HomeMy WebLinkAboutDecision - 41 MARBLERIDGE ROAD 10/18/2001 Town of North Andover AORTH
Office of the Planning Department 0 " 0
Community Development and Services Division
27 Charles Street
North Andover,Massachusetts 01845 CHU
Heidi Griffin Telephone (978)688-9535
Planning Director Fax(978)688-9542
Notice Of Decision
Any appeal shall be filed
Within (20) days after the
S2
Date of filing this Notice mx
In the Office of the Town
Clerk
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Date: October 18, 2001
Date of Hearing: OctobeiV6t, 2 b1 :E
Petition of: Stephen Lannan Jr. 41 Marbleridge Road,North Andover, NIA 01845
Premises Affected: 41 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 inground swimming pool,retaining wall, additional
landscaping, a concrete apron to match the existing texture of the existing fieldstone pation,
coupled with a 4' high wooden fence, and a versalok retaining wall within the Non-Discharge
Zone of the Watershed Protection District.
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:
Sindons, Chairman
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Cc: Applicant �Ierto Angles,Vice Chairman
Engineer Richard Nardella, Clerk
Abutters Richard Rowers
DPW Felipe Schwarz,Associate Member
Building Department
Conservation Department
Health Department
ZBA
BOARD OF APPEALS 688-954I BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
41 Marbleridge Road
Special Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Stephen
Lannan Jr., 41 Marbleridge Road, North Andover, MA, 01845, submitted on August 24,
2001, requesting a Special Permit under Section 4.136 of the Zoning By-Law to allow the
construction of an inground swimming pool, retaining wall, additional landscaping, a
concrete apron to match the existing texture of the existing fieldstone patio, coupled with a
4' high wooden fence, and a versalok retaining wall 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 existing dwelling is connected to the Town sewer system;
b) A deed restriction will be placed limiting the types of fertilizers that can be used
on the site.
c) The topography of the site will not be altered substantially.
d) The limit of clearing is restricted to the minimum necessary; the only increase in
impervious area will be the construction of a 4-foot apron around the pool
perimeter.
e) The construction the pool has been reviewed by the town's outside engineering
consultant, VHB, and with the application of the erosion control, there will be no
degradation to the quality or quantity of water in or entering Lake
Cochichewick. No increase of nitrogen in groundwater will occur from this
proposed project, and no increase of downgradient concentrations of nitrogen,
phosphorous,or other relevant chemicals will result from this project.
fj The pool has been designed to prevent degradation of the water quality and
quantity entering Lake Cochiewick. The pool will be equipped with disposable
non-backwash filter cartridges. Each year, the pool water level will have to be
lowered approximately 6 inches, a zero chlorine level must be achieved before
this operation is performed. Additionally, an area for pool pumping has been
designated to maximize wetland separation, and rip-rap has been placed in this
area to prevent any soil erosion.
g) An existing Conservation Restriction is in effect and on file at the Essex North
Registry of Deeds relative to this parcel of land to ensure the protection of
additional resource areas.
2. There is no reasonable alternative location outside the Non-Discharge Buffer Zone
for any discharge, structure or activity, associated with the proposed project as
almost the entire lot is located within the Non-Discharge Zone.
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;
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,Mass
Prepared for Stephen Lannan Jr.
41 Marbleridge Road
North Andover,MA
Prepared by: Merrimack Engineering Services
66 Park Street
Andover,MA 01810
Scale: 1"=203
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.
2) Prior to FORM U verification:
a) A performance guarantee of two thousand ($2000) 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) All erosion control measures as shown on the plan must be in place and reviewed by
the Town Planner.
c) The use, or method of application o� any lawn care or garden product (fertilizer,
pesticide, herbicide) that may contribute to the degradation of the public water
supply are prohibited in accordance with 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.
d) The pool will be equipped with disposable non-backwash filter cartridges. Each
year, the pool water level will have to be lowered approximately 6 inches, a zero
chlorine level must be achieved before this operation is performed. No back
washing of the pool that would use any of the prohibited chemicals sited in Section
4.136biii of the North Andover Zoning Bylaw shall be allowed. The Town Planner
must approve the final design for the pool prior to a building permit being issued.
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 files.
e) The installation of the 4' high wooden picket fence will be hand-dug.
f) The applicant will provide the Town Planner with structural drawings for the
swimming pool revised to reflect the current applicant's name and address of the
plans previously submitted stated"Standard Swimming Pool"dated 7/27/01.
g) The wetland boundary on the plan listed in Condition 1 a must be verified with their
Agent.
3) 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 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.
C) An As-Built Plan of the pool stamped by a Registered Professional Engineer in
Massachusetts must be submitted demonstrating that the pool has been equipped
with disposable non-backwash filter cartridges.
4) 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.
5) No open burning shall be done except as is permitted during burning season under the
Fire Department regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
7) 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.
8) This permit shall be deemed to have lapsed after a two- (2) year period from the date
1014o2 on which the Special Permit was granted unless substantial use or
co ruction has commenced.
cc. Applicant
Engineer
File