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HomeMy WebLinkAboutDecision - 270 MARBLERIDGE ROAD 1/18/1990 a TOWN O F NORTH AN ll O V L It HAS (�1 �T 7� �� �+ HAS S A C u V S E T T �.7 NOF+,H jm I do o f- A t t yY Any appeal shall lA®flied ��SS�cHUS£�4y within ( ) days after the date of filing of this Notice NOTICE OF DECISION in the office of the Town Ierk. llate. January. 18;.1990 • , . , . , . . Date of Hearing January 4: 1990 Robert A. Smith Petitionof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . ??o. Marbleridc�e ,Roan . . . . . . . , , Referring to the above petition for a special permit from the vecluirements of the North Andover Zoning Bylaw Section, 4:135 .. . . so as to permit . .V%g CPPPtr11ctio4.vt .z1n .a cti.tipp. x-13:x?P: . (tzMu:Ly .roo.R). tp. an. . . . � � }s }fig,;eside�ee within.1QO; �of ,wetland. resource.area: , , . . . . . , . . . . . . . . After a public hearing given on the above elate , the Plainiing Board voted Conditionally t0 P'PProve. . . . . . . the . . Special.Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions : cc: Director of Public Works Board of Public Works Highway Surveyor Conservation Commission Si iled Building Inspector Board of Health George Perna, Jr. , Chairman Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Police Chief John Simons, Clerk Fire Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applicant Engineer �i� ��ghg . . . . . . . . . . . . . . . . Interested Parties John DraQer . File . NoRH OFFICES OF: Town of 120 Milin Street BUILDING p North Andover NORTH ANDOVER CONSERVATION Massachusetts O 184 HEALTH ;,SS"c"us�sty DIVISION OF (508)682-(3483 PLANNING PLANNING & COMMUNITY I EVr-, .(OMEN" KAREN H.P. NELSON, DIRL-C"I'OR January 18, 1990 Mr. Daniel Long, Town Clerk Town Hall 120 Main Street North Andover, MA 01845 Re : Special Permit Watershed District 270 Marbleridge Road Dear Mr. Long: The North Andover Planning Board held a regular meeting on December 21 , 1989 in the Town Hall , Selectmen ' s Meeting Room upon the application of Robert A. Smith, 270 Marbleridge Road , North Andover, MA, requesting approval of a Special Permit under Section 4 . 135 of the North Andover Zoning Bylaws . The following members were present: George Perna, Chairman, John Simons , Clerk, Jack Graham, and John Draper. Erich Nitzsche was absent. The hearing was duly advertised in the North Andover Citizen on December 7 and December 14, 1989 . All parties of interested were notified . The applicant is seeking a Special Permit to construct an 18 ' x20 ' family room addition within 100 ' of a wetland resource area in the Watershed District. The premises affected is located on the East side of Marbleridge Road, known as 270 Marbleridge Road, in a Residential-3 (R-3 ) Zoning District and contains 48 , 700 sq. ft. with frontage of 191 feet. John Simons read the legal notice to open the public hearing . John also read the decision from the Board of Appeals granting the variance. Page 2 : Christian Huntress, Town Planner, stated that the application was properly presented. A variance was needed before the applicant could come before the Planning Board . Chris further stated that Conservation has approved this application . With the two approvals the applicant has received, Chris stressed that it was not a rubber stamp . The applicant will not receive the Planning Boards approval on that alone . John Simons read from the Zoning Bylaw, the criteria for a Special Permit. He also read a portion of Section 4 . 135 of the Zoning Bylaw. A lengthy discussion took place on the Watershed District and Special Permits . Keith Coleman, representing Mr. Smith, spoke to the Planning Board on the application. The Board asked where the site was located and asked that a locus be shown on the plans. The applicant is in the Watershed District and would like to put an addition on an existing house . A family room 18 ' x20 ' is proposed. The Board reviewed the plans and found that a natural buffer exists between the wetlands . The construction is limited . Entry will be on the left side of the house . No construction on the south side . Hay bales will be extended. Construction could start after the 21 day appeal period and should be finished, outside activity, by April 1, 1990 . Regrading and seeding to be done as soon as possible with weather permitting . Construction tape will be placed 5 feet parallel to the pipe . A motion was made by John Draper to approve the Special Permit subject to the conditions discussed . The motion was seconded by Jack Graham and voted unanimously by those present. On January 4, 1990, the Planning Board held a regular meeting in the Town Hall Selectmen ' s Meeting Room. The following members were present: George Perna, jr. , Chairman, John Simons , Clerk, Erich Nitzsche and John Draper. Jack Graham was absent. Because the Board did not formally close the public hearing at the previous meeting the issues was brought back for the formal vote . A motion was made by John Draper to close the public hearing on 270 Marbleridge Road, Special Permit for construction within the Watershed District and approve the draft decision. The motion was seconded by Erich Nitzsche . John Simons asked to amend the findings section of the decision . The Board voted unanimously to approve the Special Permit with conditions . Page 3 : Sincerely, PLANNING BOARD Georgee�/Perna, Jr. , �' Chairman CC: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Conservation Commission Assessors Police Chief Fire Chief Applicant Engineer File DR. ROBERT SMITH 270 MARBLERIDGE ROAD SPECIAL PERMIT FOR CONSTRUCTION WITHIN THE WATERSHED PROTECTION DISTRICT. ZONING BYLAW, SECTION 4.135 The Planning Board makes the following findings regarding this Special Permit as required by section 4 . 135 of the Zoning Bylaws: 1. The proposed use and site design for this lot are appropriate, due to it' s location in Town. 2 . Adequate vehicular and pedestrian access into the surrounding site has been provided. 3 . The applicant has met the requirements of the Town for a Special Permit as stated in Section 4 . 135 of the Zoning Bylaw. 4 . Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. This application for construction within the Watershed Protection District, Section 4 . 135 of the North Andover Zoning Bylaw, was specifically granted for construction or regrading within 100 ' of a tributary to Lake Cochichiwick. The Planning Board has determined that the proposed addition will not violate the intent of the Watershed Protection District so long as the conditions listed herein are met. The Planning Board finds under Section 4 . 135 of the Zoning Bylaw that the proposed site plan generally complies with the Town Bylaw requirements but requires minor conditions in order to be completely in compliance with Town Bylaws . Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions which shall be submitted to the Board prior to signing the documents to be filed with the North Essex Registry of Deeds. SPECIAL CONDITIONS: 1. The final plans, which shall be filed with the North Essex Registry of Deeds, shall include the following in one packet: a. Site Plan, Dated November 1989 Revised as noted in this decision All plans shall be on 24" x 36" sheets 2 . All Planning Board Order of Conditions, issued herein, are to be placed upon the recorded Final Plans, ( Cover Sheet ) prior to endorsement and filing with the Registry of Deeds. 3 . All construction shall commence within 30 days of the date of this decision, and all exterior work shall be substantially complete by April 1, 1990. 4 . A locus map shall be shown on the final set of plans. 5. All construction vehicles shall enter and exit on the left side of the house. 6. The Determination of Applicability issued by the North Andover Conservation Commission, Dated 12/2/89 , Shall be considered as part of this decision. 7. A line of stakes and construction tape shall be placed five (5) feet parallel to the existing drainage pipe in the rear of the property. The stakes shall be placed every ten feet along the side of the pipe closest to the house. The intent herein is to keep construction vehicles off the pipe, if the pipe is damaged it shall be repaired at the owners expense. 8. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 9 . Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 10. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 11. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 12 . No underground fuel storage shall be installed except as may be allowed by Town Regulations. 13 . Prior to a Certificate of Occupancy being issued for any structures, this site shall have received all necessary permits and approvals from the North Andover Board of Health. 14 . Prior to the Building Permit being issued for the structure and again prior to occupancy of the structure, the applicant shall receive a written determination from the Conservation Commission that all work under their jurisdiction is being satisfactorily performed and maintained. 15. A final set of plans shall be drawn with regard to the conditions contained herein. The Plans shall be submitted to and approved by the Planning Board prior to endorsement and filing with the North Essex Registry of Deeds. 16. 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 . cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File