Sent: Wednesday, May 14, 2008 11:25 AM
To: Eli Hauser
Subject: Re: FW: Sharon Commons Scenic Road Trees
Eli,
For the Phase II decision, I would like to have a value of the trees. Allowing the applicant to a time for "negotiation" with the Tree Warden leaves too many open issues.
Thanks,
John Lee
On Wed, 14 May 2008 10:53:58 -0400
"Eli Hauser" <ehauser@solidworks.com> wrote:
Hi John
The Town guidelines/regulations/by-laws direct a compensation value as part
of the decisioning; so we are in alignment on objective and decision from the
Planning Board. Our objective was for you to be appraised on the components
of the decision and the condition of approval on a negotiated agreement being
prepared by the Tree Warden and presented as part of the landscaping plan.
This has clearly been achieved. So far so good. My understanding is the Tree
Warden has prepared a calculation for discussion. The purpose of my note to
you was to clarify a point I believe was communicated to you in error as
regarding the permission to start cutting trees. My read on the decision is
that the applicant is approved to cut the trees and proceed with the road,
and that a negotiation with the Tree Warden is a condition of approval. Atty
Gelerman can comment further. I deleted names from this email to not violate
open meeting rules on participants.
Regards
Eli
> -----Original Message-----
> From: Lee, John J LTC NG NG NGB
> [mailto:john.lee18@us.army.mil]
> Sent: Wednesday, May 14, 2008 9:59 AM
> To: Eli Hauser
> Cc: jlee@norfolkaggie.org; Richard A. Gelerman Esq.;
> acohen@bassdoherty.com; kweber@townofsharon.org;
> lauenstein@comcast.net;
> Ktparkwood7@aol.com
> Subject: Re: FW: Sharon Commons Scenic Road Trees
Eli,
The ZBA has reviewed the decision for Phase II of the Special Permit. Phase
II deals with site preparation and engineering work on the site. This
includes cutting of trees. The ZBA would like to have a cost of the trees for
compensation to the Town for the loss on the Scenic Way. I saw one estimate
for $200 per tree. I was hoping to have a value for our meeting tonight. Has
someone (Tree Warden?) calculated a value for the loss of trees for this
project? If this value exists, please forward it or bring the calculation to
the ZBA meeting tonight.
Thanks, John Lee
> ----- Original Message -----
> From: Eli Hauser <ehauser@solidworks.com>
> Date: Wednesday, May 14, 2008 8:52
> Subject: FW: Sharon Commons Scenic Road Trees
> To: jlee@norfolkaggie.org, john.lee18@us.army.mil
> Cc: "Richard A. Gelerman Esq."
> <rgelerman@gelermanbuschmann.com>,
> acohen@bassdoherty.com
John,
I have sent the following note to Atty Gelerman for his comment today. I
wanted to give you a heads up for your meeting tonight I believe Peter's
note on the construction timeline was in error that the Planning Board wants
to see a compensation plan prepared and agreed to; but was not an intent of
the PB to constrain the timeline.
Eli_____________________________
> > From: Eli Hauser
> > Sent: Wed 5/14/2008 8:41 AM
> > To: Richard A. Gelerman Esq.
> > Cc: acohen@bassdoherty.com
> > Subject: FW: Sharon Commons Scenic Road Trees
I believe the modifier "pursuant" refers to the Act. I do not
believe the intent of the Planning Board was to constrain the construction
timeline; but rather to have a compensation plan prepared and negotiated by
the Tree Warden and then presented to the ZBA as part of landscaping
discussion for their
evaluation on "goodness" of compensation.
pls advise. Eli
From: Bob [mailto:bob@intoccia.com]
> > Sent: Tue 5/13/2008 3:25 PM
> > To: Eli Hauser; 'Eli Hauser'
> > Subject: Sharon Commons Scenic Road Trees
Planning Board Chair:
We request that the Planning Chair clarify the vote of the PB regarding the
Scenic
Road Approval. On April 9, 2008, the Planning Board
voted as follows: "Mr. Cohen motioned to approve the tree removal and
moving the stone walls pursuant to the Scenic Road Act conditioned on
the number of trees being determined and the stone walls being moved and
negotiation of a compensatory action plan that meets the approval of the ZBA
and Tree Warden. The Planning Board will write a letter to the Board of
Appeals that the Planning Board approval of the plan is conditional upon the
Tree Warden's approval of the settlement for the value of the trees. The
developer should rebuild the stone walls being removed and put them in another
visible location as stone walls of the same style and to identify and consider
moving significant trees, if possible, and shifting the roadway if removal
of a specimen tree can be avoided. In addition erosion control measures
(i.e., hay bales) need to be in place within 24 hours of clearing the land.
Ms. Price seconded the motion. The Board voted to approve the motion 4-1-0. Mr. Shelmerdine
agreed to come back on 4/30/08 with the number of trees."
Therefore, the elements and timing established by the Planning Board is as
follows:
1. Approval for removal of trees and stones walls within the Old Post Road layout as shown on
the Plan entitled "Public Shade Tree Clearing Limit" dated march
21, 2008 is approved.
2. The number of trees taken down must be determined. (Completed)
3. The stone walls being moved must be determined. (Completed)
4. The compensatory action plan must be negotiated with the approval of the
ZBA and the Tree Warden (To be determined by Tree Warden)
5. The Planning Board will write a letter to the ZBA that
the Scenic
Road Approval is conditioned upon the Tree Warden's approval of
the Settlement for the value of trees. (Completed by Peter O'Cain's e-mail
of May
1, 2008)
6. The stone wall replacement is to be placed in another visible location
of the same style. (To be determined by Tree Warden)
7. Identify and consider moving significant trees, if possible, or shift the
roadway if removal of a specimen tree can be avoided. (To be determined by
Tree Warden)
8. Erosion controls measures must be established no later than 24 hours
after clearing. (Completed - already installed before tree cutting) While
there are a number of conditions, most of which have been satisfied, there
is no prohibition against tree cutting prior to negotiation of the
Compensatory Action Plan with the Tree Warden and the ZBA. But in an e-mail
from Peter O'Cain to John Lee, ZBA Chair, dated May 1, 2008, Mr. O'Cain
indicates that no trees may be cut prior to agreement of a Compensation
Decision. This is factually incorrect. The ZBA is meeting tomorrow night to
grant permission in an Early Site Work Authorization Decision, which will
allow us to go do preliminary construction work, including cutting trees,
which we intend to do on May 27, 2008. But we anticipate that John Lee will
be chilled by Peter's letter stating that no trees can be cut without ZBA
approval. We have given the Landscaping Plans to Tom Houston, but not to the
ZBA and we do not think the ZBA will vote tomorrow night to approve the
Landscaping Plan on Tom's say so, only. Could you please correct this notion
with the ZBA and send Mr. Lee an e-mail indicating that no such prohibition
regarding Compensatory Plan Approval prior to Tree Cutting is contained in
the PB vote. Please review......thank you.
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