform landscaping plan. Mr. Angles stated that he would also like to see the buildings rotated if it's not a lot of work. Continued until the September 21, 1999 meeting. Decisions: 1160 Great Pond Road (Brooks School) watershed special permit On a motion by Mr. Nardella, seconded by Mr. Angles, the Board voted unanimously to approve the site plan review for 1160 Great Pond Road as written. 492 Sutton Street (Campbell)—site plan review This Public Hearing has been continued until the September 21,1999 meeting. Lot 2 Great Pond Road—watershed special permit On a motion by Mr. Nardella, seconded by Mr. Simons, the Board voted unanimously to approve the watershed special permit for Lot 2 Great Pond Road as amended. Lot 3 Great Pond Road—watershed special permit On a motion by Mr. Nardella, seconded by Mr. Simons, the Board voted unanimously to approve the watershed special permit for Lot 3 Great Pond Road as ameded. 5 Lot 3 Gnat Pond Road—common drive On a motion by Mr. f*lardella, seconded by Mr. Simons, the Board voted unanimously to approve the common drive special permit for Lot 3 Great Pond Road as amended. Lot 4 Great Pond Road—watershed special permit On a motion by Mr. Nardella, seconded by Mr. Simons, the Board voted unanimously to approve the watershed special permit for Lot 4 for Great Pond Road as amended. Lot 4 Great Pond Road—common drive On a motion by Mr. Nardella, seconded by Mr. Simons, the Board voted unanimously to approve the common drive special permit for Lot 4 Great Pond Road as amended. Adjournment: On a motion by Mr. Nardella, seconded by Mr. Rowen, the Board voted unanimously to adjourn. The meeting adjourned at 9:45 p.m. 6 NOV-26-1999 FRI 04:44 PM COLER AND COLANTONIO FAX NO, 7819825490 P. 02 61-7 - 3 LA ' 2 F SIMILE CAVE ! � � To: Heidi Griffin Company: planning Board Phone: 978-688-9535 Fax: 978-688-9542 From: Jason Loisellc Company: Coler & Colantonio, Me. Phone: 781-982-5400 Fax: 781-982-5490 Date: October 15, 1999 Pages including this cover page: 1 Comments: Yeidi, We have reviewed the submitted"Water Quality Fwaluation"for Lot#1 hale Street performed by Wetland Preservation Inc. dated October 5, 1999 for conformance with the Town's Watershed Protection District Bylaws.This study indicates no significant impact to the Water Quality of bake Coehichewick. Reportodiy,the proposed nitrogen loading will be 1/10 the required minimum drinking water standard and the proposed phosphorous loading;will cause a o.o5%increase in the loading.The loadings,as reported, were modeled using the tlevelopment of the entire lot and are tbus conservative in their results. if you have any questions,please call ine 781-982-5434. Jason XC; Jim hand (978)688-9573 Merrimack Engineering (978)475-1448 Town of North Andover * OFFICE OF 3?OCt��lO 6,��OL COMMUNITY DEVELOPMENT AND SERVICES A 27 Charles Street * 9 ° • North Andover,Massachusetts 01845 �9SSACHUS���y WMLIAM J. SCOTT Director (978)688-9531 Fax(978)688-9542 ;FAX TRANSMISSION DATE: e� - Q- t�(`)bf`� TIME: 3 ' o # OF PAGES: INCLUDING COVER PAGE TO: Pei"e-r FROM: a Pjanniflq SUBJECT. H -79 per( 'ice i ) BUILDING DEPT FAX#: 978-688-9542 SEND TO FAX #: 692- , I 2 REMARKS: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 NOV-26-1999 FRI 04;43 PM COLER AND COLANTONIO FAX NO. 7819825490 P. 01 ® 1 � scrENt�sTs ® 9d'Acoord P e ® Nomoell MA 02051-16135 To: ` company: Fax number a `68 Business prone: From: y r� Fax number. Business phone: Date &Time: Pages: Re: Note_ An anct/'�c ,/ruse .KS v��6h c.•c a� � ��:�r►,��.r we �� -��, �/. t�SC c,k ( . C, Confidentiality Notice: The documents accompanying this facsimile ion contain confidential information belonging to the scnderwhich is legally privileged. The information is intended only forthe use of ttie individual or entity named at5ove. if you are not the intended recipient.you are hereby notified that any disciasure, copying,distributing as taking of any action In reliance on the contents of this communication is strictly prohibited- if you have received this ttansmission in error, please notify us by telephone immediately to arrange for return,of the documents to us_ NOV-26-1999 FRI 04;45 PM COLER AND COLANTONIO FAX NO, 7819825490 P. 05 C61or & C0140tonfol, Fax To: Heidi Griffin Frorn: John Chessia Fax: 978-688-9542 Pages: 3 Phone: 978-688-9530 Date: 07/15/99 Re: Supplemental Engineering Review XC: Jim Rand 978-688-9573 Merrimack Engineering,Inc.978-475-1445 Q Urgent El For Review 0 Please Comment ❑ please Reply 0 Please Recycle Town of i forth Andover Planning Department Charles street Nom Andover,MA O 1345 Tc: J(�41 V� a� Fax: Frcm: �� �� f 1 1 ( Date: 112 NO Re: R —S� Fages: CC: G lime^� G For R—nievl ❑ Please Comment ❑Ple:Ee Rechy ❑Please Rer,-Cie I-Ictes: GOO r,-� I(Tt 1+ 1,0 H-�-QLkp-- qAu-/� Q, Q /(J-- p � , / u . . . . . . . . . . Town of North Andover 04 6.41 OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 0 27 Charles Street North Andover, Massachusetts 01845 WHILLAM J.SCOTT A U Director (978)688-9531 Fax (978)688-9542 TAX TRANSMISSION # OF PAGES: 3 )Lj TIME: WSL_41 m DATE: INCLUDING COVER PAGE TO I-) 1-'(-Je,(' FROM: SUBJECT. BUILDING DEPT FAX#: 978-688-9542 12 SEND TO FAX REMARKS: ok BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 lo- lq- 99 October 19,1999 North Andover Planning Board Minutes MEMBERS PRESENT: Allison Lescarbeau, Chairperson; John Simons, Vice-Chairperson, Alberto Angles, Clerk,Richard Nardella,Richard Rowen,William Cunningham STAFF PRESENT: Heidi Griffin,Town Planner The meeting began at 7:00 p.m. The Board voted to go into executive session and came out at 8:00 p.m. FORREST STREET — ACCESS OTHER THAN STREET FRONTAGE AND COMMON DRIVEWAY PUBLIC HEARING and FORREST STREET FORM A PLAN Mr.Ralph Joyce was there to present the project for Lots A, B& C of Forrest Street. Mr. Joyce stated that he proposes to create two new lots, Lots A&B for Forrest Street. Mr. Joyce stated that Lot B is covered by a vernal pool and therefore cannot be accessed through its legal frontage without receiving approval from the Planning Board for a special permit for access other than legal frontage. Mr.Joyce stated that he is applying for a special permit for Lots A&B also. Mr. Joyce informed the Board that the driveway actually already exists and was permitted through the Conservation Commission several years ago. However, today he will need a common driveway permit as he is applying for a new lot. Mr. Simons stated that Mr. Joyce would need to show the pre-existing lot lines on the plan in order for the Planning Board to endorse the plans. Mr. Simons also stated that he needs to actually calculate the contiguous buildable area and denote it on the plan instead of simply stating the c.b.a is greater than the 75%required by the zoning bylaw. The Planning Board agreed to individually perform site visits prior to the nexi Planning Board meeting,which is on November 16, 1999. The Board unanimously instructed Mr. Joyce to make the suggested revisions to the plan. Mr.Rowen moved, seconded by Mr. Nardella and VOTED 6-0: That the Planning Board vote to continue the public hearing for Forrest Street until November 16, 1999. 492 SUTTON STREET—SITE PLAN PUBLIC HEARING CONTINUED Mr.Phil Christiansen was here to represent Northeast Storage Facility. Mr. Christiansen stated that he presented revised plans to the Town Planner yesterday, that depicted the layout of the buildings that the Planning Board suggested at their October 5, 1999 meeting. Mr. Christiansen stated that he is aware the Town Planner has drafted a decision and would like to request that the Board vote on the decision tonight. Ms.Lescarbeau stated that she would like the landsdcaping on Sheet 3 to be changed to reflect that the trees are 6'tall instead of 4'tall. Mr.Rowen agreed Mr. Nardella moved, seconded by Ms. Lescarbeau and VOTED 4-1 (Mr. Simons voted in the negative,Mr. Cunningham abstained): That the Planning Board vote to approve the site plan special permit for Northeast Storage Facility located at 492 Sutton Street. 475 DALE STREET-WATERSHED SPECIAL PERMIT PUBLIC HEARING (CONTINUED FROM 10/5/99) Mr. Peter Hatem was there to represent the proposal of a single family dwelling to be built in the watershed district.. Mi Hatem explained that at the September 21, 1999 meeting the Planning Board instructed him to have a water quality evaluation report conducted in reference to his proposal. Mr. Hatem stated that report has been completed and was sent in the Planning Board members' packets for their review, Mr. Hatem stated that the Town's outside consulting engineer reviewed this water quality evaluation report and they have determined that this proposal would have a minimal effect on the watershed Mr.Hatem also stated the figures used in the water quality evaluation actually tripled the disturbance amount compared to what would actually be disturbed (6,000 sq. feet of actual disturbance vs.20,000 square feet utilized in the water quality evaluation report calculations). Mr. Simons stated that he had concerns about this project because he does not feel the Board has ever approved another project with wetlands on either side of the proposed project, and particularly with such close proximity to a wetland(40-45 feet)/ Mr. Rowen disagreed, stating that he believes the Board has approved other projects with this close of a proximity to a wetland Mr. Hatem stated that this proposal is unique because it is grandfathered under the 1984 zoning bylaw. Mr.Nardella stated that he felt that approving this project could set a dangerous precedent. Mr. Hatem reiterated that he did not agree that the Board would be putting themselves in that position because the only other time they would see such a similar situation would be if there was a lot in another subdivision that was grandfathered under the 1984 zoning bylaw. Mr. Hatem stated that he also provided the Board with the conditions regarding the lot that was imposed in the decision rendered by the Board when the subdivision was approved Mr. Nardella stated that the language did state that the lots may have conditions imposed rendering the lot unbuildable. Mr. Simons voiced concerns that the Board has no way of predicting of how this proximity to the " , wetland may eventually affect the wetland Mr. Rowen asked Mr. Simons if he was more concerned with the possible degradation of the wetland during construction of from the simple fact that someone may be occupying the home. Mr. Simons stated that he had concerns with both. Ms. Griffin stated that there was really no way to monitor what homeowners will do after they occupy a house, other than place the deed restrictions that the Board commonly_does:when approving a watershed special permit. Mr. Angles stated that actually, that is why the Planning Board approves special permits in the watershed district,because maybe projects that are marginal should not be approved, because the Planning Board cannot regulate what homeowners do. Mr.Rowen moved, seconded by Mr. Nardella and VOTED 5-1 (Mr. Cunningham abstained): That the Planning Board vote to close the public hearing. The Board instructed Ms. Griffin to draft a decision for the November 16, 1999 meeting. 1160 GREAT POND ROAD — BROOKS SCHOOL — SITE PLAN REVIEW PUBLIC HEARING—CONTTNUED FROM OCTOBER 5 1999 Mr. John Scott presented the revised plans to the Planning Board Mr. Scott stated revisions have been made, so as to add landscaping requested by the Planning Board,add a sliding gate,and add site lighting to the parking lot. Mr. Scott stated that as a condition to their prior site plan review application, they will have to provide a Master Drainage Plan to the Planning Department prior to receiving a certificate of occupancy. Mr. Scott stated that this should address the Consulting Engineer's concerns. Mr. Scott added that the drainage calculations have been remodeled so as to conform to 100 year flood requirements. The Planning Board instructed Ms. Griffin to draft a decision for the November 16, 1999. Mr.Nardella moved,seconded by Mr.Rowen and VOTED 6-0: That the Planning Board vote to continue the public hearing until November 16, 1999. LOTS 3 AND 6 SAILE WAY—REQUEST FOR SPECIAL PERMIT EXTENSION Mr.Nardella moved, seconded by Mr. Simons and VOTED 6-0: That the Planning Board vote to extend the special permits for lots 3 and 6 Saile Way for an additional two years from the date of their expiration. CHATHAM CROSSING—PROPOSED 13 LOT PRELRv1INARY SUBDIVISION PLAN Mr. Bill McLeod was present to explain the proposal for a 13 lot preliminary subdivision plan off of Andover Street. URBELIS, FIELDSTEEL&BAILIN, LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 THOMAS J.URBELIS Telephone 617-338-2200 Andover Office E-MAIL:tju @ufb.com Telecopier 617-338-0122 Telephone 978-475-4552 March 13, 2000 Peter L. Hatem, Esq. Hatem and Mahoney, LLP 127 Turnpike Street North Andover, MA 01845-5095 RE: 475 Dale Street/Lot 1 - Coventry Estates,North Andover Dear Mr. Hatem: I am writing in reply to your letter dated February 10, 2000, to Heidi Griffin. Upon investigation of this matter of mailing notice, the Planning Board's position is that mailing of the notice did occur. Very truly yours, Thomas J. relis TJU:Iss cc: nning Board Heidi Griffin s:\wp5 t\work\n-andove\coventtyestates\hatem.ltr.doe PLANNING BOARD RECOMMEENDATIONS - 4/18/2000 MEETIN 1. 475 Dale Street — An abutter has sent a letter to the Planning Board requesting that the decision be re-issued as they did not receive a copy of the decision. As you'll recall, both Amy and myself have no specific recollection of sending a copy to the abutters,we both specifically recall sending one to the applicant and his engineer. Town Counsel had advised the Planning Board to re-issue the decision based on the fact that we do not recall sending a copy of the decision to the abutters. I was going to update the Planning Board as to this on March 21't but our meeting was cancelled due to the fact that we had elections. In the interim, I had advertised for the public hearing at Town Counsel's request. I have requested that Town Counsel issue a letter explaining the pros and cons on the re-issuance of the decision vs. not re-issuing the decision. atham Crossing — Attached please find my more detailed memorandum summarizing this proposal. The application is for an eleven lot subdivision to accommodate duplexes off of Andover Street. There is a letter in your packets from some abutters requesting that the hearing be continued until the May 2, 2000 meeting due to the fact many of the abutters are gone because of school vacation. As an informational item, the May 2 meeting is extremely booked and it would be better if we held the hearing tonight/ 3. Rules and Regulations for Special Permits — Attached please find copies of new applications for all special permits issued by the Planning Board. This requires a public hearing under M.G.L. Chapter 40A, Section 9 as the applications incorporates all of the requirements for the special permits listed in the Zoning Bylaw and is construed as rules and regulations. 4. Proposed Zoning Amendment to Watershed Protection District — This is the public hearing for the amendment to the watershed protection district that we had worked on and agreed to in February of 2000. This hearing has been rescheduled.to the May 2 meeting due to the fact we need additional advertising for Town Meeting. 5. Abbott Village — Bond Establishment/Form A Application — The applicant is looking for the Planning Board to establish a partial bond for Abbott Village. Attached please find DPW's bond establishment recommendation. The applicant is also asking for lot releases for the lots in the subdivision which will be bonded. Finally, the applicant wishes for the Planning Board to endorse a Form A Application which reflects changes made at the Conservation Commission's request in the process of the applicant's litigation with the Conservation Commission, 6. Street Acceptances — These are all the street acceptances which were continued from the last meeting so that DPW could have more time to review the easements and ensure that they matched the plans. Ht-'K 114 'UU U,c;GbHfl UKBELiS t iELDS FEEL BHILIN LLP P.2 URBELIs,FIELDSTEEL&BAILIN, LLP 155 FEDERAL,STREET BOSTON,MASSACHUSF - 1 A-177 7 ��ii� ra%irk THOMAS J.URHELIS Telephone 6l7 /;� r i r a�r� Andover Office p E-MAIL:t1utlfb,COm Telecopier 617 ,�, �� Telephone 97&475-4552 April 14, rh BY FACSIMILE COPY Heidi Griffin Town Planner Town of North Andover 27 Charles Street North Andover,MA 01845 RE: 475 Dale Street Dear Heidi: You have asked for my written opinion regarding the result if the Planning Board decides to reissue the decision. The applicant and an abutter claim that they never received notice of the decision, as required by law, The Planning staff claims that it sent the notices, The applicant claims that unsent certified letters to the applicant and abutters are in the Department's files, and the staff claims that the proper notices were sent by regular mail. The applicant and abutter claim prejudice because the time for appeal after recording of the decision in the Town Cleric's office has passed. If the Planning Board does not reissue the decision,the applicant(and presumably the abutter)might file suit challenging the decision, and claim that the Planning Board is estoppel from asserting as a defense the failure to timely file a lawsuit because the applicant allegedly did not receive timely notice of the decision. That issue would be determined by the factual findings made by a court. If the decision is reissued(assuming the applicant executes a written request for an extension of time for the Board to act and waiving any claim of constructive approval and it is filed with the Town Clerk)the applicant or someone else might file suit on the merits of the decision within the statutory period for the reissued decision, ,,lwp$ilvrorkln-andpv¢lcorrccplyrlRindnlc,lir,doo APR 14 'UU 02;a6FN URBELIS FIELDSTEEL BAILIH LLP P.3 URBELIS, FIELDSTEEL&BAILIN, LLP April 14, 2000 Page 2 Please call if you have any questions on this. Very truly yours, Thomas J. Oelis TJU:Iss cc: Terri Ackerman(by fax) Board of Selectmen H-K 14 "UU Uc-;cbr'N UK LL15 1 1LLU5ILLL BHILill LLP P.Z URBELIS,FIELDSTEEL&BAILIN,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 THo mAs J.URBELIS Telephone 617-338-2200 Andover Office E-IMAIL:99 llfb,Com Telecopier 617-338-0122 Telephone 973.475-4552 April 14,2000 BY FACSEUME COPY Heidi Griffin Town Planner Town of North Andover 27 Charles Street North Andover,MA 01845 RE: 475 Dale Street Dear Heidi: You have asked for my written opinion regarding the result if the Planning Board decides to reissue the decision. The applicant and an abutter claim that they never received notice of the decision, as required by law. The Planning staff claims that it sent the notices. The applicant claims that unsent certified letters to the applicant and abutters are in the Department's files, and the staff claims that the proper notices were sent by regular mail. The applicant and abutter claim prejudice because the time for appeal after recording of the decision in the Town Clerk's office has passed. If the Planning Board does not reissue the decision,the applicant(and presumably the abutter) might file suit challenging the decision, and claim that the Planning Board is estopped from asserting as a defense the failure to timely file a lawsuit because the applicant allegedly did not receive timely notice of the decision. That issue would be determined by the factual findings made by a court. If the decision is reissued (assuming the applicant executes a written request for an extension of time for the Board to act and waiving any claim of constructive approval and it is filed with the Town Clerk)the applicant or someone else might file suit on the merits of the decision within the statutory period for the reissued decision. 4,1wp;Ilwotklrt-miQOVC1W ttt7MydlGedalgllr,doe APR la 'Ub OL;L6FN URBELIS FIELDSTEEL BAILIN LLP P.3 URBELIS, FIELDSTEEL&BAILIN, LLP April 14, 2000 Page 2 PIease call if you have any questions on this, Very truly yours, I VWuuP Thomas J. Oelis TJU:Iss cc: Terri Ackerman(by fax) Board of Selectmen APR 14 '00 02:26P19 URBELIS FIELDSTEEL BAILIN LLP P.2 URBI?LIS,FIELDSTEEL cod BAILIN, LLP 155 FEDERAL S'T12 ET BOSTON,MASSACHUSETTS 02110-1727 THOMAS J.URBeLIS Telephone 617.338-2200 Andover Office E-MAIL:tJ [7.Ufb,C0n1 Telecopier 617-338-0122 Telephone 978-475-4552 April 14,2000 BY FACSIMILE COPT' Heidi Griffin Town Planner Town of North Andover 27 Charles Street North Andover,MA 01845 RE: 475 Dale Street Dear Heidi: You have asked for my written opinion regarding the result if the Planning Board decides to reissue the decision. The applicant and an abutter claim that they never received notice of the decision, as required by law. The Planning staff claims that it sent the notices, The applicant claims that unsent certified letters to the applicant and abutters are in the Department's files,and the staff claims that the proper notices were sent by regular mail. The applicant and abutter claim prejudice because the time for appeal after recording of the decision in the Town Clerk's office has passed. If the Planning Board does not reissue the decision,the applicant(and presumably the abutter)might file suit challenging the decision,and claim that the Planning Board is estopped from asserting as a defense the failure to timely file a lawsuit because the applicant allegedly did not receive timely notice of the decision. That issue would be determined by the factual findings made by a court. If the decision is reissued (assuming the applicant executes a written request for an extension of time for the Board to act and waiving any claim of constructive approval and it is filed with the Town Clerk)the applicant or someone else might file suit on the merits of the decision within the statutory period for the reissued decision. s.1wp;I1W01k1i1-OUgOVCIcOfrc3p\gdlTndatllr,doe APR 14 '00 02:26PN URBELIS FIELDSTEEL BAILIN LLP P.3 URBELIS, FIELDSTEEL&BAILIN,LLP April 14, 2000 Page 2 Please call if you have any questions on this, Very truly yours, Thomas J. elis UU:Iss cc: Terri Ackerman(by fax) Board of Selectmen APP-04-2000 11:20 HATEM and MAHONEY 978 682 1712 P.01/01 LAW OFFICES 187 TURNPIKE STREET NORTH ANDOVER,MASSACHUSETTS 01845-5005 VICTOR L. HATEM (978) 685-3368 ALSO ADMITTED IN N.H. FAX: (978) 662.-1712 JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. JOHN E. MAHONEY 13Y FAX: (978) E88-9542 April 4, 2000 RECEIVED Heidi Griffin, Town Planner APR 4 2004 27 Charles Street North Andover, Massachusetts 01845 PLANNING NG APARTMENT Re: 475 Dale Street/Lot 1 --Coventry Estates Dear Ms. Griffin: I have received a copy of the"Public Hearing Notice--North Andover Planning Board" under M.G.L. Chapter 40A, Section 9, concerning a"...re-issue of the decision originally made by the Planning Board on November 16, 1999 for the property located at 475 Dale Street requesting a special permit..." Please consider this letter to be the applicant's further written consent to an extension of time within which the Planning Board has to act in accordance with the statute and bylaws under this Public Notice and any earlier Public Notices and public hearings and has to file its decision with the Town Clerk of the Town of North Andover to and including Friday,April 21,2000 at 5:00 P.M. Should you have any questions,please do not hesitate to call. Sincerely, Pet em, as a o y for the October Lane Trust PLH:p H:1G20801Ltr to Heidi Griffin 04-04.00,doc TOTAL P.01 LAW OFFICES GW� e��y(/� 127 TURNPIKE STREET NORTH ANDOVER, MASSACHUSETTS 01845-5095 VICTOR L. HATEM (978) 685-3368 ALSO ADMITTED IN N.H. FAX: (978) 682-1712 JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. JOHN E. MAHONEY BY FAX: (978) 688-9542 April 4, 2000 Heidi Griffin, Town Planner R E C V E 1011 27 Charles Street North Andover, Massachusetts 01845 APR 6 2000 Re: 475 Dale Street/Lot 1 -- Coventry Estates NORTH ANDOW(-E PLANNING Dear Ms. Griffin: I have received a copy of the "Public Hearing Notice --North Andover Planning Board" under M.G.L. Chapter 40A, Section 9, concerning a"...re-issue of the decision originally made by the Planning Board on November 16, 1999 for the property located at 475 Dale Street requesting a special permit..." Please consider this letter to be the applicant's further written consent to an extension of time within which the Planning Board has to act in accordance with the statute and bylaws under this Public Notice and any earlier Public Notices and public hearings and has to file its decision with the Town Clerk of the Town of North Andover to and including Friday,April 21, 2000 at 5:00 p.m. Should you have any questions, please do not hesitate to call. Sincerely, Peter atem, as at orney_. for the October Lane Trust PLH:p H:\G2080\Ltr to Heidi Griffin 04-04-OO.doe Town of North Andover „ORTH OFFICE OF ��Oyc'c`�o e.a�OL COMMUNITY DEVELOPMENT AND SERVICES ° . 27 Charles Street North Andover, Massachusetts 01845 s 9°°�,,,o.•a'`�5 ,LIAM J.SCOTT 9SSACHUS�s Director (978)688-9531 Fax (978) 688-9542 :FAX TRANSMISSION DATE: q 2I- 2MO TIME: Q , ,30 arn- # OF PAGES: �I INCLUDING COVER PAGE TO: Pei-cc Hcc�ea-L- FROM: n ICI - D 1-non--r— SUBJECT`. . 7` C�Do,is � -r, BUILDING DEPT FAX #: 978-688-9542 SEND TO FAX #: U32- _ 17 12- REMARKS: Hew 15 d ec,-,sp- 1 4h al- ��5 +1 0,A r'r USAt1 l I anI ci +u a 6 +�c BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 H-'k 14 'UU vac;cbP19 UKBELIS FIELDSTEEL BAILIN LLP P.2 URBELIS,FIELDSTEEL&BAILIN,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 THomAs J.URBHLIS Telephone 617.338-2200 Andover Office E-MAIL:ti9aiUfb,-Co M Telecopier 617-338-0122 Telephone 978.475-4552 April 14,2000 BY FACS>tMILE COPY Heidi Griffin Town Planner Town of North Andover 27 Charles Street North.Andover,MA 01845 RE: 475 Dale Street Dear Heidi: You have asked for my written opinion regarding the result if the Planning Board decides to reissue the decision. The applicant and an abutter claim that they never received notice of the decision, as required by law. The Planning staff claims that it sent the notices. The applicant claims that unsent certified letters to the applicant and abutters are in the Department's files, and the staff claims that the proper notices were sent by regular mail. The applicant and abutter claim prejudice because the time for appeal after recording of the decision in the Town Cleric's office has passed. If the Planning Board does not reissue the decision,the applicant(and presumably the abutter)might file suit challenging the decision, and claim that the Planning Board is estopped from asserting as a defense the failure to timely file a lawsuit because the applicant allegedly did not receive timely notice of the decision. That issue would be determined by the factual findings made by a court. If the decision is reissued (assuming the applicant executes a written request for an extension of time for the Board to act and waiving any claim of constructive approval and it is filed with the Town Clerk) the applicant or someone else might file suit on the merits of the decision within the statutory period for the reissued decision. SAWPp ILwplk\ii-enQOVCVcorrcyplyflTndnlcllr,don HHK la UU UL;LbHN URBELIS FIELDSTEEL BHILIN LLP P.3 URBELIS, FIELDSTEEL&BAILIN, LLP April 14, 2000 Page 2 PIease call if you have any questions on this, Very truly yours, Thomas J. efts TJUass "" cc: Teri Ackerman(by fax) Board of Selectmen Town of North Andover F NORTH 1 OFFICE OF 3a t"'.0 �°L COMMUNITY DEVELOPMENT AND SERVICES 0 A 27 Charles Street North Andover, Massachusetts 01845 ��ssACHUStit�h WILLIAM J. SCOTT Director (978)688-9531 NOTICE OF DECISION Fax(978)688-9542 CD ..o L. Any appeal shall be filed °*C:)n,� within (20) days after the C=) :=� date of filing this Notice ��'�y� in the Office of the Town °o�°o Clerk. o rn Date November 24, 1999 Date of Hearing_ November 16, 1999 Ln Petition of Victor Hatem, Trustee of the October Lane Trust Premises affected 475 Dale Street Referring to the above petition for a Site Plan from the requirements of the Zoning Bylaws Section 4.133 and 10.3 _ so as to allow for the construction of a single fancily residence in the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to DENS' the Special Permit based upon the following conditions: Signed ��- CC: Director of Public Works Alison Lescarbeau. Chairman Building Inspector Natural Resource / Land Use Planner John Simons. Vice Chairman Health Sanitarian Assessors Alberto Angles. Cleric Police Chief ;Fire Chief Richard Nardella Applicant Engineer Richard S.Rowen Towns Outside Consultant File William Cunningham Interested Parties Planning Board BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover NtlRTM OFFICE OF ao 3 be •� 0L COMMUNITY DEVELOPMENT SERVICES p 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT psSAcmus�� Director (978)688-9531 Fax (978)688-9542 ,FAX TRANSMISSION DATE: .. _ . .. u" ,�"�",��� ;� TIME: 10 � /0 �;,r° j, # of PAGES: INCLUDING COVER PAGE TO: t FROM: ..�.m .. C : � � ...... SUBJECT: Ll 75 [- cx� 11- BUILDING DEPT FAX #: 978-688-9542 SEND TO FAX #: 3 3�61 REMARKS: �.-6 i . Ww._ .. : .°. (if2l CA, BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Ul.T-14-1999 12 50 r1H I Ell ana 1.1HHONtY y rb bd2 1'(12 h ,t72�I�3_ LAW OFFICES / o�ioL'J 127 TURNPIKE STREET NORTH ANDOVER, MASSACHUSETTS o184s-so95 VICTOR L. HATEM (978) 985-3368 ALSO ADMiTTEO IN N.H. FAX: (978) 682-1712 JOSEPH V. MAHONEY PETER L- HATEM . ALSO ADMITTED IN FLORIDA AND N.H. JOHN E. MAHONEY BY FAIL: (978)68 8-9542 October 14, 1999 Heidi Griffin, Town planner 27 Charles Street North Andover, Massachusetts 01845 Re: 475 Dale Street/Lot 1 --Coventry Estates Dear Ms. Griffin: Per our conversation this date, enclosed please find paragraph 3 of the original Coventry Estates approval. The patience, cooperation and assistance of your office and the Board are greatly appreciated. Sincerely, P et F attorney or the October Lane Trust PLH:p H:1G20801L.tr to Heidi Griffin 10-14-99.doc OCT-14-1999 12:50 HATEM and MAHONEY 978 Get 1712 P.03%03 .. - :� S1cCCiViwL1 .y Yfs' ti K NORTM AhOOVE°R 'EMBER 16, 1985 DEC 19 l u5 • .nditional Approval 3ventry Estates eefiniti.ve SubdiviniOn DEFINITIONS SECTION Developer: shall mean Coventry Development Corporation, 3.00 Lindbergh Avenue, Methuen, Ma and its successors . The Board: shall mean.' the planning Board of the gown of North Andover, Ma. The Rules: shall mean the Rules and Regulations Governing the Subdivision of Land P North Andover , MA. issued by •said Board and as amended through this date- The Plan: shall mean sheets one . through four. , grading plan sheets l-4, plan & profile sheets 1-9 of the Definitive Plan of "'Coventry Estates" prepared by Beta International, Inc. , dated July 1985 revised November i3, 1. The pending Notice of Intent presently before, the North Andover Conservation Commission shall be the determining factor regarding restrictions on wetland work within the subdivision. The applicant shall be governed by the Commission under M.G.L. Chapter 131 ® Wetlands Protection Act, and the local Conservation Commission's local regulations . Any changes required may be cause for reconsideration of the subdivision. under M.G.L. Chapter 41 . 2. If the Conservation Commission institutes, or recommends any changes to the approved definitive plan, the applicant shall ; submit all information to the Board for review of any major revisions which may be considered for modification under Chap.41 . 3. In accordance with the Conservation Commission's comments and m orandum dated December 10, 1985: that •the portion of the subdivision fronting oq Dale Street, speoif-icalty hots 1 through 5 that is within 100 feet of the wetland tributary, may have restrictions imposed rendering these .ti lot�s. unbuildable. These lots will not be released from the rest-rictive covenant until the ti-me in which all permits have been approved. Copies of all approvals and plans shall be submitted to Board for approval . Due to steep slopes on lots 17 through 30, both temporary and permanent erosion control and stabilization measures shall be E imp.temented during and after construction. Mitigating plans stipulating erosion control shall, be submitted for approval . i 4. The Planning Board will. require a bond in the amount of $126,000 or $3 ,000 per lot to cover erosion control measures during construction. If the erosion measures are deemed inadequate to j TOTAL P.03 Planning Board Meeting Department of Public Works January 5, 1999 Members Present: Richard S. Rowen, Chairman, Joseph V. Mahoney were present. John Simons, Clerk arrived at 7:15 p.m. Richard Nardella arrived at 8:10 p.m. Kathleen Bradley Colwell, Town Planner was also present. Alison Lescarbeau, Vice Chairman and Alberto Angles, Associate Member were absent. Minutes: - On a motion by Mr.Nardella, seconded by Mr. Simons,the Board voted unanimously to approve the minutes for December 15, 1998 as amended. Discussion: Consultant for roadway construction inspections - update Ms. Colwell stated that she and Jim Rand have been working on putting together and RFP for an inspector. Ms. Colwell stated that as soon as the RFP is completed it will go out for bid. Ms. Colwell stated that this will be up and running by February. Bill Barrett asked why the Board was looking for an inspector. Mr. Rowen stated that D.P.W.just doesn't have the staff to do the inspections. Bill Barrett asked if there was something in the regulations stating that the Town could do this. Mr. Rowen stated that it was in the regulations. Mr. Rowen stated that it is to make the not so careful developers pay attention. Mr. Mahoney asked what section in the regulations this is in. Ms. Colwell stated that it was in the fee regulations. Bill Barrett stated that the problem is that once the subdivision plans are complete then they proceed to do the septic plans and things get switched around to fit the septic system in. Mr. Rowen stated that the idea is not to make the developer spend more money. Bill Barrett stated that this may or may not solve the problems. Boston Hill - proposed development Bill Barrett and Ken Grandstaff were present representing Boston Ski Hill. Mr. Barrett stated that they are before the Board tonight to get a recommendation from the Planning Board to get a variance from a portion of Section 8.7 (6)(e) of the Growth Management Bylaw. The Board went over the number of units and the percentage of open space with the applicants. The Board agreed to give Mr. Barrett a favorable recommendation to the Zoning Board of Appeals as long as he brings in a plan showing the 50% of open space. Bonds: North Andover Estates/Heights - update Bruce Pitts of Toll Brothers was present representing North Andover Estates and North Andover Heights. Mr. Pitts stated that he has been working Ms. Colwell and Mr. Howard very hard. Mr. Pitts stated that they feel that they have come along way and have resolved a number of wetland issues. Mr. Pitts stated that they have been meeting with the homeowners and are trying to make everyone happy. Mr. Pitts stated that Toll Brothers will pay two years for the maintenance of the entrance way. Ms. Colwell stated that she needs the proposed cut lines on the plan and the cut lines that has already been cut added to the plan. Ms. Colwell stated that she spoke to Mike Howard before the meeting and he does not want the entrance way to be cut. Mr. Pitts stated that he will set up a meeting with Mr. Howard and the homeowners so they can reach a compromise. Diane Zientarski 34 Wildrose Drive, stated that a year ago they had a meeting regarding the wall with Ms. Colwell, Bill Scott and Mike Howard and everyone was in favor of the wall being maintained. Mr. Rowen stated that once the land is turned over to the Town the Planning Board has no say. Howard Herbst 22 Ridgeway, stated that they have been trying to work with the Boards to get this taken care of and just when we think we've come to an agreement this Board tells us that we have to go speak to Mike Howard. Mr. Rowen stated that he is sorry that they are getting the answers that they are getting, but Conservation is going to own it. Ms. Colwell stated that we're not saying that the wall has to come down, but the whole intent was to have it maintained. Kathy Herbst 22 Ridgeway,had concerns of the lighting at the sign. Mr. Pitts stated that the lights have been shut off. Todd Smith, had concerns with the sidewalk being ripped up. Mr. Pitts stated that they have asked Mr. Joyce to repair the streets since he was the one who dug them up. Mr. Rowen stated that before the road is accepted the road has to be completed. Ms. Colwell read the bond release recommendation from D.P.W. On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board voted unanimously to release $35,000 and retain$160,000 for North Andover Estates. On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board voted unanimously to release $82,600 and retain$37,975 for North Andover Heights. 701 Salem Street - update The applicant was not present to speak on behalf of 701 Salem Street. Ms. Colwell recommended that it be continued until the January 19, 1999 meeting. Public Hearings (7:30 p.m.) : Lot B-1 Great Pond Road - watershed special permit Thomas Caffrey of Caffrey and Caffrey and Chris Huntress of Geller Associates were present representing Lot B-1 Great Pond Road. Mr. Caffrey stated that they accepted the Boards recommendations and have come up with a plan showing one lot. Mr. Caffrey stated that this is a four acre parcel. Mr. Caffrey stated that the driveway is in the same location and is in an area that has the least impact on the wetlands. Mr. Caffrey stated that they are aware that this will not be approved unless this house hooks up to sewer. Mr. Caffrey stated that they would like to close the Public Hearing tonight with a guarantee that the test pits will be completed. Chris Huntress of Geller Associates, stated that with the Boards request we went down to one lot instead of two lots. Mr. Huntress stated that they have gotten a Form-A approval and a modification from ConCom. Mr. Huntress stated that the test pits are not for a septic system they are for the roof runoff. Mr.Nardella asked what the steepest grade is on the driveway. Mr. Huntress stated that the driveways steepest grade on the driveway is a 5% grade and the width of the it is 12'. Mr. Mahoney asked how far away from the Butcher Boy pump station is this. Mr. Huntress stated that it is about 500'. Ms. Colwell asked if they could move the driveway outside the 75' Conservation Zone. Mr. Huntress stated that it would involve more grading and add steepness of the driveway. Ms. Colwell stated that any work within the Conservation Zone requires a variance and they have received one. Mr. Simons asked to see what the extent of the tree cutting line would be. Mr. Huntress showed the Board the tree cutting line on the plan. Ms. Colwell stated that she is not comfortable closing the Public Hearing without having the test pits done. Mr. Rowen asked the Mr. Huntress when they could get out there and do the test pits. Mr. Huntress stated that they could get out there within a couple of weeks. Mr. Nardella stated that this is a much better plan. Ms. Colwell asked if Mr. Huntress could write a paragraph stating why the driveway is in the best location. Continued until the January 19, 1999 meeting. 492 Salem Street - frontage lot John Smolak of Peabody&Arnold and Joe Pelich of Cyrus Construction were present representing 492 Salem Street. Mr. Smolak stated that the applicant came before the Planning Board last month informally and showed the Board two proposals. One proposal was five lots with a road and another with 4 Form-A lots. Mr. Smolak stated that the 4 lots was less impact. Mr. Smolak stated that Lot D needs a frontage exception for 12.3'. Mr. Smolak stated that the frontage exception will not have any detrimental damage to the neighborhood. Mr. Smolak stated that there is no impact to traffic and they have adequate access. Paul Proulx of Salem Street, stated that he had concerns with the culvert on his property. Mr. Pelich stated that they had dug up the pipe and it had been crushed so they filled it up with stone so that the water would naturally flow out. Paul Proulx stated that he does not have a problem with what the developer does, it's what the people do after they move in. Mr. Smolak stated that we can't solve your problems, but we can alleviate a problem. Joe Cataldo of 518 Salem Street, asked if all the homes will be facing Salem Street. Mr. Pelich stated that they would be. Joe Cataldo asked if they will have to bring in fill for Lot D. Mr. Pelich stated that it would be very minimal. Michael Egan of 22 Bannan Drive, questioned the rule for allowing a frontage exception lot. Mr. Rowen went over the rules for approving a frontage exception lot. Ms. Colwell stated that the alternative to this plan was a subdivision. Michael Egan, stated that when he bought his home his lawyer told him that this land could never be built upon. Mr. Pelich stated that out of courtesy we will put a screening of trees for you. On a motion by Mr. Simons, seconded by Mr. Nardella, the Board voted unanimously to close the Public Hearing. Ms. Colwell stated that we will have a restrictive document so that Lot A will not be built on in the back. On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board voted unanimously to approve the decision as written. 1 Clark Street (formerly Borden Chemical) - site plan review Brad Mezquita and Greg Mikolaities of Appledore Engineering were present representing 1 Clark Street. Mr. Mikolaities stated that the existing buildings footprint is 186,000 SF. The area consists of 20.97 acres. Mr. Mikolaities stated that the project entails to demolish the 74,000 SF of the building and then build back 56,600 SF. 112,000 SF will be left alone. Mr. Mikolaities stated that there is annex building which is 8,100 SF which will be converted into a warehouse. Mr. Mikolaities stated that they will be cleaning up Clark Street. Mr. Mikolaities stated that the silos will be demolished and multiple power lines will be cleaned up going into the site. Mr. Mikolaities stated that they will be putting 100 trees and shrubs on the property. They will be providing loading docks and they will be supplying 404 parking spaces. Mr. Mikolaities stated that they would like to construct everything on the east side and then start on the other side. Mr. Mikolaities stated that he spoke to John Chessia today and they will be addressing his comments. Mr. Rowen asked if there was any hazardous waste on the site. Mr. Mezquita stated that they have removed everything and have met DEP's requirements and everything has been tested. Mr. Nardella asked what they will be doing with the little building. Mr. Mikolaities stated that they will be making it a warehouse. Mr. Rowen asked what the big building looked like on the inside. Mr. Mezquita stated that it was an industrial building with open bays. Mr. Mezquita showed the Board a model of the inside of the building. Mr. Rowen asked how long the building has been vacant. Mr. Mikolaities stated that it has been vacant for about a year and a half. Ms. Colwell read what was allowed in that zoning district. Mr. Rowen asked if the best access to this site is from Rt. 495. Mr. Mezquita stated that it was. Mr. Mahoney asked for a site visit. Ms. Colwell stated that the traffic study showed that there will be less traffic since the last occupant. Ms. Colwell questioned the locations of the dumpsters. Mr. Mikolaities went over the locations of the dumpster on the plan. Mr. Nardella stated that it was a good plan and it cleans up the site. Ken Yameen of Butcher Boy stated that he would like to see the site cleaned up and would like a new neighbor. Ms. Colwell agreed that they have to great lengths to clean up the site. Site visit January 16, 1999 @8:00 a.m. Continued until the February 2, 1999 meeting. 475 Dale Street (Coventry) - watershed special permit The applicant requested a continuance until the January 19, 1999 meeting. Decisions: 492 Salem Street - frontage exception lot On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board voted unanimously to approve 492 Salem Street frontage exception decision as written. Adjournment: On a motion by Mr. Nardella, seconded by Mr. Simons, the Board voted unanimously to adjourn. The meeting adjourned at 10:00 p.m. Planning Board Meeting Department of Public Works September 21, 1999 Members Present: Alberto Angles, Clerk,Richard R( iam, Associate Member were present. j John Simons, Vice Chairman arriv 5'�))OWS was also present. (AP Ce Minutes: lously to On a motion by Mr. Rowen seconi approve the minutes for September Discussion: Update from CoMmpniLty Development Director—Foxwood Estates William Scott passed out a memo regarding Foxwood Development dated 9-21-99. Mr. Scott met with the residents on 6-21-99. Mr. Scott requested that the developer submit funds for a third party engineering review. Mr. Scott stated that they have not had an environmental monitor provide the required reports to the Planning Department for the past six months. Mr. Scott stated that VHB would be conducting the third party review. Mr. Scott read over the issues that the residents had concerns with in accordance with his memorandum dated 9-21-99. Mr. Scott stated that there is a 9% slope with no street lights and that is a hazardous situation, particularly public safety access. Mr. Rowen stated that he has an 8% slope on his street with no street lights and there hasn't been a single accident there. Mr. Nardella stated that the Planning Board did not require street lights because they didn't want the town to pay for the electricity. Mr. Scott stated that the Board should require that the developer file a modification to clarify this issue . Mr. Scott stated that the developer only began submitting environmental monitoring reports until they were looking for street acceptances. Mr. Scott went over the street tree issue. Mr. Nardella stated that some residents don't want the trees were they are supposed to go. Mr. Scott went over the slope issues with the Board. Mr. Scott stated that the developer will work with D.P.W. and then will proceed to do a hydrology report. Mr. Scott stated that he would like to have the Board authorize that $6,000 be taken from their bond to pay for the consultant to review the subdivision. Mr. Scott stated that he has made a commitment to the homeowners to give them a monthly update on the subdivision. Mr. Rowen questioned that letter regarding the sprinklers in the subdivision. Mr. Rowen stated that when we receive a letter from the Fire Department stating that they are all set we are assuming everything is okay. Mr. Nardella stated 1 that we are holding $66,000 for this subdivision. Ms. Lescarbeau stated that we have no right to hold all this money, we need to release the amount for what is complete. Ms. Lescarbeau stated that Mr. Scott should investigate what issues we are holding bond monies for, and if monies are being held by items that are complete, the Planning Board should release that money upon a request by the developer. On a motion by Mr.Nardella, seconded by Mr. Rowen the Board voted unanimously to release a sum approximately $6,000 to be used by the Planning Director to accomplish the scope in the letter dated 6-21-99. NESWC Update Mr. Scott went over the truck routes for MRI. Mr.Nardella asked what would happen if we rescinded the permit because they didn't follow the decision. Mr. Scott stated that they have rescinded their preliminary building permits. Mr. Angles asked if they were acting under a court order to have the plant complete. Mr. Scott stated that their decision expires two years from the decision. Update on Subdivision Audit Ms. Griffin stated that upon completion of the subdivision audit she performed inspections of the subdivisions in Town and discovered that Pinewood,Evergreen Estates and Jared IV Subdivisions had some safety issues. Ms. Griffin requested permission from the Planning Board to write a letter to the developers to tell them they need to fix these problems and give them thirty days to do so or bond monies will be pulled(by a proper vote of the Planning Board) to allow the Town to rectify these violations. The Board agreed with Ms. Griffin, and instructed her to send the letters to the developers of these subdivisions. Lots 4 & 5 Flagship Drive Greg Weich of Channel Builders stated that they have an approved site plan for this property-dated 4/98. Mr. Weich showed the Board the plans. Mr. Weich stated that they have an electronic assembly business moving into the building. Mr. Weich stated that there are very little truck deliveries so they removed the rear drive and the impervious area is less. Mr. Weich stated that the Fire Department would have access from the front. The Board went over the plans. Mr. Nardella asked if everything else was inconformance. Mr. Weich stated that the height and the SF are less and there is the same number of parking spaces. Mr.Nardella asked when this would be going to construction. Mr. Simons stated that we've done the modification review but if you didn't want to start now I would say we need a Public Hearing but since you want to start go ahead. Mr. Rowen asked where they are going to put the snow in the winter. Ms. Griffin stated that she would sign off the plans when a snow removal plan comes in. Ms. Griffin suggested that they add to their plans comment numbers 2 & 3 from the Fire Department. 2 On a motion by Mr. Rowen, seconded by Mr. Simons,the Board voted unanimously to approve the minor modification for Lots 4 & 5 Flagship Drive. Campbell Forest-Discussion Elmer Pease and Ken Grandstaff were present to represent Campbell Forest. Mr. Pease went over the plans with the Board. They are before the Board to go over the plans before they file. They need to file two types of special permits, for common drives and access other than over legal frontage. Mr. Pease stated that they would be making a new road so they will also need to file subdivision. Mr. Nardella stated that we worked hard on Campbell Forest and this works from a traffic stand point. The Board felt that the plans looked acceptable. Endorse Plans: 33 Walker Road—site plan review Ms. Griffin stated that she recommended that the Board endorse the plans for 33 Walker Road, and that all items needed for prior to endorsement have been completed. The Board endorsed the plans for 33 Walker Road. Bond Release: Brookview Estates—bond release Tim Willett, D.P.W. sent a letter recommending the Planning Board release $53,400.00 and retain$40,800.00 for Brookview Estates. Mr. Willett also recommends a donation to the sidewalk fund of$15,000.00 for Brookview Estates. The Board went over the letter and spreadsheet from Mr. Willett and did not think that the amounts were correct for the sidewalk fund. The Board did not want to accept a check from the applicant until they received a correct amount from Mr. Willett. On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted unanimously to release $37,600.00 and not donate any sum to the sidewalk fund until we get a correct letter from Tim Willett at the D.P.W. Cobblestone Crossing,—bond release Tim Willett, D.P.W. sent a letter recommending the Planning Board release $6,600.00 and retain$11,900.00 for Cobblestone Crossing. On a motion by Mr. Rowen, seconded by Mr. Angles,the Board voted unanimously to release $6,600.00 and retain$11,900.00 for Cobblestone Crossing. Salem Forest IV—bond establishment Tim Willett, D.P.W. sent a letter recommending the Planning Board set the roadway bond at $80,700.00. On a motion by Mr.Nardella, seconded by Ms. Lescarbeau,the Board voted unanimously to set the roadway bond for Salem Forest IV at $80,700.00. 3 Public Hearings (7:30 p.m.): Forestview Estates—modification Mark Gross of MHF Designs was present to represent Mesiti Development. Mr. Gross stated that they are looking to relocate the pump station that was originally on Rt.114 into the subdivision. Mr. Gross stated that they would be losing one lot. Mr. Gross stated that they have submitted the plans to Jim Rand at the D.P.W. and he had concerns with the screening and they are more than happy to address these concerns. Mr. Nardella asked why the tanks need to be underground. Dick Pelletier of Mesiti Development stated that above ground tanks are not allowed per Bob Nicetta. Mr. Rowen asked if they could bring the screening around the side of Rt.114. Mr. Angles asked what is going on the property where the pump station was. Mr. Gross stated nothing. Mr. Rowen stated that he thinks that house changes require a modification. Mr. Rowen stated that his concerns are that the homes we approved were 2200 SF and this look bigger. On a motion by Mr. Nardella, seconded by Mr. Simons, the Board voted unanimously to approve the minor modification to allow the pump station per Jim Rand's letter dated 9-21-99 with additional screening to be relocated from Rt. 114 onto Lot 2 and drop the number of homes by one. 69 South Bradford Street—watershed special permit Julie Parino of Hancock Engineering was present to represent the homeowners for 69 S. Bradford Street. Ms. Parino stated that the applicants would like to add on a deck. Mr. Rowen stated that he would rather not make a mountain out of a molehill because the area was already disturbed from the footings for the house. Mr. Simons stated that we need to restrict them from enclosing the deck unless they come back before the Board. Ms. Lescarbeau stated that this is only for a deck anything in addition would teed additional permitting. On a motion by Mr. Simons, seconded by Mr. Angles, the Board voted unanimously to close the Public Hearing. Continued: 492 Sutton Street (Campbell)—site plan review Ms. Lescarbeau stated that the Board did receive a memo from Andy Melanikas at the Fire Department dated 9-16-99 stating that the building did not require sprinklers due to the fact it was under the required square footage. On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted unanimously to close the Public Hearing. 475 Dale Street—watershed special permit The applicant requested a continuance until the October 5, 1999 meeting. 4 492 Sutton Street (storage facility)—site plan review Phil Christiansen and Domenic Scalise were present to represent 492 Sutton Street (storage facility). Mr. Christiansen went over the plans that the Board asked him to re- do. Ms. Lescarbeau asked if they could access the property from Methuen Avenue. Mr. Christiansen stated no, because there is a fence around it for the security of the airport. The Board went over the Plans showing the buildings facing the opposite way. Mr. Simons stated that the problem with this is that they are trying to put to large buildings on the site. The Board went over different ways of proportioning the buildings with the applicant. Ms. Lescarbeau asked what the number of units there are for these buildings. Attorney Scalise stated that there are about 350—357 units. Mr. Nardella asked what ideas do you have to make this new plan have economic value. Mr. Simons stated that it appears as if the applicant is simply proposing buildings that are too large to fit on the site. Mr. Simons also expressed concern over the architectural style of the buildings and stated he was displeased that buildings with such visibility to Sutton Street could not be rendered in a more aesthetically pleasing fashion. The concensus of the Board relative to the different proposals for this site was that it appeared that the applicant would lose approximately 5,000 square feet from what they were originally proposing in order for the site to be approved. The Board told the applicant to go over the Boards recommendations and then come back because they believe they are closer to a decision. Ms. Lescareabu stated that she appreciates their efforts. The Board agreed to put this applicant first on the agenda. Continued until the October 5, 1999 meeting. Decisions: 492 Sutton Street (Campbell)—site plan review On a motion by Mr. Angles, seconded by Mr. Nardella, the board votenl unanimously to approve the Site Plan Review Special Permit for 492 Sutton Street (Campbell) as written. A,d* _ ent: On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted unanimously to adjourn. The meeting adjourned at 10:00 p.m. 5 OCT-14-1999 12:50 HATEM and MAHONEY 978 682 1712 P.02!03 LAW OFFICES 127 TURNPIKE STREET NORTH ANDOVER, MASSACHUSETTS 01845-5995 VICTOR L. HATEM (978) 8BS-3365 ALSO ADMITTED IN N.H. FAX: (978) 6B2-171 2 JOSEPH V. MAHONEY PETER L- HATEM ALSO ADMITT@® IN FLORIDA AND N.M. JOHN E. MAHONEY BY FAX: (978)688-9542 October 14, 1999 Heidi Griffin, Town planner 27 Charles Street North Andover, Massachusetts 01845 Re: 475 Dale Street/Lot 1 --Coventry Estates Dear Ms. Griffin: Per our conversation this date, enclosed please find paragraph 3 of the original Coventry Estates approval. The patience, cooperation and assistance of your office and the Board are greatly appreciated. Sincerely, Pet attorney or the October Lane Trust PLH:p HdG20801Ltr to Heidi Griffin 10-14-99_doc 11/08/99 475 Dale Street Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Victor L. Hatem, Trustee of the October Lane Trust, 127 Turnpike Street,North Andover, MA 01842,December 4, 1998, requesting a Special Permit under Section 4.133 and 10.3 ofthe Zoning By-Law in effect on December 26, 1984 to construct a single family residence in the Watershed Protection District. FINDINGS OF FACT: Board makes the hi accordance with Section 4.133 of the Zoning Bylaw in effect on 12/26/84, the Planning Board finds: finding that the intent of the Bylaw,as well as its specific criteria,are met. Specifically the Planning 1, That as a result of the proposed construction in conjunction with other uses nearby,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases its findings on the following facts: a) The proposed dwelling will be connected to the Town sewer system; b) A covenant will be placed in the deed limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary to construct the structure and appurtenances; e) The proposed phosphorous loading will cause a 0.05% increase in the loading; and the loadings were modeled using a figure of 20,000 square feet, and are thus conservative in their results as the actual disturbance area is 6,500 square feet. 2. There is no reasonable alternative location outside the No Construction Zone one hundred feet horizontally from the edge of the tributaries for any discharge, structure or activity, associated with the proposed project. in accordance with Section 10.31 of the North Andover Zoning Bylaw,the Planning Board makes the following findings: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the lot is located in a residential zone; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. 1 11/08/99 Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions: SPECIAL CONDITIONS: 1) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Site Plan of Land in North Andover,MA Drawn for Attorney Peter Hatem 127 Turnpike Street North Andover,Massachusetts 01845 Prepared by: Merrimack Engineering Services,Inc. 66 Park Street Andover,MA 01880 Scale: F)=20' Date: June 29, 1999 Sheet: 1 of 1 b) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 2) Prior to any work on site: a) A performance guarantee of ten($10,000)dollars in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. d) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. e) All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division of Public Works. f) A construction phasing plan is required to be provided to the Town Planner prior to any construction commencing. 3) Foundation Plan:Immediately upon completion of the dwelling foundation and prior to further construction activities associated with the site,the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts the foundation location and its proximity to wetland 2 11/08/99 resource areas as shown on the approved Site Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met. 4) Prior to verification of a Certificate of Occupancy: a) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction, a copy of the deed shall be submitted to the Town Planner and included in the file. b) No dumping oftrash,rubbish,garbage,wood stumps,peat,junk, or other waste materials shall occur on this property.The applicant shall incorporate this condition as a deed restriction, a copy of the deed shall be submitted to the Town Planner and included in the file. c) The structure must contain a residential sprinkler system in conformance with the North Andover Fire Department approved design. 5) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including sewer lines, storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6) In no instance shall the applicant's proposed construction be allowed to further impact the site than as proposed on the plan referenced in Condition#1. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 10) This permit shall be deemed to have lapsed after a two-(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced. cc. Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Officer 3 11/08/99 Fire Chief Applicant Engineer File 475 Dale Street -Watershed 4 URBELIS, FIELDSTEEL&BAILIN, LLP 155 FEDERAL.STREET Andover Office BOSTON MASSACHUSETTS 02110-1727 26 Chestnut Street Andover,MA 01810-3600 Telephone 978-475-4552 THOMAS J.URBELIS Telephone 617-338-2200 Please Send Correspondence p E-MAIL:tju(c�ufb.com Teleco ier 617-338-0122 To Boston Address December 21, 1998 ; Planning Board .1 North Andover Town Hall 27 Charles Street North Andover, MA 01845 Re: 475 Dale Street Lot 1 Dear Members of the Planning Board: We have reviewed various documents relating to the above lot. We understand that the owner has applied for a special permit to construct a single-family house in the Watershed Protection District. You have asked for our opinion regarding whether the Town's current Bylaw applies or the Bylaw in effect when the lot was approved as part of the Coventry Estates Subdivision in 1986. As you know, subdivision lots benefit from an 8 year zoning freeze from the date of the endorsement of the definitive subdivision plan (which we understand to be March 24, 1986). The zoning freeze for Lot 1 would, leaving aside the impact of pending litigation, have expired on March 24, 1994. Massachusetts General Law chapter 40A, §6 provides in relevant part that: "In the event that any lot shown on a plan endorsed by the planning board is the subject matter of any appeal or any litigation, the exemptive provisions of this section shall be extended for a period equal to that from the date of filing of said appeal or the commencement of litigation, whichever is earlier, to the date of final disposition thereof, provided final adjudication is in favor of the owner of said lot." While we do not have very much information regarding the Essex Superior Court matter (Civil Action No. 91-1522), that case appears to have involved a challenge by the owner of Lot 1 to certain actions by the North Andover Conservation Commission under the Bylaw. Although the case was dismissed as a result of a settlement and there is apparently disagreement as to whether that dismissal and settlement was"in favor of the owner of said lot" (see January 2, 1996 letter to the Planning Board from Joel Bard and February 6, 1996 letter from Attorney f:\wp51\work\n-andove\coaespiplanbd.ltr Planning Board December 21, 1998 Page Two Hatem to Mr. Bard), it is in our opinion not necessary to resolve that particular issue. This is because, at the same time as the suit in Essex Superior was filed, the owner also filed an appeal from the North Andover Conservation Commission decision on or about March 21, 1991 (we do not have any direct information as to this date and it should be checked with the Conservation Commission's records) with respect to a wetland application as to Lot 1 to the Massachusetts Department of Environmental Protection. In June of 1991 the DEP issued a superseding order of conditions, from which the Town appealed. That matter was finally settled in May of 1996 by a Settlement Agreement, signed by Attorney Kathleen Connolly of Kopelman and Paige, P.C. on behalf of the North Andover Conservation Commission, which specifically provided: "Further, in conformance with MGL-c. 40A section 6, this settlement and attached FOC renders a final adjudication of the above matter in favor of the owner of the lot..." (Emphasis added.) The specific reference to ch. 40A, §6 and the agreement by the Conservation Commission that the matter was in favor of the owner should be given significance especially in light of Attorney Hatem's letter dated February 6, 1996. In our opinion under the statute and case law, including Samson v. San-Land Development Corp., 17 Mass. App. Ct. 977 (1984) and Pasqualino v. Board of Appeals of Wareham, 14 Mass. App. Ct. 989 (1982), the owner of Lot 1 is entitled to an extension of the zoning freeze for the period of time represented by the appeal to DEP. The period is extended "if litigation, appeals or actions by municipal officials make the legality of the construction or plans questionable so as to impede work on or completion of the project." Pasqualino, 14 Mass. App. Ct. at 590. In our opinion, therefore, the owner is entitled to have his special permit application determined in accordance with the Bylaw in effect when the preliminary subdivision plan was submitted (provided it was followed by a definitive subdivision plan which evolved out of it within 7 months), or if no preliminary plan was submitted or if no definitive plan was filed within 7 months of the preliminary plan, when the definitive plan was submitted. As always, please feel free to call me if you have any questions or comments. Sincerely, TJU/saf Thomas J. r olis cc: Robert Halpin Kathleen Bradley Colwell Michael Howard f:\wp 51\work\n-and ove\corresp\p1mbd.i V 01-05-1999 09:25AM FROM HATEM & MAHONEY TO 6889542 P.01 LAW CJFFICF-9 j i c 1 ' i r tZ7 TLRWIKF STREET j NORTH ANCOVER MASSACHUSETTS 01945-5095 i i V1 ;�'HATEM ? t 97> +rise 3s38i d�a cwt ttii .W. j VAX: 979 692-1712I' ? p 1N;li A1HO i PET 4F1 6 db i01'd0 PA, 6te: bex 15; t99g From ( )Victor L.plat�Irl,E�q, i Jos h V.'Mahoney,�scl, l I inns: Am ( Peter L:Hate xl,Esq. ( )Sus"Riaeh i ( )Bridget Nurb t j X as� D 1i t th� l� llowittl,Pages To: I 1 F1I111� : a D i F : ! f HA e e se IC i g pages,incl lding this cover sheet. If you:db ot� s, F plCAse c 1 'ask itn od ately.'Thmik v Du- I umber: 97 6� -1712 Tel N ber: (978}6 5-'3368 Fai ldurn t r ' t Nr sf �p i3V THIS, A>k M AGE IS IN'TENIIiED:011LY FtlR 'Its PERSONAL ANIi coH TIAL usE 0�1tNE A VE IIECIPI 11®E INFO TK)N Y'bit AN ATTORNEY CI IENT�COMIMUN'10A AND!AS SUO VAIVl, 1�AND c QPdE1DENT rU'NI'IC 1F Tfi� . r ER OFTIHS M GE S NOT THE INTENDED RECIPIENT OR Ate{AGENT RESPt►NSlIILE if OR,D Li RING TU THE � TENT,YOU ARZ HER NOTIFIED THAT YOU 41AVE RECEIVED THIS NX..UMENT iN 191MOR LAND THAT �14Y'REVfB ISSEMI111A ; DfSTfRi13UTION.OR Of PING OF THIS MESSAGE IS Li HISIM. IF YOU hAYE,RMICIVED 1 THIS COM ':01 THE Tid` S;RbR,FLEAgE wonvV s;IMMEDiA'TELY BY TELEPHONE AND IkETURN THE ORIGIIdAL'MLS9pCE TO US I I BY M1AIL. LL GU RA T E6 POSTAGE..THANK Tj 01J lei®TES I ' TOTAL P.01 OCT-05-1999 15:15 HATEM and MAHONEY 97e ee2 1712 P.01/01 LAW OFFICES 67w��A�W8,2,/,A/6V07 .qy,�w 127 TURNPIKE STREET NORTH ANDOVER,MASSACHUSETTS 011343-5095 VICTOR L. NATEM FAX: (978) 682-1712 ALSO ADMITTED IN N.M. JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORI15A AND N-14. JOHN E. MAHONEY z7 . BY FAX: (978)688-9542 October 5, 1999 to 4 Heidi Chiffin, Town Planner 27 Charles Street North Andover, Massachusetts 01845 r5 Re: 475 Dale Street/Lot 1 --Coventry Estates co Dear Ms. Griffin: At the board's suggestion,I have retained Mr. Curtis R. Young of Wetlands Preservation, Inc., to review the above referenced Special Permit Application. In spite of Mr. Young's best efforts to complete his work prior to this meeting,with enough time for Coler and Colantonio to review,he has not been able to finish the work. As such, I would respectfully request that the Applicant's Special Permit Application be postponed to the Tuesday,October 19, 1999 Planning Board meeting. Please consider this letter to be the applicant's further written consent to an extension of time within which the Planning Board has to act in accordance with the statute and bylaws. Following your receipt of this letter,please call my office to confirm its receipt. The patience, cooperation and assistance of your office and the Board are greatly appreciated. Sincerely, eter L. Hatem, as attorney for the October Lane Trust PLfl:p H:\G2080\Ltr to Heidi Griffin 9-21-99.doc TOTAL P.01 JAN-29-1999 10:13 HATEM and MAHONEY 979 682 1712 P.01/01 LAW OFFICES 191 TURNPIKE STREET NORTH ANDOVER,MASSACHUSETTS 01843-5095 VICTOR L. HATEM ALSO ADMITTED IN N,H. FAX (978) SA2.1712 JOSEPH V. MAHONEY PETER L. HATEM 19 ALSO ADMITTED IN FLORIDA AND N.M. A JOHN E. MAHONEY �,3 ANNING V January 29, 1999 BY FAX,. (978)688-9542 Amy, Interim Town Planner 27 Charles Street North Andover, Massachusetts 01845 Re: 475 Dale Street Dear Amy: Because of pending engineering work,the applicant hereby requests that the hearing on its special permit application be postponed to the February 16, 1999 meeting. Your cooperation and assistance are greatly appreciated, Sincerely, Aeter L. I�Iatem,as attorney for the October Lane Trust PLH:p H:\G2080\Ltr to Ms.Colwell.0 1 1599.doo TOTAL P.01 FEB-16-1999 10:56 HATEM and MAHONEY 978 682 1?12 P.01%01 LAW OFFICES 127 TURNPIKE STREET NORTH ANDOVER,MASSACHUSETTS 01846°6093 VICTOR L. HATEM (976) 695-3368 ALSO ADMITTED IN N.H. FAX: (978) 682-1712 .JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. JOHN E. MAHONEY February 16, 1999 BY FAX: (978)688-9542 Array,Interim Town Planner 27 Charles Street North Andover, Massachusetts 01845 Re: 475 Dale Street Dear Amy: Because of pending engineering work,the applicant hereby requests that the hearing on its special permit application be postponed to the March 16, 1999 meeting. Your cooperation and assistance are r�eatl appreciated. Sincerely, a em,as attomey for the October Lane Trust PLH:p HAG2060\Ltr to Ms.W-01. TOTAL P.01 MAR-16-1999 11:00 HATEM and MAHONEY 978 682 1712 P.01/01 LAW OFFICES y 127 TURNPIKE STREET NORTH ANDOVER,MASSACHUSETTS 011345-5695 VICTOR L. HATEM (998) 685-3958 ALSO ADMITTED IN N.M. FAX: (998) 682-1712 JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. JOHN E. MAHONEY BY FAX: (978)688-9542 March 16, 1999 Amy, Interim Town Planner 27 Charles Street North Andover, Massachusetts 01845 Re: 475 Dale Street Dear Amy: Because of pending engineering work, the applicant hereby requests that the hearing on its special permit application be postponed to the April 20, 1999 meeting- We had expected to be able to accomplish the tests requested by Mr. Howard before this meeting;however, the good weather that we had in February did not hold and we need to wait. Please consider this letter to be the applicant's written consent to an extension of time for the time within which the Planning Board has to file its written decision with the Town Clerk's office until twenty-one days following the close of the public hearing. Following your receipt of this letter,please call. Your cooperation and assistance are greatly appreciated. Sincerely, atem, as attomey for the October Lane Trust PL,H:p H:\Q20801Ltr to Amy 3-16.99.doe TOTAL P.01 APR-20-1999 14:38 HATEM and MAHONEY 978 682 1712 P.01/01 LAW OFFICES 127 TURNPIKE STREET VICTOR L. HATEM NORTH ANDOVER, MASSACHUSETTS 0 1 843-sogS ALSO ADM 17TRo IN M.H. (97B) 685-3368 JOSEPH V. MAHONEY IrAX: (9713) 682-1712 PETER L. HATEM ALSO ADmmao IN FLORIDA ANO N.H. JOHN E. MAHONEY BY FAX: (978)688-9542 April 20, 1999 Heidi Griffin, Town Planner 27 Charles Street APP 1999 North Andover, Massachusetts 01845 10414 PtAftfiQf *1 r Re: 475 Dale Street Dear Ms. Griffim Because of pending engineering work, the applicant hereby requests that the hearing on its special permit application be postponed to the May 4, 1999 Planning Board meeting. We had expected to be able to accomplish the tests by now;however,the environmental design engineer who we had hired has a family issue that did not allow him time to complete the work in sufficient time. We have since retained a new engineer. Please consider this letter to be the applicant's written consent to an extension of time for the time within which the Planning Board has to file its written decision with the Town Clerk's office until twenty-one days following the close of the public hearing. Following your receipt of this letter,please call me. Your cooperation and assistance are greatly appreciated. Sincerely, 4e t e r atern,as a PL1f:p for the October Lane Trust H.\G20WUr to Heidi Griffin 4-20.99.d©e TOTAL P.01 LAW OFFICES RECEIVED MAY (y 127 TURNPIKE STREET MAY 1 0 1999 NORTH ANDOVER, MASSACHUSETTS 01845-5095 VICTOR L. HATEM NORTH AND ) 685-3368 PLANNING R_WffjgiF82-1712 ALSO ADMITTED IN N.H. JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. JOHN E. MAHONEY BY FAX: (978) 688-9542 May 4, 1999 Heidi Griffin, Town Planner 27 Charles Street North Andover,Massachusetts 01845 Re: 475 Dale Street Dear Ms. Griffin: j derstand from Amy that there is no Planning Board Meeting on May 4, 1999 due to the T wm eeting. such,I would respectfully request that the Applicant's Special Permit Application be postponed to the June 1, 1999 Planning Board meeting. I cannot make the May 18, 1999 meeting due to the fact that I will be out of town. Please consider this letter to be the applicant's further written consent to an extension of time for the time within which the Planning Board has to file its written decision with the Town Clerk's office until twenty-one days following the close of the public hearing. Following your receipt of this letter,please call me. Your cooperation and assistance are greatly appreciated. Sincerely, stem, as attorney for the October Lane Trust PLH:p H:\G2080\Ltr to Heidi Griffin 5-4-99.doc JUN-01-1999 09:18 HATEM and MAHONEY 978 682 1712 P.01r01 L.w OFFICES m9y 127 TURNPIKE STREET NORTH ANDOVER,MASSACHUSETTS Of 843-5095 (97a) 695-3368 VICTOR L. HATEM FAX: (978) 682-1712 ALSO ADMITTED IN N.H. JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMI'ffED IN FLORIDA AND N,H. RECEIVED JOHN E. MAHONEY JUN 0 1 199 NORTH ANDOVER BY FAX: (978) E89-9542 June 1, 1999 PLANNING DEPARTMENT Heidi Griffin,Town Planner 27 Charles Street North Andover,Massachusetts 01845 Re: 475 Dale Street Dear Ms. Griffin: The test pits that we discussed at our meeting on May 25, 1999 were dug on May 20, 1999,after some weeks of coordinating the test with a town official,who,the regulations require, must witness the test. Due to the press of other matters,my engineer indicated that he would not be able to complete the plan until after dune 1, 1999. As such, I would respectfully request that the Applicant's Special Permit Application be postponed to the June 15, 1999 Planning Board meeting. Please consider this letter to be the applicant's further written consent to an extension of time for the time within which the Planning Board has to file its written decision with the Town Clerk's office until twenty-one days following the close of the public hearing. Following your receipt of this letter,please call me. Your cooperation and assistance are greatly appreciated. Sincerel a s attorney for the October Lane Trust PLH:p H:\G2080\Ltrto Heidi Griffin 6-1-99.doo TOTAL P.01 JUN-12-1999 1036 HATEM and MAHONEY 978 682 1712 P.01'01 LAW OFFICES 127 TURNPIKE STREET NORTH ANDOVER,MASSACHUSETTS 01844-5095 VICTOR L. HATEM (976) 595-33613 ALSO ADMITTED IN N.H. FAX: (978) 562-1712 JOSEPH V. MAHONEY PETER L. HATEM RECEIVED ALSO ADMITTE15 IN FLORIDA AND N.W. JOHN E. MAHONEY JUN 1 41999 NORTH ANDOVER BY FAX-. (978)E88®9542 June 12, 1999 PLANNING DEPARTMENT Heidi Griffin,Town Planner 27 Charles Street North Andover,Massachusetts 01845 Re: 475 bale Street Dear Ms. Griffin: Due to the press of other matters,my engineer has not been able to complete the plan with sufficient time for Coler and Colantonio until after June 15, 1999. As such, l would respectfully request that the Applicant's Special Permit Application be postponed to the July 6, 1999 Planning Board meeting. Please consider this letter to be the applicant's further written consent to an extension of time for the time within which the Planning Board has to file its written decision with the Town Clerk's office until twenty-one days following the close of the public hearing. Following your receipt of this letter,please call me. Your cooperation and assistance are greatly appreciated. Sincerely, ter at ,as attorney for the October Lane Trust PLH:p H:\G1080\Ltrto Heidi Griffin 6-1-99.doc TOTAL P.01 11/23/99 475 Dale Street Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Victor L. Hatem, Trustee of the October Lane Trust, 127 Turnpike Street,North Andover, MA 01842, December 4, 1998, requesting a Special Permit under Section 4.133 and 10.3 of the Zoning By-Law in effect on December 26, 1984 to construct a single family residence in the Watershed Protection District. FINDINGS OF FACT: In accordance with Section 10.31 of the Zoning Bylaw in effect on 12/26/84,the Planning Board as the Special Permit Granting Authority shall not approve any application for a Special Permit unless it finds that in its judgment all of the following conditions are met:: 1. The specific site is an appropriate location for such a use,structure or condition; The Board finds that this specific site is not an appropriate location for the construction of a single family home and driveway as the home is located 49' from the edge of a tributary as defined in the 1984 Zoning Bylaw. There is also a tributary on the adjacent side of the proposed home located approximately 50' from the proposed home. The subdivision decision dated December 16, 1985 for Coventry Estates,which is the subdivision within this lot (lot#1)is located, states that"the portion of the subdivision fronting on Dale Street, specifically Lots 1 through 5 that is within 100 feet of the wetland tributary, may have restrictions imposed rendering these lots unbuildable". [Condition 43] This note signifies that the lot is one of which the Planning Board had concerns with back in 1985. 2. The use will not adversely affect the neighborhood; The Board finds that the use as developed will adversely affect the neighborhood. One of the primary sources of elevated suspended solids,nutrient, and bacteria concentrations in the Lake is the erosion of soils in areas of new construction. The construction proposed for this site is only 49' and approximately 50', respectively, from the edge of the tributary, a sufficient buffer has not been preserved to protect the tributary from the erosion of soil. The proposed site grading and construction of the lawns are even closer to the tributary than the house construction,the closest point on each side being approximately 31'and 27' from these tributaries. It is dubious that this erosion control and limit of work could be achieved without infringing upon the 25' no-cut buffer zone which is to be maintained from the edge of all tributaries in the watershed,mandated by Section 4.133(3)c of the 1984 Town of North Andover Zoning Bylaw. 3. There will be no nuisance or serious hazard to vehicles or pedestrians; The Board finds that the construction of the single family home would not provide a nuisance or serious hazard to vehicles or pedestrians; 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; The Board finds that adequate and appropriate facilities have not been provided for the proper operation of the proposed use. Sufficient information has not been provided demonstrating that the operation of the proposed use will properly protect the Watershed,due to the fact that there are tributaries on both sides of the proposed construction and that the proposed erosion control and limit of work are in such close proximity to the 25'no cut buffer zone. 1 11/23/99 5. The Special Permit Granting Authority shall not grant any Special Permit unless they make a specific finding that the use is in harmony with the general purpose and intent of this bylaw. The Planning Board finds that the use is not in harmony with the general purpose and intent of the North Andover Zoning Bylaw as all feasible steps to protect the Watershed have not been taken. CONCLUSION: The Planning Board finds that this project does not meet the above referenced conditions therefore the Board herein denies this request for a special permit. The following plan shall be deemed a part of this decision: a) Plan titled: Site Plan of Land in North Andover,MA Drawn for Attorney Peter flatem 127 Turnpike Street North Andover,Massachusetts 01845 Prepared by: Merrimack Engineering Services,Inc. 66 Park Street Andover,MA 01880 Scale: 1"=20' Date: June 29, 1999 Sheet: 1 of 1 2 JAN-15-1999 09:2e HATEM and MAHONEY 978 Ge2 1712 P.01%01 4AW OFFICE. 127 TURNPIKE STRUT NORTH ANDOVER,MASSACHUSETTS 01845-5095 VICTC)R L. HATEM (979)685-3368 ALAO AOMCTTBU IN N.N. FAX:(978)682-1712 JOCMPm V. MAHONey PETER L.HATEM AL60 ADMITTED IN FLORIDA AND N.H. January 15, 1999 Y FAX: (979)688®9542 Kathleen Colwell,Town Planner 27 Charles Street North Andover,Massachusetts 01845 Re:475 Dale Street Dear Ms. Colwell: Because of pending engineering work,the applicant hereby requests that the hearing on its special permit application be postponed to the February 2, 1999 meeting. Your cooperation and assistance are greatly appreciated. Sincerely, eter L.Fiatem, as attorney for the October Lane Trust PLH:p H:1G20801Ltrto Ms.Colwell,011599.doe TOTAL P.01 01-05-1999 09:27AM FROM HATEM r MAHONEY TO 6889542 P.01 tLAW OFFICES j ! I 127 TURNPIKE STREET NORTH ANDOVER,MASSACHUSETTS 01845 5095 i 3 � i r 1 ICtP iE...HATE ! - 978)685-3358 1. I i l A4 !46m Tff0 i N.�+. FAX:; 7$)682 1712 I IF wrm fL "ATEW A IAGIMITTED RL�i®A AEI # # . January 5, 1999 1 j!Iathle �#olwel�, own Planner I 27 Charles , tree 'North d er,M sachusetts 01845' e5 475 Do, Street Dear M &&well I el pf ending eng neeru g work,the applicant hereby requests;that the lteui g on Iits spe alermit a placation be'postpnned to the January 19, 1999 meeting. ' or coop ; ation and assistance are greatly appreciated. I 1 #' Sincerely, ( I Peter L.Hatem, as'attorney for the October Lane Trust PLH: ji I H:1G2080 At i 'Ms.Cokve .010599.doc 1 I i. i I I TOTAL P.01 JUL-06-1999 10:26 HATEM and MAHONEY 973 682 1712 P.01i01 LAW OFFICES 127 TURNPIKE STREET NORTH ANDOVER, MASSACHusETTB ola45-5098 VICTOR L, HATEM ALSO ADMITTED IN N.H. (97a) 685-3368 JOSEPH V. MAHONEY FAX- (97s) 632-1712 PETER L. HATgm ALSO ADMITTED IN FLORIDA AND N.I . JOHN E. MAHONEY By FAX: (978)655=9542 July 6, 1999 Heidi Griffin,Town Planner 27 Charles Street North Andover, Massachusetts 01545 1(li 1999 Re: 475 Dale Street Dear Ms. Griffin: PLANNING DEpq�VMeN r Please allow this letter to confirm my conversation with Amy of your office last week in which l indicated that I would be sending,via overnight mail, the revised plans and supporting documentation to the Town's reviewing engineer, John Chessia, Due to fact that he wi11 require two weeks to review the materials, I would respectfully request that the Applicant's Special Permit Application be postponed to the July 20, 1999 Planning Board meeting. I ant requesting this additional time so that the Town will have time to appoint a new member, to the end that the applicant will have a better chance of having the quorum necessary to hear this Special Permit application. Please consider this letter to be the applicant's further written consent to an extension of time within which the Planning Board has to act in accordance with the statute and bylaws, Following your receipt of this letter,please call my office to confirm its receipt. The patience, cooperation and assistance of your office and the Board are greatly appreciated. Sincerely, Peter L. Hatem, as attorney PLH,p for the October Lane Trust HAG208011-tr to Heidi Griffin 7.6-99.doc TOTAL P.01 URBELIS,FIELDSTEEL& BAILIN, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS J.URBELIS Telephone 617-338-2200 Andover Office E-MAIL:tluaufb.com Telecopier 617-338-0122 Telephone 978-475-4552 June 30, 2000 Heidi Griffin Town Planner Town of North Andover 27 Charles Street North Andover, MA 01845 RE: RE: 475 Dale Street/Lot 1 - Coventry Estates Victor Hatem v. North Andover Planning Board Land Court Misc.No. 263-918 Dear Heidi: Could you please send me copies of: (1) Minutes of the hearings on the special permit; (2) The 1984 Zoning Bylaw relating to this application; (3) All reports and correspondence from Coler & Colantonio, Inc. (4) All technical reports relied upon by the Board in making its decision. Very truly yours, Thomas J. elis TJU:Iss s:\Nvp5l\work\n-andove\475dalest\griffin6-30.ltr.doc LAW OFFICES Q G�TG� -9 127 TURNPIKE STREET NORTH ANDOVER, MASSACHUSETTS 01845-5095 (978) 685-3368 VICTOR L. HATEM FAX: (978) 682-1712 ALSO ADMITTED IN N.H. JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. JOHN E. MAHONEY BY FAX: (978) 688-9542 July 29, 1999 Heidi Griffin, Town Planner 27 Charles Street North Andover, Massachusetts 01845 Re: 475 Dale Street/Lot 1 --Coventry Estates Dear Ms. Griffin: Please allow this letter to confirm my conversation with Amy of your office last week in which she indicated that the application for a Special Permit concerning the above referenced lot could not be heard on Tuesday,July 20, 1999 since there was not a quorum necessary to hear Special Permits. As I indicated in that conversation,I cannot make the August 3, 1999 meeting since I will be out of town. As such, I would respectfully request that the Applicant's Special Permit Application be postponed to the Tuesday,August 17, 1999 Planning Board meeting. Please consider this letter to be the applicant's further written consent to an extension of time within which the Planning Board has to act in accordance with the statute and bylaws. Following your receipt of this letter, please call my office to confirm its receipt. The patience, cooperation and assistance of your office and the Board are greatly appreciated. Sincerely, 1 atem, as 5t3�- for the October Lane Trust PLH:p H:\G2080\Ltr to Heidi Griffin 7-29-99.doc SEP-21-1999 14:09 HATEM and MAHONEY 978 682 1712 P.01/01 LAW OFFICES 127 TURNPIKE STREET NORTH ANDOVER,MASSACHUSETTS o1845-5095 VICTOR L. HATEM (978) 6155-33613 ALSO ADIVIMED IN N.Fi. FAX: (970) 68217)2 JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. JOHN E. MAHONEY 13Y FAX. (978) 688-9542 September 22, 1999 Heidi Griffin, Town Planner 27 Charles Street North Andover,Massachusetts 01845 Re: 475 Dale Street/Lot 1 -®Coventry Estates Dear Ms. Griffin: At the board's suggestion, I have retained Mr.Curtis R.Young of Wetlands Preservation, Inc., to review the above referenced Special Permit Application. In spite of Mr. Young's best efforts to complete his work prior to this meeting,with enough time for Coler and Colantonio to review,he has not been able to finish the work. As such, I would respectfully request that the Applicant's Special Permit Application be postponed to the Tuesday,October 5, 1999 Planning Board meeting. Please consider this letter to be the applicant's further written consent to an extension of time within which the Planning Board has to act in accordance with the statute and bylaws. Following your receipt of this letter, please call my office to confirm its receipt. The patience, cooperation and assistance of your office and the Board are greatly appreciated. Sincerely, r , as attorney for the October Lane Trust PLH:p TOTAL P.01