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HomeMy Public PortalAbout3/26/2019 - 71 Salisbury Road - Kounelis, Angeline - Request for Information Subject FW:71 Salisbury Rd From Kounelis,Angeline To Driscoll,Michael Cc Magoon,Steven;Shuman,Matthew; DPW1;Town Councilors Sent Tuesday,March 26,2019 10:32 PM Attachments <<RE RE 71 Salisbury .msg>> <<71 Salisbury back side left(1).jpg>> <<71 Salisbury back side right(1).jpg>> <<71 Salisbury excavation (1).jpg>> <<71 Salisbury excavator CJ Doherty (1).jpg>> <<Pages from Misc. Items 1-24-19 (2).pdf>> <<20190126_124558_resized(1).jpg>> <<71 Salisbury Rd..msg>> Town Council Meeting 03/26/19, Agenda Item 13: Request for Information Please advise with a status-up-date of any/all development, associated with the property at 71 Salisbury Rd. Inclusive of: pending requests for information from abutting property owners on Templeton Pkwy. and Salisbury Rd. Thank you. Best, Angie Angeline B. Kounelis District A, East End, Town Councilor The City Known as the Town of Watertown 617-926-2352 All electronic mail to and from this City address should be considered subject to Massachusetts Public Records Laws. Thank you From: Kounelis, Angeline Sent: Sunday, January 27, 2019 8:46 PM To: Driscoll, Michael; Magoon, Steven Cc: Tracy, Thomas; Shuman, Matthew; dpwl@watertown-ma.gov; k6lemery@comcast.net; eamonfee@mac.com; Town Councilors Subject: FW: 71 Salisbury Rd Dear Messrs. Driscoll and Magoon, On 08/21/18, Watertown Building Permit Number: BP-18-834 was issued to 71 Salisbury Road, LLC for a fee of $4500. The LLC was organized on 11/10/15 by its Managers: Kevin M. Emery and Eamon P. Fee for the purpose of Real Estate Development, Investment, etc.; a for profit entity. The parcel at 71 Salisbury Rd. (I.D. #1145-11-107) was purchased by Mr. Fee on 08/31/15 and sold to the LLC on 11/17/15. Mr. Fee is listed as the Licensed Contractor (#CSFA-065943) for the development of the property for Emery Homes that has commenced with the excavation of bedrock, within the past two weeks. httDs://www.maDsonIine.net/watertownma/forms/standalone.html.DhD?id=633917612&iumD=f3ce48605 57120590be7316eae694e71 The Watertown Inspector of Buildings, through the process of issuing the Building Permit, reviews and approves all building applications for compliance with the Ninth Edition of the MA State Building Code 780. Oversight of the project development remains with the City Known as the Town of Watertown; through its Inspectional Services. There is an inherent responsibility to insure the protection of the abutting property owners, and neighborhood, from encroachment; negative quality-of-life implications and collateral damages associated with a valid, Building Permit. httDs://www.mass.00v/handbook/ninth-edition-of-the-ma-state-building-code-780 On 03/27/18, Mr. Fee wrote of the concerns voiced by former Building Inspector, Ken Thompson (May His Memory Be Eternal) of seismic activity/vibration associated with reducing the site to street level. What structural conditions have changed on the site to allow for negation of Mr. Thompson s apprehensions? Who dictates that authorization for removal of centuries old bedrock, that has anchored almost 100 year old structures on Templeton Parkway, be granted without prior open dialogue with the abutters? Who is liable for monitoring the structural integrity of abutting properties during and after the construction process for stress cracks, shifting and possible soil erosion? Unfortunately, Mr. Fee's written assertions to Mr. Thompson on 01/31/18 and 03/27/18 of "handing out flyers and have a meeting to inform abutters", did not materialize, "when we get the permit". Catch me if you can.......... Even sadder, Watertown's Team lacked the courtesy to inform anyone of the project's magnitude; under the cloak of following procedure for a "by right" Building Permit that does not require notification. Additionally, on 01/18/19, Mr. Fee alluded to his "furnishing over $12000 in linkage to the city" for planting new trees. For clarification, according to Salem Village Consulting (01/28/18) and Town Engineer Matt Shuman (04/11/18), the project site cannot support infiltration or other stormwater management functions. A monetary contribution was suggested by Mr. Shuman for an off-site stormwater tree trench in the adjacent Woodleigh and Edgecliff Roads roadway project that would cost approximately $12000. Where was the oversight to protect the valuable, mature trees and shrubbery on the boundaries of adjoining private properties? Had the property owners not come forward to the Town Council to assert their rights; who would have been the wiser? It was Ms. Libby Shaw, who on 01/18/19 requested an arborist; not the Town of Watertown. The aggrieved properly owners must be made whole for any loss of green infrastructure due to the excessive excavation of the root systems at the properly lot lines To say that I am disappointed in the process, is an understatement. Our communication regarding excavation on the site commenced on 05/09/16. The human element of interaction has been completely disregarded and replaced with a robotic rubber stamp. Where is the accountability to the taxpaying residents?Thank you. Best, Angie Angeline B. Kounelis District A, East End, Town Councilor The City Known as the Town of Watertown 617-926-2352 All electronic mail to and from this City address should be considered subject to Massachusetts Public Records Laws. Thank you From: Kounelis, Angeline Sent: Thursday, January 24, 2019 8:18 PM To: Kounelis, Angeline Subject: FW: 71 Salisbury Rd Hello Everyone, The sixth attachment within this email is the response from Mr. Steve Magoon; received in today's miscellaneous communication from Town Manager Michael Driscoll regarding 71 Salisbury Rd. For your reading pleasure.................. Best, Angie Angeline B. Kounelis District A, East End, Town Councilor The City Known as the Town of Watertown 617-926-2352 All electronic mail to and from this City address should be considered subject to Massachusetts Public Records Laws. Thank you From: Kounelis, Angeline Sent: Thursday, January 24, 2019 9:52 AM To: Driscoll, Michael; Magoon, Steven Cc: McLaughlin, Peter; Sheehan, Dennis; DPW1; eamonfee@mac.com; Town Councilors Subject: FW: 71 Salisbury Rd Good morning Mr. Driscoll and Mr. Magoon, This email communication is intended as followup to my telephone messages of earlier this morning. Based on notation within the Building Permit; in my opinion, the site excavation at 71 Salisbury Rd. should have been immediately suspended. The site conditions are a major liability for the City Known as the Town of Watertown. Please review with the Town's Team, inclusive of: Building Inspector, Town Engineer and all concerned for immediate response. Thank you. Best, Angie Angeline B. Kounelis District A, East End, Town Councilor The City Known as the Town of Watertown 617-926-2352 All electronic mail to and from this City address should be considered subject to Massachusetts Public Records Laws. Thank you From: Kounelis, Angeline Sent: Wednesday, January 23, 2019 10:31 AM To: Magoon, Steven Cc: Driscoll, Michael; McLaughlin, Peter; DPW1; elshaw@mit.edu; Harry.PaImer@comcast.net; bpalmer75@comcast.net; jdkresch@gmail.com; eamonfee@mac.com; Town Councilors Subject: FW: 71 Salisbury Rd Hello Steve, Records will confirm; our communication regarding the impact of excavation within the property at 71 Salisbury Rd. commenced on 05/09/16. Recent photographs speak volumes about the depth of natural rock formation that has been removed along the property line with abutting properties on Templeton Pkwy. I continue to ask: where is the Town's oversight and adherence to previously discussed guidelines regarding the removal of ledge?The structural integrity of the bordering building foundations and retaining walls could be at risk. What measures will be taken to secure the now completely exposed underlying hilltop? On 03/27/18, Mr. Eamon Fee wrote: '7n a nutshell, Ken had expressed concerns of seismic activity while reducing the level of the site to street level.... I reassured him that we were not going to street level and would only be breaking sufficient amounts of rock........." All documentation is available within the Building Permit, issued on 08/21/18, as follows: httDs://www.maDsonIine.net/watertownma/forms/standalone.html.DhD?id=633917612&iuMD=f3ce48605 57120590be7316eae694e71 Please review and advise. Thank you. Best, Angie Angeline B. Kounelis District A, East End, Town Councilor The City Known as the Town of Watertown 617-926-2352 All electronic mail to and from this City address should be considered subject to Massachusetts Public Records Laws. Thank you From: Kounelis, Angeline Sent: Friday, January 18, 2019 3:08 PM To: Magoon, Steven Cc: Driscoll, Michael; elshaw@mit.edu; Harry.Palmer@comcast.net; eamonfee@mac.com; Kounelis, Angeline Subject: RE: 71 Salisbury Rd Hello Steve, As you will note from the following e-mail; it seems as though excavation of bedrock is underway at the vacant property located at 71 Salisbury Rd. Attached is only one, of many, pieces of communication regarding the site. When you have the opportunity, please advise the status of permits and oversight required by the Town. Thank you. Best, Angie Angeline B. Kounelis District A, East End, Town Councilor The City Known as the Town of Watertown 617-926-2352 All electronic mail to and from this City address should be considered subject to Massachusetts Public Records Laws. Thank you From: Libby Shaw [elshaw@mit.edu] Sent: Friday, January 18, 2019 9:51 AM To: Eamon Fee Cc: Magoon, Steven; Kounelis, Angeline; Harry Palmer Subject: Re: 71 Salisbury Rd Hi, Eamon: Following up on my email to you yesterday I want to make sure you are aware of how intrusive and concerning the noise and vibration is that's emanating from the small lot at 71 Salisbury Road in this neighborhood of densely-packed homes. Your crew has been operating large and very loud machinery on that property all week. A major portion of the work is jack-hammering the seam of bedrock on that property. I'm concerned about the extent to which the vibration from this work may be affecting the foundation of our abutting garage and retaining wall. The jack-hammering today is particularly loud and intrusive. I hope that in appreciation for these concerns you can address them today. We would really appreciate knowing the planned scope of bedrock removal, that you have documented assurance from your engineer that the excavation work will not cause damage to abutting property, and how much longer you expect this heavy machinery work to continue. Thank you, Libby Libby Shaw 73 Templeton Parkway daytime 617-253-5045 eves617-926-0929 Begin forwarded message: Hi, Eamon: I'm a resident of the Watertown neighborhood where you're currently developing the property at 71 Salisbury Road. Could you share what your plans are for 71 Salisbury Road and what the planned work schedule is? This would make the current intrusive noise and chaos easier to bear. I'm also a longtime member of Trees for Watertown, a citizen organization dedicated to the greening of Watertown through advocacy for preservation of healthy established trees and for planting new shade trees that can serve our community and environment for decades. We were very sorry to see the nice pine tree at 71 Salisbury has been taken down. Am sure you've noticed that East Watertown has very few shade trees. Every established urban tree places a unique and important role in its neighborhood as a natural privacy screen, as a filter for noise and dust, as a temperer of strong winds and rain, as stormwater control, as a beautiful reminder in every season that we are part of the natural world and not least, as important habitat for neighborhood wildlife. We hope you'll save any small trees remaining, and perhaps consider providing space for a big beautiful shade tree in landscaping this property. If you'd like advice on species appropriate for a specific site, we'd be happy to make suggestions. Looking forward to hearing from you. Happy to talk anytime. Best regards, Libby Shaw 73 Templeton Parkway daytime 617-253-5045 eves 617-926-0929 Attachment— Message Subject RE: RE:71 Salisbury From Kounelis,Angeline To Magoon,Steven Cc Driscoll,Michael Sent Monday,May 09,2016 4:14 PM H i Steve, Thanks for the prompt follow-up. I just drove by the property and can understand the concerns of the neighbors. Please do keep me apprised as plans and permits progress. In the past, when Dorothy Danis was in the Building Office, permits "applied for", for the week ending on Friday were forwarded, along with the "permits issued" the week ending on Friday. Many, many years ago, the applied for and issued permits were posted in the Tab & Press. Within the parameters of the current notification process, the work may already be in progress before anyone knows if a permit has been applied for or issued for work already commenced. I have received queries about roof installations and the job is completed before I can respond if in fact the work was properly permitted. Thanks for your assistance, Steve. Regards, Angie From: Magoon, Steven Sent: Monday, May 09, 2016 3:23 PM To: Kounelis, Angeline Subject: FW: RE: 71 Salisbury Apparently there is also an issue with asbestos removal that has put the work on hold until they get appropriate measures in place. Thanks From: Magoon, Steven Sent: Monday, May 09, 2016 3:01 PM To: Kounelis, Angeline<akounelis@watertown-ma.Rov> Subject: FW: RE: 71 Salisbury Here is what I have so far on 71 Salisbury. Thanks From: Mena, Michael Sent: Monday, May 09, 2016 3:00 PM To: Magoon, Steven <smaRoon@watertown-ma.Rov> Cc:Thompson, Kenneth <kthompson@watertown-ma.Rov>; Helie, Deborah <dhelie@watertown- ma.gov> Subject: RE: 71 Salisbury Hi Steve, Following up on your question regarding 71 Salisbury Rd. All I see in GEO is a demo permit pending, for a condemned single family. Applied for on September 18, 2015, but not issued. I don't see anything for what they are rebuilding. No permit, no plans. Mike Mena Zoning Enforcement Town of Watertown 149 Main Street Watertown, MA 02472 617.972.6427 mmena @watertown-ma.Rov From: Driscoll. Michael To: Osmond. Marsha; Hand. JoAnna Cc: Magoon.Steven; McLaughlin. Peter; Shuman.Matthew;Sheehan. Dennis Subject: 71 Salisbury Rd Date: Thursday,January 24,2019 4:00:19 PM Please include in today's Misc Items to Council. From: Magoon, Steven Sent: Thursday,January 24, 2019 3:54 PM To: Driscoll, Michael <mdriscoll@watertown-ma.gov> Cc: McLaughlin, Peter<pmclaughlin@watertown-ma.gov>; Shuman, Matthew <mshuman@watertown-ma.gov>; Sheehan, Dennis <dsheehan3@watertown-ma.gov> Subject: RE: 71 Salisbury Rd Mr. Manager, in response to the information requests related to 71 Salisbury Road I offer the following. I have discussed the site with the Building Inspector and Town Engineer. It is unfortunate that the Builder did not follow through with his previous offer to conduct a community meeting when it became clear that many days of jackhammering would be required. However, I do not see a violation of the valid permit that would warrant a stop work order, or anything that would create a liability for the Town. The builder of this project has excavated the site in accordance with the Building Permit that has been issued. The bedrock has been jackhammered away to create the space for the house foundation, and they are still clearing some rock for the driveway. I was previously told that the jackhammering would be completed yesterday, but they apparently hit some particularly hard rock, so some work continues today and tomorrow to finish clearing the area of the future driveway. There have been assertions made by several people that there has not been oversight and that the developer has been excavating beyond what was permitted and thereby endangered neighboring properties. The Building Inspector, Peter McLaughlin, has visited the site many times, before issuance of the permit and many times as excavation has progressed. There is remaining bedrock throughout the area that remains intact and stable. The garage foundation on the abutting property to the rear has always been exposed. There was only loose rubble removed from this back portion of the property.The Builder has been required to monitor the foundation to make sure there is no cracking or other signs of disturbance. Once the foundation and driveway are in place, there will be topsoil backfill put in place to create the final grade and allow for landscaping. Regarding the damage to trees that are on the property boundary or on adjoining properties, unfortunately the excavation of the rubble damaged the root system of a number of trees. The Builder was required to hire an arborist who has visited the site and has advised the builder as to what actions should be taken to best protect the survival of the trees. He will provide a written report as to his findings to the Building Inspector. Thank you. From: Kounelis, Angeline Sent: Thursday,January 24, 2019 9:53 AM To: Driscoll, Michael <mdriscoll(@watertown-ma.gov>; Magoon, Steven<smaEoon(@watertown- ma.gov> Cc: McLaughlin, Peter<pmclauEhlin(@watertown-ma.Eov>; Sheehan, Dennis <dsheehan3(a�watertown-ma.Luov>; DPW1 <DPW1(@watertown-ma.gov>; eamonfee(@mac.com; Town Councilors <TownCouncilors(@watertown-ma.Eov> Subject: FW: 71 Salisbury Rd Good morning Mr. Driscoll and Mr. Magoon, This email communication is intended as followup to my telephone messages of earlier this morning. Based on notation within the Building Permit; in my opinion, the site excavation at 71 Salisbury Rd. should have been immediately suspended. The site conditions are a major liability for the City Known as the Town of Watertown. Please review with the Town's Team, inclusive of: Building Inspector, Town Engineer and all concerned for immediate response. Thank you. Best, Angie Angeline B. Kounelis District A, East End, Town Councilor The City Known as the Town of Watertown 617-926-2352 All electronic mail to and from this City address should be considered subject to Massachusetts Public Records Laws. Thank you From: Kounelis, Angeline Sent: Wednesday, January 23, 2019 10:31 AM To: Magoon, Steven Cc: Driscoll, Michael; McLaughlin, Peter; DPW1; elshaw(a)mit.edu; Ha rrv.Pal mer(a)comcast.net; hnalmer75aromrast,net; idkresch(a amail.com; eamonfeeamac.com; Town Councilors Subject: FW: 71 Salisbury Rd Hello Steve, Records will confirm; our communication regarding the impact of excavation within the property at 71 Salisbury Rd. commenced on 05/09/16. Recent photographs speak volumes about the depth of natural rock formation that has been removed along the property line with abutting properties on Templeton Pkwy. I continue to ask: where is the Town's oversight and adherence to previously discussed guidelines regarding the removal of ledge? The structural integrity of the bordering building foundations and retaining walls could be at risk. What measures will be taken to secure the now completely exposed underlying hilltop? On 03/27/18, Mr. Eamon Fee wrote: "In a nutshell, Ken had expressed concerns of seismic activity while reducing the level of the site to street level.... I reassured him that we were not going to street level and would only be breaking sufficient amounts of rock........." All documentation is available within the Building Permit, issued on 08/21/18, as follows: httos://www.maosonline.net/watertownma/forms/standalone.html.0h0? id=633917612&ium0=f3ce4860557120590be7316eae694e71 Please review and advise. Thank you. Best, Angie Angeline B. Kounelis District A, East End, Town Councilor The City Known as the Town of Watertown 617-926-2352 All electronic mail to and from this City address should be considered subject to Massachusetts Public Records Laws. Thank you From: Kounelis, Angeline Sent: Friday, January 18, 2019 3:08 PM To: Magoon, Steven Cc: Driscoll, Michael; elshawamit.edu; Harrv.Palmeracomcast.net; eamonfee(a)mac.com; Kounelis, Angeline Subject: RE: 71 Salisbury Rd Hello Steve, As you will note from the following e-mail; it seems as though excavation of bedrock is underway at the vacant property located at 71 Salisbury Rd. Attached is only one, of many, pieces of communication regarding the site. When you have the opportunity, please advise the status of permits and oversight required by the Town. Thank you. Best, Angie Angeline B. Kounelis District A, East End, Town Councilor The City Known as the Town of Watertown 617-926-2352 All electronic mail to and from this City address should be considered subject to Massachusetts Public Records Laws. Thank you From: Libby Shaw [elshaw@mit.edu] Sent: Friday, January 18, 2019 9:51 AM To: Eamon Fee Cc: Magoon, Steven; Kounelis, Angeline; Harry Palmer Subject: Re: 71 Salisbury Rd Hi, Eamon: Following up on my email to you yesterday I want to make sure you are aware of how intrusive and concerning the noise and vibration is that's emanating from the small lot at 71 Salisbury Road in this neighborhood of densely- packed homes. Your crew has been operating large and very loud machinery on that property all week. A major portion of the work is jack-hammering the seam of bedrock on that property. I'm concerned about the extent to which the vibration from this work may be affecting the foundation of our abutting garage and retaining wall. The jack-hammering today is particularly loud and intrusive. I hope that in appreciation for these concerns you can address them today. We would really appreciate knowing the planned scope of bedrock removal, that you have documented assurance from your engineer that the excavation work will not cause damage to abutting property, and how much longer you expect this heavy machinery work to continue. Thank you, Libby Libby Shaw 73 Templeton Parkway daytime 617-253-5045 eves617-926-0929 Begin forwarded message: Hi, Eamon: I'm a resident of the Watertown neighborhood where you're currently developing the property at 71 Salisbury Road. Could you share what your plans are for 71 Salisbury Road and what the planned work schedule is? This would make the current intrusive noise and chaos easier to bear. I'm also a longtime member of Trees for Watertown, a citizen organization dedicated to the greening of Watertown through advocacy for preservation of healthy established trees and for planting new shade trees that can serve our community and environment for decades. We were very sorry to see the nice pine tree at 71 Salisbury has been taken down. Am sure you've noticed that East Watertown has very few shade trees. Every established urban tree places a unique and important role in its neighborhood as a natural privacy screen, as a filter for noise and dust, as a temperer of strong winds and rain, as stormwater control, as a beautiful reminder in every season that we are part of the natural world and not least, as important habitat for neighborhood wildlife. We hope you'll save any small trees remaining, and perhaps consider providing space for a big beautiful shade tree in landscaping this property. If you'd like advice on species appropriate for a specific site, we'd be happy to make suggestions. Looking forward to hearing from you. Happy to talk anytime. Best regards, Libby Shaw 73 Templeton Parkway daytime 617-253-5045 eves617-926-0929 May 9, 2016—Email—Steve Magoon Subject 71 Salisbury Rd. From Kounelis,Angeline To Magoon,Steven Cc Driscoll,Michael Sent Monday,May 09,2016 9:59 AM Hello Steve, Several area residents from Salisbury Rd. and Templeton Pkwy. have contacted me with queries about the status of 71 Salisbury Rd. It is my understanding that utilities have been disconnected and the building on the property has been posted with a "red V indicating no entry by the Fire Department. Residents from Templeton Pkwy. are quite concerned about the stability of the natural rock formation and the impact on their retaining walls once any proposed work/demolition starts on the house. Neighbors have heard rumors about a possible two family house that will be constructed. I do not recall receiving any communication specific to the property. When you have the opportunity, please advise. Thank you. Regards, Angie Angeline B. Kounelis District A, East End, Town Councilor 617-926-2352 ILI 1,W- eCj,,. •1d1. �.. 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