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Home My WebLink AboutSMITH, ROBERT NORT" ....o.. 'HO Any appeal shall be filed et_Z3a 9Q.I "M < QG �Z p within (?C) days after the .- date of fi ,,ng of this s Notice 411;1-w Z #y9 ,.� � in the Office of, the Town a SS4C5E Clerk. z ` a� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Robert A. Smith * Petition: #92=89 270 Marbleridge Road N. Andover, MA 01845 The Board of Appeals held a public hearing on Tuesday evening, December 12, 1989 upon the application of Robert A. Smith, requesting a variation from the requirements of Section 4, Paragraph 4.135 of the Zoning Bylaw so as to permit relief for disturbance within 100' of wetland resource area in watershed district in order to construct 18' x 20' family room on the premises located at 270 Marbleridge Road. The following members were present and voting: William Sullivan, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule, Raymond Vivenzio and Anna O'Connor. The hearing was advertised in the North Andover Citizen on November 22, 1989 and November 30, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Soule and seconded by Ms. O'Connor, the Board voted, unanimously, to GRANT the variance as requested. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not derogate from the intent and purpose of the Zoning Bylaw nor will it adversely affect the neighborhood. Dated this 14th day of December, 1989. BOARD OF APPEALS William Sullivan Vice-chairman /awt r3•.�, cror F• AFRIL71V i)0 CIO cc s:, isa<s diciiu� Any appeal shall be filed �., within (20) days after the -+-- ' TOWN OF NORTH ANDOVER date of firing of this Notice MASSACHUSETTS in the Office of the Town cc o� Clerk. $OARD OF APPEALS NOTICE OF DECISION Robert A. Smith 270 Marbleridge Road Data • • • •Dec-ember- 14-,- -1989. N. Andover, MA 01845 Fetation Noy. -. • - .92-89. . . . . . . . . . . Date of Hearing. . .December 12,, 1989 Petition of . . . . . . Robert .A,. Smith. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of*FSecti•.on .4, . . . . . . Paragraph. .4...1.35 .of. the .Zoning .Bylaw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . . relief.for. disturbance .within .100'. of. .wetlanrl resource. .area. . . . ... in .waters.hed.district.in. ,order to. ranstruct. .18'. .x. 2W. Iamily. .room.. . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to .GRANT. . the variance. as .requested . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permif to . . . . .Robert A. . Smith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, . . . . . . . .William.Sullivan, •Vice-chairman AVgustine,Nickerspn,, Welter :Soule. . . . . . . . . . . . ., . . . . . . . . . . . .Rayitohd 'Viveiaz o . . . . . . . . . . . . . . Anna .Q!Connox. . .. . . . . . . . . . .. . Board of Appeals PGA�� I�G BOAGO RECF.IYEr) TOWN OF NORTH ANDOVER DOIF-1: tstK MASSACHUSETTS NGRr C TOW4 C'> "OYER im 18 3 56 `9Q 0 Am O ? appoal shall be filed 'S-SA St within jj0)clays after the date of filing of this Notice NOTICE OF DECISION in the 01`lice of the Town Clerk. Date, January 18.. 1990. . . . Date of Hearing January 4. 19 . . . Robert A. Smith Petition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected „270,f4arbleridge Road . , . , , , , , , Referring to the above petition for a special permit from the requirements of the ,North Andover• ZOning.Bylaw.. Section 4.135. . . . . . . . . . . . . . . . so as to permit . .she ,<•nnsitruvivu.v .an .add�.t.�Pa. ��: �P: .( a �.x .�qqm>. v. ate . . . regQuF. . area. . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted Conditionally to Approve the Special Permit . . . . . . . . . . . . . . . . . . . . . . Spec . . . . . . . . . . . based upon the following conditions: cc: Director of Public Works Board of Public Works Highway Surveyor Conservation Commission Signed Building_ Inspector Board of Health George Perna, Jr., Chairman Assessors . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . Police Chief John Simons, Clerk Fire Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applicant J`�- Engineer . �F4 .>� t3$g�IN . . . . . . . . . . . . . . . . . Interested Parties File , John,Dra$�,r . . . . . . . . . . . . . . . . . . . . OFFICES OF: Town of 120 Main Street BUILDING ;e -_� NORTH ANDOVER North Andover CONSERVATION a =,; Massachusetts 01845 HEALTH OHgB` DIVISION OF (508)682-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR 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 aside . 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 36 Sincerely, PLANNING BOARD George 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 . TOE 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. 24 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. SOCIAL 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 T��V WI�44. pANI�L I.CtiG TOWN OF NORTH ANDOVER iQwy LL�.t�K DIASSACIRiSETTS PLANNING BOARD Nov Zo It 34 APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten Applicant d�� S�yrjX^� Address 270 /lrjaf �F�`/c •� `2 f 1. Application is hereby made (a) For ;a Special Permit under Section+13S, Paragraph of the Zoning By—Law. 2. (a) Premises affected are land ✓ and buildings ✓ numbered /�cr„C/Frv%�e �eet* (b) Premises affected are property wit4 frontage on the North South East' ✓ , � ,West side of �,4,-Z,� e 11?o-fZ Street, and known as No.__ -70 a,l el`: _ sfreet. kc) Premises affected are in Zoning District R_3' , and the premises affected have an area of ¢g� ?odztSr- and frontage of i` feet. 3. Ownership: (a) Name and /address of owner (if joust ownership, /give all names). Date of purchase / D 7 3 Previous Owner w vis /DToro (b) If applicant is not owner, check his interest in the premises: Prospective purchaser Lessee iOther (explain) 4. Size of proposed building:_ / S front; -2- <D feet deep Height: stories; feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) (c) Type of construction 1' .j o 0.0 /�ef ."'e 5• Size of Existing Building: 6?7 feet front; Z? feet deep ' Height: 2 stories 'ZS feet. ib (a) Approximate date of erection (b) Occupancy or use (of each floor)_ a �%�^� % ✓Ze c-e i' f (c) Type of construction Lr''uole f7-c LL- e 1 6. Has there been a previous application for a Special Permit from the Planning Board on these premises? x/o If so, when I i 7. Description of purpose for which Special Permit is sought on this petition; �1,57ui64�,ce �✓/T'�/t, toa /o 2_./��•c�fr. � r�fc�vice -- - //7'G (over) 8. Deed recorded in the Registry of Deeds in Book / Page 83 or Land Court Certificate No. — Book—Page Page — 9. The principal points upon which I base my application are as follows: (must be ` stated in detail) J/ /is�4d,-_64ro�e Crh PcY� -t 776 o__7 _S Cmc, g 4 a oas. - s:- -e I agree to pay for advertising in n wspaper and postage fee for mailing legal notices to "Parti nt est". s t (� �.,.� !l� Petitioner signature) ure C",i��'n�` �n ) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication p'tuporting to be an application shall be treated as mere notice of intention to.seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties in Interest" which s':aall include the petitioner, abutters, owners of land directly opposite on any public un private street or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwith— standing that the land of any such owner is located in another city or town, the Plan— ning Board of the town and the planning board of every abutting city or town. LIST OF PARTIES IN INTEREST NAME ADDRESS i ADD ADDITIONAL SIMTS, IF NWESSARY. ` Received by Town Clerk: Old n� f!•a., NlJ 0 rir 0/ x41, TOWN OF NORTH ANDOVER*E� SACHUSETTS RTDOF LS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE ApplicantAddress 'Z-7C, 1 . Application is hereby made: a ) For a variance from the requirements 'of Section*/S-4"Paragraph and Table -Z-46-of the 'Zoning By Laws . b) For a Special Permit under Sectionaragraph7E-L-of the Zoning By Laws . . .. c ) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a ) Premises affected are land (.- -and building(s ) 1,1 numbered Z?o _Lir?4r�lPdy'�f�e—Rc --street . b) Premises affected are property with frontage on the North ( ) South ( ) East (><) West ( ) side of a`Ve�_ S4•r-"tt, and known as No. 2'7o^�yq,Y6,hrv_d�e RW. c ) Pxemises affected are in Zoning District, and the premises affected have an area of ?oo _square feet and frontage of feet . 3. Ownership a ) Name and address of owner ( if joint ownership, give all names ) : Date of Purchase / T)-7 3 Previous Owner /ouis 40,_-7_-o b) If applicant is not owner , check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) 4,r Size of proposed building:' S front Z o feet deep; " .Height ( stories;feet . �� _ - } 2 a ) Approximate date of erection: Tom_ / b) Occupancy or use of each f loon e__Z-�Ek ( �o�►�, c ) Type of construction: l (_,j_uo.g9 _ / Q,•r,e S. size of existing building: ? feet front; 2- feet deep; Height 1 Z—stories; 25 feet . a ) Approximate date of erection: b) Occupancy or use of each f loon srjf w+� �es��"'rc c ) Type of construction: 6. Has there been a previous appeal , under zoning, on these premises? �� If so, when?_--� Y ;a • Description of relief sought on *this peti-tion ':ti ;.s {�. ��nce uli All; MO. we we G.z�vufCf rt�9_;/y1' in , .•;.. Deed recorded in the Registry of/pceds in Book Z�,�9 Page 3 : Irand. Caurt Certificate No. M^Book Pago he principal points upon which I base ,my application are as follows: must be, stated in detail ) )N ' ✓(!/J4tHG�' �i'Q�f cQ CO tJG]f}! G�✓/l/ �dIDT �e (/ rd ACV Gc/Lt fZ� S C P vj�Ya� Par vi ,.Yil/ ld,,e4G i Plre� 2�2e, f/.O_ AD•� Comet v�a,•:t� . Z o S,1r e `[ter¢ r G/i SC 44,a �'j. t'k 7 z{�' X/Af agree to 'pay the filing fee, advertising in newspaper , and incidental xpens es* _ , Signature^of• PetztiO etas r;.• f very application for' action by the Board shall be 'made on a form approved y.- the Board . These forms shall be furnished by the Clerk upon request. ny communication Purporting to be an application shall be treated as mere otice of* intention to seek relief until such time ;as it 'is . made on the t fficial application form. All information called ••for by the form shall e furnished by the applicant in the manner ' kherein:;•prescribed. very application shall lie submitted with a list of'•"Parties In Interest" . hich list shall • fnclude .the petitioner, ,abutters , owners of land directly pposite on any public or private street or way, and abutters to -the ; butters ,'within ' three hundred feet (300 : ) of the property line of the etitfoner• as they appear . bn the most recent applicable tax list, otwithstanding that the land of any such owner is located in another city ;. r town, the PLanning Board . of the city or town,. and the Planning Board of-; very, abutting city or town. Every application shall be submitted with ' an application charge cost in he amount- of -M . 00. ' In addition, the petitioner * shall be responsible or any and all costs involved in bringing the. petition before the. Board.;:;.: uch. costs shall include inailing and publication, but are not necessarily;•"; invited to these , very ' application shalt be submitted with a plan of land approved by the card: No petition will be brought before the Board unless said plan has �een submitted . Copies of the Board ' s requirements regarding plans are ttached ' hereto or are available from. the Board of Appeals upon request.' . LIST OF PARTIES IN INTEREST Name Address (use additional sheets if''necessary) LIST OF PARTIES OF INTEREST MAP # PARCEL # NAME ADDRESS 37D / 3 oh r .T.PVN I= -Swir' 2i 2.70 mon4n.Ae 3-7 D f 2 Z, �, tir� CtJ4r wic ¢3' Lc/ooa0�/1r�r t 'o �cQ 37-D /�' 7"vsP �l� -37D v - fi dtc�a�rP�^ O/S 37D S-- 37 Ta �r.� C �i'ro a cL�v ��iK 3 Z7 S4 Frti S' rP� or If n w-40'o v er- "37D S41KA4 37 ee G'r, 77 4.4 e o ti4 3 3 - 76t Si5 371a E'cvvO.� Cev.�e7/4i- ��Soc. 3 .J8��1,Sdw syre4 d �I ci vei— 371) vt ter' C . owes . 0. a 283 Oversized Maps on file with the Town i