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HomeMy WebLinkAboutCORRESPONDENCE pq M1 'r' M ,� quy .-u.�W,� _ 6,r �dti�mlY' � nnw C q a. el Town of North Andover QRT � OFFICE OF C®MMUNI'TY DEVELOPMENT AND SE 146 Main Street KENNETH R.MAHONY North Andover, Massachusetts 01845 9SSACHUSti� Director (508) 688-9533 April 6, 1995 Ms. Kathleen E. Connolly Kopleman & Paige, P.C. 101 Arch Street Boston, Massachusetts 0211.0-1137 RE: Lot I Dale Street (DEP#242-543) Dear Kathleen: Mr. Steven Stapinski, the plaintiffs consulting engineer for the above referenced case, appeared before the North Andover Conservation Commission at a public hearing on March 15, 1995 to propose a resolution to the outstanding issues. At that time, Mr, Stapinski proposed re-filing with a Request for Determination of Applicability with the attempt being made to meet our current setback requirements under the North Andover Wetlands ByLaw. Meaning he would attempt to re-design his project within the 25-foot "No-Cut Zone" and 50-foot "No-Build Zone" buffer zones. The NACC moved to executive session at the end of the hearing to discuss this matter. At that time it was agreed upon that further research was required by this Department as to the reasons behind the strict setback requirements for the Coventry Estates subdivision. A continuation until a later date was established. A discussion was initiated again last evening, Wednesday, April 5, 1995, at the NACC hearing. At this time the NACC unanimously approved the following: • Accept Mr. Stapinski's proposal to re-file under the guise of the current local and state wetland regulations (specifically, an attempt would be made to meet the 25' - "No-Cut" and 50' - "No-Build" zones.); • Re-file as a Notice of Intent rather than a Request for Determination of Applicability. This would allow for a re-delineation of the wetland resource area and subsequent approval from the NACC. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell S ro I spoke with Mr. Stapinski on April 6, 1995 regarding the Board's decision and he agreed that this was an acceptable approach in resolving this matter outside of litigation. He assured me that he would contact the applicant and legal counsel who would subsequently contact your firm with confirmation. If you have any questions or concerns regarding this matter please do not hesitate to contact this office. I look forward to working with you in resolving this matter. Sincerely, Michael D. Howard Natural Resource/Land Use Planner cc: Steve Stapinski,Merrimac Engineering Ken Mahoney,Director of Community Development&Services Kathleen Colwell,Town Planner NACC } pp Of KAREN H.P.NELSON Town of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682-6483 .ol .. °. BUILDING CONSERVATION °""8t DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT October 30, 1991 .October Lane Realty Trust Mr. Joseph V. Mahoney, Trustee 127 Turnpike Street North Andover, MA 01845 Re: Watershed Special Permit October Lane Realty Trust Lot 1, Dale Street Dear Mr. Mahoney, At a regularly scheduled meeting of the North Andover Planning Board, held on October 24 , 1991, the board voted unanimously to accept your withdrawal for the above referenced Watershed Special Permit application. This application was originally filed with the Town of North Andover on January 28 , 1991. As part of the motion to accept your request for withdrawal the Planning Board stated that should you choose to re-apply, all application fees associated with the Planning Board Special Permit would be waived. Sincerely, Christian C. Huntress Town Planner LAW OFFICES X� a"� 127 TURNPIKE STREET NORTH ANDOVER, MASSACHUSETTS 01845 VICTOR L. HATEM (508) 685-3368 ALSO ADMITTED IN N.H. FAX: (508) 682-1712 JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. October 24, 1991 Christian Huntress Town Planner Town Hall Main Street North Andover, Massachusetts 01845 Re: Lot 1, Dale Street (House #475) Dear Mr. Huntress: Please accept this letter as my request that the application for a special permit for the above-cited lot be withdrawn, without prejudice. Thank you for your consideration. Vey t u -, yours, )oe ph V. Ma honey stee of October Lane September 26, 1991 Christian C. Huntress Town Planner Town Hall 120 Main Street North Andover, Massachusetts 01845 Re: Lot 1, Dale Street (House #475) Dear Chris, The proposed plans for the above referenced property have not yet been revised to accommodate a house with a smaller footprint. As such, I would hereby request that the time limit for a decision by the Planning Board be extended to November 29, 1991. Sincerely, f t Jop CV Trustee of October La Trust LAW OFFICES X&ve� G7/IZv 127 TURNPIKE STREET NORTH ANDOVER, MASSACHUSETTS 01845 VICTOR L. HATEM (506) 665-3366 ALSO ADMITTED IN N.H. FAY.: (508) 662-1712 JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. August 27, 1991 Christian Huntress Town Planner Town Hall Main Street North Andover, Massachusetts 01845 Re: Lot 1, Dale Street (House #475) Dear Chris: As we discussed two weeks ago, the Applicant is considering putting a house with a smaller footprint on the abover referenced lot. As such, I would hereby request that the time limit for a decision by the Board be extended to September 30, 1991. Si cerew ,' Z4 . Mahoney T�izstee of October Lane 'rust NORTH KAREN H.P. NELSON Town of 120 Main Street, 01845 Director :*, NORTH ANDOVER (508) 682-6483 BUILDING �°scNUeE' DIVISION OF CONSERVATION PLANNING PLANNING & COMMUNITY DEVELOPMENT July 29 , 1991 Mr. Peter Hatem Hatem & Mahoney 127 Turnpike Street North Andover, MA 01845 Re: Lot 1, Dale Street - Special Permit October Lane Trust Dear Mr. Hatem; I would first like to thank you for attending the Planning Board hearing held July 23 , 1991. At that time a brief history of the lot and the approvals required for construction were reviewed by the Board. A summary of that history is as follows: This lot was originally part of the Definitive Subdivision entitled "Coventry Estates" which was approved by the Planning Board on December 19 , 1985. As such this lot is grandfathered under the 1984 Zoning Bylaw with regard to the Special Permit requirements for construction in the Watershed Protection District. In that 1985 conditional subdivision approval - the Planning Board made a direct reference to lots 1 through 5 in condition number 3 , that condition reads as follows: 3. In accordance with the Conservation Commission's comments and memorandum dated December 10, 1985: - that portions of the subdivision fronting on Dale Street, _. ._ specifically lots 1 through 5 that are within 100 feet of the wetland tributary, may have restrictions imposed rendering these los unbuildable. . . . -- -- - Through the Special Permit Application to the ---Planning Board, the applicant has currently proposed construction within 100 ' of two separate wetlands in the Watershed Protection- - --- District. The North Andover Conservation Commission (NACC)-: has restricted construction to 85 ' from any Bordering Vegetative Wetlands in or surrounding the property. Although the Department of Environmental Protection (DEP) has issued a superceding order of conditions which would allow for the construction as proposed, the matter is still undecided as the NACC has filed for an adjudicatory hearing. The Planning Board is specifically concerned with the proposed construction which is located approximately 30' from the edge of wetland tributaries to Lake Cochichewick. In a recent Special Permit application for lot 2A Dale Street, which is located adjacent to lot 1, and also within 100 ' of the same tributary, the Planning Board required that all construction remain at least 85 ' from the edge of wetlands. The board feels that to now allow construction 33 ' from the edge of the same wetland would be contrary the best interests of the- Town's drinking water supply. The Planning Board is requesting that you attempt to minimize the impact to the Town's drinking water supply and wetland tributaries by increasing the amount of buffer between the proposed construction and edge of wetlands. A brief review of literature available on the subject of buffer zones shows that upland buffers are not a new concept and much study has been done, and is now underway on this issue. Vegetated buffer zones are perhaps the most effective way to control nonpoint runoff. IEP Inc. recently prepared a document for the Narragansett Bay Project entitled Vegetated Buffer Strip Designation Method Guidance Manual that discusses this issue in detail and provides a very useful annotated bibliography as well. This and other sources, including some that will be cited here, have studied wetland systems and proposed buffers that are, in many cases, in excess of those imposed by the North Andover Conservation Commission. The IEP buffer zone study recommended a minimum of 25 ' buffer zone for any wetland. The wetland in question here is a tributary to our public drinking water. Such sensitive areas certainly demand additional protection. One document prepared by the Corps of Engineers generally recommends buffers measured in meters, not feet. These buffers range from 7m to 200m. Buffer zones can be a vital link in protecting water quality in many ways. This includes: Temperature - Shade and cover provided by riparian vegetation can moderate water temperature in small (low order-) --- streams. -- Sediments and Other Contaminants -- -- Buffer strips filter sediments and other contaminants (e.g. pesticides, heavy metals) from surface flow. Buffer strips also prevent erosion in riparian . areas and preclude development which could lead to increased contaminant loading. Nutrients (Nitrogen and Phosphorus) Buffer strips reduce nutrient inputs into streams by: 1) filtering sediment bound nutrients from surface flow, 2) removing nutrients from groundwater via uptake in vegetation and by denitrification, and 3) precluding development which could increase nutrient loading. Maintenance of Streamflow Buffer strips can store water and help maintain stream base flow (and water quality) during low flow periods. (U.S.A. Corps of Engineers, Buffer Strips for Riparian Zone Management, 1991) The Town of North Andover has gone to great lengths to protect our public drinking water supply. We have recently completed construction on a $19, 000, 000 Water Treatment Plant, upgraded our infrastructure and revised all applicable land use regulations. As part of this process a watershed management plan was developed in 1987 by IEP Inc. The following excerpt from that plan gives some indication as to the status of our water supply: "Water quality of the inlet streams is degraded compared to water quality in-lake. This demonstrates the importance of shoreline and cove areas in purifying water inflows. Pockets of accumulated sediment and proliferation of aquatic plants and algae in these areas are evidence of these processes. Given the present degraded quality of inflows, there is potential for in-lake water quality to deteriorate in the future even without a corresponding degradation of inflows. The watershed to the lake has residential and agricultural uses which contribute to these periodic water quality problems. Erosion of soils in areas of new construction and agricultural areas, and urban storm water runoff appear to be the primary sources of elevated suspended solids, nutrient and bacteria concentrations. Over half of the watershed to the lake is presently forested, and is a prime site for future residential development. Further development in the watershed will -lead to increases in nutrient loading and urban stormwater mitigating for water quality degradation will be important factors in protecting the future of the lake. " (IEP, Lake Cochichewick Watershed Plan, 1987) Pollution attenuation has long been recognized as one of the most important public values provided by wetlands. Unfortunately, wetlands can become degraded over time due to the influx of additional pollutants, or pollutants can bypass the natural processes during periods of high flows. Upland buffer zones, particularly in highly sensitive areas such as a tributary to a sole source aquifer, can protect (and enhance) the natural- capacity of the wetland system to attenuate pollution. The upland has its own pollution attenuation capability as well. This is an important factor to consider when assessing the - cumulative impacts of residential development in the Lake Cochichewick watershed. Nitrogen and phosphorous inputs can be attenuated with the - use of upland buffer zones. The Lake Cochichewick Watershed Plan discusses the potential threat of phosphorous as a result of residential development. "The potential of phosphorus reaching the lake from fertilizers is greatest on properties that immediately border the lake or a tributary stream. In these areas, there is the potential for phosphorus to be washed off the surface of the ground into the water body, especially if there is a good soaking rain storm shortly after the fertilizer is applied. Phosphorus inputs to the lake which can be indirectly related to lawn fertilization include decay of lawn clippings or leaves which are deposited in or near the lake or tributary streams. " In a separate document ("Long Pond Newsline") IEP states that 1130 - 50 ' wide buffer zone will remove about 70 - 90% of the sediment and phosphorous in runoff. " Again, the buffer proposed for Lot 1 Dale Street is only 251 . This is unacceptable by any standard to be found in the literature. The Corps of Engineers recently prepared a document for the State of Vermont to guide them in the use of buffer strips. The role of buffer strips in nutrient removal is clearly articulated: "Buffer strips can reduce the movement of nutrients from uplands into surface waters. The primary processes involved include: 1) retention of sediment bound nutrients transported by surface runoff, 2) uptake of soluble nutrients by vegetation and microbes, and 3) absorption of soluble nutrients by organic or inorganic soil particles. Sediment retention seems to be the main process responsible for removing phosphorus (at least initially) , while denitrification is the primary process responsible for nitrogen (nitrate) removal. The nutrient removal efficiency of buffers probably depends on many factors. These include sedimentation rates, surface and subsurface drainage characteristics, soil characteristics (particularly oxidation-reduction potential, organic content, and temperature) , the successional status of vegetation, and nutrient loading rate from uplands per unit area of buffer. " This document also discusses the value of buffers in protecting wildlife habitat as well: "Because buffer strips can greatly influence water temperature and other habitat variables in low order streams, buffers probably have a considerable impact on fish and invertebrate communities. Few studies, however, have looked closely at the effect of buffer strip width on stream biota. "Although the importance of riparian areas as wildlife habitat is well documented (see Brinson et al. , 1981; Motroni, 1980; Hopper, 1989) , little information is available upon which to firmly base buffer strip width recommendations. At a minimum, buffers should be wide enough to provide habitat for species adapted to both riparian "edge" and "interior" habitats. Also, the buffer area (length x width) should be large enough to provide adequate breeding and foraging habitat. " I have enclosed additional information taken from that Corps document which illustrates many of the functional wetland values protected by buffer zones. This provides a useful overview of the status of research as it relates to buffer zones. In conclusion, the Planning Board is given the task of insuring that the water quality of the lake is not harmed through any proposed construction or alteration of existing topography. The purpose of the Watershed Protection District as stated in the 1984 North Andover Zoning Bylaw is as follows: "The Watershed District surrounding Lake Cochichewick, our source of water supply is intended to preserve and maintain the filtration and purification function of the land, the ground water table, the purity of the ground water and the lake, to conserve the natural environment and to protect the public health safety and welfare. " Prior to issuance of a Special Permit from the Planning Board the applicant shall be required to provide proof that no degradation shall occur to the Lake itself, or any tributaries within the Watershed Protection District. This may require additional information with regard to soils, hydrology, sub- surface ground water flows, and proposed mitigation techniques. The Planning Board will next meet on August 13 , 1991. Please _ be prepared to continue the public hearing discussion at that time. 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I f4 )••a 1~ O r-1 I w U) Li. I d-) aJ N )4 ri I Q) 4J O C'1 O O M W f I U) V) a. 3 ( tx Q) 1` ­4 ri x N N N t 40 TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF CONSERVATION COMMISSION f NORTH 1 `ad °• 0 TELEPHONE 683-7105 x � AO�r.o P 1' �9SSACHUS' DATE: December 10, 1985 TO : Planning Board FROM: Willie Vicens; Chairman . SUBJ: Coventry Estates The NACC visited the project site several weeks ago, held. a public hearing on the Notice of Intent for• this project on Wednesday December 4th and Tracy Peter visited the site again. on Thursday December 5th, Based on these site visits and public hearing we have determined that some additional information is required before we can issue an Order of Conditions. Copies-our letters to the.applicant have been sent to you. Overall we have the following comments-on this project: 1. Watershed District: . The portion of the site fronting on Dale Street lies in the watershed district. . It is likely. that we would.impose conditions to re- strict development within 100 feet of the wetlands-on Lots l through 5. Such restrictions may make these lots unbuildable. 2. Extent of Wetlands: We believe the wetlands on the site are more extensive than shown on the plans dated November 8, _1985. Specifically, there are ` wetlands on Lots 12.through 16, and Lots 31 and 32. 3. Runoff Control: The current project does not include runoff contrcl measures or the portion of the property draining to South-Bradford Street. This is unacceptable to the NACC and provisions must be made for on-site or off-site runoff control. 4. 'Steep Slopes: Some of the lots-will.have very steep slopes. 'Both temporary erosion control. during construction and permanent stabilization after completion should.be provided in these lots (e,g.; T7 through 30). We hope these comments-are o f help, @IN Owls DEC 1 01985 PLANNING BOARD LAW OFFICES X&,� Q"� 127 TURNPIKE STREET NORTH ANDOVER, MASSACHUSETTS 01845 VICTOR L. HATEM (SO8) 685-3366 ALSO ADMITTED IN N.H. FAX: (508) 682-1712 JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. July 23, 1991 Christian Huntress Town Planner Town Hall Main Street North Andover, Massachusetts 01845 Re: Lot 1, Dale Street (House #475) Dear Chris: The above referenced Application for Special Permit is again scheduled for this evening. The Massachusetts Department of Environmental Protection has issued its Superseding Order. However, the Town of North Andover' s Conservation Commission has appealed. We have filed a Request to Dismiss the Appeal contending that the Appeal is improper. The Massachusetts D.E.P. has not ruled on the appeal . In light of this, I would again request that the public hearing be continued. Should you have any questions, please do not hesitate to call. Sin rely, J seph V. Mahoney ustee of October La Trust LAW OFFICES 127 TURNPIKE STREET u NORTH ANDOVER, MASSACHUSETTS 01645 F I I I VICTOR L. HATEM ,(508) 686`-8368 ALSO ADMITTED IN N.H. FAX; (506) 662-1712 JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. July 23, 1991 Christian Huntress - Town Planner Town Hall Main Street North Andover, Massachusetts 01845 Re: Lot 1, Dale Street (House #475) Dear Chris: The above referenced matter was heard on July 21, 1991. I would request that the tapes of all of the proceedings not be erased. In the near future I shall have someone come to your office for the purpose of transcribing the tape. Should there be a problem, please contact me, otherwise, I would expect this wish to be honored. Sincerely, Peter L . Hatem PLH: lp cc: James P. Gordon LAW OFFICES 127 TURNPIKE STREET NORTH ANDOVER, MASSACHUSETTS 01845 VICTOR L. HATEM 508) 685-3368 ALSO ADMITTED IN N.H. FAX: (508) 682-1712 JOSEPH V. MAHONEY I ; PETER L. HATEM i ALSO ADMITTED IN FLORIDA AND N.H. I F t f k ' L July 23, 1991 Christian Huntress Town Planner Town Hall Main Street North Andover, Massachusetts 01845 Re: Lot 1, Dale Street (House #475) Dear Chris: In consideration of the fact that we still await a response from the Mass. DEP concerning the appeal before it relative to the above-cited lot, I request that the time limit for the public hearing be extended to August 31, 1991 . Sin, er 0' V. Mahoney 7' �,4r, stee­ of October Lane T lust P" V KAREN H.P.NELSON Town of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682-6483 BUILDING DIVISION OF CONSERVATION PLANNING PLANNING & COMMUNITY DEVELOPMENT June 20, 1991 Sabin M. Lord, Jr. Regional Engineer for Resource Protection DEP Northeast Region 2 Commonwealth Ave Woburn MA 01801 RE : File W 242-543 Lot 1 Dale Street Dear Mr. Lord: The North Andover Conservation Commission is in receipt of the Superseding Order from your Department for the above project. In conformance with section 10 . 05 (7) (j ) of the regulations, the North Andover Conservation Commission voted at its 6/19/91 meeting to request an adjudicatory hearing. We do not feel that the project, and the Department ' s Superseding Order, adequately protect the following interests of the Act: • Protection of public and private water supply • Prevention of pollution These interests of the Act are of primary importance in this case since this project is within the buffer zone of a tributary to our public water supply. This surface water supply continues to suffer from the impacts of residential development in the watershed. The cumulative impacts of insensitive development are of particular concern here and both the applicant and the Department have not adequately addressed these wetland impacts. Sincerely, Richard P. Doucette Conservation Administrator CC : Mr. Joseph Mah ney, 127 Turnpike St. , North Andover MA 01845 LAW OFFICES PP 127 TURNPIKE STREET �� �1- NORTH ANDOVER, MASSACHUSETTS 01645 O R, VICTOR L. HATEM (S08) 685-3366 ALSO ADMITTED IN N.H. FAX: (508) 662-1712 JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. June 17, 1991 Mr. Christian Huntress Town Planner Town Hall North Andover, Mass. 01845 re. Lot 1, Dale Street Dear Mr. Huntress: Would you kindly extend the time for the Planning Board to act with regard to the request for a Special Permit for the above-cited Lot 1. A continuancwe to July 31, 1991, would be appreciated. Thank you for your consideration. in erely,J Jo h V. Mahoney q l4G'a!«n e. J f"1 V } ,I LAW OFFICES 127 TURNPIKE STREET NORTH ANDOVER, MASSACHUSETTS 01845 VICTOR L. HATEM (508) 685-3366 ALSO ADMITTED IN N.H. FAX: (508) 682-1712 JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. May 30, 1991 Christian Huntress Town Planner Town Hall Main Street North Andover, Massachusetts 01845 Re: Lot 1, Dale Street (House #475) Dear Chris: The above referenced Application for Special Permit is again scheduled for this evening. When it was last on the agenda, the civil engineer had spoken to the Massachusetts Department of Environmental Protection who indicated that its Superseding Order would be forthcoming. In the interim, the Town of North Andover' s Conservation Commission has requested an additional ten ( 10) days to submit more materials to the Massachusetts D.E.P. The Superseding Order therefore has not been issued. In light of this, I would again request that the matter be postponed. V ely,V. Mahoney"7-- e of October Lane April 10, 1991 Planning Board George D. Perna, Jr. , Chairman 120 Main Street North Andover, MA 01845 Re: Special Permit, 475 Dale Street October Lane Trust Dear Mr. Perna, I would like to request that the Planning Board continue the public hearing with regard to above referenced application to your May 16, 1991 meeting. The site is currently under review by the Massachusetts Department of Environmental Protection (D.E.P. ) . The additional time requested will give D.E.P. an opportunity to respond and allow the Planning Board to act with their input. Thank you for your anticipated cooperation. Sincerely Joseph V. Maibney Truste'e, October Lane Tru t' Of NORT , KAREN H.P.NELSON "gin Town of 120 1\fain ;(reel., 01815 'rector .':.' NORTH ANDOVER ( 508 682-6,1K 3 BUILDING �e"^°"�'�`` CONSERVATION eAOH1ae DIVISION OF PLANNING PLANNING & COMMUNITY DI;VI?LOPMI N T April 1, 1991 Mr. Peter Hatem Hatem and Mahoney 127 Turnpike St. North Andover MA 01845 Dear Mr. Hatem: I am in receipt of your letter reclardinct the tape-s f;.f pul 1i.c hearings for Lot 1 Dale St. Please be advised that the Conservation Commission does not keep tapes of meetincs after the minutes have been approved. The tapes have since been u<__�ed to tape new meetings. The Commission is required to keep one official record of their meetings. If you would .Like a copy cif the minutes of any meetings please contact the Conservation Office. :sincerely, Karen H. P. Nelson Division Director LAW OFFICES p! yr, / Wz2G�2� 127 TURNPIKE STREET l NORTH ANDOVER, MASSACHUSETTS 01845 VICTOR L. HATEM (508) 685-3368 ALSO ADMITTED IN N.H. FAX: (506) 662-1712 JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN FLORIDA AND N.H. March 28, 1991 Ms. Karen Nelson Director of Community Development North Andover Town Hall North Andover, MA 01845 Re: Lot 1 Dale Street, October Lane Trust Dear Ms. Nelson: At a recent board hearing in front of the Conservation Commission action was taken by the Conservation Commission with regard to Lot 1 . Apparently the decision will be appealed to D.E.P. and to the Superior Court. j I would therefore request that the tapes of all of the proceedings not be erased in order to support the position of the parties. In the near future I shall have someone come to your office for the purpose of transcribing the tape. Should there be a problem, please contact me, otherwise, I would expect this wish to be honored. Very truly yours , . HATEM PLH: caw cc: James P. Gordon