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HomeMy WebLinkAboutMiscellaneous - 255 MARBLERIDGE ROAD t r IORI'Fr °:st :°•""� Town of North Andover to Office of the Planning Department I~CElVED q : p (1'/,H C rR 'S OFF[cr Community Development and Services Division CHU Osgood Landing 2006 MA y 15 p 4 0 1600 Osgood Street Building#20,Suite 2-36 T �41�1 t) Lincoln Daley North Andover,Massachusetts 01845 NORTH Town P1,inner P(978)688-9535 1'' A S S A C� l:iS17 F(978)688-9542 NOTICE OF DECISION Any appeal shall be fled within (20) days after the date of filing this notice in the office of the Town Clerk, Date: May 8,2006 Date of Hearing: 3/7,3/21, 5/2,2006 Date of Decision: May 2,2006 Petition of: William Barrett, Belford Construction, 1049 Turnpike Street, North Andover,MA 01845 Premises Affected: 255 Marbleridge Road (Formerly Lot 1, 249 Marbleridge Road North Andover, MA 01845, Assessors Map 37D, Lot 16 located within the Residential 3(R3)Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Section 4.136 of the Watershed Protection District. 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, bawl upon the following conditions: Signed on behalf of the Plalming Board Lincoln Daley,Town Plating Planning Board Richard Nardella,Chairman John Simons,Vice Cham 7nan Alberto Angles Jack Grew Richard Rowers,acting Clerk cc: All Town Deprtnents BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 i 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 rTurnpike trees North Andover MA 01845 Barrett, Belford Construction, Inc.,Inc. 04 1 9 T rn u p e S , 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 Dion-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: 1. 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. d. The topography of the site will not be altered substantially. 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. 2 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.ii.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: I. 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 WORD.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 matintamed throughout the duration of the project. 3 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 PERMIT: 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 submit an as-built plan stamped by a Registered Professional Engineer or Land Surveyor in Massachusetts that shows all construction, limits of disturbance, existing topography, storm 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 eP aPP ISP certification from the design engineer that the site was constructed as shown on the approved plan. 4 r 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: I"=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 5 rOf NORT`�O Town of North Andover Town CterkTmwStamp Office of the Zoning Board of Appeals R17CEIVED Community Development and Services Divisio rfl t: [ .. `,1i' ���"F T .y'Ssus tom, 400 Osgood Street North Andover,Massachusetts 01845 2006 APR 26 PM 3. 05 Gerald A.Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 NORTH T W 0 MACHU S ` T S Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, §17 Pro at: 255 Marbleridge Road NAME: Colonial Village Development HLARING(S): April 11,2006 Corporation,d/b/a William Barrett Homes,Inc., 1049 Turnpike Street,North Andover,MA 01845 ADDRESS: 255 Marbleridge Road PETITION: 2006-014 North Andover,MA 01845 TYPING DATE: April 21,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120RMain Street,North Andover,MA on Tuesday,April 11,2006 at 7:30 PM upon the application of Colonial Village Development Corporation,d/b/a William Barrett Homes,Inc., 1049 Turnpike Street, North Andover,MA 01845 for premises at:255 Marbleridge Road,North Andover requesting a Variance from Section 4,Paragraph 4.136.3.c.ii.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. Said premise affected is property with frontage on the West side of Marbleridge Road within the R-3 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on March 27&April 3, 2006. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P. Manzi,111,and David R. Webster. The following non-voting members were present: Thomas D. Ippolito,Richard M. Vaillaneourt,and Daniel S.Braese. Upon a motion by Joseph D.LaGrasse and 2"d by David R.Webster,the Berard voted to GRANT a Variance from Section 4,Paragraph 4.136.3.c.ii.3 of the Zoning Bylaw in order to construct a new permanent structure,an in ground pool&patio,within the Non-Disturbance Buffer Zone of the Watershed Protection District,per: Site: 255 Marbleridge Road,North Andover,MA 10845 Site Plan Title: Site Plan,255 Marbleridge Road,North Andover,MA,Assessors Map 37D, Parcel 16,Prepared for William Barrett Homes, 1049 Turnpike Street,North Andover,MA 01845 Date(&Revised Dates): March 16,2006 Registered Professional David Alves R P.L. S.#45454,New England Engineering Services,Inc., Land Surveyor 1600 Osgood Street,Building 20,Suite 2-64,North Andover,MA,01845 Sheet/Drawing 1 of 1 Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and David R.Webster. Page 1 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Town ae&TimeStamp 3} Y Office of the Zoning Board of Appeals r- ECEIVED =; Community Development and Services Divis]OW N N EP " O �F I C" 400 Osgood Street S�CIP15t North Andover,Massachusetts 01845 2005 APR 20" PM 3: 0 Gerald A.Brown Telephone (978)688-9541 Fax 978 688-9542 T Vs 1 Inspector of Buildings ( ) NORTH AND- VE MASS us t The Board finds that owing to circumstances relating to the topography of the 255 Maibleridge Road,its proximity to a wetland resource of the Watershed Protection District,wally affecting this land but not affecting generally the R 3 and the overlay Watershed Protection District in which it is located,a literal enforcement of the provisions of Section 4.136.3.c.ii.3 would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds that that there was no written or spoken opposition. The Board finds that the applicant complied with the drainage control requirements of the existing Conservation Commission,Planning Board,and Zoning Board decisions for the 255 Marblendge Road single-family dwelling and that the drainage controls can handle any drainage or nmoff from the pool or patio structures. The Board finds that the proposed patio and pool will not have a negative effect or increase runoff to neighboring parcels. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Watershed Protection District's Buffer Zone of the North Andover Bylaw. Note: The granting of the Variance andlor Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after Mice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established,only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.Mc ,Chair Decision 2006-014. W7.DP16? Page 2 of Health 78-688-9540 PI 978 88-9535 Board of Appeals 978-688-9541 Building 978.688-9545 Conservation 97"88-9530 Hea 9 Planning +..... Town of North Andover Town Clerk Time Stamp Office of the Zoning Board of Appeals Community Development and Services Di ECEIVE 400 Osgood Street : 0 North Andover,Massachusetts 01845 =2006 MAR 2 Z A 10: 4 5 Gerald A.Bron Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 TO V1 1 0i NORTH 0]E; Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 11th of April 2006 at 7:30 PM to all parties interested in the application of Colonial Village Development Corporation, d/b/a William Barrett Homes, Inc., 1049 Turnpike Street,North Andover, MA 01845 for premises at: 255 Marbleridge Road, North Andover requesting a Variance from Section 4, Paragraph 4.136.3.c.ii.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. Said premise affected is property with frontage on the West side of Marbleridge Road within the R-3 zoning district. Plans are available for review at the office of the Board of Appeals office, 400 Osgood Street,North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on March 27& April 3, 2006. Legalnotice 2006-014. M37.DP 16? Board of Appeals 978-688-9.541 Building 978-688-9545 conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Mar 16 06 10: 34a NORTH ANDOVER 9786889542 P. 13 2006 FIAR 16 Phi 4: 26 S.1[N 5 t� TOWN. OF NORTH ANDOVER VARIANCETt } ZONING BOARD OF APPEALS ♦pig;i r C NAME: Colonial Village Development Corporation d/b/a William Barrett Homes, Inc. ADDRESS OF APPEAL: Lat_1 , 9S5 Marb1Pridgg- Road, Nnrtb Anrayar- MA Town Clerk Time Stamp Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty U days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest (abutters) and The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. in the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A § 17,within twenty (20) days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. STEPS: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1) original and ten (10) Xerox the decision,the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 Office to be certified by the Town Clerk with the time Common St., Lawrence MA,and shall complete the and date of filing. The original will be left at the Town Certification of Recording form and forward it to the Clerk's Office, and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building the Zoning Board of Appeals secretary. Department. ................................................w..............,.....u.u...../..............................................................s...............................................c............. , IMPORTANT PHONE NUMBERS: North Andover Town Hall 978-688-9533 Office of Community Dev. & Services 120 Main Street 400 Osgood Street, North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 9 08.9541 Zonin Board of Appeals Office PAGE 1 of 4 Mimi 16 2006 BOA-\&.D OF APPEALS Mar 16 06 10: 34a NORTH nNDOVER 9786889542 p. 14 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E Please complete all items 1 -10 below: 1. Petitioner: *Name, *Address and telephone number: Colonial Village Developm t Corporation d/b/a William Barrett Homes, Inc. 1049 Turnpike Street, North Andover, MAI 978 682 2320 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: ame agi above Years Owned Land: Less than one year. 3. Location of Property: a. Street: 255 Marbl Pri dgP Rnad Zoning District: R—III b. Assessors: Map number: 37 n Lot Number: 16 c. Registry of Deeds: Book Number: 9750 Page Number: 275 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 4, Paragraph 4.136 (3) (c) (ii) (3) of the Watershed Protection District *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building commissioner. 5. Describe the Variance request: Petitioner is seeking a variance to construct an in-ground pool and patio with the Non Distrubance Buffer Zone of the Watershed Protection District as shown on the attached plan. The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant The decision will be limited to the request by the applicant and will not involve additional items not Included above. 6A. Difference from Zoning Bylaw requirements: Indicate the dimenslon(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft_ Sq, Ft. Coverage Feet Spaces Front Side A Side B Rear A. % B. % Mar 16 OE 10: 34a NORTH ANDOVER 9786889542 P. 15 Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 34,445 NA NA 128.44 2 75 21_ 28 _ 54 6 C. Proposed Lot(s): NA Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25— NA NA_ _125 _ _2_— in- _20 _20 in 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units*" 2307 9 34 4614 Racidpnrial dwelling 1 *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 7B. Proposed Building(s): NA Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** *Reference Uses from the Zoning Bylaw&Table 1. "*State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every II supporting application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish a s pp ort g documentation with this application. The dated copy of this application received by the Town Clerk or the zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature ` � G ate• By Jill Elmstrom Man, Attorney for Type above name( here: Colonial Village Development Corporation d/b/a William Barrett Homes, Inc.