Ballance Letter2Carolyn Misch <cmisch@northamptonma.gov>
RE shared driveway permit for 170 Federal, Dec 10 PB hearing
Jackie Ballance <jackieballance@comcast.net>Wed, Dec 9, 2020 at 11:36 AM
To: "cmisch@northamptonma.gov" <cmisch@northamptonma.gov>
Cc: Alex Jarrett <alex@alexjarrett.com>, "jflagg@northamptonma.gov" <jflagg@northamptonma.gov>, "rparasiliti@northamptonma.gov" <rparasiliti@northamptonma.gov>,
"wfeiden@northamptonma.gov" <wfeiden@northamptonma.gov>, "awolf@northamptonma.gov" <awolf@northamptonma.gov>
To: Carolyn Misch, Chair of the Planning Board, Please forward this message to all members of the planning board today. Thank you.
Members of the Board: For a quick preview, you can just read the 2 sections of highlighted text.
At the Nov 12 meeting of the Planning Board, John Handzel suggested that the construction of another house at 170 Federal will necessitate,
beyond a shared driveway, removal of several tall trees along his southern property line. Loss of these trees could impact the stability of the steep
slope there. Please consider input from the city engineer regarding stability of the slope on the Federal St side of the property in his email of
November 24, copied below. Mr. Veleta describes a slope failure in August 2014 which was not repaired until 2017, photos attached. (Did it really
take three years to repair that mudslide? My memory is not clear about that. Some neighbors say they remember that hill collapsing twice. I dunno
for sure.)
If it comes to taking down trees and digging another foundation in close proximity to the slope, I would urge the Planning Board to require the
developer to get the geotechnical evaluation and recommendation as suggested by our city engineer David Veleta, highlighted in his email text.
Because questions about the geological stability of the slope remain, even after an arborist's evaluation, you cannot vote to approve a shared
driveway permit at the Dec 10 meeting. If the vote must be taken on Dec 10, then for safety reasons you must vote NO. Furthermore I would urge
you to enjoin Mr. Handzel from cutting any trees at all before the geotechnical assessment recommended by the city engineer is done.
I have seen the assessment from David Hawkins, the Consulting Arborist at Urban Forestry Solutions. He reports that the two black walnuts are
"healthy and structurally sound." Walnut trees = Shade and Habitat and Food for Wildlife. Mr. Hawkins also says "The six hemlocks also appear
healthy with little or no foliar decline or noticeable dieback." Since New England has lost so many hemlocks in recent years, these specimens are
Survivors, even if two of them are weaker co-dominant specimens ("conjoined twins" I'd call them). Mr. Hawkins further points out that any trees that
Handzel was willing to leave would be stressed by the pruning required to make room for the house, and by the underground activity of nearby
construction with heavy equipment. I understand that the city may be reconsidering its Significant Tree guidelines to help preserve stands or groves
of trees that provide windbreaks and shade, as well as wildlife habitat. May I mention their beauty and mental health benefits? The city is, after all,
spending money to plant more shade trees along our streets - because they are valuable. Once a tall old tree is cut, as you know, it will take
decades for new plantings to provide the same benefits.
Jackie Ballance
35 Warner St
Florence
MESSAGE FROM THE CITY ENGINEER FOLLOWS:
---------- Original Message ----------
From: David Veleta <dveleta@northamptonma.gov>
To: Jackie Ballance <jackieballance@comcast.net>
Cc: Cynthia Quinn <cquinn@northamptonma.gov>, Rich Parasiliti <rparasiliti@northamptonma.gov>, dpwinfo <dpwinfo@northamptonma.gov>,
Donna LaScaleia <dlascaleia@northamptonma.gov>
Date: 11/24/2020 8:13 AM
Subject: Re: Construction Safety Question
Dear Ms. Ballance,
Thank you for your email. DPW is aware of this project, and we understand your concerns. Donna, the DPW Director, and I have discussed this and
have the following comments.
The DPW provided the Planning Board with review comments on the proposed site plan with a shared common driveway regarding items that are
under our jurisdiction, and I attended the initial Planning Board hearing on November 12th that has subsequently been continued. Among other
things, we commented that it is the developer's responsibility to repair any damage to the Federal Street slope that may occur as a result of
construction activities on Lot 4.
On August 14, 2014 there was a partial slope failure. The cause of this slide was not clear, but the slope appeared to be stable (overall, despite the
slide). The failure was near the right of way limit and property boundary, so the DPW took responsibility for the repair. The DPW continued to
monitor the slope for signs of additional movement, and no significant changes occurred. The DPW does not undertake these types of repairs in-
house and hired a contractor who repaired the slope on June 20, 2017 using geosynthetic reinforcement. See attached photos and GIS aerial photo
from 2014 showing the limited nature of the failure.
Between the initial slide and the repair I spoke many times with Cynthia Jones, the former owner of the property who had lived there since 1968.
She never mentioned to me that there had been any previous such slides.
The row of trees proposed to be removed are private, and their disposition is up to the Planning Board and the requirements of the significant tree
ordinance, if applicable. As private trees, these are not under the jurisdiction of the Tree Warden. The impact of tree removal on the adjacent slope
on private property to the south would require a geotechnical evaluation and recommendation. Any requirement for the builder to undertake such an
evaluation would need to come through the Planning Board, not the DPW.
Lots 1 and 2 were created as ANR (approval not required) subdivisions that do not require further Planning approval, and the developer has
obtained utility connection permits from the DPW for water sewer and drain connections. DPW staff were inspecting these approved connections.
The proposed development is not near any wetlands.
David
David Veleta, P.E.
Department of Public Works
125 Locust Street Northampton, MA 01060
413-587-1570 ext. 4310 Cell: 413-320-0198
dveleta@northamptonma.gov www.northamptonma.gov/dpw
On Thu, Nov 19, 2020 at 1:43 PM Jackie Ballance < jackieballance@comcast.net> wrote:
Dear Mr Veleta,
As you are the Northampton City Engineer, I hope you can address my question. Since it involves tree removal, new construction and site integrity, I
am copying other DPW officials for their input as well. (Director LaScaleia & Highway Superintendent Antosz are listed as simply "dpwinfo..." so I
hope Cyndi can see that they get this message too. Please, Cyndi, and thank you.)
I have seen men in DPW vests overseeing what looks like construction of a catchment drain of some sort on the Warner St side of new construction
underway at 170 Federal St in Bay State Village, so you must have some familiarity with the project.
At a Planning Committee meeting last week the question of site integrity was raised by neighbors, because the slope of the land on Federal St.
collapsed in a mudslide in 2017, and people who have lived here longer than me say it was not the first time.
If you look at the plan, copied below, the builder plans to remove a row of old trees closest to Federal on the southerly boundary. Don't those
tree roots help to keep the land from eroding and collapsing?
The plans also shows 3 new houses plus garages which will cover most of what is now open green space, significantly diminishing the lot's
ability to absorb heavy rain in an area close to wetlands (hence the catchment).
The developer was at the Planning Board seeking approval for a shared driveway to reach house #4, on the southerly border at the bottom of
the drawing. The foundation of that house appears precariously close to the slope which collapsed in 2017.
Is there some way that the city can evaluate the safety of this plan in view of these points? Or require the builder to pay for such an assesment from
a reputable engineer before moving forward?
On behalf of at least a dozen concerned neighbors, we respectfully await your reply.
Jackie Ballance
35 Warner St
Florence
413-586-3724
5 attachments
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GIS_2014.pdf
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