HomeMy Public PortalAbout2/14/2019 - 71 Salisbury Road Follow-up - Kounelis, Angeline - Request for Information Subject FW:71 Salisbury Rd
From Kounelis,Angeline
To Driscoll,Michael;Pronovost,Marilyn
Cc Magoon,Steven;Town Councilors
Sent Thursday,February 14,2019 11:59 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 02/14/19, Agenda Item 11: Request for Information
As previously submitted on 01/27/19, pending response.
Thank you,
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&iumi)=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.
httas://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.Palmer@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:
httns://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
eves 617-926-0929
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
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
Subject RE: RE:71 Salisbury
From Kounelis,Angeline
To Magoon,Steven
Cc Driscoll,Michael
Sent Monday,May 09,2016 4:14 PM
Hi 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 <akounelisC@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 <smaRoonCDwatertown-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.eov
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
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