HomeMy WebLinkAboutDecision - 11 MARBLERIDGE ROAD 10/18/2001 Town of North AnA.,wer t;ORTH
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Office of the Planning Department 0` 01
Community Development and Services Diviision
27 Charles Street
North Andover,Massachusetts 018,15
Heidi Griffin Telephone (978)688-9535
Planning Director Fax(978)688-9542
Notice Of Decision
Any appeal shall be filed
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Within (20) days after the C 3
Date of filing this Notice C.)C-5"Q
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In the Office of the Town
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Date: October 18, 2001
Date of Hearing: October4-, 2001
Petition of Elbridge Leland 11 Marbleridge Road,North Andover, MA 01845
Premises Affected: 11 Marbleridge Road,North Andover, MA 01845
Referring to the above petition for a special permit from the requirements of the North
Andover Zoning Bylaw Section 4.136.
So as to allow: the construction of an approximate 4800 square foot 2 story framed
dwelling in the approximate location of the previous dwelling recently relocated by the'Town of
North Andover Historical Commission.
After a public hearing given on the above date, the Planning Board voted to APPROVE,
the Special Permit for Watershed Protection District, based upon the following conditions:
Signed:
J ons' Chairman
Si
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Cc: Applicant ferSto Angles, Vice Chairman
Engineer Richard Nardella, Clerk
Abutters Richard Rowen
DPW Felipe Schwarz,Associate Member
Building Department
Conservation Department
Health Department
ZBA
BCC ARD CAF APPEALS 688-9541 BUILDING 688-9545 CONSER'VATION688-9530 HEALTH 688-9540 PLANNING 688-9535
11 Marbleridge Road
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of
Elbridge Leland, 11 Marbleridge Road, North Andover, MA 01845, submitted on
August 23, 2001, requesting a Special Permit under Section 4.136 of the Zoning By-
Law to allow the construction of an approximate 4800 square foot 2 story wood
framed dwelling in the approximate location of the previous dwelling recently
relocated by the Town of North Andover Historical Commission within the Non-
Discharge Zone of the Watershed Protection District.
FINDINGS OF FACT:
In accordance with 4.136 the Planning Board makes the finding that the intent of the
Bylaw,as well as its specific criteria, are met. Specifically the Planning Board finds:
1. That as a result of the proposed construction in conjunction with other uses
nearby, there will not be any significant degradation of the quality or quantity
of water in or entering Lake Cochichewick. The Planning Board bases its
findings on the following facts:
a) The lot is located in a residential zone with a previous dwelling in place
prior to the relocation by the North Andover Historical Commission.
b) The proposed dwelling will be connected to the Town sewer system; The
proposed utility service will connect into existing services of the relocated
dwelling. Sewer,water,gas and electric services already exist on site.
c) A deed restriction will be placed limiting the types of fertilizers that can be
used on the site. No fertilizing will be required to establish a new lawn since
the proposed dwelling will be constructed within an established lawn area
with no new lawn area proposed.
d) The topography of the site will not be altered substantially, the proposed
dwelling overlays the relocated dwelling. Furthermore, two driveways
already exist on site, thus the access to the relocated dwelling will have no
further impact on the watershed district or create additional impervious
area for access.
e) The limit of clearing is restricted to the mirnirnurn necessary to construct the
proposed dwelling. Also, haybales and silt fence will be placed along the
perimeter of the 100' conservation/watershed protection district buffer zone
for ensured erosion control.
f) The proposed dwelling is located an additional 15 feet from the 100' non-
disturbance zone to ensure the construction of the home can take place
outside of the buffer zone.
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In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning
Board makes the following findings:
a) The specific site is an appropriate location for the proposed use as all
feasible storm water and erosion controls have been placed on the site;
b) The use will not adversely affect the neighborhood as the lot is located in a
residential zone with an existing dwelling in place prior to the relocation by
the North Andover Historical Commission;
c) There will be no nuisance or serious hazard to vehicles or pedestrians;
d) Adequate and appropriate facilities are provided for the proper operation
of the proposed use;
e) The Planning Board also makes a specific finding that the use is in harmony
with the general purpose and intent of the North Andover Zoning Bylaw.
Upon reaching the above findings, the Planning Board approves this Special Permit
based upon the following conditions:
SPECIAL CONDITIONS:
1) This decision must be filed with the North Essex Registry of Deeds. The following
information is included as part of this decision:
a) Plan titled: Plan of Land in North Andover,MA
Prepared for Elbridge Leland
P.O.Box 656
North Andover,MA
Prepared by: Merrimack Engineering Services
66 Park Street
Andover,MA 01845
Scale: V=20'
Date: August 22,2001,revised October 1,2001
b) The Town Planner shall approve any changes made to these plans. Any
changes deemed substantial by the Town Planner would require a public
hearing and modification by the Planning Board.
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2) Prior to Issuance of a Building Permit:
a) A performance guarantee of four thousand ($4000) dollars in the form of a
check made out to the Town of North Andover must be posted to insure that
construction will take place in accordance with the plans and the conditions of
this decision and to ensure that the as-built plans will be submitted.
b) The limit of work as shown on the plan by the erosion control line must be
marked in the field and must be reviewed and approved by the Town Planner.
c) All erosion control measures as shown on the plan must be in place and
reviewed by the Town Planner.
d) The site shall have received all necessary permits and approval from the North
Andover Conservation Commission, Board of Health and the Department of
Public Works and be in compliance with the above permits and approvals.
e) All plans for the connection to the municipal sewer must be reviewed and
approved by the Division of Public Works. Proof of payment for any sewer
mitigation fees required by the Division of Public Works must be supplied to
the Planning Department.
f) A construction phasing plan and emergency response plan are required to be
provided to the Town Planner prior to any construction commencing.
g) A copy of the decision, recorded at the Registry of Deeds, must be provided to
the Planning Department.
3) Prior to a Certificate of Occupancy:
a) The use, or method of application of, any lawn care or garden product
(fertilizer, pesticide, herbicide) that may contribute to the degradation of the
public water supply are prohibited as sited in the Zoning Bylaw Section
4.136biii. The applicant shall incorporate this condition as a deed restriction; a
copy of the deed shall be submitted to the Town Planner and included in the
file.
b) The structure must contain a residential sprinkler system in conformance with
the North Andover Fire Department approved design.
4) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan stamped by a Registered
Professional Engineer in Massachusetts that shows all construction, including
storm water mitigation trenches and other pertinent site features. This as-built
plan shall be submitted to the Town Planner for approval. The applicant must
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submit a certification from the design engineer that the site was constructed as
shown on the approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
5) 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.
6) No open burning shall be done except as is permitted during burning season under
the Fire Department regulations.
7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing
excavation.
8) 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.
9) This permit shall be deemed to have lapsed after a two- (2) year period from the
date 101@03 on which the Special Permit was granted unless substantial use or
construction has commenced.
CC. Applicant
Engineer
File
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