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Miscellaneous - 255 MARBLERIDGE ROAD 4/30/2018 (2)
t � 1 , 4v 0o P mP4 C-OfpDfA% VVI MY/or 13SP (3 Findin 8 ❑40B APPlicaHOn filed on: c3 Hearing due On: S _ Decision due on: 6 C" l5 qoa7 Ga I (9^0'1"7 L V 1' )i.,) (t� 'VV^ &Yve� �me3 t q.'AC, U&YI +qY S /< a � 7$ - 66 a- a3 a -D C— L4 wP�rI i � (o-' le f 97q- (v3� 'rscomp fete NAZBA Application Form !ncomplete NA-ZBA Application porn Time: Ll Town of North Andover Town ©erk Imre stamp Office of the Zoning Board of Appeals RECEIVED Community Development and Services Divisi W W Fi C R i' S OFFICE 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 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. TOWN O NORTH ANDOVER MASS p ("HUSE i 13 40A, "17 Proat: 255 marbleriage Koad NAME: Colonial Village Development BEARING(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, III, and David R Webster. The following non-voting members were present: Thomas D. Ippolito, Richard M. Vaillancourt, and Daniel S. Braese. Upon a motion by Joseph D. LaGrasse and 2d by David R. Webster, the Board 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 Land Surveyor David Alves R. P. L. S. #45454, New England Engineering Services, Inc., 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 r Town of North Andover Town auk TimeSti mp Office of the Zoning Board of Appeals RECEIVED F; Community Development and Services Divisiift-M CLERK'S OFFICE `'•��,:s�� 400 Osgood Street North Andover, Massachusetts 01845 2006 APR 26 PM 3: OS Gerald A Brown Telephone (978) 688-9541 Inspector of Buildings Fax (978) 688-9542 T C *VF N OF NORTH ANDOVER MASSACHUSE ry The Board finds that owing to circumstances relating to the topography of the 255 Marbleridge Road, its proximity to a wetland resource of the Watershed Protection District, especially 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 4.136.3.60 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 Zomng Board decisions for the 255 Marblendge Road single-family dwelling and that the drainage controls can handle any drainage or runoff 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 and/or 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 notice, 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, M37.DP167 Page 2 of 2 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Gerald A. Brown Inspector of Buildings Town of North Andover Town Qerk Time Stamp Office of the Zoning Board of Appeals Community Development and Services Di RECEIVED 400 Osgood Street '"I 4CLE€ K S OFFICE North Andover, Massachusetts 01845 .Z0Q6MAR 22 ion 45 Telephone (978) 688-9541 Fax (978)688-9542 Legal Notice North Andover, Board of Appeals TOV1N 0 NORTH r�,NC�OVER P�Yr'IJP 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 4:3OPM. 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.DP16? Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Date NORTH TOWN OF NORTH ANDOVER 0 BUILDING DEPARTMENT Building/Frame Permit Fee Foundation Permit Fee $ Other Permit I 0 (,t 184) cl Bul-16ng�Inspectb-C" zBA 333 TOWN OF NORTH ANDOVER RECEIPT This certifies that .�' r,. 1.0. I"PP� a................................... has paid ...6 ...tsoz�p... 556 ............................ Receivedby ........!.� v2 ................................................ Department....................................................................... WHITE: Applicant CANARY: Department PINK: Treasurer MANN & MANN, P.C. Town of North Andover MAR i G 2006 BOARD OF APPEALS 3/16/2006 variance app. Colonial Village Dev. Corp d/b/a William Barrett Homes, Inc. 6560 150.00 Mann & Mann P.C. variance application 150.00 Zoning Board of Appeals North Andover Hearing No.: ZBA-2006-0013 Date: March 20, 2006 APPLICATION TYPE: SUBMISSION DATE: Variance Thu Mar 16, 2006 Applicant's Name: NAME: CUNDIFF, REED A& KELLY R CUNDIFF ADDRESS: 249 MARBLERIDGE ROAD TOWN: NORTH ANDOVER STATE: MA ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: Site Information: Owner's Name: NAME: CUNDIFF, REED A& KELLY R CUNDIFF ADDRESS: 249 MARBLERIDGE ROAD TOWN: NORTH ANDOVER STATE: MA ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: Work Location.: SITE ZONING: 255 MARBLERIDGE ROAD DEOSION DRAFT BY: TOWN: SECTION OF BYLAW: NORTH ANDOVER, MA 01845 4.136.3.c.11(3 GIS # MAP: BLOCK: LOT: ACTION TAKEN: 9027 1 037.D 0016 I VOTING DEADLINE: Reason for filing: Ver. From 4.136.3.c.10 for a new permanent structurern-ground pool & patio) in the Non -Disturbance Buffer Zone of the Watershed Protection District HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DEOSION DRAFT BY: APPEAL DATE: REFERRALS IN DATE: HEARING DEADLINE DATE: Sat May 20, 2006 HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: MEMBERS PRESENT: VOTE: MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTMS81998 Des Lauriers & Associates, Inc. M'ar 16 06 10:34a NORTH HNDOVER MORTf a TOWN. OF NORTH. ANDOVER ZONING BOARD OF APPEALS 9786889542 - P. 13 2006 MAR 16 PM 4: 28 VARIAN>l t� E % l 1'hj wi t: 6 a NAME: Colonial Village Development Corporation d/b/a William Ba tt Homes, Inc. ADDRESS OF APPEAL: Lar 1, 955 Marbl eri dgP Rnad, Nnrtb AndnvPr—MA Town Clerk Time Stamp Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the coning tsoara of an application as incomplete The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interesf (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The.original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 400 Osgood Street, North Andover, MA 01845 978-688-9542 fax for Community Development offices 9 t &�"-S&9§,45 BuildingDepartment 9 is 688' 9541 ' orrp oard of Appeals Office W -W 1 6 2006 80ARD OF APPEALS STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the . cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. y STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch: 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision, the. Mylar, and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. North Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office PAGE 1 of 4 Ma'r 16 06 10:34a NORTH ANDOVER 9786889542 p.14 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E Please complete all items 1 -10 below: 1. Petitioner: *Name, *Address and telephone number: Colonial village Development Corporation d/b/a William Barrett Homes, Inc. 1049 Turnuike Street, North Andover, MA 978 682 2320 *The petitioner shall be entered on the legal notice and the decision as enteredabove 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Same as above. Years Owned Land: Less than one year. 3. Location of Property: a. Street: _955 Marb1 Pri dgP Road Zoning District: R—III b. Assessors: Map number: -w 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) In order to construct a n _rma_ngnt-=structure within t_hp Nnn—ni stnrhancP Bnffpr Zone 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 dimension(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 06 10:34a, NORTH RNDOVER 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 21 154 6 C. Proposed Lot(s): xA 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 Sq. Ft. Sq. Ft. Coverage Feet Spaces 2— NA NA _125 2 7A. Existing Building(s): Ground Floor Number of Height Total Square feet Floors Sq. feet ?,iw 34_ 4614 ,Minimum Lot Setback Front Side A Side B Rear _ice _ 90 70 30 Use of Number. Building* of Units— RPci dpnti al 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 Square feet Floors Sq. feet Use of Building* Number 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 application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting 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: ; . Lam('��L.,-��//�u�-/ By Jill Elmstrom Mann, Attorney for Type above namecs here: Colonial Village Development Corporation d/b/a William Barrett Homes, Inc. MANN & MANN, P.C. COUNSELLORS AT LAW 161 South Main Street, Middleton, Massachusetts 01949 Tel: 978-762-6238 Fax: 978-762-6434 JELL ELMSTROM MANN E-mail: jilt@mannpc.com KURT P. MANN Admitted to practice In Massachusetts and New York To: Board of Appeals — Town of North Andover From: Jill Elmstrom Mann Date: March 16, 2006 Petitioner/Owner: Colonial Village Development Corporation d/b/a William Barrett Homes, Inc. Requests: Variance - Section 4, Paragraph 4.136.3(c)(ii)(3) Property: 255 Marbleridge Road, Lot 16, Map 37D Colonial Village Development Corporation d/b/a William Barrett Homes, Inc. (the "Petitioner") owns the above -referenced property known as Lot 1, 255 Marbleridge Road, North Andover, Massachusetts (the "Property"). According to the Town of North Andover Zoning Map the Property is located in the R-3 Zoning District of the Town of North Andover and also falls within the Watershed Protection District and, therefore, is also subject to the use and building regulationsset forth in Section 4, Paragraphs 4.121 and 4.136 of The Zoning Bylaw for the Town of North Andover, last amended May 2004 (the `Bylaw"), respectively. As shown on the accompanying plan entitled "Site Plan, 255 Marbleridge Road, North Andover, MA" prepared by New England Engineering Services, Inc., dated April 1, 2005 (the "Plan"), the Petitioner is proposing to construct an in -ground swimming pool and cement patio as accessory structures to :the single family dwelling located at the Property. According to Gerald Brown the Inspector of Buildings, the construction of the proposed new structures require a variance under Section 4, Paragraph 4.136(3)(c)(ii)(3) of the Bylaw. Therefore, Petitioner hereby respectfully requests that the Board of Appeals (the "Board of Appeals") for the Town of North Andover grant to it a Variance from 4.136(3)(c)(ii)(3) in order to construct a permanent structure within the Non - Disturbance Buffer Zone of the Watershed Protection District.I Pursuant to Section 10, Paragraph 10.4 of the Bylaw, the Board of Appeals has the authority to grant variances in accordance with M.G.L.A. Chapter 40A, §10.2 Based on the following, the Petitioner respectfully suggests that it has satisfied all of the conditions for the issuance of a Variance as follows: Notwithstanding, Petitioner maintains that a variance is not required and that a Special Permit from the Planning Board under Section 4, paragraphs 4.136.3(c)(ii)(1) and 4.136.3(c)(ii)(6), of the Bylaws is the only applicable requirement. M.G.L.A. Chapter 40A, § 10 authorizes the Board of Appeals to grant in order to mitigate against substantial harm resulting from circumstances that affect a parcel of land. The availability of such relief depends on the ability of the owner to prove that (1) there are circumstances relating to the soil condition, shape, or topography of the land that do not affect the zoning district in general; (2) the literal enforcement of the provision from which relief is sought causes a hardship to the owner; (3) the granting of the variance will not cause a.detriment to the surrounding neighbors or substantially derogate from the intent or purpose of the requirement from which a variance is being sought. Zoning Board of Appeals — North Andover 255 Marbleridge Road, Lot 1 A. The presence of the Watershed Protection District creates conditions that distinguish the Property from other parcels located in the R-3 Zoning District. The Petitioner is proposing to construct the pool and patio within the area of the Property that has already been cleared of vegetation and graded as a usable backyard for which a special permit and variance had been issued by the Planning Board and Board of Appeals in 2005. Copies of those decisions are attached hereto. B. The prohibition of construction within the Watershed Non -Disturbance Buffer Zone will deprive the Petitioner of the full use of the Property. Authorization to grade, alter the topography, clear the area of vegetation and provide for an infiltration system within the Buffer Zone was previously granted, see the attached decisions issuing the Special Permit and Variance. C. The issuance of the requested variance would not cause a detriment, substantial or otherwise, to the surrounding residential neighborhood nor would it derogate from the intent or purpose of the Buffer Zone. The pool and patio will not have a negative effect or increase the runoff to neighboring parcels. The drainage control presently in place at the Property is more than sufficient to handle any drainage or runoff from these new structures and will not be negatively impacted by the proposed construction. CONCLUSION: Based upon the foregoing and consistent with the existing special permit and variance granting the Petitioner the right to develop the Property as a single family home and to change the topography of, authorize the removal of vegetation from, and to allow surface and subsurface drainage within the Property pursuant to Section 4, Paragraphs 4.136.3(c)(ii)(3) and 4.136.3(d)(iii)(2), 4.136.3(d)(iii)(3), 4.136.3(d)(iii)(5), the Petitioner respectfully requests that the Board issue a variance from 4.136.3(c)(iii)(3) to permit the construction of the pool and patio as shown on the attached Plan pursuant to its authority under Section 10, Paragraph 10.4. S:IBarrett (Marble Ridge Zoning) 2006-221variance request.doc BK 9750 PG 268 Tom of Naft A=fww, MA�JUACo�n* Offift of aw, ftming Or.1%, . MURUY Mv I apisma—ft &M ftwim DkW= N" 0" A fl: boal/wWwwahadbWOMM Town Plano A P(978)604M This Is M*#*= CM dip nava OWPW fan dlkb dod@W. fM Any ((2�0) fllkvofwithin days UAW the BMdWIWW deme of filing d" Notice m the office of the Town Clads. Darr August S. 2003 Date 4OfHMftw May 3 -July 19, 2005 PedtM Of Bdford ConstIvedim Imo 1049 TuMpUft SOVO9 Nonh Andaw, MA 01MS ,Pnwabn AffetW-. 249 hbrbkwklp Road, Nortb Andawo MA OIW Map 37D, Pared 16 Rdwh* to the above petition with provision ofKG.L. Chapter 40A, Section 9, 11, dt SaWou-4.136,10.3 of the North Andover Bylaw for aWdented SpecW Pe s sonto allow for the spHtW* of existing 71,309 &f lot into two kKk raids sedating *& hmoy home and contrixt two now single fim* home with dnveway and appuctatances Pi opety is located within the R-3 zonb* &*ict. At a pAHc heating given on the above date, the Planting Board voted to APPROW a WaterWW Special Pe rmh upon a motion made by Alecto Angles 3M by James Phimey with Intow as amended, vote was unanimoto 4-0. S4ped: Lincoln DOM Town Plower cc: Apoicant En&w Abuftw Town Dqwftab Ricbud NuMs, Chair= JOIM smoss, vice Chak James PhiwW, act Alberto AqO% ATTEST: A True Copy Town Clerk WARD OFAMU36911-011 MMUM60JM a"MATOMU"M WATHU"M RAMM OSOM -,O Wit= BK 9750 PG 269 ' Jabrls,� The rmnft Board m k a the following fInOW SOPW Sine Wplicatbn of Be1Rnd Cartabe l^ 1049 Ttutq om Steed, Nodh Andover, MA 01945, filed osn April 1, 2005. The mm AS "m A is bubd at 249 MwbkMV RaW in the R-3 Toning Dim Meg 37D, Lot 16. TbO Late 16.1 ind 16-2 was asdW is 2005 end toe v4aa to the Weal ed Pry Dkbict pmvislm for bts nailed 4W October 24- 1994. Tho applicant is rapinting a Wak relmd Special Permit to rasa Ilei "Imming oeside" d"Ifing #ad WrAbuct two single -Broil► dwelling units, mWialed driveway& dee kAMW t of trttdarStotatd mdrAm end VW4 A will be ba bd within dna C=mvilfm Zoo (wWai 75'N Non-i)ispabonoe Zoao (75' to ISWN and Noor-Diselw Zone (150' to 400') of delineated wend r m 0 10 trees in the Walmdod protw im District. A Variance was puled au lues 17, 2006 by do Toning Bond of Appmals b Am the proposed ac ivida to take place within the Cin Zotm. A 1a sow donm with 4.136 the Planning Board e.kas to sums that the bin t of the Byltw, a Oren of is sp@d& criteria, aro met. Spm"t'the Bomd mdm Site folbwb* IMOGS OF FAC r 1: 7W as a msuk of the proposed cora buctim In .aor11uanctbn wi* Odw Um Hamby, dneee will ad be mw sigaifxW degradtdon of the quaff or qum tky of Weser In or aft ft Lab Cocit earviak. 'tire Ptaming Bond bases thin 1tndWS on du lblbwiag bin U) The two sirq;k.&mily dwellings will be cmwctmd to do Toys smw.gowm b) A load renricsion will be placed limiting the types of ferul=e that can be =Won task c) The topognrphy of the Site will to be ah"Id aftft lly; d) The IU& of clesracg is restricted to tlto minimum tnooeaaary to oortste" Sire Mumma' V' Wig, rad appurkmacm• e) Cwt has been Inveided by a regislemd pr+alhaaiornl engitre'r d9 to A&Vtk a will not have an effect on the gctaiity or quaft of mnaffamft the waged psotecdon distal&, and 7becon*uoimhubmmvWvmdbyftToWsfmorm&Wvftte �plia0lon aithe erosion amat+ol and me of mWic law o tnWn feIMUM them will be m degtnht m b the geUft or quantity of wdw in or scaring Lab Cochin newick or tiny weft& 2. Thera is no reasoaabic shumd" bcdim outside dw Cartaervatloo, am Nan- Dis bwr Buffer Zooms for tmy dwdwv, strtrcrue or activity. In mmla w widr S@Wm 1031 of the Node Ambm Toning BYWw, dw Ptarmiag Bond snakes ere foraMng !'MV4GS OF FACT: 1. The specific dtt is an oppmpriO location fair an propelled use as all fm1ble storm wow and OPOem c m*ob have been placed on the Sita The pegpoml has been reviewed by dna Town's *aside o* I Itktg enginaar, VHB, io ensure that adequate dxmwoeroo kb a me in place; 2. The use will not advasaly affect Sine rm*bodwW as Anne tot is Wedod in s reitdenttial sone; F 3. 'liters will be no nuisove or seAWS hazard tc vebkks Or pedeWWW •,I WARD OF APPEALS 4{{•9541 alJu. XNO U6450 COMMVATnOt'I 6 &SM ntULIN "MM PLAwnW Ni ill�> BK 9750 PG 270 Watss� Spoe>a14�! Jely So 2009 4. Adequae and apprepriaft fecilities are pnwidod for do proper operatiolt of do propnaad use. MID houl" will be serviced by sew and 1edOgMtad udlitiea forek9bic Dobie tutdtekpltotte tteavieetr S: The Planning Board also melte, a sit ecifrc finding thm the rue kin harmony with the gene W purpose and inkit of the North Andcwer Zoning Bylaw. The North Andover Zm tf :Hoed of Appeals granted a Variance on June 17, 2005 fmm: Section 4 Peng* 4.136(CXii)(3) in order bD cortt>erttct two new pama wd ervctum within the Nom-DhndwM BuAiw Zorn; Section 4 Paragraph 4.136(d)(iiti to allow changes to the to"sp iqr within the Catsmvatian Torre. Section 4 Paragraph 4.136(dxiity(3) to allow veppative removal within the Conasrvadoe Zone; end .Sa fm 4 Parttg* 4.136(dxiii)(5) to .. - .alb* -surface andaubsurfia.dminege far the driveway of do proposed Nelling widtin she Conservation Zoe; Upon r+mch ng the W)M fudings, the Planning Board approm this Special Permit bmd upan die hollowing CONDMONB: 1) SYECiAL CONDlMM a) The Tawe Plamwr WWI appmve airy' chaWs made 0 thee plana. Airy chmVes deemed arlmhudlel by rhe Town Piarawr would regWm a public haft and moditiestiot by dw Planting Board fbr the watershed sp W permit attdlor the Zoning Board OfAPP" for the MUM., ; - - b) Ermioa Coated mor. 'Tiro appUcw must tarsen the amvioea of art Bron = Cor*d Monitor ID inspect the site truing clan ectivkimh srectftordly during inslaliion of the driveway AM utility wmIectiarn. The Lm" CoWd Monitor *A conduct waft hIspecdous and provide a monthly wrmen report of the ale conditiorra and reowenerded stabilizidw messwac Disturbed slopes, triad be kmwd9a* gadded; and c) , The shoo-funily dwellings mum contain a resWetnial tiro gxbWer system. The phrro and k dmdia calculation for each rea'rdertial Woom shall be submitted for review and appxoW by the North Andover Fine Department. Plans and Wmdic calcultbions lbr eels residoM sysetn mut Aw be supplied to the Building Dint. d) Sto mwatar merogement mrtrctttres auut be mWnWned in perpoluity, by the bar wivras. Z) P'1iIOR TO ANY WORK ON SM. - a) A pmformarroe gutmmtee of three tboasu d dollars MAW in ON form of a check mede out to the Town ofNorth Andover must be posted to hmn that owns ucliort will tdw phos In a000edartee with the Plans and tate coWhkm ofdtis dedslon and to enim that the u4ndk pouts will be snbmited; b) The docbW must be filed with the North Eftex Registry of Deeds. One cerdw copy of the recorded decision must be submitted to the Planning c) Erosion controls as shown o1 the rvfaenced plait mum be idled and must be mviewed and approves) by the Town Kamer, d) The site dull have received all necessary permits and approvals from the North Andover Coisertimion Commission, Board of H+aridr, and do Deperpnent of Public Works and be In compliance with the above permits and appmab; and 90ALlD OF APPEALS 6lLAl:1 sUILDM U&MS CONSERVATION 683MA WALTH 6!44M PLANNMB G"3! BK 9750 e) Watlmd resource art bovtdaaay f1w OW br in pkce mW revk*vd by fare Town Mmm. MM TO ii1LSUAItiCE OF A NM DO(G POT: P8'271 t) No pee icidm, fbrdlWn or faoictb sheen be used in lawn care or mbftfmm TM t da be- poen- tMm cwAldoa ar s #red rreterletitet iad a n9 of do rratrir 1 deed sial) be mbsaitbd to tbs Tom !bosom wid he dobd le the fk b) The aeasidwWW f1m sprinkler aysomn rasa be inseslled in awordffm with rrkr+�rd sdnd•td NFPA 13D and in swordmoc with 7114 CMR, MOW 9 of dw MUWAhmb Stets Bunding Code. cwemdlm flat fhr ai *m hoe been Willed . io araoahm mitt die at wm 'eras -,d mpIdioaa maw be pnarvided Am both Ow North Animw Fbe Depntaia" and dw North Andover Build* Depa bnm to the spplicm. The mWks d moat don provide 4116 certification to the Notch Andowar Pbmrheg Depot MC c) The Pk=iq Board man mdorse the &W am plan wykn and Ihm coon at** dined plass gaud delivered to the Plaguing Deparb mIL 4) PIi M Tt) RRLdI M OB T1ifE ) RMANCZ BDi+IDr a) nm aipplierottt OWI submit an as -built plain by a ice .0 a I Prth■iaatl Engem ift Mossacbraetts fMet alum ati coffin, lmkx ag gum mitipdw mraeatra and Odw puti w sloe fsdwear. Thle s plan shall be aaaubmbbd to do To" Manan' fm apprMAI- no app%*d num wait is coctIftfin few the daiaigear atgi mr flat the site *u MMUw!as shown on thr teppffim plain; b) The plmmft Bind next by a raorgcr* vow nuke a Boding sand the site is in w0fam"m wit thea qp'omid &L In goo uasnanoe shalt than appliaan ft ptoposad be thawed tea fiadrer it gad tiro sib cdtAN'than as prppoaed an the PIN rid in Condition slat d? No open braning da be dans ==pt ma Is peeornitiad d wft bwaft nssoda the "m Depattmd rop. 7) The Cotar&csor *all oontarat Dig Safe at kaet 72 hm n prior to Qmrmn@ncb g WAmVatiar. i) Tho: pmrirkm of that carr aW #;proud shall W* to ad be bWft upon do spplia d,` its wVloym grad all naecceeaoers and =40 in We Pit or 9 m 1 1 - 9) This pwmif sWI be cbm nevi to hm lapsed alkr atwo- (2) year period imm dodo)* 19,2M cm which ft Special Pa mit wan issued, tan IM tfubaantW ate or Cott hoe i0) This dwision must be filed wkb dw North Eau Registry of Dada. Tht WWWing irlfastion b inchadW as part sof this deercis m: Pian titled: site Plan 249 Mwbkridge Road North Atdow, MA Asse mon Map 37D, Pam 16 pMwW for. Bcftd CmMwd a, lnc. DDARD of APPEALS GU 0511 DL DW 994M CMUVATMN U1140 HIALTH 604M KAMM pay M •,�. ao.a BK 9750 PG 272 w• a spww ftm* 100 TWOM Sbw Nw&An&wwMAOI$45 prepOad by: New&Wnterins Service, Inc. 60 deed"wD&C North Aramer, MA 01845 Scale: 1"- 20' She cts: 1-4 Di April 1, 2005 Co. czrdwvoion Adm Director of Public Wow Haelth AdmWSOMOr Buildntg Dior Police Chief Fire Chief Applicant EnBieww Abutters Asp . DPW File roan oW ApMAU i suiwM4G "&-"4s coNmVATMX30 MALTM O&WO KANNae3 U"M 8K 9750 Pb 273 Town of North Andover Torna�n�t Community Development and Services Division Office of the Zoning Board of Appeals 400 Osgood Street North Andover, Wwachnmetts 01845 D. Robert Mcft Building Cor MUSiorer Any appeal eball be Sled within (20)4i p after dse dace of ffliog 'of this notice in the office of the Telephoto (978) 6SM541 Fax (978)6U-9342 rn� rs a erotare�►t2o)days , hon smpad iron date of ...... q, fled Neft of D "Dano an a Year 2005 l7 L o Town Cleric, per Masa. Gen. L pit. > 40A, 17 at: 20 Marblarldso Road { NAME: Btslibrd Cam, fie„ MS): May 12 & ime 14,205 1049 Nw& Andovw ADDRKM for prealum at: 249 Read PETITION• 20eSM Notdn Andover, MA 01843 1 'IYPM DATE: luno 17,2005 no North Andover Hoard of Appeals held a public hearing at its Maw in the Town Hall tap mar meeting room,120 Main Street NW& Andww, MA an Tuesday, lime 140 2005 d 7:30 PM upon the applic af= ofBdford Consorutd^ Inc., 1049 Turnpaw Strout, Nott Andow, far preinh a at 249 MsrblerMp Road, Nm* Amer requestmg a Vvia: a from Section 4, AatgPWh 4.136(3xc)(iix3) tbc. Zoniitg Hylaw in wJw to croskW a ttew permet3 mi teaacttttt: within the Nit-DiiWrbo= Huffier of the Watershed Protection District. Said preamiscs aBe ted are property with t$ootme on de went W Msrblaridge Road within the R-3 zoning district. The original legal noticed were WWidwd in the Baggy TriWuw on AprU 25 & May 2, 2005. Amended k9d notices for Belfied C*&$&W for, Iat:.,1049 Twnpke Strod, Worth Andover, fit premises at; 240 Marbleridge 0864 North Andover t+egoesdttg a oz Variance from Section 4, Paragaph 4.136(3Xc)(d)(3) of the Zoning Bylaw in metier to MWIruct a n►_ t pwmwx t structure within the Noa-Di turbeace Buffi r Zane of the Wseoeshed Prot tom Dielrict. TIS;:, applicant has mended the Variance applies to include Paragraphs 4.136(3)(4)(llf) ). rn 4.136(3XcWH)(3} and 4.136(3xd)(i iX5). Said pmrnisae affected noPMPOY witb frottage m the Wes side of Marblaridge Road within the R-3 mooing district; The amended legal notice wasthe (112 FaW*:Mbune an May 30 & June 6, 2005. pnWlsltad . m The fnllowiag Voft members were ptaacat: EOM P. MclOM Joseph D. I a0za ae, Rkbwd J. Byw% Tho sas D. 1ppnliI% ad Rkbard M: VWllwocourt. The Wotviag =U-VWq membM wt= present AFMI P. M=4 III, sod Darid R Webster. Upon a motion by Richard J. Hams amd a by Joeaph D. LaGaadae, the Hoard voted to GliA1 T a - Varime &stn Section 4, Pangrqt 4.136(3xcXii)(3) in aft to etmtWM mo new parmtment within the Non-DWwbmmoe Buffer T.eae of the Wd acted Ptotoc m Dire and ft=4.136PXMWM to aRow changes to the tom, 4.136(3Xd)(iitWX to allow vgpbdw rem ml, and 4.136(3Xd)(liix., to 211ow surfaec and tasartaae (awak and PVC pope) for tate drirnmvtty 0f dba Pivpoled Dwdit Silt Elco. 104.00 within the 75 fact Plananu Board CQUIUVa bou Zm% of the Za tti Bylaw per Variance Flan 239 hbzbkn* Rood, North Andover, MA AaiaUM Map 37D. P=d 16; P;m or' for Behold Ceram, Inc., 1049 T WEPUM Sundt, North Andover, MA 0180, April 14,200 by Bmiamin C. Osgood, Jr., Rcginerad Pm&sdousl Civil Enter #45091, New Hugland P. SeYvicM %, 60 Bcochwocd Dtiva, North Andover, MA 0l $43. Vbftg in fbvnr: Elim P. Mclntj% JgMb D, LaChmale, Richard J. Byers, "mm D. WobW, and Richard M VaaMmootut Page 1 of ATTEST: A True Oopy Town Clerk Board of Appeals 97& 688-954I Wilding 979-68&9545 Comwvadw 97$*WJ30 HuM 97"=4540 Phoft M68"533 BK 9750 PG 274 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division i 400 Osgood Street • North Andover, Massachusetts 01&!5 D. Robert Nrcxta Builditrg Ca�n�lasioner Telephone (978)688-9541 Fax (978) 68&9542 The Bard inds that the appIkent has 396fied the provisiau of section 10, paeagraph 10A of the Zoning Bylaw in dud the Wart a( M V:rb= will not advarseiy Aftd *0 ne38hboeho4 dW *0 "009 tqr of this parol and the proposed control by tr+miraent swale% caddy beauty, aid roof drain int b atim areas wid not increase rwwffto neiBhboeing parcels ar to MWbiaeid®e Rord or d 11 Am the intent and purpose of the Zoning Bylaw. Finiko m+e. if rho riglm au&=iaed by dw Varimm xre not amcised wftk me (1) peer of the daft of the grant, it dull kpe, and may be r� anly atter notim and a now hearing. Furdteaxsorer Ifs, special Panto granted under the provisions touted Win shall be dwi ned to bave lapsed afar a two M year Period fra®t dm date an whish the Spwial Permit was gaited =I= snbotanddm a ar mobrucdon has oamma=4 it ftH kpa sod may bre reistoWimlied a* arta notion, and a now hearing. Town ofNardt Andover Bwod of Appeals, 94 Erten P. bftbI)re, Obab DaWan 2005-009. 107MIC Pap 2 oft Bowd of:Appd Js 978-688-9141 Buikikg 9781x93-9545 Consam w 978.6 -9530 Hearth 97B6R"540 pruning 97944535 r BK 9750 PG 275 V MASSACHUSETTS QUFTCLATM DEED BELFORD CONSTRUCTION, INCORPORATED, a Massachusetts corporation, with a principal place of business at 85 Johnson Street, North .Andover, Massachusetts, for consideration paid of SEVEN HUNDRED SIXTY THOUSAND and 00/100 ($760,000.00) DOLLARS grants to COLONIAL VrLI..AGE DEVELOPMENT CORPORATION d/b/a WIIj.JAM BARRETT HOMES, INC., of 1049 Turnpike Street, North Andover, Massachusetts 01845 with QUITCLAIM COVENANTS r; ; LU Two. certain parcels of land with the structures thereon, in North Andover, Massachusetts, bang shown.as Assessors Map 37D, Parcel 16-1, containing 34,443 square feet of land more or 1 Assessors Map 37D, Parcel. ' P containing 37,163 square feet of -lanai more or less accordfil�'to plan entitled "ANR SUBDIVISION PLAN 249 MARBLERIDGE ROAD NORTH ANDO a ASSESSORS MAP 37D PARCEL 16" °- -� prepared for Belford Con,muction, Inc. by New En$1,bd i Engineering Services, Inc, 60 Beechwood Drive, North Andover, MA 01845, dated May 11, 5, > Scale 1" = 20', recorded herewith as Plan No. of 2005. This conveyance does not represent a sale or transfer of all or substantially all of the assets of the corporation in Massachusetts. For title, see Deed dated January 25, 2005, and recorded with the Essex North District Registry of Deeds, in Book 9394, Page 275. LU co .g> �r lr � dF I BK 9750 PG 276 IN WITNESS WFUMF, the said BELFORD CONSTRUCTION, INCORPORATED, has caused its corporate seal to be hereto affixed and these presents to be signed in its name and behalf by MARK F. RAE, its President and STEPHANIE R At' it Treasum' this 6th day of September, if 5.b BELFO CONS N, INCORPORATED By. L Mark F. Rae, Pre si ent By. Step .e Rae, Treasurer COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. On this 6th day of September, 2005, before me, the undersigned notary public, pally appeared MARK F. RAE, President as aforesaid and STEPHANIE yevidence f RAE, Treasurer as aforesaid, proved to me A through satisfactory oidentification, which was preceding or attached document, and acknowlto be the persons whose names are signed on the purpose. edged to me that they sjVW it voluntarily for its stated Notary Public ' My Commission Expires; JOT. BEY NOTARY PUB= Commonwealth otjit My tan August J, IOd9 Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Ustinq REQUIREMENT. MGL 40A, Section l l states in part "Parties in Interest as used in this chapter shall mean the petitioner, f abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning % board of the city or town, and the planning board of every abutting city or town." Subiecf Property: MAP PARCEL Name Address 37.D 16 COLONIAL DEV.CORP. 249 MARBLERIDGE ROAD, NORTH ANDOVER, MA 01845 Abufters Properties Map Parcel 37.D 15 Name 1 ddress Katherine Morgan f -tier' 40 Marbleridge Road, North Andover, MA 01845 19-0[9 37.D 14 Joseph Averka rek'rnP :260 Marbleridge Road, North Andover, MA 01845 37.D 13 Jean Smith L -VO Marbleridge Road, North Andover, MA 01845 37.D 17 John Fox VZ25 Marbleridge Road, North Andover, MA 01845 37.D 18 Ridgewood Cemetery L,4'O. Box 22, North Andover, MA 01845 37.D 36 37.D 11 George Kafides vA65 Salem Street, North Andover, MA 01845 Jerrold Beeneytyt _255 Salem Street, North Andover, MA 01845 37.D 38 Eleni Woods -O. Box 221, North�Andover, MA 01845 37.D 39 David Plamer \,284 Salem Street, North Andover, MA 01845 37.D 43 Robert Olepio ..300 Salem Street, North Andover, MA 01845 37.D 4 Robert Olenio 92 Salem Street, North Andover, MA 01845 37.D 5 John McLoughlin .._�,. � 27 Salem Street, North Andover, MA 01845 This certifies that the names appearing on the records of the As ssor Office as of Certified b : Date -7 03116/2006 10:07 9786822397 WILLIAM BARRETT HOME Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT. MGL 40A, Section 11 stifles In part'Parties in Interest as used in this chapter $hall mean the potRioner, abutters, owners of kind directly oppositeon any public or private way, and stutters to abutters wfthln three hundred (300) feet of the property One of the petitioner a$ they appear on the most recent applicable . tax list, not withstanding that the land of any such owner Is located In another cfty or town, the planning board of the city or town, and the planning board of every abutting city or town, Sub ect Propen PAGE 10 V4 MAP PARCEL Name Address 37.ID 1 G COLONIAL DEV.CORP. 249 MARBLERIDGE ROAD, NORTH ANDOVER, MA 01845 Abutters Propert'es MaD e4T&I Name Address 37.D 15 Katherine Morgan 240 Marbieridge Road, North Andover, MA 01845 37.0 14 Joseph Averka 260 Marbleridge Road, North Andover, MA 01845 37.D 13 Jean Smith 270 Marbleridge Road, North Andover, MA 01845 37.D 17 John Fox 225 Marbleridge Road, North Andover, MA 01845 37.0 18 Ridgewood Cemetery P.O. Box 22, North Andover, MA 01845 37.D 36 George Kafides 265 Salem Street, North Andover. MA 01845 37.D 11 Jerrold Beeney 255 Salem Street, North Andover, MA 01845 37.D 38 Eleni Woods P.O. Box 221, North Andover, MA 01845 37.1) 39 David Plamer 284 Salem Street, North Andover, MA 01845 This certifies that the names appearing on the records of the Assessors Office as of Certified by bate Mar 16 06 10:34a NORTH ANDOVER PAGE 4OF4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points, A -F, are required to be addressed with this application. A. The particular use proposed for the land or structure. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or. a proposed change in use. 10. A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: I) five (5) or more parking spaces, It) three (3) or more dwelling units, III) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. 9786889542 P.16 VARIANCE *10. B. *Plan Specifications: I) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1 "=40' II) One (1) Mylar. II1) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5, abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants.proposed structure 7. deed restrictions, easements. II) Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. . Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer of surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk (*). In some cases further information may be required. 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760-4841" for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37¢) x.the # of parties of interest on the abutter's list for the decision mailing. 11. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies for the Legal, and one copy for the Decision mailing). 11. C. See 2005 Revised Fee Schedule. ► A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted. -4 03/16/2006 11:28 9786822397 WILLIAM BARRETT HOME PAGE 01 MEMO TO: Mary.1ppolito, Planning Assistant cc: Lincoln Daley, Town Planner FROM: Gerald A Brown, Inspector of Buildings' DATE: March 1, 2006 f SUBJECT: 249 Marbleridge Road petition tb the< lousing Board 249 Marbleridge is within the non -disturbance buffer zone and will require another Variance from 4.136.3.c. 0 _.."Construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals." 2.68 Structure - "Means a combinations of materials to form a construction ... inclu,ding, among. others... private and public swimming pools..."