HomeMy WebLinkAboutDecision - 255 MARBLERIDGE ROAD 5/2/2006 c
`T'own. of North Andover
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Office of the Planning Department Q� iq c�R�v�Ca r ICE
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Osgood Larding 2006 HA Y 15 pm 4: 20
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Building#20,Suite 2-36 T 0►M OF
Lincoln Daley North Andover,Massachusetts 01845 NORTH M4,'DtOVER
Town Planner MASSACH�',SEE T I'S
P(978)688-9535
F(978)688-9542
This is to certify that twenty(20)days
NOTICE OF DFCISICIN have elapsed from date of decision,filed
without filing of an ppeal,
Date � � ?�d
Any appeal shall be filed Toywcn Clerk
within (20) days after the
date of filing this notice in
the office of the Town Cleric.
Date: May 8,2006
Date of Rearing: 3/7,3/21,5/29 2006
Date of Decision: May 29 2006
;.
Petition of William Barrett, Belford Construction, 1049 Turnpike Street, Nortk
Andover,MA 01845 -
Premises Affected: 255 Marbleridge Road (Formerly Lot 1, 249 Marbleridge Road),
North Andover, MA 01845, Assessors Map 37D9 Lot 16 located
within the Residential 3(R3)Zoning District. C�
Referring to the above petition for a Watershed Special Permit from the requirements of the c
North Andover Zoning Bylaw, Section 4.136 of the Watershed Protection District. -
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So as to allow: the construction of an in-ground pool and concrete patio to the existing
single-family residence within the Non-Disturbance Zone of the Watershed Protection
District.
After a public hearing given on the above date, the Planning Board voted unanimously in
favor to grant a Special Permit for the Watershed Protection District, based upon the
following conditions:
Signed on behalf ofthe Planning Board Lincoln Daley,Town PUrG
Planning Board
Richard Nardella, Chairman
John Simons,Vice Chairman ATTEST:
Co
Alberto Angles �� '1`i-ue Copy.
Jack Greco.
Richard Rowell,acting Clerk 'Town Clerk
cc: All Town Deprtments
BOARD Or APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Special Permit-Watershed Protection District
255 Marbleridge Road(Formerly Lot 1,249 Marble Ridge Road)
Map 37D, Parcel 16
The Planning Board makes the following findings regarding the application of William
Barrett, Belford Construction, Inc., 1049 Turnpike Street, North Andover, MA 01845,
filed on February 3, 2006. The area affected is located at 255 Marbleridge Road
(Formerly Lot 1, 249 Marbleridge Road), Map 37D, Parcel 16 located within the R-3
Zoning District. The lot was created in 2005 and is subject to the Watershed Protection
District provisions for lots created after October 24, 1994. The applicant is requesting a
Watershed Special Permit for the construction of an in-ground swimming pool and
associated decking located within the Non-Disturbance Zone of the Watershed Protection
District.Public hearings were held on March 7,2006,March 21,2006,and May 2,2006.
A Watershed Special Permit was issued by the Planning Board on June 21, 2005 for
construction of two single-family homes, driveways, associated grading and appurtenances
located in the Non Discharge and Non-Disturbance Zones of the Watershed Protection
District. A Watershed Special Permit for the pool is being issued in addition to the
Watershed Special Permit previously issued for the house construction.
APPENDIX A
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw,
as well as its specific criteria, are met. Specifically the Planning Board finds:
FINDINGS OF FACT:
L That as a result of the proposed construction in conjunction with other uses nearby, there
will not be any significant degradation of the quality or quantity of water in or entering
Lake Cochichewick. The Planning Board bases its findings on the following facts:
a. The proposed structures will be connected to the Town sewer system;
b. A deed restriction will be placed restricting the types of chemicals (fertilizers,
pesticides,herbicides, salts)that can be used on site.
c. The filtration system being proposed for the pool is a non-backwash type cartridge
system and the pool water sanitation system is a chemically free design that treats
pool water with a dual purification system using ionization and ozonation. Use of
this particular type of filtration system will be placed in the deed. Any cleaner used
for the filter will remain on site.
A. ThG topogriaphy of Ule Slte wiiu riot be aitet Sl4bJ1`drltlally.
e. The limit of clearing is restricted to the minimum necessary to construct/renovate the
structure and appurtenances;
f. This decision is being issued in addition to the decision issued on June 21, 2005 for
construction of the house. All conditions required in that decision must be adhered
too in addition to the conditions required under this permit.
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2. There is no reasonable alternative location outside the Non-Disturbance Buffer Zone, for
any discharge, structure or activity, associated with the proposed project.
3. On April 11, 2006, the applicant received a Variance from Section 4, Paragraph
4.136.3.c.E.3 of the Zoning Bylaw in order to construct a new permanent structure (in-
ground pool & patio) within the Non-Disturbance Buffer Zone of the Watershed
Protection District.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board
makes the following Findings of Fact:
1. The specific site is an appropriate location for the proposed use as all feasible storm
water and erosion controls have been placed on the site;
2. The use will not adversely affect the neighborhood as the use is accessory to an existing
single family,
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
4. Adequate and appropriate facilities are provided for the proper operation of the proposed
use,
5. The Planning Board also makes a specific finding that the use is in harmony with the
general purpose and intent of the North Andover Zoning Bylaw.
Upon reaching the above findings, the Planning Board approves this Special Permit based
upon the following conditions:
SPECIAL CONDITIONS:
1. The Town Planner shall approve any changes made to these plans. Any changes
deemed substantial by the Town Planner would require a public hearing and
modification by the Planning Board.
2. PRIOR TO ANY WORK ON SITE:
a. A performance guarantee of two thousand dollars ($2,000) in the form of a check
made out to the Town of North Andover must be posted to insure that construction
will take place in accordance with the plans and the conditions of this decision and
to ensure that the as-built plans will be submitted.
b. The limit of work as shown on the plan by the erosion control line must be marked
in the field and must be reviewed and approved by the Town Planner and
Conservation Department.
c. All erosion control measures as shown on the plan must be in place and reviewed by
the Town Planner and Department. Deteriorated erosion control measures shall be
replaced and maintained throughout the duration of the project.
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d. The site shall have received all necessary permits and approvals from the North
Andover Conservation Commission, Board of Health, Zoning Board of Appeals and
the Department of Public Works and be in compliance with the above permits and
approvals.
3. PRIOR TO THE ISSUANCE OF A BUILDING PERMrr:
a. The Planning Board must endorse the final site plan mylars and three copies of
the signed plans must be delivered to the Planning Department.
b. The decision must be filed with the North Essex Registry of Deeds. One certified
copy of the recorded decision must be submitted to the Planning Department.
c. No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance
within 325' of Lake Cochichewick or within 325' of wetland resource areas. The
applicant shall incorporate this condition as a deed restriction, and a copy of the
recorded deed shall be submitted to the Town Planner and included in the file.
d. The pool filtration system proposed is a non-backwash type cartridge system and
the pool water sanitation system is a chemically free design that treats pool water
with a dual purification system using ionization and ozonation. This filtration
system must be incorporated into the deed and use of this system or its equal or
better must be used in perpetuity on the site. Changes of the type of pool
filtration system used must be reviewed and approved by the North Andover
Planning Board. Failure to comply with this condition will result in revocation of
the Special Permit.
4. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:
a. Foundation Plan: Immediately upon completion of the pool foundation and prior to
further construction activities associated with the site, the applicant shall complete a
plan prepared by a Registered Professional Land Surveyor (R.P.L.S.) which
accurately depicts the foundation location and its proximity to wetland resource
areas and watershed buffer zones as shown on the approved Watershed Site Plan.
Said plan shall be submitted to the Town Planner for review to verify that the
setback limits under the special permit have been met.
5. PRIOR TO THE RELEASE OF THE PERFORMANCE BOND:
a. The applicant shall �ubiiut an as-built p'-- s ami pc d by a Registered Prof css oial
Engineer or Land Surveyor in Massachusetts that shows all construction, limits of
disturbance, existing topography, stone water mitigation structures and other
pertinent site features. This as-built plan shall be submitted to the Town Planner and
the Department of Public Works for approval. The applicant must submit a
certification from the design engineer that the site was constructed as shown on the
approved plan.
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b. The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
6. In no instance shall the applicant's proposed construction be allowed to further impact
the site than as proposed on the plan referenced in Condition# 12.
7. The Planning Board shall have final discretion in determining if sufficient landscape
screening and buffering has been provided between the single-family residence and
the abutting Ridgewood Cemetery Association property, Assessors Map 37D, Parcel
18.
8. No open burning shall be done except as is permitted during burning season under the
Fire Department regulations.
9. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
10. The provisions of this conditional approval shall apply to and be binding upon the
applicant,it's employees and all successors and assigns in interest or control.
11. This Special Permit approval shall be deemed to have lapsed May 2, 2008 (two years
from the date of issuance) exclusive of the time required to pursue or await
determination of any appeals, unless substantial use or construction has commenced
within said two-year period. Substantial use or construction will be determined by a
majority vote of the Planning Board.
12. This decision must be filed with the North Essex Registry of Deeds. The following
information is included as part of this decision:
a. Town of North Andover Planning Board Application for Watershed Special Permit
filed by William Barrett on February 3,2006;
b. Plan titled: Site Plan
249 Marble Ridge Road
Assessors Map 37D,Parcel 16
Prepared for: Belford Construction, Inc.
1049 Turnpike Street
North Andover, MA 01845
Prepared by: New England Engineering Services,Inc.
60 Beechwood Drive
North Andover,MA 01845
Scale: 1"=20'
Date: April 1,2005,Revised 4/27/05, 5/26/05, 7/20/05, 10/27/05, 2/3/06
Sheets: 4
cc: Applicant
File
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