HomeMy WebLinkAboutDecision - 180 MARBLERIDGE ROAD 10/13/1993 NUN HUI
TOWN OF NORTH ANDOVER,,;
MASSACHUSETTS
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O F
Any appeal shall 49' --
within (20) days
�CNUS
date o f f iling of
in the Office 0° ` NOTICE OF DECISION
Clerk.
Date. 13: 1993
August 31, 1993
Date of Hearing se�tember 21: 1993
October 5, 1993
Petition Of , , , Flintlock, Inc.. . . . . . . . . . . . . . . . .
Premises affected Lot B-1. Marbleridge. Road . . .
Referring to the above petition for a special permit from the requirements
of the North_Andover. Zoning. Bylaw. Section. 4:136,,ParagyaFh4 a.l.. 5;a:1.2:3, & 5.
. . . . . . . . . . . . .
so as to permit , the, construction of, a single, family, dwelling, within. 100 ft.
. . . . . . . . . . . . . . . . . . . .
of a wetland.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a ppublic hearing given on the above date, the Planning Board voted
CONDITION
to
APPROVE
. . . . . . . . . . . . . .the . . . . Special. Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the following conditions
cc: Director of Public Works J f
Building Inspector Signed �{�KlC.%z��_, C1C:�� v��,•C__,
Conservation Administrator Richard Nardella, Chairman
. . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . .
Health Agent
Assessor John SImons, Vice-Chairman
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police Chief
Fire Chief Joseph y,Mahone Clerk
Applicant
Engineer Richard Rowen
.
File
Interested Parties John Daghlian, Associate Member
.planning Board
Of NORTNI
KAREN H.P.NELSON ?° �� Town Of 120 Main Street, 01845
Director
BUILDING `°° NORTH ANDOVER
. (508) 682-6483
'S�'e....:i. g
CONSERVATION ,aa4p" sE`` DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
PLANNING BOARD
TOWN OF NORTH ANDOVER
MASSACHUSETTS
Notice of Modification of Special Permit
At a regularly scheduled meeting of the Planning Board of the
Town of North Andover, Massachusetts, duly posted, and held on
December 7, 1993, the North Andover Planning Board voted
unanimously to grant a modification of the Special Permit, the
Notice of Decision which is dated October 13, 1993 and recorded
with the Essex North Registry of Deeds at Book qC Page
issued to Flintlock Inc. for the construction of a single
family dwelling within 100 feet of a wetland, as follows:
Condition 8 stating " [t]he driveway must be constructed out of
gravel. This decision specifically excludes the right to pave
the driveway" is stricken from the decision.
The Planning Board makes this modification upon the condition
that catch basins and oil and grease traps are installed at the
end of driveway.
Signed as a sealed instrument this day of TA/hL1A2 194.
North Andover Planning Board
7
By: f .G
ichard A. Nardella, Chairman
Commonwealth of Massachusetts
ESSEX, SS �fJ/JUA/ , 199
Then personally appeared the above named Richard A.
NArdella, Chairman of the North Andover Planning Board, and
acknowledged the foregoing instrument to be his free act and deed
and the free act and deed of the North Andover Planning Board,
before me,
/, eette7xt
///Notary Public
✓V X- My Commission Expires:
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4TO ® r
r' TOWN OF NORTH ANDOVER
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MASSACHUSETTS
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Any appeal shall o;
within(20)days ' Ut
date of filing of t' A'Ptue copy
in the Off ice O' NOTICE OF DECISION t7r+ f "'
Clerk. /+
Town Mak
This Is to certify that twenty(20)days s
0
havealapsed from date o f decision filed Date.october 13(,1993,,, , ry
wft)Wfla�gofanapPe r. August 31, 1993 tv
DanlelLonp, Date of Hearing seQtember 21,.1993
Town Clerk October 5, 1993
co
a. !
t
Petition of Flintlock Inc.
Premises affected , Lot a-1 Marbleridge Road
Referring to the above petition for a special permit from the requirements
` of the North Andover zoning Bylaw - Section 4.136; Para?FaVh,t.a;1., S.a,1,2:3,
' so as to permit , the construction of a single family.dwelling !4ithin. 100 ft., �
.. ..... .. ... .. ....... '•
I of a wetland. Q
...... .............. .................................................. CO
After a ppublic hearing given on the above date, the Planning Board voted 4
CONDITIONALLY (0
to APPROVE.. ... „the ,Special Permit ,. .., ... ... (j
1
based upon the following conditions:
cc: Director of Public Works Signed �c� c:�iL7�(.fl�(t!�(_•
` Building Inspector ..
Conservation Administrator Richard Nardella, Chairman
Health Agent .................................
�. Assessor John SImons, Vice-Chairman
Police Chief ................................
Fire Chief Joseph Mahoney, Clerk
Applicant ...... ....
I
Engineer Richard Bowen I
File .. ................. i
Interested Parties John Daghlian,• Associate,Member
'Planning Board f
_
I
• r
"ORTH
KAREN H.P.NELSON ° TOWN Of 120 Main Street, 01845
Director R T ANDOVER (508) 682-6483
NORTH
BUILDING
;..o:...._ ,
CONSERVATION °"p DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
October 13 , 1993
Mr. Daniel Long,
Town Clerk
Town Building
120 Main Street
North Andover, MA 01845 Re: Special Permit -
Watershed Protection
District - Lot A-1,
Lot B-1 and Lot C-1
Marbleridge Road
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
August 31, 1993 upon the application of Flintlock, Inc, P.O. Box
531, North Andover, MA, requesting a special permit under Section
4 . 136, Paragraph 4 .a. 1, 5.a. 1, 2 , 3 and 5 of the North Andover
Zoning Bylaw. The legal notice was duly advertised in the North
Andover Citizen on August 11, and August 18, 1993 and all parties
of interest were properly notified. The following members were
present: Richard Nardella, Chairman, John Simons, Vice Chairman,
Richard Rowen, John Draper and John Daghlian.
The petitioner was requesting special permits for the
following:
Lot A-1
To allow grading and the re-location of a driveway with 100
ft. of a wetland within the Watershed Protection District.
Lot B-1
For the construction of a single family dwelling within 100
ft. of a wetland.
Lot C-1
For the construction of a single family dwelling within 100
ft. of a wetland.
Mr. Rowen read the legal notices to open the public hearings .
Page 2 :
Marbleridge Rd.
Lots A-1, B-1 & C-1
Ms. Bradley asked the applicant to reconfigure the house
design to pull them out of the non-disturbance zone.
Mr. Michael Rosati, Marchionda Associates, was present.
The Board discussed the change in the lot lines .
The Board questioned whether Lot C-1 was a buildable lot
because of wetlands along the front.
Mr. David Kindred, Flintlock, Inc. , told the Board if Lot C-1
was a lot by itself, it would be able to fill wetland to access
lot.
Staff, Planning Board, Conservation Commission and Building
Inspector to discuss accessibility and buildability of the lot.
Driveway to Lot C-1 across Lot A-1 easement. Sewer will run
through this easement.
Lot A-1
1 . construction within the watershed
2 . driveways will be gravel .
Lot B-1
1. extend existing gravel driveway
2 . 50 ' buffer to wetland with grading.
Lot C-1
1. need a Zoning Board of Appeals variance to build house
which has been requested
2 . Received Order of Condition from the Conservation
Commission
Leaching pits from roof drains for two new houses .
Mr. Simons asked why not have a common driveway. Mr. Rosati
answered that the existing homeowner did not want a common
driveway.
Joseph Cavelaro, abutter on Marbleridge Road and Salem Street,
stated that water flows from Sutton Hill through an underground
pipe. He wanted to know if this would effect the flow of water
across the land. He stated that there was a problem with the build
up of water.
Page 3 :
Marbleridge Rd.
Lots A-1, B-1 & C-1
Mr. Draper asked Ms. Bradley to ask D.P.W. if there have been
any problems with roadway water build up.
Mr. Kindred stated that he was not creating any new crossings
over the wetlands.
Mr. Simons stated that there would be more grading with two
driveways. He wanted to know who would enforce the gravel
driveway. The house in the Watershed District is within 100 ' of a
wetland. He does not feel as though a variance should be granted
on this site.
Mr. Rosati said that without a variance, Lot C-1 becomes an
unbuildable lot.
The Board would want to review the design of the leach pit.
Mr. Rosati said that the water table is within 1 foot of
ground leach pit and house raised to compensate. Cellar will be at
grade at rear of house.
Issues to be addressed:
1. Is C-1 a proper buildable, accessible lot?
The houses would tie into existing sewer with gravity
feed.
2 . Any D. P.W. issues on this site with sewer tie in?
Mr. Draper would like a gravel driveway, and asked if any
drains for oil would be needed. Need to get a written certificate
regarding water quality/quantity.
A site visit in two Saturdays, September 11, 1993 , at 8 : 00
a.m. . The applicant is to stake out the driveways . House
locations are already staked.
Mr. Rosati told the Board that a permeable driveway would not
make a difference because water table is so high.
The developer needs to provide information as to nitrogen
levels.
On a motion by Mr. Draper, seconded by Mr. Simons, the Board
voted to continue the public hearing to September 21, 1993 .
Page 4:
Marbleridge Rd.
Lots A-1, B-1 & C-1
On September 21, 1993 the Planning Board 'held a regular
meeting. The following members were present: Richard Nardella,
Chairman, John Simons, Vice-Chairman, Richard Rowen, John Draper
and John Daghlian, Associate Member.
Mr. Michael Rosati, of Marchionda & Associates, presented the
Board with two alternatives:
1. Two separate driveways
2 . Common driveway
The separate driveways would be separated by post and rail
fence and grass area.
Oil/grease traps proposed - sumps in each can be cleaned
Mr. Rosati told the Board that the Zoning Board of Appeals
will not do anything until they hear from the Planning Board.
The consensus of the Board is for separate driveways .
Mr. Simons questioned hazardous materials on the site.
Mr. David Kindred, Flintlock, Inc. would like to start
construction in the fall.
A no-cut line shall be placed on the plans. Staff to check
with Conservation on the no-cut line to make sure that it reflects
the same line.
The existing crossing would be used for access .
On a motion by Mr. Draper, seconded by Mr. Simons, the Board
voted to close the public hearings and review the draft decisions
for a vote on the October 5 , 1993 meeting.
On October 5, 1993 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
John Simons, Vice-Chairman, Joseph Mahoney, Clerk, Richard Rowen
and John Daghlian. John Draper was absent.
A no-cut line to reflect Conservation Commission line must be
on the plans.
Page 5:
Marbleridge Rd.
Lots A-1, B-1 & C-1
On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board
voted to approve the Special Permits as amended by minutes of
September 21, 1993 meeting.
Attached are those conditions.
Sincerely,
North Andover Plan n�i-yng Board
Richard A. Nardella, Chairman -%�
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Agent
Assessor
Police Chief
Fire Chief
Applicant
Engineer
File
Lot B-1 Marbleridge Road
Special Permit - Watershed Protection District
The Planning Board makes the following findings regarding the
application of Flintlock Inc. , P.O. Box 531, North Andover, MA,
requesting a Special Permit under Section 4 . 136, Paragraph
4 (a) (1) , 5 (a) (1) (2) (3) , and 5 of the North Andover Zoning Bylaw
to allow grading and the construction of a gravel driveway within
100 feet of a wetland (Non-Disturbance Zone) within the Watershed
Protection District.
FINDINGS OF FACT:
In accordance with Section 10. 31 of the North Andover Zoning
Bylaw:
1. The Planning Board finds that the specific site is an
appropriate location for grading and the relocation of the
driveway as it provides access to the existing house;
2 . The grading and relocation of the driveway will not
adversely affect the neighborhood;
3 . There will be no nuisance or serious hazard to vehicles or
pedestrians as long as adequate site distance is provided
between this driveway and adjacent driveways ;
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:
a. removal of the existing garage mitigates the impact of
a new house;
b. careful site design minimizes the potential adverse
impact of development;
C. development of the no-cut buffer and removal of old
motor vehicles from the wetland area provides
protection to the water supply.
In accordance with Section 4 . 136 of the North Andover Zoning
Bylaw the proposed grading and relocation of the driveway will
not cause any significant degradation of the quality of water in
or entering Lake Cochichewick.
Upon reaching the above findings, the Planning Board approves
this Special Permit based upon the following conditions:
SPECIAL CONDITIONS :
1. This decision must be filed with the North Essex Registry of
Deeds. Included as part of this decision are the following
plans:
Plans entitled: Site Plan
Lots B & C Marbleridge Road
in North Andover, MA
Prepared for: Flintlock Inc.
P.O. Box 531
North Andover, MA
Prepared by: Marchionda & Associates
62-1 Montvale Avenue
Stoneham, MA 01280
Scale: lot = 301
Dated: 4/26/93 , rev. 8/5/93
Plans entitled: Plan of Land
Marbleridge Road
North Andover, 'MA "rel,`(`,(,)v"'-
Drawn for: Flintlock Inc.
P.O. Box 531
North Andover, MA
Prepared by: Marchionda & Associates
62-1 Montvale Avenue
Stoneham, MA 01280
Dated: July 1993 , rev. 8/5/93
Scale: 111 = 301
Any changes made to these plans shall be approved by the Town
Planner. Any changes deemed substantial by the Town Planner will
require a public hearing and modification by the Planning Board.
2 . Prior to construction and relocation of the driveway:
A performance guarantee of $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. A FORM G must be submitted to open the
interest bearing escrow account.
,0
I/ The silt fence as shown on the plans entitled "Site
Plan Lots B & C Marbleridge Road" in North Andover, MA,
for Flintlock Inc. , P.O. Box 531, North Andover, MA,
dated 4/26/93 , must be installed and reviewed by the
Planning and/or Conservation Staff. This line of silt
fence will also serve as a no-cut line.
c /"The site shall have received all necessary permits and
approvals from the North Andover Conservation
Commission, Board of Health, and the Department of
Public Works
A The applicant must provide a written certification by a
Registered Professional Engineer that the grading and
relocation of the driveway will not cause any
significant degradation to the quality or quantity of
water in or entering Lake Cochichewick as required by
NA ZBL Section 4. 136 (7) (c) .
The applicant must provide evidence that all on-site
l� operations including but not limited to, construction,
wastewater disposal, fertilizer applications and septic
systems will not create concentrations of Nitrogen in
groundwater greater_ than the Federal limit of 10
mg/liter at the down-gradient property boundary as
required by Section 4 . 136 (7) (d) .
f. All catch basins shall be protected and maintained with
hay bales to prevent siltation into the drain lines
during construction.
3 . Prior to FORM U verification (building permit issuance) :
a. All plans for the tie-in to the municipal sewer must be
reviewed and approved by the Division of Public Works.
b. The elevation of the water table must be determined and
provided to the Town Planner.
4 . Prior to verification of a Certificate of Occupancy:
j` a. ..) No pesticides, fertilizers, or chemicals shall be used
in lawn care or maintenance. The applicant shall
incorporate this condition as a deed restriction, a
copy of the deed shall be submitted to the Planning
Board and included in the file.
b The applicant must receive written determination from
the Conservation Administrator that all work conducted
under the jurisdiction of the Conservation Commission
is being satisfactorily performed and maintained.
5 . Prior to release of the Performance Bond:
a. The applicant shall submit a certified copy of an as-
built plan which shows all construction, including
sewer lines, leach pits and other pertinent site
features. This as-built shall be submitted to the Town
Planner for approval and shall be stamped by either a
Registered Professional Land Surveyor or Practicing
Engineer.
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 # 1.
7 . All roof and driveway runoff must be directed by a pipe
system into a leach pit as shown on the plans referenced in
Condition # 1.
8. The driveway must be constructed out of gravel. This
decision specifically excludes the right to pave the
driveway.
9 . No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
10. The Contractor shall contact Dig Safe at least 72 hours
prior to commencing excavation.
11. 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.
12 . This permit 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. Therefore the permit will expire on QLfi 13
CC. Director of Public Works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fire Chief
Applicant
Engineer
File
MarbleZAB1.WPD