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Home My WebLink About2025-10-07 Recorded Decision - LSPR k cl yx, Town of North Andover Office of the Planning Department Community Development and Services Division 120 Main Street North Andover,Massachusetts 01845 NOTICE OF DECISION LMTED SITE PLAN RIEVIEW This is oertify that twenty(20)days have elapsed from date of decision Date: October 71,2025 without filing of an appe Data I r%,--;4;1* Date of Hearing.,, September 16..,2025, Carla pawns Nar-ren October 7,2025 Town Clerk Date of Decision: October 7,,2025 Petition of: Marble Ridge Farm LLC(d/bla Marble Ridge Winery) 11 Marbleridge Road North Andover,MA 01845 Premises Affected: 11 Marbleridge Road and Map 037.0 Lot 56 North Andover,1VU 01845 Referring to the above application for a Limited Site Plan Review under MGL Ch.40A Section 3 and Article 8,Part 3 Site Plan Review and Article 10 Administration Section 195-10.7 of the North Andover Zoning Bylaw. Applicant proposes use of the property to grow grapes,harvest grapes,and the production of wine. In addition,accessory uses are proposed.-, guesthouse overnight rentals,wedding showers, rehearsal dinners,other celebratory private events,on-site parking,and wine tasting. The site is located in the Residential I zoning district. After a Public,hearing given on the above dates, and upon a motion by J. Simons and 2Ild by S.Kevlahan to APPROVE the Limited Site Plan Review decision as amended and subject to the following conditions.Vote was(5-0)M* favor of the application. dean Enright On behalf of the North AndoverT1afiniqgr Board Eitwi Goldberg,Chairman Sean.Ke.Vl ahan Peter Boynton J,oh,ri$rh ons Kate.-,-TK I I y ATTESP. A True Copy k4 W.4 to.tt. ., Town Clerk 101 18425 Pg206 #19082 I I Marbleridge Road and Map 037.0 Lot 56 r.u"nited Site Plan Review Farm Winery October 7,2025 The Planning Board herein.APPROVES the Limited Site Plan Review decision to allow for the use of the property to grove grapes,harvest grapes,and the production of wine. In addition,accessory uses are approved: guesthouse overnight rentals,wedding showers,rehearsal dfir mers,other celebratory private events,on-site parking and wine tasting. The site is located in the Residential I, zoning district. The Project is located at 11 Marbleridge Road Nap 037.0 Lot 11)and Map 037.G Lot56,North Andover,Massachusetts,01845.This Limited Site Plan Review decision was requested by the Marble Ridge Farm LLG(d/b/a Marble Ridge Winery), 11 Marbleridge Road,Forth Andover,MA.01845. The application was filed by the Applicant with the Planning Board on August 27,2025. The Applicant submitted a complete application,which was noticed and reviewed in accordance with the requirements of the North Andover Zoning Bylaw,Article 8 Supplementary Regulations,Part 3 Site Plan Review,Article 10 AdmU'U'stration Section 195--10.7 and MGL Ch.40A,Sec 9. The public hearing on the above referenced application was opened on September 16,2025 and closed on October 7,2025. The Planning Board voted by a vote of 5-0 to grant the Limited Site Plan Review permit. This decision specifically stated by the Planning Board makes the follow mg FINPWGS OF FACT: FMINGS OF PACT 1) The Project is considered an agricultural use,and is subject to M L Chapter 40A Section 3, otherm"se known as the"Dover Amendment"'(see levers dated August 26,2025 and October 2,2025 from Paul Hutchins,Building Commissioner,to Francis A.Di Luna,Esq. Smolak& Vaughan). As such,the Playing Board's authority is limited to reasonable consideration of structure bulk,height,yard sues,lot area,setbacks,open space,parking and building coverage. 2) The wilding;Commissioner's Summary of Findings detailed in his October 2,2025 memo includes the following findings(summaxized): Marbleridge Farm LLG is a recognized farm as defined by M.G.L.e.40A,§3. • The primary and dominant use of the property is gr6w ng grapes,harvesting grapes, and the production of one. • So long as the overarching purpose behind the proposed accessory uses discussed�. presentations and other materials(wine tastings,parking,utilization of guesthouses, small-scale celebratory events(ex.: bridal showers,wedding showers,rehearsal dinners,and weddings)is the promotion of the winery and the sale of wine,such events and activities will also fall under the protection of Dover as accessory uses. • All of these events are limited to 83 persons seated or 99 persons standing. In either case there are a maximum of 35 parking spaces,as detailed on the submitted parking plan. • All primary and accessory uses must still fuller satisfy other licensing requirements for noises liquor,or health and safety. Accordingly, entertainment licenses,state and local alcohol licenses,and state building code permits,and North Andover bylaws pertaining to food and health inspections all apply to their full extent. + In conclusion: Pursuant to M.G.L.o. 40A,§3,the proposed project is exempt from local zoning bylaws that otherwise may prohibit,regulate,or restrict its use. As such, the petitioner's application may proceed under a limited site plan review. 3) The specific.Site is an gppropriate location for such a use structure or condition. 2 Bk 18425 Pg207 #19082 I 1 Marblerldge Road and Map 037.0 Lot 56 Limited Site Flan Review Farjn Winery October 7,2025 The specific Site is an appropriate location for the use as Marble Ridge Farm is a legacy farm dating back to the late 1 Goos. Originally,Marble Ridge Farm consisted of over 200 acres from the Old Center to the Forth.Andover Country Club and served as one of the conax.unity's dairy farms. Currently,the property consists of Just over 5 acres with many original barn structures where the family has held constructionfcontracting businesses and rentals that have operated for the past 40 years.The Site is located in the Residential 1 zoning district. 4) The use as developed will not adversel affect the nei hbarhood character. There is no change to existing structures or Site elements. In 2020,the Petitioner started transitioning the Property back into a working farm as a farm vineyard and winery—to lean into the Property's historic roots,conserve land and resources,and create an asset for the community. 5} There will be no nuisance or se ious hazard to vehicles or edestrians. The Applicant has demonstrated consideration for Site safety for pedestrians,vehicle movement,delivery vehicle routes,emergency response access and handicap access. 6} A.de uate and a ro riate facilities will be rovided for the ro er Q eration of the prQposed use. The Project is adequately serviced by necessary facilities and utilities to address the needs o the Project. 7} The use is in hanno&y with the goeral ose and intent of this Zonin Bylaw. The Project allows for the use of existing access,adequate fire/safety access, and causes no harn to any resource areas. } The Project limits lie outside of any Wetland Resource Areas and their associated buffer zones. } The parking requirement for the Frojeot is 25 parking spaces. The Petitioner has provided a parking plan depicti�ag 35 parking spaces. 1 D} The Site consists of a newer main home built in 2004 that Houses the winery operations in the basement and where the Property Owner lives,and several barns and outbuildings that date back to the 1700 and 1 8 0 0s a000rdfg to the North.Andover Historical Society. The non- residential buildings primarily serve the fanning operations. On the ground level of the main barn is a 1,250 square foot tasting room and private event space. There exists three rental units on the winery parcel: Studio Guest House,Bungalow Guest House,and Ice House Fann House. According to the North Andover Assessors Office data,each structure existed prior to 1900. Sometime in 2021 and thereafter cosmetic improvements were made to the interior of the units and they were advertised as guesthouses at the winery. 11) Approximately l--acre is eurrently planted with 198 gape vines. The grapes are processed into wine on-site. After processing operations,the marine is bottled,corked, labeled,and packaged on-site. 12) Marble Ridge Winery is approved by the U.S.Department of the Treasury .Alcohol and Tobacco Tax and"trade Bureau,the Federal entity that regulates the production of wine,as well as the Commonwealth of Massachusetts' Office of the State Treasurer.Alcoholio 3 Bk 18425 Pg208 #19082 l I Marbleridge Road and Map 037.0 Lot 56 Limited Site Plan Review Farm winery October 7,2025 Beverages Control Commission,the Mate entity that authorizes the production and sale of wine. In addition,Marble Ridge winery is a registered farm with the United States Department of Agriculture. 13) The application was reviewed by Town staff as evidenced by email communications from Amy lamer,Conservation Administrator,dated September 11,2025,f t.Tiny McGuire,Fire Prevention Officer,dated September 15,2025,Paul Hutchins,Building Commissioner,dated August 28,2025,and Brian LaGrasse,Health Director,dated September 2,2025. 14) The Applicant's attorney,Francis A.Di Luna,provided two legal opinion memos regarding compliance with the Dover Amendment(see letters dated July 25,2025 and September 251 2025). 15) The Board,having beard from Town Counsel and,having relied upon case law findings in.the Hume Lake Christian Camps,Inc.v.Planning Board of Monterey(SJC 133 65)finds that the proposed accessory uses are protected by the Dover Amendment. F3NDINGS OF FACTS and DETERYM .TIONS UNDER LLVMMD SITE PLAYREVIEW The purpose ofL nited Site Plan Review is to ensure that all uses subject to MGL Chapter 40A Section 32 otherwise mown as the"Dover Amendment"are reasonably regulated in regards to bulk and height or structures and determining yard sizes,lot area setbacks, open space,parking and building coverage requirements.The Planning Board has the authority to place reasonable conditions on the aforementioned issues but are not permitted to withhold approval of L!united Site flan Review where there is an inability to satisfy proposed reasonable regulations. In xeViewing the Limited Site Plan Review application for Dover Amendment protected uses the following issues shall be considered.- a) Relationship of the bulk of structures and adequacy of open spaces to the natural landscaper existing buildings and other community assets in the area and compliance with other requirements of this Bylaw,which includes,but is not limited to,building coverage requirements,yard sizes,lot areas and setbacks; Where are no changes for existing structures or additional structures proposed on the Site. b) Physical layout of the plan as it relates to convenience and safety of vehicular and pedestrian movement within the site,the location of driveway openings in relation to traffic,or to adjacent streets and,when necessary,compliance with other regulations for the handicapped, minors and the elderly; The Project utilizes an existing access/egress drive and is situated along Great Fond Road. The parking plan prioritizes use of 12 paved spaces,secondary parking on 7 gravel spaces and 15 overflow parking spaces on grass.A.parking attendant will be provided when grass spaces are utilized. Personal vehicles are garaged.Accessible handicap spaces are accounted for. The Project also creates pedestrian connectivity throughout the Site. A rope fence will be installed to delineate the wetland and 4 Bk 18425 Pg209 #19082 F l I Marbleridge Road and Map 037.0 Lot 56 Limited Site Plan Review Farm winery October 7,2025 riverfront buffer zones to prevent parking encroachment into the buffer zones. c) Adequacy of the arrangement of parking and loading spaces in relation to the proposed uses of the premises; As stated above,the parking plan provided meets the parking requirements. The Fire Department has visited the Site with apparatus and successfully navigated the Site. d) Physical lighting of the site,especially the adequacy of the method of exterior lighting for convenience,safety and security within the site and for protection of neighboring properties,roadways and the night slay; All exterior lighting on.the Site(parking areas and walkways)is to be arranged so as to prevent spillover or glare onto adjacent properties. e) Protection of adjoining premises against seriously detrimental uses by prevision for surface water drainage; The Project does not propose any stonnwater management design as no new structures or land disturbance is proposed. f) Adequacy of the methods of disposal of refuse and other wastes resulting from the uses p erns fitted on the site? The Project does not include a dumpster. If a dumpster is to be proposed it will require permitting through the Health Department. g) adequacy of fire protection measures,ands The North Andover flre Prevention Officer has inspected the Site and communicated to the planning Board that the Department's ok with the requested changes as well as the parking plan and that all of their concerns have been addressed. wANERS: . 16) Wormation Required for Limited Site Plan Review • 17.D.e: The present and proposed topography of the site • 17.D.g: Drainage area neap • 17.D.h: Stormwater management plan • 17.D.j: Building elevations • 17.D.n: Outdoor storage/display areas • 17.D.0: Landscape plan • 17.D.s: Utility locations This Limited Site Flan Review decision was issued subject to the following conditions: SPECUL CONDITIONS: 17) For the purposes of the decision, the Planning Board approves the following Permit Definitions: 5 �] 18425 Pg210 #19082 1 l Marbleridge Road and Map 037.0 Lot 56 Limited Site Plan Review Paar n Winery October 7,2025 a) The"Locus"or"Site"'refers to 2 parcels of land totaling approximately 5.01-acre of land with land fronting on both Marbleridge Road and Great Pond Road shown on .assessor's Map 037.0 Lot 11 and.map 037.0 Lot 56 and known as I 1 Marbleridge Road,North,Andover,Massachusetts. b) The "Flans" refer to the plane eluded in the application titled Mortgage Inspection Flan dated May 20,2024 with a scale of X"=200'. The plan was prepared by New England Land Surrey Professional Land Surveyors, 710 Main Street, Forth Oxford, Ma 01537. c) The"Project"refers to the use of the property to grow grapes,harvest grapes,and the production of marine. In addition,accessory uses are proposed: guesthouse overnight rentals,wedding showers,rehearsal dinners,other celebratory private events,on-site parking,and wine tasting. The Site is located in the Residential 1 zoning district. d) The",applicant"or"Petitioner"refers to Marble Ridge Farm.LLC (d/b/a Marble Ridge Winery in this Limited Site Plan Review decision, and its successors and asslgns. e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the Applicant, Petitioner,developer,and owner. 18) Use of the 3 Guesthouses is contingent on each booming rewiring: Attendance in the Tasting Room for wine tastings or private wine tastings in the room • The provision of educational materials about the Farm and winery Allowing the guests access to the Farm and vineyard The offer of discounted wine bottles for sale to guests 19) The Applicant shall apply to the Licensing Commission for an Entertaimnent License. It is understood that the Licensing Connnission will, at a�n murn,condition hours of operation. PRIOR TO ISSUANCE OF.A.CERTIFICATE OF O C CUPAN 20) If applicable,the.Applicant will provide copies of all Decisions,Notification,and Carders of Conditions from the North.Andover Conservation Commission. 21) This decision must be filed with the North Essex Registry of Deeds.A copy of the recorded . decision roust be delivered fo the Planning Department.- 22) The Planning Staff will review the Site. Any screening as may be reasonably required as determined by the Planning Director will be added at the Project Owner's expense. 23) The following information is included as part of this decision: Parking flan: Marble Ridge winery Dated: August 2 81 2 025 cc: .applicant .Abutters Owner 6 parf:irig Man 3S ToW Spaces in Plan.Pdmary Parking:12 Paved,Secondary Parking:7 Gravel.averf oww Parking:15 Grass. Personal Vel icies are Garaged.Parking attendant is provided when using Grass Spaces. 79-621 8f rY / 71,44' .......... 19,49 t,r•,��./4 r 30.271 10."051 401 P j 15 SPACES JI •,t xis�� ♦:r.S�ti�:�♦ �_'ti��7��:�+K�r►•�3 f}'=''w~r�{'Z�w a'r�#'��..'jS�{'�:j��t3~ !tf �"K�'�r • •. r j.ti.H� Tj.+. .. �.� •I;�ail.�S i�',};`.�., { ..rsf:• iT• S .C.f•'4�.:'�:�j, ."�r. ��y.r,•y y;,,�•.yw�'[J t•r l;.l,l;:* s •7L•N L*S�F�1 rr��,• lYy��.*t}i�'15.y i.r `^��;�C'it��'�•t• �i Wit.':i'��.",+�,'y J1.err o,I ��.��r.�• '►►.'e��?j��e�a 'R.}♦♦ .� L y�a r.1•.. 'tiw"L_�;ty;Y�•'�'r�.�'s�v'•�.f C•;4f`x�}' i4 r�w'-•- ,r:_y }?•r�-��:•};;?' ;Y��r .:>xt �•Viz, 0417 OEIS ::►.��=:; Paved Gravel f Grass LOT Al T i� 0 Ln 027472 SF+ w ��••_L_•yj} MI• PARKING DETAILS (per North Andover By--Laws) � Restaurant Ratio: I space per 2 seats or 15 spaces p er l,000 gfa Retail Ratio: 5 spaces per 1 1000 sf-or 6 spaces max. per 1,000 sf 0 0o