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HomeMy WebLinkAboutBELFORD CONSTRUCTION INC b j TOWN OF NORTH ANDOVER VARIANC, R'; 'f J o: •'■' ZONING BOARD OF APPEALS NAME: Belford Construction Inc. '4 `.W E ADDRESS OF APPEAL' 249 Marble Ridge Road Procedure & Requirements for an Application for a Variance Ten (10)copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty (W days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant fora hearing date and Prepares the legal Zoning Board of an application as incom notice for mailing to the parties in interest(abutters)an The information herein is an abstract of more for Publication in the newspaper. The petitioner is spec requirements listed in the Zoning Board notified that the legal notice has been Pied and the Rules and Regulations and is not meant to cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7• iDELIVERY OF LEGAL PKTICE TO that are underlined NEWSPAPER The.petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the lege! The petitioner applies for a Building Permit and notice to the loco newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUI3LIC HEARING BEFORE THE ZONING LARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner afoul.,appear in hisTher behalf, or be Petitioner completes an application form to petition the represents.,by an agent or attorney. in the absence c Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date• ST9P 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as Aft'the ung, a copy of to Board's decision will I: cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Boarc decision may be made pursuant to Massadwssfts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch.40A§17,within twenty(20)days aft The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk E a certified list of Parties in Interest(abutters). STEP =QgpING THE DECISION AND PLAP ` STEP 5-, SUBMIT APPLICATION: The petitioner is responsible for recording certifksthor Petitioner submits one(1)original and ten(10)Xerox the decision, the Mylar, and any wcompanying Plans copies of all the required information to the Town Clerk's the Essex minty, North Registry of Deeds, 381 I Office to be certified by the Town Clerk with the time Common St., Lawrence MA, and shall complete the and date of filing. The original will be left at the Town Certification of Recoding form and forward it to the Clerk's Office, and the 10 Xerox copies will be left with ' Zoning Board of Appeals and o the Building the Zoning Board of Appeals secretary. ment IMPORTANT PHONE NUMBERS: PAGE 1 0 978-688-9533 Office of Community Dev. S Services North Andover Town Hall 400 Osgood Stmt, North Andover, MA 120 Main Street 01845 978-688-9542 fax for Community Development offices 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9566 Assessor's Office 978-688-9541 Zoning Board of Appeals Office PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 1. Petitioner. *Name, *Address and telephone number: Belford Construction, Inc 1049 Turnpike Street North Andover, MA 01845 978-975-5752 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Belford Construction. Inc. 1049 Turnpike Street North Andover, MA 01845 978-975-5752 Years Owned Land: 1 Month 3. Location of Property: a. Street: 249 Marble Ridge Road -Zoning District: R-3 b. Assessors: Map number. 37D Lot Number 16 c. Registry of Deeds: Book Number. 5390 Page Number. 344 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. 4.136(3) (c)(ii) (3) Watershed nrotPct;nn district *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the BtdkNng Commissioner. 5. Describe the Variance request: Allow the construction of a dwelling within the non-discharge buffer zone at a distance of 106 feet from the wetland in lieu of the required 150 feet. The above description shall be used for the purpoa of the legal notice and decblow A mea detailed description in nqulnd pursuant to the Zoning Board Rubs and Rapubdons an deed on pope 4,sactlon p of this appaCatlon.Failure by til appilma to describe the squad a arly may result in a decision that docs not addnwe the bleat of til appiicarrt. The decision will be lindied to ria squat by tfre appikant and will not Involve additlonal ilsrrrs not kmdudod above. i 6 A. Difference from Zoning Bylaw requirements: Indkabe ft dimenslon(s)that win not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) 9 Lot Area Open Space Perone Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear t A. % B. % XXX Distance between wetland and structure. 106 Vs 150. Reduce by 44 feet. i Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet SpacersFront Side A Side B Rea► j 71,608 N/A N/A 259.87 2 65 80 85 175 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear i 34,445 45 na N/A 128.44 2 75 21 28 154 37,163 N/A N/a 130.43 2 42.1 21.1 39.1 250 { 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimkmr Lot Setback Sq. Ft. Sq. Ft. Coverage Feet SpacesFront Side A Side B Rear 25,000 N/A N/A 125 2 30 20 20 30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building- of Units" 1660 2 34 3320 Residential dwelling 1 *Reference Uses from the Zoning Bylaw$Table 1. *"State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet BuiM W Of Units" 2307 2 34 4614 Residential dwelling 1 1830 2 34 3660 Residential dwelling 1 Reference Uses from the Zoning Bylaw&Table 1. "State number of units in IwM ng(s). S. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,whict is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for fling and legal notification. Failure to comply with ap i irements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismis the Zoning of this pplication as incomplete. Signature Twe above name(s) here: Mark Rea PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a *10. S.*Plan Specifications: legibly written or typed memorandum suing forth in A Size of plan: Ten(10)paper copies of a plan detail all facts relied upon. When requesting a Variance not to exceed 11"x17", preferred scale of 1"--40' from the requirements of MGLA ch. 40A, Sec. 10.4 and In One(1)Mylar. the North Andover Zoning By-laws, all dimensional M Plan prepared by a Registered Professional requirements shall be dearly identified and factually Engineer ardor Land Surveyor,with a block for supported. AN points,A-F,are required to be five(5)ZBA signatures and date indicated on the addressed with this application. Mylar. A. The particular use proposed for the land or *10 C. *Features To Be Indicated On Plan: structure. n She Orientation shall include: B. The circumstances relating to soil conditions, shape 1. north point or topography of such lard or structures fly 2. zoning district(s) affecting the property for which the Variance is 3. names of streets sought which do not affect generally the zoning 4. wetlands(if applicable) district in which the property is located. 5. abutters of property,within 300' radius C. Fads which make up the substantial hardship, 6. laxations of buildings on adjacent properties financial or otherwise,which results from literal within 50'from applicants proposed structure enforcement of the applicable zoning restrictions 7. deed restrictions, easements. with respect to the land or building for which the In Legend&Graphic Aids: variance is sought. 1. Proposed features in solid lines&outlined in red a D. Fads relied upon to support a finding that relief 2. Existing features to be removed in dashed lines sought will be desirable and without substantial 3. Graphic Scales detriment to the public good. 4. Date of Plan finding that relief 5. Title of Plan r E. Facts relied upon to supporta ng 3 and numbers of the sought may be given without nullifying or g• Names addressesI applicant owner or record, and designer of substantially derogating from the intent or purpose surveyor. of the Ordinance. 1 F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA MkW Projectsi application. Minor projects,such as decks,sheds,and garages, shell require only the pian information as indicated with 10. PLAN OF LAND an. asterisk(*). In some cases further information may be required. Each application to the Zoning Board of Appeals shall be accompanied ied by the following described plan. Plans must be submitted with this application to the Tawe 11. APPLICATION FILING FEES Clerk's Office and ZBA at keg thirty(30)days 11.A. Notification fees:Applicant shall provide a Y rty is heart before the Zoning Board of check or money order to: "Town of North Andover- Prior to the public ng ng appeals #022-1760-4841"for the cost of first dares, certified, return receipt($4.42 as of November 2003)x#of all A set of building slevation platys by a Registered parties in interest identified in MGLA ch. 40A§11 on the Architect may be required when the application abutters list for the legal notice dredc. Also, the involves new consttuctionlc onverskmV and/or a SIPPlicarit shy supply first class postage stamps proposed change In use. (currently 37¢)x the#of parties of interest on the abutters list for the decision mailing. 10.A. Major Projects Major projects are those which involve one of the 11.B. Mailing labels:Applicant shall provide four(4) following whether existing or proposed: sets of mailing labels no larger than 1"x2-5/8"(3 copies i)five(5)or more parking spaces, for the Legal, and one copy for the Decision mailing). II)three(3)or more dwelling units, 11.C. Administrative fee of$50.00 per application. III)2,000 square feet of building area. + Major Projects stroll require, that in addition to the 10B& "b A Variance once granted by the ZBA will lapse In 10C features, that the plans show detailed utilities, soils, Kone)year If not exercised and a new petition must and topographic information. be submitted.E i a NORTH Zoning Bylaw Denial MPIWMW4 Town Of North Andover Building Department --- 400 Osgood St. North Andover, NUS. 01845 ass "us�� Phone 978-688-9545 Fax 978-M4.%2 Street: eo k Ma /Lot: 3 f)D (o Applicant: ?-t r Ct CoeiviTsuciWo Request: pa 2-e_ t u l t R _-cow S4.v,oc t4o me15 Date: ( c Please be advised that after reiriew of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning W AIE-PSKe Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies 'e 3 Lot Area Complies L S 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 ` No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 1 Use Preexisting 2 Complies CT t= 5 4 Special Permit Required e- S 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply z0n90N C.- 1 I Height Exceeds Maximum 2 1 Front Insufficient en, *WS 2 Complies Li e- 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 1 Insufficient Information 2 Coverage Complies f D Watershed 3 Coverage Preexisting 1 Not in Watershed 4- Insufficient Information 2 In Watershed L C S j Sign VIA 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking R uired 2 Not in district le S 2 Parking Complies `f ie- S 3 Insufficient Information 3 1 Insufficient Information LT 4 1 Pre-existi2g Parking Remedy for the above is checked below. Item # Special Permits Planning Board Item S Variance Site Plan Review Special Permit &Wom E Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board independent Elderly Housing Special Permit special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit I Special Permit for Sign R-6_Density Special Permit Special Permit prewdstirip nonconforming Watershed Special Permit ujA.*ee %Ved_ V Ar(A Vt The above review and attached e)qlenatlon of such is based on the pians and information subrtalted. No definitive review and or advice shall be based on verbal a ons by the applicant nor aW such verbal eq*natiorm by the applicant serve to Provide definitive answers to the above reasons for DENIAL.-Anyinaccruacies,mislead infomwEion,or other subsequent changes to the information submitted the shat be for this review to be voided at the discretion of the h► !r'e►+r� Building Department.The attached document ent Ned`Plan Review Narrative"shah be affected hereto and incorporated here by reference. The building deparbnent wili retain all plane,and docu ne lation for the above fie.You must fits a new building permit application form and begin the permitting process. "ion%en?ied S wilding Department Official Signature Application Received Ap Denial Sent: If Faxed Phone Number/Date: Plan Review Nan dve The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: �iudl� ,Y C aIZA PIA rO C� iln LM46t Zv,-IN" - ar �v N s ✓v e J( ti o A /Ne W rrc/1. Pita ' D( b4mtCJ 5, 4 13 Cc iX.3) 3,0?c / ? ®•Petit c Y-�rtiv CIA 4-kl<- LS 2 V, t 5 13 G i Referred To: Fire Hee Police Zoning Board Conservation I Deparbnent of Public Works Planning Historical Commission Other BUILDING DEPT NEW ENGLAND ENGINEERING SERVICES INC April 14, 2005 p North Andover Board of Appeals 27 Charles Street North Andover, MA 01845 Re: 249 Marbleridge Road,North Andover Variance application Dear Chairman: Please accept this letter as a memorandum in support of the request for a variance for the above referenced property. The particular supporting information as required by the application is outlined below. A. The particular use proposed for the land or structure. The proposed use for the proposed structure is as a single family dwelling. B. The circumstances relating to sod....which do not affect generally the zoning district in which the property is located. The property is located in the watershed protection district. Twp distinct wetland systems are located within 400 feet of the property. The major wetland system to which the drainage from the property flows is located at the rear of the property. The proposed dwelling meets all of the required offsets to this wetland. A secondary wetland exists on the opposite side of Marbleridge Road. This wetland does not receive any flow from,the property and therefore the property will not have any influence upon this wetland or any downstream wetlands. The purpose of the watershed protection district is to"preserve the purity of the ground water,the lake, and its tributaries;to maintain the ground water table; and to maintain the filtration and purification functions of the land...". Since the drainage from the proposed site does not flow to the wetland on the opposite side of the street the project will not have any affect on the wetlands or the functions the bylaw is meant to maintain. 60 BEECHWOOD DRIVE-NORTH ANDOVER,MA 01845-(978)686-1768-(888)359-7645-FAX(978)685-1099 C. Facts which make up the substantial hardship,financial or otherwise,which would result from literal enforcement of the applicable zoning restrictions with respect to the land or the buildings for which the variance is sought. If the bylaw was enforced literally the owner would be precluded from building upon a lot which does not have any affect on the wetland for which the variance is being sought. D.Facts relied upon to support a finding that relief sought will be desired and without substantial detriment to the public good. Since the property does not drain in to the wetland to which a variance is sought there is no affect on that wetland and therefore no downstream impact to the lake or its tributaries. Development on the site is being proposed in compliance with the remaining development criterion which are part of the bylaw and will therefore meet the purpose of the bylaw. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the ordinance. If the property is developed in compliance with the regulations as it pertains to the wetlands in the rear and the property has no influence to the wetland on the opposite side of the street then the project will not derogate from the intent and purpose of the bylaw. F. Not Applicable. I will be at your next meeting to make a presentation to the board and to discuss this matter. Sincerely, BenjQn C. Osgoo , Jr.,P.E. President Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGI.40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town Subject Property: MAP PARCEL Name Address 37.D 16 Reed Cundift 249 Marbleridge Road North Andover,MA 01845 Abutters Properties Map Parcel Name Address 37.D 3 Rene Fugere 202 Marbleridge Road North Andover,MA 01845. 37.D 4 Robert Olenio 292 Salem Street North Andover,MA 01845 37.D 5 John Mcloughlin 327 Salem Street North Andover,MA 01845 37.D 11 Jerrold Beeney 255 Salem Street North Andover,MA 01845 37.D 13 Jean Smith 270 Marbleridge Road North Andover,MA 01845 37.D 14 Joseph Averka Trustee 260 Marbleridge Road North Andover,MA 01845 37.D 15 Katharine Morgan 240 Marbleridge Road North Andover,MA 01845 37.D 17 John Fox 225 Marbleridge Road North Andover,MA 01845 37.D 18 Ridgewood Cemetery Association PO Box 22 North Andover,MA 01845 37.D 36 George Kafides 265 Salem Street North Andover,MA 01845 37.D 38 Eleni Woodis PO Box 221 North Andover,MA 01845 37.D 39 David Palmer 284 Salem Street North Andover,MA 01845 37.D 43 Robert Olenio 300 Salem Street North Andover,MA 01845 Page 1 of 1 This certifies that the names appearing on the records of the Assesso Office as of Certif` d b Date a .3/ aS" � � I I • -a-r------ ---- ==- -_ -=- -_=- ----------- ...r=='-_- _-' •�i- =`_�= i__-fin_=_ —_--'_m 77, -no if - all rrr rr --- _ -- ':///! ., I I ■/ f■1to no APE �r/I NEE I-1//.I_ Iii = oil oil still, /n iii i Alii R LIVING .. u ►/ Illil�l� CL- CL BEDROOM -- n. Mar 16 06 10: 34a NORTH ANDOVER 9786889542 P. 16 PAGE 4OF4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Variance must be supported by a n Size of plan: Ten (10) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Variance 11)One (1) Mylar. from the requirements of MGLA ch. 40A, Sec. 10.4 and In) Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. All points,A-F,are required to be Mylar. addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or 1) Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions, shape 2. zoning district (s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if applicable) sought which do not affect generally the zoning 5. abutters of property, within 300'radius district in which the property is located. 6. locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50'from applicants proposed structure financial or otherwise,which results from literal 7, deed restrictions, easements. enforcement of the applicable zoning restrictions D)Legend & Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Facts relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. 5. Title of Plan E. Facts relied upon to support a finding that relief 6. Names addresses and phone numbers of the sought may be given without nullifying or applicant, owner or record, and designer of substantially derogating from the intent or purpose surveyor: of the Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor.Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages, application. shall require only the plan information as indicated with an. asterisk ("). In some cases further information may_ 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall 11. APPLICATION FILING FEES be accompanied by the following described plan. Plans must be submitted with this application to the Town 11. A. Notification fees: Applicant shall provide a Clerk's Office and ZBA secretary at least thirty (30)days check or money order to: "Town of North Andover- prior to the public hearing before the Zoning Board of #022-1760-4841"for the cost of first class, certified, appeals, return receipt($4.42 as of November 2003)x#of all parties in interest identified in MGLA ch.40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also, the Architect may be required when the application applicant shall supply first class postage stamps involves new construction/conversion/and/ora (currently 37¢) x:the#of parties of interest on the ; proposed change in use. abutter's list for the decision mailing. 10. A. Major Projects 11. 113. Mailing labels: Applicant shall provide four(4) Major projects are those, which involve one of the sets of mailing labels no larger than 1"x2-5/8" (3 copies following whether existing or proposed: for the Legal,and one copy for the Decision mailing). I) five (5) or more parking spaces, II)three (3) or more dwelling units, 11. C. See 2005 Revised Fee Schedule. III)2,000 square feet of building area. ► A Variance once granted by the ZBA will lapse in Major Projects shall require, that in addition to the 108 & 1 (one) year if not exercised and a new petition must 10C features, that the plans show detailed utilities, soils, be submitted. and topographic information. 03/16/2006 11: 28 9786822397 WILLIAM BARRETT HOME PAGE 01 MEMO TO: Mary Ippolito,Planning Assistant cc: Lincoln Daley, Town Planner FROM: Gerald A. Brown, Inspector of Buildings` DAVE: March 1, 2006 T: 249 Marblerid a Road petition t6 dw lannsrtg Board SUBJEC S 249 Marbleridge is within the non-disturbance buffer zone and will require another Variance from 4.13 6.3.60 ..."Construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals." 2.68 Structure—"Mearns a combination of materials to form a construction...including, among others, private and public swimming pools...,, ' r MANN& MANN, P.C. COUNSELLORS AT LAW 161 South Main Street,Middleton,Massachusetts 01949 Tel:978-762-6238 Fax:978-762-6434 JILL ELMSTROM MANN E-mail:jilt@manopc.com KURT P.MANN Admitted to practice in Massachusetts and New York To: Board of Appeals—Town of North Andover From: Jill Elmstrom Mann Date: March 16, 2006 Petitioner/Owner: Colonial Village Development Corporation d/b/a William Barrett Homes, Inc. Requests: Variance—Section 4,Paragraph 4.136.3(c)(ii)(3) Property: 255 Marbleridge Road, Lot 16,Map 37D Colonial Village Development Corporation d/b/a William Barrett Homes, Inc. (the"Petitioner") owns the above-referenced property known as Lot 1,255 Marbleridge Road,North Andover, Massachusetts (the "PropertX'). According to the Town of North Andover Zoning Map the Property is located in the R-3 Zoning District of the Town of North Andover and also falls within the Watershed Protection District and,therefore,is also subject to the use and building regulations set forth in Section 4,Paragrqphs 4.121 and 4.136 of The Zoning Bylaw for the Town of North Andover, last amended May 2004 (the`Bylaw"),respectively. As shown on the accompanying plan entitled "Site,Plan, 255 Marbleridge Road,North Andover,MA"prepared by New England Engineering Services, Inc., dated April 1, 2005 (the "Plan s), the Petitioner is proposing to construct an in-ground swimming pool and cement patio as accessory structures to the single family dwelling located at the Property. According to Gerald Brown the Inspector of Buildings,the construction of the proposed new structures require a variance under Section 4, Paragraph 4.136(3)(c)(ii)(3) of the Bylaw. Therefore,Petitioner hereby respectfully requests that the Board of Appeals (the"Board of Appeals9 for the Town of North Andover grant to it a Variance from 4.136(3)(c)(ii)(3) in order to construct a permanent structure within the Non- Disturbance Buffer Zone of the Watershed Protection District.l Pursuant to Section 10, Paragraph 10.4 of the Bylaw,the Board of Appeals has the authority to grant variances in accordance with M.G.L.A. Chapter 40A, §10.2 Based on the following,the Petitioner respectfully suggests that it has satisfied all of the conditions for the issuance of a Variance as follows: i Notwithstanding,Petitioner maintains that a variance is not required and that a Special Permit from the Planning Board under Section 4,paragraphs 4.136.3(c)(ii)(1)and 4.136.3(c)(ii)(6)of the Bylaws is the only applicable requirement. 2 M.G.L.A. Chapter 40A, §10 authorizes the Board of Appeals to grant in order to mitigate against substantial harm resulting from circumstances that affect a parcel of land. The availability of such relief depends on the ability of the owner to prove that(1)there are circumstances relating to the soil condition,shape,or topography of the land that do not affect the zoning district in general;(2)the literal enforcement of the provision from which relief is sought causes a hardship to the owner;(3)the granting of the variance will not cause a detriment to the surrounding neighbors or substantially derogate from the intent or purpose of the requirement from which a variance is being sought. Zoning Board ojAppeals—North Andover 155 Marbleridge Road,Lot 1 A. The presence of the Watershed Protection District creates conditions that distinguish the Property from other parcels located in the R-3 Zoning District. The Petitioner is proposing to construct the pool and patio within the area of the Property that has already been cleared of vegetation and graded as a usable backyard for which a special permit and variance had been issued by the Planning Board and Board of Appeals in 2005. Copies of those decisions are attached hereto. B. The prohibition of construction within the Watershed Non-Disturbance Buffer Zone will deprive the Petitioner of the full use of the Property. Authorization to grade, alter the topography, clear the area of vegetation and provide for an,infiltration system within the Buffer Zone was previously granted, see the attached decisions issuing the Special Permit and Variance. C. The issuance of the requested variance would not cause a detriment,substantial or otherwise, to the surrounding residential neighborhood nor would it derogate from the intent or purpose of the Buffer Zone. The pool and patio will not have a negative effect or increase the runoff to neighboring parcels. The drainage control presently in place at the Property is more than sufficient to handle any drainage or runoff from these new structures and will not be negatively impacted bythe proposed,construction. CONCLUSION: Based upon the foregoing and consistent with the existing special permit and variance granting the Petitioner the right to develop the Property as a single family home and to change the topography of, authorize the removal of vegetation from, and to allow surface and subsurface drainage within the Property pursuant to Section 4,Paragraphs 4.136.3(c)(ii)(3) and 4.136.3(d)(iii)(2), 4.136.3(d)(iii)(3), 4.136.3(d)(iii)(5),the Petitioner respectfully requests that the Board issue a variance from 4.136.3(c)(iii)(3)to permit the construction of the pool and patio as shown on the attached Plan pursuant to its authority under Section 10,Paragraph 10.4. S:(Barrett(Marble Ridge Zoning)2006-221variance request.doc BK 9750 PG 268 •., Twtl1111 of Nwox&An&ww, R a�tlx:FIS t�kp�mrnt �a����Ra �w Co�nnaaa iy Deveksrpmra�UPnuW Sere er Dl idn wk PILE e�Lb"m Dry '� ' 'R' •' Tnw■Planner P(478)60-"42 .,,. Oz RIM 7 ra a�Mbt tr ►rm}d Any atppaoal shall beBW wmwmoof ti+am d�lr don.11ed within(20)dam 9W the date offfing this Notice - in the oflioe of the Town C.iedc Dabs: AWN f,205 Date atHweeu kW My 3—hay 19.2W$ rn VIP Ph,; Pena of Bad[Oar+d U&I ISO Twmpllaat Savoy NO"b Andfffft MA 81US PraD3m AAietted: 344 Maarblseri Bm*Noawfa Andomp MA 81i4i _ 'ar > Map 37D,Pwvd 16 = -` r.ri to the Am peddw wrth prowoo®ofM.G.L.ChVW 40A,Sac(=9. 11, SeWo 4.136, 10.3 of tbae North Audovwor Bylaw for a Wild Spe d PWU*0"to dlaw for tbt g of eating 71,309 aa.£lot imo,two lat%mW adsft dq&Hasa RY home and constnm two w w►m*e ftmwiry homy with dt<ivewawwY sand appurtanaacea Property is located within then 3 mnivg did. w At a public Siem on the:atbove dame,the PWm&V'Bond votW to APMVE s o watexehed Special Permit upon a motion made by Albano Anglaa a by Jana Phisaawawady —� with language as amanded,vate was manhous 4-+0. Unc l Delay,Tmm cc: Appbc W Rldwd Nwdeilac,aWrm Aburltm John smogs,vim Chair Town DqMtmab Jung Phlmq,auk Alberto ATTEST: A True Copy ;�..,.a W.,4.. Town Clerk 1aQJ"tF APPEALS bi6-W1 BUO.I>arlt}6644 CDMVATM 6044 RMTH61K9 O R AI!OHtdt3 ba 4W W N�" P' � �toari�� 7be p Bawd r nku tltc followj%R H Irem fMWconovolm 1849 TwWft Street,Nordr Andavw,MA 01=45,filed an AO Is, .Tlk snag&bated ll kwaled st?49 Momm l—e"in the IL-3 Zkof g MK MW 3M 101b.TIS Uft 161 and W2%vM WOW is 2005 end M whjoct to dte WSW"Protacdon VOW P fcc lots oneeted WWatnb�er?4, 1944.The opplioa is r+egrreft A WS'tatted SPWW t"10 fm tre irotioft eeddOW d+rnrl�erd CON"two single-fiurrily dardfi ft unit'aaemWi d tiriww*%dte bsNelkrbon��dtilitiee.end I Wb% Activities wdl be raged within the Contarv.Won ZOO(Wft 7 5-' Noe• race Zoae t7S'�° l SWN ,ed NWOWhWrZona (150' to 400') of ddW*W wdbnd rM o m i t ow b dw Wrr W" pro/ect'o.r Di*kt A Vwirum wra ilea as JUM 17.2M by dw 7AM* B Hand Of Appeb 10 e1{ow dW poopood adivkm to take pbw within da Cort Tiotaz. Anwift A In with 4.136 the Plennbg Bond mAne dM fbift 611 dw i1ftd Of t!Ylsnr,r rted as b spat&a*rk rare met, 9ptcii7rstlly the Pboft Bald mere the Mo**1WMtW(W FACTS 1. TW as a rmk of the pr+rtporMed 000touctioo d W Caw oM atrr~tby,*AM wM a*be MW ipffiod Appi Ajidc o of the quer► or quadigr of Wdff in or W*ft Late CorNdr**L ro P oft Bwd bases tba flr&I f m s) The two*qk-f9arriky dovlli mp wW be eanaecbed to do Tom sem b) `A deed moicdop will be pleood timitirr the type offertiiiarera thrtaet brt tract oa tllrt ehx c} Tire topagrspby of the site wiil not be Amu!WWWdolly; d) The limit of clearing is rer&k*d to the minimwn NOOMMY 110 oaN&"dw WOOU eW d'W**V' - Wow.oem6.aad gvWk WzL o) Cmc►hes bow pvvided by a ro6irwr d frul oiow tlr ed�loe�art tawo an efred on the qu ty or of rowiff ernlering tbs vv ed p loug" end fl nw con*uW rs hes been reviewed by tar Towne nm nd wia ft appy of tbrt etwkra carned and we of oegmia low Soidlims. tl08 WM 11111110 b the Wilk or ry of wdw in or ofte ns L*e Cao khr*idc or a W wdlrp& 2. Tbae is no rermvsbfe rrltINIrrdivo 1 AWm outside dm Co"wvt ks, Non-Dliautietun w, and Non- Wwlwe 8u-er Zonas fur Ply di dwse,satrcOM orsdh*- In umdow Wkh Sad= 10.31 of the Nodi AeAMW Zoning Bylaw. Ste pknft Bood melee Are fbrov ng!'MUMS OF FAtrTe I. 710 specific sate is Mn q p gximv boedon for do proposed M ee dl hill bk doem*am■td walks mojob havo bear plaood on ttre eke. Tire propositi ho been ntvbwed by the TOWWX OW"eortsukrrrg engi M.vHB,W era n fiat adequo dwnwdecoonh+ob wein fie: 2. 7be rrso will not adversely affect do ne*bo wW u the let is locad in a raddo1W 3. There will be no nuim m cc samara hazard 14 VOW"or PmkWWK 4 ti•'�' WARD of A"EAL9 ba11-S41 Burr DM 61MM CUMVATIM Me WALIVIONIM BK 9750 PG 270 ' Jalf 3,i1O08 4. %deplete sled appropria le ficlWas are provided fordo proper of die peopt use.The bouses will be serviced by sewer sed ani ud IWae foreied is aibie fled telephone nniaetr< S.• Tlx Ptamting Brand akr0 makes sspscifie fmdielgdret lye we is in hretnorry vrilb the getrsrd purpose and in*t of do North Anduvw Zoning Bylaw.The Ncr& Andover Z AS Hoed of App sk meted a Maria ce an Jure 17, 2M5 fide; Section 4 Pwogrttph 4.136(C)(it)(3) in onW b MOW two now patmsoant struetla+ss within dee Non,01submnae Bttflie Zorn; SeWoa 4 Pie @poph 4.136(4)( ')(2)to allow chooM to the tapogmfby within dw Causeevasiar Zoac;Sectio►4 Poegrbpi r 4.136(d)(0113)tO atbw vegeta&e removal within dw Corservatt= Zone; sod Setdioe 4 Pxgppb 4.136(d)(trix5) to allow vMaw and substtrthaa drainAr for the dtMway of dog mpOotd dwttlltng witlM doCoaservatiaa Zona; Upon Wrching the above findkgk the Plemiq Bowd Mpeertrs thio SpeoW ftmk bust!Wes die fallowinS CONDI?im. 1) SMCUL COMMM a) The Town Pkmw dralt approve ani ChOW UN&to theme plea. Any dMW deansr 1016010 rt101 by des Town Plainer would requiem a public boating sed modific aion by the Planning flood for the watershed spial permit aml/or this Zoning Board of A X ate far due vatiaaooK b) Zrod n Coxal MonhW.Mw applioret meat raein do a vlose of nr Endon Carpel Mout ID impeet ON 5100 during cower ttdtVkhg, specificIft dtuiag 11011thdal of due driveway and oddity one rsecticnts.'tire Fes+Cored Monitor don can"weak► romp 1,11 t tnd Pavide a monthly •men report of the dee cardhloes ad n oorrummdd stalftWon sseesame. Disowbad slopes airall be imrrediaeely 9oed4 wd C) The shjafIMdly 4hwl iw muat cwrafm a reddeediat fire qwb**system'(tre piers and hD►dra 0116 c"Www for aapil ruMeniid W*m slob be subaainod for reviewsad-approtiat by the:NO & Andover Fire Departawtt. Pfoa mrd 11ydttntlie aebct led m brooch ruidwis! yrsbma=9 ebb be supplied to the Building Depaarm, d) Stormwaear mm"emad*ucu m trust be mainWtred in lMrpdu1h►by the bameowohney. 3) MOR TO ANY WORK Off SM: a) A perkmam guwM of three thMMW ddhen(113,M) in dw fora of a dsede ad&ant u the Town of Naeth Andover moat be pasted to intone that comb uctice will telae pisae In dein oe wkb the plans mrd the MWWM of 11110 derider 1111110 MMM*A d the m4xdk plea will be anbau I&A b) The docisW must be filed with lire North Essex Registry of Doone. On asrtifal OW of dre recorded decision must be Wsmitmd to the PiaMirgl Depeet rel c) Erosion cash Is os shown on fire refsrratwed plo must be kwWW sol lintel be reviewed tend "provaf by the Town Planner; d) The site "I have received. all namsey perm1b and approvals five die North AndwW Consmatm Commissia% Board of HWtk wd do Deperhrrent of Public Works send, be is ccxnplia=with dw above permits and app %*-and HOARD Of APPEALS 5#9541 SILO O M450 CONSERVATION GUAM tiEAl.THafi4lA RANNIi�ifat+il93 d ZONWMWMP NW BK 9750 P8 . 271 o) Wetwd re*orron ease�f1*�nuut b*ib p�aid.te�ri*wed bey tbeeTown plrs>n*er. � PA'II)R'tn ii9SUANCt M A HYaQ.D1NG pT,RbiII'T: • •)- No p*d3cidM bdibm or dwmitaetr dal be and is btwa c*eo or=MMM Tw dAbMpWvft this aeries r a d**d IN law seed n ewo[tw d*a iMi rim w nb dtlsd b the T*Ae?s leieWW ad bewind Is iw Ok b) nus msk*n iel the qdw be iaeWW in meadow whb l mf b MW Modud NFPA 13D nod in meadow wkb 790 CMR. ONPINr 9 d lbs MolmdMoft Surae 1u9dited Code. C,eeffucdion dot 6 *on br beau MOM pop* 1 l=dM W da *m Mae wed mphdow mus bs pmvkW fkm bate*the N" Asda, rn Dirt and tw North Aniova Ruil ft DWwwas to the "H=r t. no spplieatat mud tbo povide is certification to tfw No*Aeotdeov*r Plowing DepwbueM c} The pbmhlg gourd must emdoree that&w due plo wylen=d tine capis of do elgaed Pbm end delivered ID the Plovft Depertmeat. dj pWM TQ RZIXASIC('THE FICR1tDIgd4riCili OMMO a) MW eppliceesd droll waft t w err-built PLa by s a h0bul=d in MM=buuft drat ohm 40 Q(=N ictiott, kukft dorm W"mitiptlon s*d other ppUMMsine saeedffM This M 4Rdk plea*hell be arbaeltdd:in dr Town Pomw fw mel. lu%VNamt n vA wwak aceefficafian flrota rite desk eaginen "60 ruse ween urIed ve shown an do*ppwvnd pkm; b) no manirs aasrd meat by a=j**vats yoke a Brading*d do silo Is In W&MON with dw 5 in no iniftno meal!the"v*Svft F conw Wei be elkyood m Aider brpd that rte dhW tbai se proposed as the pdan tefiermrced in Coon ii. 6) Ivo open%ming"be done=*q t ee is pe mlt w dura bthe l:i+e D*Numd 7) Tlat CarrowMor s,Wl gontaot Dip Sebe et WW 72 hw*price tv+oa ncimg eINVINGdOWL !t) The pMvWau of d& oondi>joad *pWW erten M* in and be Moft WN *r qWHCM4 Ift ampJaym end 0 acass*e n sad wee in interest or vaaad, 9) 'this permit dwell be dreamed to hm b*W rims a taro.(2)year paW t m thn do A*19,3MW whkh the Speci*1 Permit tree W=d,Wo m wbwatiai WO or Con on b*s co MOMN d• 10)This decision must be filed with the Nodh Fs u Regi*s*y of Deeds. Tw%H0N*sR mfo on'B inchWW as pest of this decision: Pian dtkd: S'em Plan 249 Marbhrridge Reed Na lb ArAwA r,MA Assoei=Map 37D,Penal 16 Propercd FDr Botb d CM*MC ion,Inc. DOMMAPPM36UMAI suiwmvUOM CONer VArrca U$4= N risg*" RAMM trowwass BK 9750 PG 272 W/Mrd Bp�eMt hrtp� . 100 Twnoiw Sww Wwth Ander,MA O 1145 prepm*d by: New En&UW EtlSi Owing San'I^Inc- 60 sc dwmw Dd" North Ar4ovw,MA 01$45 Ste: 1"-2W Sits: 1 -4 D April t,2005 oc. (`.onearvr�oa Admir»�rstor Director of Public Woriw Hub Adminis hMat Building Inspector Police Chief Fire Chief Applicant Abuttcrfs Asap DPW File 9OMD(WAPMALX bWWl BUIL M40 09-0 #3 L'gN MVA't'IOM 6t W- H OMM R AMMO M"M BK 9750 PG 273 q: Town of Nw&.W mer T0"CU&rMwSwMP • Community Development and Services Divisi+wt / Offim of the Zoning Board of Appeab - 4M Osgood Rreet North Andover,MmwhuseW 1)1845 D.Rebert Nucha Teltphmtte< (978)6588-9541' Bxiong Conaetfsaio+rer Fax (978)688-"42 ' c_ y Ibis is 10o0*thatt�{ itsW tYpm tea ole OW%0at,User N x q C7 Any appeal eball be filed within N4ft of Auddoet of en >a (20)dq V alba tba dde of ming Year 2486 woo" t7 �_� of thin notice in the ofte of the - > Tawe Clerk Per Mme.Cion.L ch. .� 40A, i? #o 20 Mand NAM9: Bdfbr d Commrtrreda0t,lse., IMARVWM Mly 12&Jan 14,2W 1049 IM&t9bnj Waft.Andover ADDRIiM £err at: Read FIC'I'1 Moffi ZO9SO0! Nodh Andover MA 01145 'fYPIIVt3 DATE: Jmm 7 2005 The North Andover Berard of Appeals hdd a public hearing at ilei forgar meetaog im dw Two Hall top tion meeting room, 120 Main SU64,Woardm Atdoover,MA on Tuartdair,Jttent:14 ZOOS lit 710 PM opm the spplicaftan ofd Coadra�cti014 ImM,1049'It upib Stres.Neral Andon+at',tlor preMbo it 240 MarMe idge Ram,North Anda+rar r goestbtg a Vttrie w fiMen SWOM 4,Psr%Mh4.13G(3Xc)(h)P) the Zoning Bylaw at ander to coaaturud a ttaw pwmm3ft p Won w hbitn 6C NOR-DlacnorWW Huffier � of the Watershed Aotection Dialrk t. said promises dhcftd we pt;apaatywith to*p on Ober West Msebleridge Ron within the R-3 zoning distrla The arlgidml kW,w time were pgblWW in tine Eager;:, Tdb=on April 25&May 2,2M. Amouled IqW notices for BW bred COriutiswdvmo bac.,1049 Twq&e Saw t,Waft A»doves,t v Woman at:240 Mt'bie><Wp Mv@4 North Mdww req wbq el� Vtaianoe fraat 3nxion 4,Pusgnh 4.136(3Xe)(n)(3)offie ZbWaS Bylaw in noose to cct dma a Ossa ' parmaocat strocture within the Nan-Ditrurbove Duffer 7Aw of ties Wase*W P"boti n Motrict. IW;' -L applipMt has=ended the Vwiance application to i mcbxle Pe rawsphs 4.130(3X4XU 2), ivi G'+ 4.136(3Xd)(1h)(3j aal4.136(3Xd)(HW5). Staidpm�ettd.ttE,,Nd arepropaaWvr116 m the Weslt side of MwbWWp Road within the R-3 mniog district. The amaoded 1ags1 notice w►ss puWis W in the E**.Tribune an May 30 A June 6,2005. TLe 1b11orviag voting logtrabers rase prtttttart: Bdau P.Meta�n+g Jc+aeph D. :Riabactt J. '1~hoa =D.1ppfto,ad Ridttrd,A4.Vd born aL C7 Tft w*qvft ot=botr vA=P m st �bmcP.1► i.1Q,1mdD111ridR Weber: w Upw a malum by Richard L Byers sad Zed by Joseph D. 0.dw Bond vomed to GXWff et Vatime hm Secdon 4,PwaS*4.136(3xc)(ii)(3)in aft to Ma naw perm)oM leng, i co within the Non-DWtoabaooe Baft Zoaee of the WaomMad P1owdon Dtt 4 and rata 4.136(3Xrl iii M A Io allow changes to the IoVqVs*,4.136(3X4)(U')(3),to obw tti,aMd 4.136(3Xd)(IiiMU to allow Stnfaoe and srtbswncce dnbW(sank sad PVC pipe)IN UN GUMMY otrtthtt Aayfoaad Dr aft SM Elev. 1044.00 within the 75 tout Plaaft Board C4mwvj6m Zw%tither Z=ftByftW per Vatince Plan 249 Marbten*Road,NbA Andwa,MA Amraou=A+*37D,P&vd 16,it,r+Opan11 far Beifoed Ceram,bac., 1049 Ttu Vft 6tneet,No tat AndoM Atilt.01$43,Ap O 14,200 by Bo*uft C. Osgood,Jr.,Read Ptcfeniotw Civil EngouOar#451191,Now HnAtand Bagmacdmg Sa<viaas,lac.,60 Boochwood Dft Nath Aadova .Mfr►01$43. Va dng In f*W. Mint P.MatotM Jona A D.LaC'tosiao, Richard J.Byers,Thomas D.Ippolito,and Rkbw d M Vad Ammar Page 1 oft ATTEST, A True Copy Town Clerk Board of Appeals 978 48&9541 I;le WWg 97"M95d5 C*m*wvadm 9716UM30 }Faith 9?>i 48844 Pam 4794M"535 BK 9750 PG 274 Town of North Andover office of the Zoning Board of Appeals Community Development and Services Division 4W Osgood North Andover,Maswhas+etta 01895 D.Robert Nuattta Battdinrg Cvms�fssio�er 'reit (978)688-9341 Fax (978)688-9543 The Acrd fidds dot dwspout taws sdisfiied the pravisioas of Section 10. IOA of the Zoaio ft aytaw in dud so waitimg atFtbis vtrrIM will not ►Old 60 Oddltbotlttoati,tort 00"091* of this parcel and tha proposes coot by a�a�cuetlt>n»1a,aedt betdm4,std rootdt+micl infiRmf n erma will not les mae ruooffto r4i&Vx tnS pwo k ar i*Mmrbiaidp Road cr dw*de 8+om *e inert and purpowe of the Zmk*By1ww. Fm1bermat+e.if the rights authorind by Oe vrrism wood ender dwd wift one(t)yw of the do of the grwA,h fell Iqw,wd my be r"hbi"a*alit ndipa.'wd a aw baft Fwtw mo %wa Special Perm*gx wW ub&t to pwWas oana kW back 64 be dtaated mime iged oft a tn M Year pww from the&Won whicfi the 9pciel Patin*wsa grwW rtolela —ba> - ma or otxaiiraedon ho co mmoed,it AxG hvw ward may be meswbUAW a*aft no*%acus a mw be"& Bowd of Ap"#^ Edea P. Chitic Dkdadan 2QQ�009, ltt7l7llf. Page Z oft Booed of.Aypeals M 69&9541 Building 97"W9345 Comavo iw 97&6U*530 Hath gft,6 t- W Pfooft 97e4Ws3! 03/16+12006 10:07 9756822397 WILLIAM BARRETT HOME PAGE 10 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Abutter to Atxtter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL AOA,Section i i stave in part'Parties in interest as used In this chapter tial mean the pOMMer, abutters,owners or innd dhecdy owasmon any pubruc or private wary,and abutters to abulkrs vAt In three hundred(300)feet of the property Ane of the peNtloner as they appear on the most recent eppAeable tax list,not withstanding that the land of arty such owner In located in another cby or town,the plannhiy board of the city or Yvan,and the planning bo0rd of every abutting city or torn. Sub act Pro e MAP EARCEL Address 37.1) 16 COLONIAL DEV-CORP. 249 MARBLERIDGE ROAD,NORTH ANDOVER,MA 01845 Abutters Propert" s Map- e4T& NO" Address 37,D 15 Katherine Morgan 240 Marbleridge Road,North Andover,MA 01845 37.D 14 Joseph Averka 260 Marbleridge Road,North Andover,MA 01845 37.D 13 Jean Smith 270 Marbieridge Road.North Andover,MA 01845 37.1) 17 John Fox 225 Marbleridge Road,North Andover,MA 01845 37.0 18 Ridgewood Cemetery P.O.Box 22,North Andover,MA 01845 37,1) 36 George Kafides 265 Salem Street,North Andover,MA 01845 37.D 11 Jerrold Beeney 255 Salem Street,North Andover,MA 01845 37.D 38 Eleni Woods P.O.Box 221,North Andover,MA 01845 37.D 39 David Plamer 284 Salem Street,North Andover,MA 01845 This certifies that the names appearing on the records of the Assessors Office as of Certified by bate 4.Mar 30 05 10: 47a NORTH RNDOVER 9786889542 p. 2 RECEIVED N►o>t Ft c rq j�v c? �X 1577N CrTQ " Ci � OFFICE Town of North Andover Planning Board 2006 FEB -3 AN1 42 Application for Watershed Special Permit 1 Tl i r :t Please type or print clearly. D. Petitioner. ,X"I Z v" ET+ Petitioner's Address: AA)Aoki e Telephone number. (-OP- 2. -OP-2.. Owners of the Land: Aj- l vC4.o�iurrv, Address: /v l/l 7y,2.v P i 14 t- sf �E"i r��7� /knrD I�✓Ei� Kanter of years of ownership: 1 3. Year lot was created: 2 C c7, 4. Is the lot currently on septic or sewer? ou E 2 if on sewer,please provide date the sewer connection was conoleeted: /-41 4- 5. Description of Proposed Project: o 1 ";K15-/?^/ 6- z-4"V /2 61r' 211 9 m (-tP- e 1, /itis 1 AI C-[Z r3 roy L aLi D co""L�i—, i:7�9 77y 6. Description of Premises: /�/S N(rG r9E✓►iL y LLl e pd)Oi7, Lt Co,- G r 7. Address of Property Being Affected &,F i21.CD G-C- 12c?,9 D Zosung District R-3 Assessors: Map. :37,t-;' Lot d /!a Registry of Deeds: Book M. q 7,22 Page M. Z 7S Existing Lot: �, Lot Area(Sq.Ft) 3`/, 4/I-/S7 BdWingHe v L Street Frontage: !2 9,9!2(- Side Setbacks: F ,' Frost Setback: 7S hear Setback: Floor Ares Ratio: N/)4 Lot Coverage; 9. Proposed Lot(if applicable): , Lot Area(Sq.Ft) 31L L/y S- Building Height 3 c Street Frontage: r 2 G-U q Side Setbacks: z ` Z Front Setback -t.s Rear Setback: r Floor Area Ratio: .v,,,1 A Let Coverage:,N 114 -Mar 30 05 10: 47a NORTH HNDOVER 9786889542 p.3 10. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) 2 Z n o© Building Height �c Street Frontage: 1:Z5- Side Setbacks: 2 o Front Setback: 3o Rear Ste• 3 e, Floor Area Ratio: _ w/� Lot Coverage: &J_.4 11. Existing Building(if appRuble): Ground Floor(Sq.Ft.) /o�,.s-f #of Floors: Z Total Sq.FL 3 3 e 0 Height: 2-o Use: (; s,n-e--n f ��rrLL,AJ 15 TypeofCa m*uction woop ]E:f1AMI' 12. Proposed Building: Ground Float(Sq.Ft.) / S 9 #of Floors: 2 Total Sq.Ft. 3 o0 Height: 2� Use 111e-lic�f✓ nSAL CP,^-'C-LLiv6� Type of Con on t,-JQoD V-A / E 13. Has there been a previous application for a Specal Permit frog the Planning Board an these premises? ,amu e s If so,when and for what type of construction? zoo s u)R°%Z:xsftc-- 14. Section of Zoning Bylaw that special Permit is Being Requested 15. Petitioner mad Lwmkwaer sighaturn(s): Every application for a Special Permit shalt be made on this form which is the official form ofthe Planting Board. Every application shall be filed with the Town ClaWs,office. It shall be the responsibility of the petitioner to fieuish all mipporting doaamantation with this application. 'The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all vqmses for filing and legal no"cation. Failure to c:ornply with application rapdra neats,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B card ofthis application as incomplete. ' Petitioner's Sigaature: Print or type mane here: ci �' ��y C.-n Owner's Signature: Print or type name here:--Or 16. Plena Net Wk of plass and documents you will be attacking to this andiemtion. oydocw mWwmtenied�tehipen�B 3 WATERSHED SPECIAL PERMIT APPLICATION 249 MARBLERIDGE ROAD NORTH ANDOVER, MA 01845 PREPARED FOR : BELFORD CONSTRUCTION INC. 1049 TURNPIKE STREET NORTH ANDOVER,MA 01845 APRIL 1,2005 PREPARED BY: NEW ENGLAND ENGINEERING 60 BEECHWOOD DRIVE NORTH ANDOVER,MA 01845 Town of North Andover Planning Board Application for Watershed S ial Permit Please type or print clearly. 1. Petitioner: 6 EL f 0,00C s'i"Rt1 l O.l? SNC. Petitioner's Address:,to y! :rueAI Pf IKji�7 .1,79 &)02-1# AAJ">0dc2 Telephone number: 2. Owners of the Land: -5t9mF i9-s if�r71 ?io4jZ4 Address: Number of years of ownership: I�EG�nlfac. f�RGK�SEb 3. Year lot was created: kY/57/.�lr /-o7- UN A d O WIV . 4. Is the lot currently on septic or sewer? S-Oky C12 If on sewer,please provide date the sewer connection was completed: Jt e2 S- 5. 5. Description of Proposed Project:.sPL ri X/S7 N/r- `7/ -70? S.Jz.' jv '7J iwv At)-15 033980 s. 5 37_3Zy siiev 6- S/,116.1-C WON16- AAIZ- cv,vsi evcT Slsy 6-1- C22ivt'L y /Yc�xueS 6. Description of Premises: Rx/ST,11%C-- 1-6-1- /-S -74-2-057 S, 191/..:2 CUNT SNS r9 Sra G-LE P:iq n011- 0 WE 2-"AJ& I-o%f-s CvR2En�jt _ /vim °lam �.s9�lF�scr'lpEy wi°7l 7. Address of Property Being Affected 2,V17 ✓ ?&IZB I,o2 I Q G-6, Zoning District: 9-3 i All. w POT-r-e 9H&,3 b/sTi2/�`f Assessors: Map: 37,C> Lot# 16 Registry of Deeds: Book M 93 Page M z7.S 8. Existing Lot: Lot Area(Sq.Ft) 7�30 BuildmgHeightr Street Frontage: Side Setbacks: 3a R /C25 'L Front Setback: b6' Rear Setback: I-1s" Floor Area Ratio: , a ty(, Lot Coverage: 3"l 9. Proposed Lot(if applicable):t-v i l avr z Lot Area(Sq.Ft) 33980,373-Qq Building Height Street Frontage: �0713,o?G,//28•.4' Side Setbacks:.21 1--i z --U. sQ Front Setback: 5 2 Rear Setback:—/,54 a Floor Area Ratio: .p/ •07s" Lot Coverage: 10. Required Lot(as required by Zoning Bylaw): , Lot Area(Sq.Ft) 2-5,000 Building Heigbt � Street Frontage: 1 Z5 Side Setbacks: zo` Front Setback: 30 Rear Setback: 301 _ Floor Area Ratio: NM Lot Coverage: lV j9 11. Existing Building(if applicable): Ground Floor(Sq.Ft.) /&,W #of Floors: z Total Sq.Ft. Height: 2a Use: ResIv9-Ar-jML-. Type of Construction wob.a KM&O 12. Proposed Building: ti s�oTL Ground Floor(Sq.Ft.) 23vb1i7oV #of Floors: 2 z _ Total Sq.Ft. 3 7-Ia R B?6 Height: 4 �_ 4 X- C"-Use: Q Es i P f4)-r7 A%-. b,-e"tA) 5 Type of Construction w-0,- A?+4Afe-- 13. Has there been a previous application for a Special Permit from the Planning Board on these premises? 410 If so,when and for what type of construction? 14. Section of Zoning Bylaw that Special Permit is Being Requested </ j3.6 15. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature s gee fj-og D Print or type name here: g e,7'4- C (!I. C' 5� Owner's Signature:� 0_, Gni ;f Fib, _9e4�� Print or"name here: /3— J7 1. 16. Please list title of plans and documents you will be attacking to this application. P�u+��. s�;G �c�ue(.�P��..� j p�fi4c�S / prc ,feu. .1��-� D A fhAj A G6- R-ep0 2-i {7fLOfrE�i �B�c4 ) f Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning Town of North Andover Abutters Listinq REQUIREMENT., MGL 40A,Section 11 states in part'Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town.' Subiect Property., MAP PARCEL Name Address 37.D 16 Reed Cundiff 249 Marbleridge Road North Andover,MA 01845 Abutters Properties Map Parcel Name Address 37.D 3 Rene Fugere 202 Marbleridge Road North Andover,MA 01845 . 37.D 4 Robert Olenio 292 Salem Street North Andover,MA 01845 37.D 5 John Mcloughlin 327 Salem Street North Andover,MA 01845 37.D 11 Jerrold Beeney 255 Salem Street North Andover,MA 01845 37.D 13 Jean Smith 270 Marbleridge Road North Andover,MA 01845 37.D 14 Joseph Averka Trustee 260 Marbleridge Road North Andover,MA 01845 37.D 15 Katharine Morgan 240 Marbleridge Road North Andover,MA 01845 37.D 17 John Fox 225 Marbleridge Road North Andover,MA 01845 37.D 18 Ridgewood Cemetery Association PO Box 22 North Andover,MA 01845 37.D 36 George Kafides 265 Salem Street North Andover,MA 01845 37.D 38 Eleni Woodis PO Box 221 North Andover,MA 01845 37.D 39 David Palmer 284 Salem Street North Andover,MA 01845 37.D 43 Robert Olenio 300 Salem Street North Andover,MA 01845 Page 1 of 1 This certifies that the names appearing on the records of the Assessofs Office as of t � Certif b ' Date 3 31 aS WATERSHED SPECIAL PERMIT APPLICATION 249 Ntk"LERIDGE ROAD NORTH ANDOVER, MA 01845 INTRODUCTION This application is being submitted to allow the construction of two single family homes in the watershed protection district. The site is currently one single family lot with 256 feet of frontage and 71,309 square feet of area and is improved with a single family home and appurtenances. The existing home is an older home;however it has no unique or historical significance. The lot as it exists today is fully landscaped with a mowed lawn and is used as yard. The enclosed plans propose the construction of two new single family residential dwellings. Each of these dwellings is constructed outside the non discharge buffer zone associated with the wetlands at the rear of the property as allowed by the bylaw. The structure on Lot 2 however is located within the non discharge buffer zone of a wetland located on the opposite side of Marbleridge Road. This wetland does not receive flow from the site or from Marbleridge Road and a variance is to be sought from the Board of Appeals. SPECIFIC SPECIAL PERMIT REQUESTS 4.136(3)(C)(ii)(1) Increases in surface water discharge In conjunction with the construction of the two new homes there is an increase of impervious area resulting in a potential increase in storm water runoff.To offset the increase both homes will have the roof runoff directed in to gutters and in to an infiltrator system which will infiltrate the increased flow in to the ground. The result of this infiltration is a decrease in the surface flow rate and volume from the site in the post development condition. Drainage calculations are enclosed herewith. 4.136(3)(c)(ii)(1)Changes in Topography or Grade Grading for the homes and the infiltrator areas will occur in the Non-Disturbance Buffer Zone. 4.136(3)(c)(ii)(5)Increase in surface or subsurface discharge Infiltration of the increase in storm water runoff is accomplished using an infiltration system which is proposed as being located in the Non Discharge Buffer Zone. 4.136(3)(c)(ii)(3) Construction of a dwelling located in the Non-Discharge buffer zone Construction of the dwelling on Lot 2 is proposed as being inside the Non-Discharge Buffer zone of a wetland located on the opposite side of Marbleridge Road. This wetland does not receive water from the site or Marbleridge road. Water travels along the East side of Marbleridge Road,crosses Marbleridge Road and discharges to the wetland behind the project site after traveling over the neighbors property.At the present time no water drains from the project site in to the wetland on the opposite side of the street and therefore the project site does not have any adverse impact on that wetland.A variance will be sought to allow the home to exist within the Non-Discharge Buffer Zone.The proposed pians divert water away from the neighbors property so that the flow travels over the project site and in to the same wetland system in a different location. s o STATEMENT OF WATER QUALITY IMPACT CONSTRUCTION OF TWO RESIDENTIAL DWELLINGS 249 MARBLERIDGE ROAD,NORTH ANDOVER,MA Potential degradation of water quality associated with residential development can be most closely associated with the following: • Ground water contamination from on site subsurface sewage disposal systems. • Construction activity resulting in erosion of soil into adjacent wetlands. • Increases in storm water volume runoff from impervious surfaces. • Chemical loading as a result of fertilizer and pesticide application. None of the above activities at the above referenced location will adversely impact the water quality in the adjacent wetlands and downstream waters,i.e.Lake Cochichewick due to the following: • The site is serviced by municipal sewer. • Erosion control consisting of double staked haybales backed by siltation fence will be installed between the project site and the downstream wetland areas to prevent siltation during construction. • Increases in storm water volume will be absorbed by infiltration of roof water runoff in to the ground. Surface water peak flow as well as volume will be reduced. Driveway runoff will be filtered through a deep sump catch basin and a water quality swale. • Use of organic and low nitrogen fertilizers and curtailing the use of pesticides will reduce the potential chemical loading in to adjacent wetlands. • An increase buffer zone area will promote on site treatment of runoff water. Application of the above measures will result in no increase in concentrations of nitrogen, phosphorous and other dissolved inorganic chemicals. The quality of surface and ground water adjacent to Lake Cochichewick will not be adversely impacted by the proposed construction at 249 Marbleridge Road,North Andover. M1 CW�s�c Benjamin LC. Osgood,Jr.,P.E. �a 9ENJAriN C., � , _ OSGOODJit. � C aoae ►sTE� b� S/ONAI� ' NORTH °� `"° '•�" Town of North Andover RECEIVES ' Office of the Planning Department oly 1#RASHI Community Development and Services Division too H � 400 Osgood Street ss� North Andover,Massachusetts 01845 '' w it CHusst ' Lincoln Daley bft://www.townofnorthandover.COM Town Planner P(978)688-9535 F(978)688-9542 NOTICE OF DECISION Any appeal shall be filed within(20) days after the date of filing this Notice in the office of the Town Clerk. Date:. August8, 2005 Date of Hearings: May 3-July 19, 2005 Petition of. Belford Construction,Inc., 1049 Turnpike Street, North Andover,MA 01845 Premises Affected: 249 Marbleridge Road,North Andover, MA 01845 Map 37D, Parcel 16 Referring to the above petition with provision of M.G.L. Chapter 40A, Section 9, 11, & Section 4.136, 10.3 of the North Andover Bylaw for a Watershed Special Permit so as to allow for the splitting of existing 71,309 s.f. lot into two lots,raise existing single family home and construct two new single family homes with driveway and appurtenances. Property is located within the R-3 zoning district. At a public hearing given on the above date, the Planning Board voted to APPROVE a Watershed Special Permit upon a motion made by Alberto Angles 2"d by James Phinney with language as amended, vote was unanimous 4-0. Signed: Lincoln Daley, Town lanner cc: Applicant Engineer Richard Nardella, Chairman Abutters John Simons, Vice Chau Town Departments James Phinney, Clerk Alberto Angles BOARD OF APPEALS 688A541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 249 Marbleridge Road Watershed Special Permit July 5,2005 The Planning Board makes the following findings regarding the application of Belford Construction, 1049 Turnpike Street, North Andover, MA 01845, filed on April 1, 2005. The area affected is located at 249 Marbleridge Road in the R-3 Zoning District, Map 37D Lot 16. The Lots 16-1 and 16-2 were created in 2005 and are subject to the Watershed Protection'District provisions for lots created after October 24, 1994. The applicant is requesting a Watershed Special Permit to raze the existing residential dwelling and construct two single-family dwelling units,associated driveways,the installation of underground utilities,and grading. Activities will be located within the Conservation Zone(within 75'),Non-Disturbance Zone(75'to 150'), and Non-Discharge Zone (150' to 400) of delineated wetland resource areas in the Watershed Protection District. A Variance was granted on June 17, 2005 by the Zoning Board of Appeals to allow the proposed activities to take place within the Conservation Zone. Appendix A In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria,are meta Specifically the Planning Board makes the following FINDINGS OF FACT`: 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 this finding on the following facts: a) The two single-family dwellings will be 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 to construct the structures, driveway, landscaping,and appurtenances._ e) Certification has been provided by a registered professional engineer that the addition will not have an effect on the quality or quantity of runoff entering the watershed protection district;and f) The construction has been reviewed by the Town's Engineer and with the application of the erosion control and use of organic low nitrogen fertilizers, there will be no degradation to the quality or quantity of water in or entering Lake Cochichewick or any wetlands. 2. There is no reasonable alternative location outside the Conservation, Non-Disturbance, and Non- Discharge Buffer Zones for any discharge,structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT; 1. 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. The proposal has been reviewed by the Town's outside consulting engineer,VHB,to ensure that adequate stormwater controls are in place; 2. The use will not adversely affect the neighborhood as the lot is located in a residential zone; 3. There will be no nuisance or serious hazard to vehicles or pedestrians; u BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PL/ ING4 tel► 249 Marbleridge Road Watershed Special Permit July 5,2005 4. Adequate and appropriate facilities are provided for the proper operation of the proposed use.The houses will be serviced by sewer and underground utilities for electric cable and telephone services; 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. The North Andover Zoning Board of Appeals granted a Variance on June 17, 2005 from: Section 4 Paragraph 4.136(Cxii)(3) in order to construct two new permanent structures within the Non-Disturbance Buffer Zone; Section 4 Paragraph 4.136(dxiii)(2) to allow changes to the topography within the Conservation Zone; Section 4 Paragraph 4.136(d)(iiix3) to allow vegetative removal within the Conservation Zone; and Section 4 Paragraph 4.136(dxiiix5) to allow surface and subsurface drainage for the driveway of the proposed dwelling within the Conservation Zone; Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following CONDITIONS: 1) SPECIAL CONDITIONS: a) 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 for the watershed special permit and/or the Zoning Board of Appeals for the variance; b) Erosion Control Monitor: The applicant must retain the services of an Erosion Control Monitor to inspect the site during construction activities, specifically during installation of the driveway and utility connections. The Erosion Control Monitor shall conduct weekly inspections and provide a monthly written report of the site conditions and recommended stabilization measures. Disturbed slopes shall be immediately seeded;and c) The single-family dwellings must contain a residential fire sprinkler system.The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department. d) Stormwater management structures must be maintained in perpetuity by the homeowners. 2) PRIOR TO ANY WORK ON SITE: a) A performance guarantee of three thousand dollars($3,000) 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 and to ensure that the as-built plans will be submitted; b) The decision must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department; c) Erosion controls as shown on the referenced plan must be installed and must be reviewed and approved by the Town Planner; d) 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 and be in compliance with the above permits and approvals;and BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 • 249 Marbleridge Road Watershed Special Permit July 5,2005 e) Wetland resource area boundary flags must be in place and reviewed by the Town Planner. 3) PRIOR TO ISSUANCE OF A BUILDING PERMIT: a) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file; b) The residential fire sprinkler system must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the system has been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. c) The Planning Board must endorse the final site plan mylars and three copies of the signed plans and delivered to the Planning Department. 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 measures 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. 5) In no instance shall the applicant's proposed construction be allowed to further impact the site other 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, its 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 July 19,2005 on which the Special Permit was issued,unless substantial use or construction has commenced. 10) This decision must be filed with the North Essex Registry of Deeds. The following information is' included as part of this decision: Plan titled: Site Plan 249 Marbleridge Road North Andover,MA Assessors Map 37D,Parcel 16 Prepared for: Belford Construction,Inc. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688.9530 HEALTH 688-9540 PLANNING 688-9535 249 Marbleridge Road Watershed Special Permit July 5,2005 1049 Turnpike Street North Andover,MA 01845 Prepared by: New England Engineering Services, Inc. 60 Beechwood Drive North Andover,MA 01845 Scale: 1"=20' Sheets: 1 -4 Date: April 1,2005 CC. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Applicant Engineer Abutters Assessor DPW File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 r r Massachusetts Department of Environmental Protection DEP File Number: �-- Bureau of Resource Protection -Wetlands WPA Form 5 - order of Conditions 242-1304 Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 A. General Information Important: North Andover When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Belford Constuction, Inc. use the return a. First Name b.Last Name c.Company key. 1049 Turnpike Street d.Mailing Address North Andover MA. 01845 e. Citylrown f.State g.Zip Code 4. Property Owner(if different from applicant): Same a.First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 249 Marbleridge Road North Andover a.Street Address b.City/Town Map 37D Lot 16 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known(note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) 9394 275 c. Book d.Pa g 4/1/05la 7. Dates: a.Date Notice of Intent Filed b.Date Public Agiaring Closed c.Dat of Iss nce 8. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Site Plan SIS„#s (_Y a.Plan Title New England Engineering Services,Inc. Benjamin C. Osgood, Jr., P. E. b. Pre ared By c.Signed and Stamped by 7 gC)/Os 1,,= 20, d. Ffnal R vision Date e.Scale f.Additional Plan or Document Title g.Date 9. Total WPA Fee Paid: $ 1,000 $487.50 $ 512.50 a.Total Fee Paid b.State Fee Paid a City/Town Fee Paid wpaform5.doc• rev.3/1105 Page 1 of 9 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1304 Massachusetts Wetlands Protection Act M.G.L. c. 131., §40 B. Findings t. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply a. ® Public Water Supply b. ❑ Land Containing Shellfish ,c. ® Prevention of Pollution d. Private Water Supply a. t. ® Protection of Wildlife_ ® pp y ❑ Fisheries Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures whichare adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.06(6)(c). Inland Resource Area Impacts:Check all thatapply below_(For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement s. ❑ Bank a.linear a feet b.linear feet c.linear feet d.linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under Waterbodiea and a.square feet b.square feet c.square feet d.square feet Waterways e.cu.yd dredged f.cu.yd dredged wpaforn5.doc• rev.311/05 Page 2 of 9 t L1Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 1 WPA Form 5 - Order of Conditions 242-1304 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ Rlverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f,square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.Gy nourishmt. d.Gy nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.UY nourishmt. d.cly nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d,square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.3/1105 Page 3 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 Order of Conditions 242-1304 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes; refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be.stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 242-1304_ " wpaform5.doc• rev.W105 page 4 of 9 L11Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1304 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission, 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: 4f you need more See attached space for additional conditions, select box to attach a text document Page 5 of 9 wpaform5.doc• rev.311105 L1Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 1 WPA Form 5 - Order of Conditions 242-1304 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? [ Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission , 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more space for c. The special conditions relating to municipal ordinance orb law are as follows: additional See attached conditions, select box to attach a text . document wpaform5.doc- rev.3/1/05 Page 6 of 9 DEP FILE#242 - 1304 Therefore, the North Andover Conservation Commission(hereafter the"NACC")hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations,to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the Rlans, syecifications or otherproposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However,the NACC, agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act(310 CMR 10.00), the North Andover Wetland Bylaw and Regulations,and may require any information,measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC,agent or DEP determines that any of the work is not in compliance with this.Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,state or local statutes, ordinances,by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. C:\Winword\OOC\249MarbleridgeRoad.doc 1 NACC 7/29/2005 DEP FILE#242 - 1304 24. Where the Department of Environmental Protection(DEP)is requested to make a determination and to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. P tY 25. This Order of Conditions is issued under File No. 242-1304. 26. The conditions of this decision shall apply to, and be binding upon,the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term"Applicant" as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: The removal/razing of the existing single-family dwelling for the purposes of constructing portions of a driveway,installation of stormwater management structures,appurtenances and site grading associated with the construction of two single-family house lots(lots 1 &2)within the Buffer Zone to a Bordering Vegetated Wetland associated with an intermittent stream. The single- family dwellings will be constructed outside of the 100'buffer zone. Associated work is within the Lake Cochichewick Watershed Protection District. 29. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Belford Construction,Inc. (Applicant) 1049 Turnpike Street North Andover,MA 01845 Received date April 1,2005 Site Plans prepared by: New England Engineering Services,Inc.,entitled "SitePlan 249 Marbleridge Road",Sheets 1 -4. Sheets 1 &2 dated April 1,2005 with a final revised date of July 20,2005.Sheets 3 &4 dated April 1,2005 with a final revised date of May 26,2005.Plans signed and stamped by Benjamin C.Osgood,Jr., P.E. Other Documents: "Drainage Report:249 Marbleridge Road",dated March 31,2005 with a final revision date of June 15, 2005,prepared by New England Engineering Services, Inc. Signed.&stamped by Benjamin C. Osgood,Jr.,PE; Drainage review letter Eggleston Environmental,dated June 28,2005; C:\Winword\OOC\249MarbleridgeRoad.doc 2 NACC 7/29/2005' DEP FILE #242 - 1304 Response letter from New England Engineering Services, Inc.,dated July 9,2005; Drainage review letter from Eggleston Environmental dated July 12,2005. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone and a fifty-foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade,soils or vegetation is permitted in the No- Disturbance zone. (See Section 3.4&Appendix F of the local Regulations). 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors,subcontractors,and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34. The owners of the project and their successors in title,in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order,the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Maintenance of the drainage system,if accepted by the Town as. part of a public way,becomes the responsibility of the Town. 35. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding,storm damage or any other form of water damage. C:\Winword\OOC\249MarbleridgeRoad.doc 3 NACC 7/29/2005 DEP FILE#242 - 1304 PRIOR TO CONSTRUCTION 36. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department or Court have been completed. 37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense.. 38. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words"Massachusetts DEP,File Number 242-1304." 39. Any changes in the submitted plans caused by the applicant,another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant,the NACC will call for another public hearing(at the expense of the applicant).Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes.The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction.No work shall begin on project until written approval has been granted by the NACC. 40. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. C:\Winword\OOC\249MarbleridgeRoad.doe 4 NACC 7/29/2005 DEP FILE#242 - 1304 41. Prior to any work commencing on-site,the applicant shall submit to the NACC for approval, a detailed sequence of construction,including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 42.Wetland'flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil,or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 43. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s)referenced in this Order of Conditions. Should such installation be required by the NACC,they shall be installed within 48 hours of the Commissions request. 44. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling,a minimum of 20 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 45. A check payable to the Town of North Andover shall be provided in the amount of $2,000,which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel,,and shall be released after completion of the project,provided that provisions, satisfactory to the NACC,have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary C'\Winword\OOC\249MarbleridgeRoad.doe 5 NACC 7/29/2005 DEP FILE #242 - 1304 release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. PP Y ty 46. The applicant shall designate a Professional Wetland Scientist as the project's "Environmental Monitor" (EM) to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site,during any 24-hour period,including weekends. This professional must submit aletter on company letterhead stating they have been retained as the project's Environmental Monitor. The designated Environmental Monitor is subject to approval by the NACC. This person shall also be given the authority to stop construction for erosion control purposes.The ECM will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 47. ON EVERY MONDAY of each week,or otherwise arranged by the NACC,in which construction activities occurs on-site and for as long thereafter as ground remains unstable,it is the applicant's responsibility that the Environmental Monitor,monitor the site and submit written reports to the NACC.The EM shall certify that,to the best of his/her knowledge and belief based on a careful site inspection,all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The EM must visually inspect all sedimentation/ erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The reports shall also include current condition of erosion and sedimentation controls; describe any erosion or sedimentation repair and/ or replacement; and describe any erosion or sedimentation problems and mitigation measures implemented. Such reports shall continue until the applicant requests a less frequent reporting schedule or an end to reports.This request must be submitted in writing and is subject to approval by the Conservation Administrator. 48. Prior to construction,the applicant shall permanently mark the edge of the "75'Planning Board Conservation Zone"with nine (9) signs or markers spaced evenly every 30-feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers available at the Conservation Department for$2.00 per marker.The placement of said markers are subject to review and approval by the Conservation staff.The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 49. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any portion of said land to another party,subject to said Orders of Conditions,the "Compliance Certification Form Affidavit" attached via"Appendix A" signed under the pains and penalties of perjury,stating that said applicant and/or C:\Winword\OOC\249MarbleridgeRoad.doc 6 NACC 7/29/2005 DEP FILE #242 - 1304 owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days after to the closing of said land transaction. 50. Once these above mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor,the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre- construction meeting(e.g.72 hours). ETORMWATER MANAGEMENT CONDITIONS 51. All construction and post-construction stormwater management shall be conducted in, accordance with supporting documents and plans submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 52. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions,unless specifically approved in writing by the Commission. 53. Waterq �'uali down gradient of BVWs shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 54. All roof runoff shall be directed to the infiltration units to provide groundwater recharge,as shown on the approved plans referenced herein.The applicant shall inspection the infiltration units prior to the sale of the property and/or the Certificate of Compliance to ensure they are functioning&filtering properly.The new C:\Winword\OOC\249MarbleridgeRoad.doc 7 NACC 7/29/2005 DEP FILE#242 - 1304 homeowner shall conduct annual inspections to ensure serviceability.This condition shall remain iner etui P P tY 55. The new homeowners shall be responsible for maintenance of the roof gutters to ensure proper function.Accumulated debris shall be removed on a regular basis.This condition shall remain in perpetuity. 56. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps,outlet structures, subsurface storage areas,and other elements of the drainage system, unless put into an easement to the Town of North Andover,in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas,and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 57. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 58. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 59. A crushed stone construction entrance(s)'shall be designated for each lot to minimize soil/material tracking onto Marbleridge Road.This entrance shall be reinforced as necessary. 60. The limit of work/erosion control line shall be enforced and maintained as depicted on the approved plan referenced herein. 61. A row of 4-6' spruce,pine,or hemlock saplings shall be planted on 15' centers along the 75' Conservation Zone,in accordance with the approved plan referenced herein. 62. Erosion control devices shall be inspected regularly;any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas;silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation personnel. The Environmental Monitor shall be on site during and/or following a rain event of 1- inch or greater,to ensure that soils remain stable,erosion controls are adequate and secure, and that all BMP's are adequately functioning. 63. The sewer lines on the site shall be tested for water tightness in accordance with North Andover DPW standards. C:\Winword\OOC\249MarbleridgeRoad.doc 8 NACC 7/29/2005 DEP FILE#242 - 1304 64. De-watering activities anticipated shall be supervised and witnessed by the designated Environmental Monitor.This designee must be on-site while work specific to de- watering activities are occurring and until complete. Activities shall be monitored daily by the Environmental Monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas.No discharge of water is allowed directly into an area subject to jurisdiction under the MA Wetlands Protection Act and/or the North Andover Wetlands Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval,which provides for the pumped water to be contained in a settling tank or basin,to reduce turbidity prior to discharge into a resource area. 65. Any fill used in connection with this project shall be clean fill,containing no trash,refuse, rubbish or debris, including but not limited to lumber,bricks, plaster,wire, lath,paper, cardboard, pipe, tires, ashes,refrigerators,motor vehicles or parts on any of the foregoing. 66. No exposed area shall remain unfinished for more than thirty (30) days,unless approved by the NACC. 67. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 68. There shall be no stockpiling of soil or other materials within twenty-five (25)feet of any resource area. 69. After final grading,all disturbed areas located within a resource area,which will not remain as wetland areas, shall be loamed (minimum of 4" of quality loam), and seeded. This shall all be done in accordance with SCS guidelines.All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade,soil profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. 70.Washings from concrete trucks,or surplus concrete, shall not be directed to,any drainage system, or wetland resource area. 71. All waste generated by, or associated with,the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However,no trash dumpsters will be allowed within 50'of areas subject to protection under the Act or local Bylaw. C:\Winword\OOC\249MarbleridgeRoad.doc 9 NACC 7/29/2005 DEP FILE#242 - 1304 72. During and after work on this project, there shall be no discharge or spillage-of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1)business day. No construction vehicles are to be stored within 100 feet r=f wetland resource areas,and no vehicle refueling,equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 73. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection Bylaw. 74. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types (<5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area.This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland Protection Bylaw and shall remain in perpetuity. 75. Upon completion of construction and grading,all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 76. Upon approved site stabilization by the Conservation Department,the erosion controls shall be removed and properly disposed of and all exposed areas shall be seeded. 77. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A-"Request for a Certificate of Compliance. b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. C:\Winword\OOC\249MarbleridgeRoad.doc 10 NACC 7/29/2005 DEP FILE #242 - 1304 f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer(and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above,and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor)of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone,which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to)septic systems,additions,fences, sheds, stonewalls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes Any disturbance of soils or vegetation. Location of all subsurface utilities entering the property. 78. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition#32); ➢ Maintenance of the infiltration units (Condition#54) ➢ Maintenance of the roof gutters (Condition#55) C:\Winword\OOC\249MarbleridgeRoad.doc l l NACC 7/29/2005 DEP FILE #242 - 1304 ➢ Discharge or spillage of pollutants (Condition# 72); ➢ Prohibition of underground fuels (Condition#73); ers herbicides and pesticides (Condition ➢ Limitations on the use of fertilizers, #74). C:\Winword\OOC\249MarbleridgeRoad.doc 12 NACC 7/29/2005 � r r DEP FILE#242 - 1304 APPENDIX A—AFFIDAVIT h on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File.#) placed upon by the North Andover Conservation Commission(NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been ...(DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Condition et d nd have read the same and understand each and every condition,which has been forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of -20----,I inspected said property together with any and all improvements,which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property,which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of •20 (Authorized agent of applicant or owner) C:\Winword\00 C\249MarbleridgeRoad.doc 13 NACC 7/29/2005 r Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 --Order of Conditions 242-1304 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special 7 a 9 <q5 condition pursuant to General Conditions#4, from the date of issuance. t.Date If I suafice Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this D 7+11 JLJ 0005 Of Day Month I Year Before me, the undersigned Notary Public, 'yC_V1 f' H'XXSe_ personally appeared Name of Document Signer proved to me through satisfactory evidence of identification,which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission Cityrrown DONNA M.WEDGE NOTARY PUBLIC Signature of Notary Public 7 Cn!MOMdJFALTH OF MASSACHUSETTS 309 Printed Name of Notary Public g�7/acao9 Place notary seal and/or any stamp above My Commission Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on gby certified mail,return receipt requested,on 71ag/o5- Date Date wpaform5.doc• rev.3/1/05 Page 7 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1304 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Section G, Recording information is available on the following page. Page 8 of 9 wpaform5.doc• rev.3/1105 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands ' t WPA Form 5 — Order of Conditions 242-1304 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1304 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Applicant Signature of App cant wpaform5.doc• rev.3/1/05 Page 9 of 9 I� ' t NONTi Town of North Andover Office of the Planning Department Community Development and Services Division s;c'Hus t 400 Osgood Street North Andover,Massachusetts 01845 Lincoln Daley hft://www.townofiiorthandover-com iorthandover.com Town Planner P(978)688-9535 F(978)688-9542 June 24, 2005 C s co 4' + A Mr. Ben Osgood, Jr.New England Engineering Services ' 60 Beechwood Drive North Andover, MA 01845 Reg: 249 Marbleridge Road Form A Dear Mr. Osgood: As you are aware, the Planning Department received a Form A plan on April 26, 2005. You submitted a written extension to waive the time constraints until June 30, 2005 in order for the Planning Board to review your additional request for a Watershed Special Permit for 249 Marbleridge Road. The purpose of a lot line change for property located at 249 Marbleridge Road, Map 37D, Parcel 16, in the R-3 zoning district is to subdivide the lot into two parcels: The lot line change will create a proposed lot for Map 37D, Parcel 16-1 with an area of 34,445 s.f. and Map 37D Parcel 16-2 with an area of 37,163 s.f. The process will allow the separating of one lot into two parcels as shown on the Plan of Land dated May 11,2005,as drawn by David Alves, Professional Land Surveyor, #45454,New England Engineering Services, Inc., 60 Beechwood Drive,North Andover, MA 01845. All improvements on the lot, house, sheds, chain link fence etc. to be removed. Sincere y, Lincoln Daley, Tofi Planner cc: Planning Board Engineer FORM AYC � 3} ADSSK �'� APPLICATION FOR APPROVAL NOT REQUIRE DATE: .j4fi APR 2b P 12' 08 D (Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) form with the Planning Board.) To the Planning Board: The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1.Name of Applicant: REl-FORD 6o An? tev c i r Div [•V L Address: /0,1-19 7'vt2iv.D(1<e STlLEc i� t A-)oa—ii-e ANIS oocp. i✓l.�. 2.Location and Description of Property[include Assessor's Map andLot and ZoningDistrict(s)]: 2 9 NI A'RBt.r;R t 1>&C P-0 A D N 2-rH 3.Deed Reference: Book q 3 l Page z 7� or Certificate of Title: 4.Name of Surveyor: DAU%o A t--V ES Address: % tile V-/ 1~Ad4-i"JA)7 Signature of Owner(s): c (::5) Address: ! c'`1% 7V 12✓l A-j 1P c, ^-1/,%- Please indicate the grounds(either A,B,C or D,not a combination)on which you believe your plan not to be a subdivision. Each lot on the plan meets one of the following criteria: 1. Has the frontage,lot area,and lot width required under the Zoning By-law on: a) a public way,or b) away which the Town Clerk certifies is maintained&used as a public way,or c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,recorded in Plan Book Plan ,or d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e) away shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: a) joined to and made part of an adjacent lot,or b) labeled"Not A Building Lot". C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision Control Law. D. The plan shows an existing.parcel with no new lot division(s) and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: Notice to APPLICANUTOWN CLERK of action of Planning Board on accompanying plan: t✓ The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision, as defined by G.L. c.41, s. 81-L and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date: u� ,. N A ,, Df NO oT e'gNd Town of North Andover Town Clerk Time Stamp Community Development and Services Division Office of the Zoning Board of Appeals 400 Osgood Street North Andover,Massachusetts 01845 D.Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 rn Any appeal shall be filed within Notice of Decision � - (20)days after the date of filing Year 2005 of this notice in the office of the , Town Clerk,per Mass.Gen.L.ch. 40A, §17 Property at: 249 Marbleridge Road NAME: Belford Construction,Inc., HEARING(S): May 12&June 14,2005 1049 Turnpike Strut,North Andover ADDRESS: for premises at:249 Marbleridge Road PETITION: 2005-009 North Andover,MA 01845 TYPING DATE: June 17,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,June 14,2005 at 7:30 PM upon the application of Belford Construction,Inc., 1049 Turnpike Street,North Andover,for premises at:249 Marbleridge Road,North Andover requesting a Variance from Section 4,Paragraph 4.136(3)(c)(ii)(3)of the Zoning Bylaw in order to construct a new permanent structure within the Non-Disturbance Buffer Zone of the Watershed Protection District.. Said premises affected are property with frontage on the West side of Marbleridge Road within the R-3 zoning district. The original legal notices were published in the Eagle- Tribune on April 25&May 2,2005. Amended legal notices for Belford Construction,Inc., 1049 Turnpike Street,North Andover,for premises at:249 Marbleridge Road,North Andover requesting a Variance from Section 4,Paragraph 4.136(3)(c)(ii)(3)of the Zoning Bylaw in order to construct a new permanent structure within the Non-Disturbance Buffer Zone of the Watershed Protection District. The applicant has amended the Variance application to include Paragraphs 4.136(3)(d)(iii)(2), 4.136(3)(d)(iii)(3),and 4.136(3)(dXiii)(5). Said premises affected are property with frontage on the West side of Marbleridge Road within the R-3 zoning district. The amended legal notice was published in the Eagle-Tribune on May 30&June 6,2005. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Thomas D.Ippolito,and Richard M.Vaillaucourt. The following non-voting members were present: Albert P.Manzi,III,and David R Webster. Upon a motion by Richard J.Byers and 2nd by Joseph D.LaGrasse,the Board voted to GRANT a Variance from Section 4,Paragraph 4.136(3)(c)(iix3)in order to construct two new permanent structures within the Non-Disturbance Buffer Zone of the Watershed Protection District,and from 4.136(3)(d)(iii)(2), to allow changes to the topography,4.136(3)(d)(iii)(3),to allow vegetative removal,and 4.136(3)(d)(iii)(5), to allow surface and subsurface drainage(swale and PVC pipe)for the driveway of the Proposed Dwelling Sill Elev. 104.00 within the 75 foot Planning Board Conservation Zone,of the Zoning Bylaw per Variance Plan 249 Marbleridge Road,North Andover,MA Assessors Map 37D,Parcel 16 prepared for Belford Construction,Inc., 1049 Turnpike Street,North Andover,MA 01845,April 14,2005 by Benjamin C. Osgood,Jr.,Registered Professional Civil Engineer#45891,New England Engineering Services,Inc.,60 Beechwood Drive,North Andover,MA 01845. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse, Richard J.Byers,Thomas D.Ippolito,and Richard M Vaillancourt- Page l of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division x 400 Osgood Street North Andover,Massachusetts 01545 'ss.►c►ws� D.Robert Nicetta Budding Commissioner Fax (978)688-9541 Fax (978)688-9542 The Board finds that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw in that the granting of this Variance will not adversely affect the neighborhood,that the topography of this parcel and the proposed drainage control by treatment swales,catch basins,and roof drain infiltration areas will not increase runoff to neighboring parcels or to Marbleridge Road or derogate from the intent and purpose of the Zoning Bylaw. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein 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, it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre,Chair Decision 2005-009. M37DP16. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 MORTIS TOWN OF NORTH ANDOVER VARIAT ";'t ZONING BOARD OF APPEALS NAME: Belford Construction Inc - ADDRESS OF APPEAL: 249 marble Ridge Road REVISED FORM 6/01/05 Procedure & Requirements for an Application for a Variance Ten(10)copies of the following information must be STEP 6:SCHEDULING OF(HEARING AND submitted thirty (W days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules l time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as kxxxnplete. notice for mailing to the parties in interest(abutters)a The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified du t the legal notice has been prepared and It Rules and Regulations and is not meant to cost of the Ply in Interest fee. � supersede them. The petitioner will compete items� rTFp T DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Offic STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals aid delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication. h receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONI1* BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application fore to petition the represented by an agent or attorney. In the absence Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by usir completed. the information it has received to date- STEP 3: PLAN PREPARATION: STEP tlr DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Boa decision may be made pursuant to Massachusetts STEP C* OBTAIN LIST F PARTIES IN INTEREST:• General Low ch.40A§17,within twenty(20)days a The petitioner requests the Assessors Office to compile the decision is filed with the Town perk. a certified list of Parties in interest(abutters). STEP 10,MQRDING THE DECISION AND PtJ STEP S: SUBMIT APPLICATION: The petitioner is responsible for recording oedificati( Petitioner submits one(1)original and ten(10)Xerox the decision,the Mylar,and any accompanying plar copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 Office to be certified by the Town Cork with the time Common St., Lawrence MA,and shall complete the i and date of filing. The original will be left at the Town Certification of Recording form and forward it to the Clerk's Office, and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building the Zoning Board of Appeals secretary. Department. ` IMPORTANT PHONE NUMBERS: d -�-.� ,�; PAGE 1 978-688-9533 Office of Community Dev. &Services North Andover Town Half 400 Osgood Street, North Andover, MA 120 Main Street , , t 01845 > ' 978-688-9542 fax for Community Development offices 978-688-9501 Town Cleft's c 978-68&9545 Building Department 978-68&95e6 Assessors,Offce 978-688-9541 , Zoning Board of Appeals Office ' PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application fora VARIANCE 1. Petitioner. *Name, *Address and telephone number: Belford Construction, Inc 1049 Turnpike Street North Andover, MA 01845 978-975-5752 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Belford Construction. Inc. 1049 Turnpike Street North Andover, MA 01845 978-975-5752 Years Owned Land: 1 Month 3. Location of Property: a. Sheet: 249 Marble Ridge Road Zoning District: R-3 b. Assessors: Map number 37D Lot Number. 16 c. Registry of Deeds: Book Number 5390 Page Number 344 4. Zoning Bylaw Section(sr under which the petition for the Variance Is made. 4.136(3)(c)(ii)(3) Watershed nrotertion distrier 4.136.3.d.iii.2 4 4.136.3.d.iii.3 & 4.136.3.d.iii.5 for work in the planning oar conservation zone ot the wa ers e 'Refer to the Zoning Bylaw Denhd and Plan PAN w Narrative Bonn as suppled by the Binding Commissioner. 5. Describe the Variance request: Allow the construction of a dwelling within the non-discharge buffer zone at a distance of 106 feet from the wetland in lieu of the required 150 feet Also, to allow changes in grade, cutting of vegetation, and allow a subsurface or surface discharge in the planning board conservation zone in the watershed i.stric Tha aban dascriptlon ahsN Oe wad for 1M purp— of the Npd n m u n and de r, 'n A mots d bk%d Zaft Board aides and RAyul ftm as clad on paps 4,sactlon!of a is W0jCgdon. b11dW aPPMc�to dascf�e tM raathary Fdkas I@ n�rMad P to dw V gwc -may r wdt in a deddan that does not address the kNark of the applcant. The decieton"M be I - "to the request by the appocant and wo net invotw addoond rtnus not kK*xlod above. 6 A. Difference from Zoning Bylaw requirements: indicate the dimension(:)that will not meet currant Zoning Bylaw Requirefnente. (tines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % B. % XXX Distance between wetland and structure. 106 Vs 150. Reduce by 44 feet. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE > s a z> 6 B. Existing Lot: Lot Area Open Space Percent lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. CoverageFeet Spaces Front Side A Side B Rear 71,608 N/A N/A 259.87 2 65 80 85 175 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft Coverage Feet Spaces Front Side A Side B Rear 34,445 na _ N/A 128.44 2 75 21 28 154 37-,163 N/_ A N/a 130.43 2 42.1 21.1 39.1 250 t 6 D. Required Lot: (As required by zoning Bylaw s Table 2) } Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spares Front Side A Side B Rear 25,000 N/A N A 125 2 30 20 200 3 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number g Square feet Floors Sq.feet Building• of!knits" 1660 2 34 3320 Residential dwelling 1 F "Reference Uses from the zoning Bylaw&Table 1. '"State number of units in bu ming(s). 7B. Proposed Building(s): Ground Floor Number of Height Tom Use of Number Square feat Floors Sq.feet Buikrtg" of buts" 2307 2 34 4614 Residential dwelling 1 1830 2 34 3660 Residential dwelling1 Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s)- 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the zoning Board of Appei does not absolve the applicant km this responsibility. The petitioner,shall be responsible for all o pensee for filing and legal notification. Failure to comply with 'rements,as cited herein and m the Zoning Board Rules and Regulationns mar result in a dismi the Zoning of this pplication as incompiet Sign re: Type above names) here: Mark Rea PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a *10. B.*Plan Specifications: legibly written or typed memorandum setting forth in 1) Sian of plan: Ten(10)paper copies of a pian detail all facts relied upon. When requesting a Variance not to exceed 11"x17",preferred scale of I'--40' from the rewrements of MGLA ch. 40A, See. 10.4 and In One(1)Mylar. the North Andover Zoning By-laws, all dimensional EM Phu prepared by a Registered Professional requirements shall be dearly identified and factually Engineer andlor Land Surveyor,with a block for supported. AN points,A-F,are required to be five(5)ZBA signatures and date indicated on the addressed with this application. Mylar. A. The pantic ulw use proposed for the land or *10 C. *Features To Be Indicated On Plan: structure. 1) Sins Orientation shall include: B. The circumstances relating to soil conditions, shape 1. north point or topography of such land or structures especially 2. ung district(s) affecting the property for which the Variance is 3. names of streets sought which do not affect genrerally the zoning 4. wetlands(if applicable) district in which the property is located. 5. abutters of property,within 300' radius C. Fads which make up the substantial hardship, 6. locations of buildings on aclacent properties financial or otherwise,which results from literal within 50'from applicants proposed structure enforcement of the applicable zoning restrictions 7. deed restrictions, easements. with reaped to the land or building for which the Ill)Legend S Graphic Aide: variance is sought. 1. Proposed features in solid lines&outlined in red D. Fads relied upon to support a finding that relief Z. basting features to be removed in dashed lines sought will be desirable and without substantial 3. Graphic Scales detriment to the public good. 4. Date of Plan E. Facts relied upon to support a finding that relief 5. Title of Plana sought may be given without nullifying or 6. Names add and phone numbers of the substantially derogating from the intent or purpose applicanut,owner or record, and designer of of the Ordinance. surveyor. F. Submit RDA from Conservation Commission when Continuous Bu iiidable Area is applied for in Z13A 10 D.Minor Projects application. Amor projects,such ss decks,sheds,and garages, shall require only the plan information as indicated with 10. PLAN OF LAND an. aelerisk(*). In some cages further information may Each application to the Zoning Board of Appeals shall be r"Ar be accompanied by the following described plan. Planus must be submitted with this application to the Town 11. APPLICATION FILING FEES Clerk's Office and ZBA secretary at least thirty(30)days 11.A. Notification fees:Applicant shall provide a prior to the public hearing before the Zoning Board of check or money order to:`Town of North Andover appeals. 6072-1760-4841'for the cost of first class, certified, return receipt($4.42 as of November 2003)x d of all A set of building elevation pians by a Regbb wed parties in interest identified in MGLA ch. 40A§11 on the Architect may be required when the application abutter's hat for the legal notice check. Also,the Involves new coratrucdoWconverelont andfor a applicant shall supply first dass postage stamps Proposed change in use. (currently 370)x the it of partles of interest on the abutter's list for the decision mailing. 10.A.or Major Projects are thoeee,which involve one of the 11.S. Meft labels:Applicant shall provide four(4) following w hedw existing or proposed: sets of mailing labels no larger than 1'x -W(3 copies 1)five(5)or more parking spaces, for the Legal, and one copy for the Decision mailing). U)three(3)or more dwelling units, 11.C. Administrative fee of$50.00 application. IH)2,000 square feet of building area. Iii Major Projects shall require, that in addition to the 108& 4 A Variance once granted by the ZBA will lapse In 10C features,that the plans shrew detailed utilities, soils, 1 (one)year If not exercised and a new petition mus and topographic information. be submitted.+ NEW ENGLAND ENGINEEfAfVICES INC 2005 MAY 21 A 11: 59 May 26 2005 Lincoln Daley North Andover Planning Board 400 Osgood Street North Andover, MA 01845 Re: 249 Marble Ridge Road Watershed special permit application Form A plan submittal Dear Lincoln: This letter is being sent to the Planning Board in order to grant an extension of time to act on the above referenced submittals. The extension is being granted to June 30,2005. If you have any questions or need additional information please do not hesitate to contact this office. Regards, Benjamin C., Osgood,PE. President RECEIVED MAY 2 6 2005 R 't-TtMENT 60 BEECHWOOD DRIVE-NORTH ANDOVER,MA 01845-(978)686-1768-(888)359-7645-FAX(978)685-1099 r NEW ENGLAND ENGINEERING Sx -=S INC f4 . VEP 1Q S MAY 12 P 12: 2g May 12, 2005 Lincoln Daley North Andover Planning Board 400 Osgood Street North Andover, MA 01845 Re: 249 Marble Ridge Road Form A plan Dear Lincoln: Enclosed are the original and three copies of the revised Form A plan for the above referenced property. These plans are being submitted with the revisions requested by you for approval by the Planning Board. This letter also will serve as notification that the Board is being granted an extension of time to sign the Form A plan until June 15, 2005. If you have any questions or need additional information please do not hesitate to contact this office. Regards, Benjamin C., Osgood, PE. President 60 BEECHWOOD DRIVE-NORTH ANDOVER,MA 01845-(978)686-1768-(888)359-7645-FAX(978)685-1099 Apr 15 05 02: 42p NORTH ANDOVER 9786889542 p. 2 Town of North Andover Naa*k Office of the Zoning Board of Appeals so: Community Development and Services Division 400 Osgood Street North Andover, Nlassachusetks 01845 'SS,cKus�` D. Robert Nicola Building Commissioner Fax (978)688-9541 Fax (978)688-9532 Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover,MA on Thursday the 12th of May 2005 at 7:30 PM to all parties interested in the appeal of Belford Construction,Inc., 1049 Turnpike Street,North Andover, for premises at: 249 Marbleridge Road,North Andover requesting a Variance from Section 4, Paragraph 4.136(3)(c)(ii)(3)of the Zoning Bylaw in order to construct a new permanent structure within the Non-Disturbance Buffer Zone of the Watershed Protection District,. Said premises affected are property with frontage on the West side of Marbleridge Road within the R-3 zoning district. Plans are available for review at the office of the Building Department,400 Osgood Street,North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre,Chair Published in the Eagle-Tribune on April 25 &May 2,2005. t- � —tom n l Legalnotice 2005-009. M37DP16. w Board of Appeals 978-698-9541 Building 978-683-9545 Conservation 978-699-9530 Ilzalth 978-688-9540 Planting 978-688-9535 Town of North Andover Town Clerk Time Stamp a Community Development and Services Division _ ECEiV E0 o f; Office of the Zoning Board of Appeals Id , ;',�„g��' 400 Osgood Street f Q W LER f North Andover,Massachusetts 01845 !,e D. Robert Nicetta Telephone (978)688-9541 1GS Building Commissioner Fax (978)688-9542 MAY 2 A 10. � ,r Legal Notice Amended North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will continue a public hearing at the top floor of Town Hall, 120 Main Street,North Andover, MA on Tuesday the 14th of June 2005 at 7:30 PM to all parties interested in the appeal of Belford Construction, Inc., 1049 Turnpike Street,North Andover, for premises at: 249 Marbleridge Road,North Andover requesting a Variance from Section 4,Paragraph 4.136(3)(c)(ii)(3) of the Zoning Bylaw in order to construct a new permanent structure within the Non-Disturbance Buffer Zone of the Watershed Protection District. The applicant has amended the Variance application to include Paragraphs 4.136(3)(d)(iii)(2), 4.136(3)(d)(iii)(3), and 4.136(3)(d)(iii)(5). The original legal notice was published in the Eagle-Tribune on April 25 &May 2, 2005. Said premises affected are property with frontage on the West side of Marbleridge Road within the R-3 zoning district. Plans are available for review at the office of the Building Department,400 Osgood Street,North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen.P. McIntyre, Chair The amended legal notice was published in the Eagle-Tribune on May 30&June 6, 2005. Legalnotice 2005-009, Amended. M37DP 16. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 ASSESSORS MAP 37D, LOT 16 71 ,608 SQ. FT. DEED REFERENCE: 249 MARBLERIDGE ROAD N/F RIDGEI�OOD CEMETERY ASSOCIATION BOOK 5390, PAGE 344 ESSEX NORTH REGISTRY OF DEEDS ASSESSORS MAP 37D, PARCEL 16 f PLAN REFERENCE: "FORM A PLAN 249 MARBLERIDGE ROAD" PREPARED FOR BELFORD ' EROSION CONTROL CONSTRUCTION. DATED APRIL 13, 2005. PREPARED BY NEW ENGLAND SERVICES INC. ENGINEERING � � COO ��o THIS PROPERTY IS LOCATED IN THE R 3 ZONING DISTRICT ' ~ CO o /� // FOR REGISTRY USE ONLY 71°33'12" • / --90 ( 267.306. 0000, /'� / 8 V olle .00, 104 - I 1 ( � 75 TABLE OF OFFSETS LOT 2 r 110 ,� / • / r I PROPOSED .� O :—�/ REQUIRED p I R,w w o / t / ( LOT 1 / ! t I 86 FRONT 30' 42.1 ' = G 3 0 1 1 A5 SIDE A 20 21 .0 I / / I 102_ / �" �- I ,� , / o �- © :, / 634,445± S.� I { 1 N/F RIDGEWOOD CEMETERY SIDE B 20039.1 I I � ( / o ...... ... ( ASSOCIATION REAR 30' 246.2' 150' PLANNING BOARD M w / I I WETLAND FRONT 150 150.5 NON DISTURB ZONE I cv / p w WETLAND REAR 150' 106.0' a w THIS PLAN IS THE RESULT OF AN ON THE GROUND SURVEY --...,•�.. I I S a v ( 1 4 1 r w PERFORMED BY NEW ENGLAND ENGINEERING SERVICES, INC. -..,, • __ �__ ( I / / I "'° I I w I 1 1 ► I os 106— 0 ► a o � r a -1 -3 o I _ !( 1 ( ( / INTERMITTENT STREAM 100 S I 1 S 0 �. w APPROVED: NORTH ANDOVERjj t 2 ZONING BOARD OF APPEALS 3 •::: :.: :.:... :........ 1 • 33 / 100' CONSERVATION o '• r :::::::::::: ::::..................... COMMISSION B..U...F•dF• E-.R... ZONE ...............U................. ...... ....... ............. :.........,Kll••: .r.:.:.:.:.:::::::::.:.r:.:1:.:.: ::::::::.'.::.:: ......,i 1 / r 8 . . ..... DRIVEMAY. ..... .................... . .. ... .... {' ......................... "`. \ • �. 21x'88 A-/x 1 75 PLANNING BOARD ,�•� 9 \ 1 33 1V . .... ... .... ...... .. / / CONSERVATION ZONE 98 --�, o_ _t�?` -cv -� •� / I I , I ........../...: / I / , .•... .,_ .. 42. 1% ............Wit.....' , •/ - ( x0 14 ' �� � � _ — _zoo / // / .� / '• LOT i 50 CONSERVATION •-- rn ; '� ./ / �/ 3'7,163 SF / 82 �^ N BUILD ZONE S x ` �. `� COMMISSION 0 � ,- � o -•. • ._ _ — .0 Z ..j ..j /X 0 Lu •/ • °' 3 -1 25' CONSERVATION W •• S — t m 0_ o (n-1 � � � pQ`• P � � � � / EROSION CONTROL // / COMMISSION NO CUT ZONE — --- / . / / ./0" / Al 95`5 x ' W Q 1 / 06 rn / i ,/ ( cit WETLANDS LINE as ` . �S :: 3 • / 00 ,..... ........... ,/ co *"': .... i `` :: ; is i :r:;; ::::::':': : ::':; �. / .� 92-eco :.�:: :::.: ::::: � DRIVEWAY.. .....;::': : : ':: :.':: ' ::: r,- :: '::.(•:i:•.:v. ::::. •'::::r:::::: ? ri:ii'::i•rrri:: ::'r::•i:r:t:i':•:i':: ::r:•.i?r:i �:i.'. 4 x `�' :::;::> :. --: :::.:: , .:::::::. ::::.::: .:':::::.. : ::::::::......::::.................. .......... is 2,7 ,, S ::::: :::::.9 ................::•.. : :.. 0 39 �, / Qo .... S °37 06 , / as LEGEND ( \ • 0 /001 6 94 PROPOSED GRADE 1 I / ' . w BENCHMARK OUTER CORNER OF s — — CONCRETE STAIRWAY SLAB. EXISTING GRADE EXISTING ELEV. 00.00 (ASSUMED DATUM) WETLANDS LINE 4W A2 A2 WATER SERVICE M• 94 _ . ' CONSERVATION / 9 25 � ' .... .. ..o.,... ..,_.�..v.....�....r,...........r, C 9 24 94 13 0 M ' COMMISSION NO CUT ZONE W - -- -- -- — 50 CONSERVATION / � xX� 100' CONSERVATION / / N/F FOX COMMISSION NO BUILD ZONE " "'•• • o,�` w 1 COMMISSION BUFFER ZONE 75' PLANNING BOARD EROSION % 75' PLANNING BOARD CONSERVATION ZONE � �• ° '�"' °�""'�' rn -' 9,�,• CONTROL CONSERVATION ZONE • 100' CONSERVATION WETLANDS LINE •••--••• •••-•---•••---•--•••--- S 50' CONSERVATION COMMISSION COMMISSION BUFFER ZONE �i VARIANCE PLAN 4"09 NO BUILD ZONE 150' PLANNING BOARD � �,•iHOF�cassq 249 MARBLERIDGE ROAD 93'83 25' CONSERVATION COMMISSION ����° ®E��A �N C— LOCUS NORTH ANDOVER, MA NON DISTURB ZONE ____.. �' � ' �.. g �� NO CUT ZONE LOCUS MAP NOT TO SCALE �� ASSESSORS MAP 37D, PARCEL 16 EROSION CONTROL -------------...." ,.`. -"" os�®�°,�� " W 9 9 150' PLANNING BOARD x ' NON DISTURB ZONE `4 No��ess1 PREPARED FOR EXISTING FENCE x x x S`,q °� GIs ��G BELFORD CONSTRUCTION, INC. & DRIVE ................................................................ 9 7 1049 TURNPIKE STREET EXISTING BUILDINGS `�� ADEN �` NORTH ANDOVER, MA 01845 E SEWER ---�- �- MANHOLE STS FOUNDATION DRAIN F SCALE: 1 20' APRIL 14 2005 SWALE ----��- -�-�~�- ^•--�°►- I CERTIFY THAT THIS PLA WAS PREPARED IN CONFORMANCE WITH THE RULES AND YLATIONS OF THE REGISTRY OF DEEDS. REVISED NEW ENGLAND ENGINEERING SERVICES, INC. EXISTING SPOT GRADES 99*99 94*07 "0F"'AS�' 60 BEECHWOOD DRIVE NORTH ANDOVER, MA 01845 PROPOSED SPOT GRADES 99+99 .,DAVID jv �op� (978) 686--1768 NAME U awE DATE �. as ' 20' 0 20' 4D' 60' A -1 I e,41*- SITE BY: SHEET f CHECKED BY: ANS SURVEv * SITE J S.G.B. & T.K H. 1 of 1 D.A. & B.C.O. Jr., 93#73 v.+��� FILE #: DESIGN BY: 984-VAR-4-14-05 D.A. & B.C.0. Jr. NOTES DWELLING LOCATION, TEST PIT LOCATION, AND TOPOGRAPHIC INFORMATION TAKEN FROM AN ON THE GROUND SURVEY / PERFORMED BY NEW ENGLAND ENGINEERING SERVICES, INC. 249 MARBLERIDGE ROAD � EROSION / DEED REFERENCE: BOOK 5390, PAGE 344, ESSEX NORTH REGISTRY OF DEEDS. ASSESSORS MAP 37D, PARCEL 16 CONTROL THIS PROPERTY IS LOCATED IN THE WATERSHED PROTECTION DISTRICT. CO O THIS PROPERTY IS LOCATED IN THE R-3 DISTRICT. N/F RIDGEWOOD CEMETERY ASSOCIATION b I ://l / _ — _ — — — — _ ,g �Q5 CONSTRUCTION NOTES O O S 5 DR 5 002 (TYP.) APVC ND FILTER DHEATERcb S71°33 12 E DWELLINGS SHALL HAVE GUTTERS INSTALLED WHICH CONNECT TO INFILTRATOR AREAS WITH 6" SDR. 35 PVC PIPE. / SEWER I / ~ ALL DISTURBED AREAS SHALL BE LOAMED AND SEEDED. MANHOLE I / 267.30' PROPOSED 2' / — RETAINING WALL A ISIGNS OR MARKERS INCORPORATING THE FOLLOWING TEXT: "PROTECTED WETLAND RESOURCE AREA" SHALL BE INSTALLED I / / / / 40 FEET ON CENTER ALONG THE 75' PLANNING BOARD CONSERVATION ZONE ON 4" x 4" PRESSURE TREATED POSTS. i I / / / / / / RIP 41,P BENCHMARK SHALL BE RELOCATED BY DESIGN ENGINEER PRIOR TO START OF CONSTRUCTION. 104 — ZS' / / _�- / / APROIA 110 S I II / I� �125' / I I / � Ai/j/r/ •"' � 98.0 / I � / UTILITY POLE � I EXISTING DWELLING w � a ,• -INV. : iirrsir I •, 1 / SILL ELEV, 110.3 /r //r r/ I — B6 G CF ELEV. 102.00f G /rrr�rfr/r�rr//jr '0 LOT 1Id / — r-+ TREE LINE a /i� /ii 13' ROCK 1 , ,.i PT2 I rii!!i!:ii!�j COPING 1 A5 TP2 y •A ' 34, 445± S F I N/F RIDGEWOOD CEMETERY PROPOSED r/' ►� 45' OF 6" SDR 35 PVC SPl�; P0° ASSOCIATION 150' PLANNING BOARD I (c OVERFLOW. S = 0.10 I NON DISTURB ZONE I O 6" SDR 35 PVC SEWER PIPE S- P 1� PROPOSED 8 •' a------------- PATIO � a. Ix W a•. J x I I 106— •e• I I I I I I 1 — � I A4 i W 'IT GARAGE OFLOOOR / X / INTERMITTENT STREAM 100W s I S - - - — I at - c) \ I °33 / 100' CONSERVATION — 102--— — _ _ - 2 x / / EXISTING 1 11.01 / c9 _ / GARDEN COMMISSION BUFFER ZONE EXISTING GAS SERVICE _ / TO BE TERMINATED �r! `,� / / / AREA 84 _ fi Co ... ' PROPOSED N "'—�•, !'� CONCR T BITUMINOUS �C / CRETE DRIVEWAY 121. 68' ° , „ x /x / INV. 96.00 1 75' PLANNING BOARD _ �0 ���� 6" 8SDR25 PVC W X ► / �� CONSERVATION ZONE — — — 1 98 - —� - ��' — — — — _ S = 0.01 (TYP.) / /' / A3 Y -- _ 42, RIP RAP / APRON I I i N� i l� 6" SDR 35 x PVC SEWER I G r PROPOSED DWELLING / J / / %;� LOT 2 P OPOSED _ 50' CONSERVATION COMMISSION EXISTING I O SILL ELEV, 106.00 _ NO BUILD ZONE SEWER STUB \ x -i C F ELEV. 98.00 DECK / _ - - 82 _ S - T / / ,--i 3 7, 16 3---�-- S F / / — 8 2 INSPECTION i- 30' OF 6" SDR 35 PVC/ \•. \ S I S �' PORT (TYP.) v�\��0 �/ OVEF;FLOW. S = 0.08 4'-6' SPRUCE / PINE/ HEMLOCK A\°) PLANTED 15' ON CENTER 25 CONSERVATION COMMISSION UTILITY 1 A PT1 NO CUT ZONE Al POLE X \ ___ / TP1 Oy�S OF / / CD / / ice/ / / 6 / -�i� / / / NOTE: FLAG A2 ELIMINATED \ CATCH BASIN \ RIM INV. 9194.5 \ 0 x GARAGE FLOOR ss•ss 1 — ELEV. 98.00 I / / 15' OF 6" \ _ / / DR 35 PVC s y / / / I WETLANDS LINE 94— \ S = 0.01 / / , / / / I d cc 11 �i ,'// EROSION O 92-- it 103 / � / / s,�' �/// i � CONTROL � p PROPOSED BITUMINOUSINV. 92.0 / I S 94 0 ICONCRETE DRIVEWAY / i 392 / co BITUMINOUS i � N62 CURB / 9 62 94192 94 57 LEGEND j / o 6" SDR 94_ _ _ +oo �, BENCHMARK: OUTER CORNER OF 21 PVC �� _- — _ /' CONCRETE STAIRWAY SLAB. EXISTING WATER SERVICE / / I I \ NV. 92.5 0.02 ELEV. 100.00 (ASSUMED DATUM) PROPOSED GRADE 98 ; �� — — -� — — — — J- CHECK 0 ,i i DAM EXISTING GRADE - - - - - - - - - - - - �� / 9 24 9 so c� o; CATCH easlN — / O C''J RIM ELEV. 94.5 X /' / 7 9a ,3 ^ W INV. 92,8 WE E "A1 -- - .,A2 / VI — — I _ ,x 100' CONSERVATION / N/F FOX 25' CONSERVATION W W� COMMISSION BUFFER ZONE / COMMISSION NO CUT ZONE /. 75' PLANNING BOARD / 50' CONSERVATION EROSION / CONSERVATION ZONE COMMISSION NO BUILD ZONE —' -- •' • — —94 CONTROL / 75' PLANNING BOARD 50' CONSERVATION COMMISSION CONSERVATION ZONE • • • • S / / No BUILD ZONE 25' CONSERVATION COMMISSION 100' CONSERVATION 4`09 150' PLANNING BOARD •'• "' "' "' 4.07� / NON DISTURB ZONE COMMISSION BUFFER ZONE NO CUT ZONE 150' PLANNING BOARD 94 43 P� 93'83 / WETLANDS LINE NON DISTURB ZONE w 93 9 SITE PLAN � - EROSION CONTROL --------------------------'- 249 MARBLERIDGE ROAD OF 7 W7�aF EXISTING FENCE x x x x EXISTING 12" WATER MAIN 94 NORTH ANDOVER, MA LOCUS MAP NOT TO SCALE � � EE�!JkP"I�{� ~F ASSESSORS MAP 37D, PARCEL 16 JR EXISTING BUILDINGS & DRIVE SEWER CI"L �� " '` PREPARED FOR MANHOLE ' 11 BELFORD CONSTRUCTION, FOUNDATION DRAIN s =; INC. SWALE A �� °• '•'`-"� 1049 TURNPIKE STREET * L, 94.07 sT .� ,VJA.`{'13tpf4 NORTH ANDOVER, MA 01845 EXISTING SPOT GRADES 99*99 SCALE: 1". = 20' APRIL 1 2005 PROPOSED SPOT GRADES 99+99 REVISED NEW ENGLAND ENGINEERING SERVICES, INC. DALE �� 4-27-05 60 BEECHWOOD DRIVE LOT AREA & DIMENSIONS NORTH ANDOVER, MA 01845 N �mPo 5-26-05 (978) 686- 1768 93''3 �P�° WETLAND FLAGS, DOWNSPOUTS 20' 0 20' 40' 60' 7-20-05 DRAWN BY: SHEET #: CHECKED BY: SITE 10-27-05 S.G.B. & T.K.H. 1 of 4 S.E.P. & B.C.0. Jr. MOUSE FOOTPRINT, GRADING 2-3-06 FILE #: DESIGN BY: POOL & PATIO, LOT1 984-1-2-3-06 B.C.O. Jr. NOTES / DWELLING LOCATION, TEST PIT LOCATION, AND TOPOGRAPHIC INFORMATION TAKEN FROM AN ON THE GROUND SURVEY 249 MARBLERIDGE ROAD PERFORMED BY NEW ENGLAND ENGINEERING SERVICES, INC. EROSION CONTROL DEED REFERENCE: BOOK 5390, PAGE 344, ESSEX NORTH REGISTRY OF DEEDS. ASSESSORS MAP 37D, PARCEL 16 ' ITHIS PROPERTY IS LOCATED IN THE WATERSHED PROTECTION DISTRICT. � � � � c�� THIS PROPERTY IS LOCATED IN THE R-3 DISTRICT. r O� N/F RIDGEWOOD CEMETERY ASSOCIATION �� , I� / — - — — — — — ,9� b 9� CO CO 0 � 267.30 CONSTRUCTION NOTES .-, ti / I / / A6 — — — - - 90 DWELLINGS SHALL HAVE GUTTERS INSTALLED WHICH CONNECT TO INFILTRATOR AREAS WITH 6" SDR. 35 PVC PIPE. W SEWER ' I / / MANHOLE ALL DISTURBED AREAS SHALL BE LOAMED AND SEEDED. I I / / / til SIGNS OR MARKERS INCORPORATING THE FOLLOWING TEXT: "PROTECTED WETLAND RESOURCE AREA" SHALL BE INSTALLED I I / hi " " 40 FEET ON CENTER ALONG THE 75' PLANNING BOARD CONSERVATION ZONE 0N 4 x 4PRESSURE TREATED POSTS. I I 75' BENCHMARK SHALL BE RELOCATED BY DESIGN ENGINEER PRIOR TO START OF CONSTRUCTION. 104' — I / I I 110' INV. 98.0 UTILITY POLE III oPROPOSED DWELLING SILL ELEV. 108.00 / - - - 86 G G CF ELEV. 100.00 ' / I ' j LOT 1 / / / ! 1 I I A5 / I TREE LINE I / � ; / I 11 '. 33,980± S F 10 l / / 1I 1 / N/F RIDGEWOOD CEMETERY I / / "j"' 6" SDR 35 PVC I I I I I 150' PLANNING BOARD I I TP2 1111 OVERFLOW. / / ; I ASSOCIATION NON DISTURB ZONE I I 6" SDR 35 PVC ER PIPE // S / "'•••^• ..... PROPOSEDDECK W I - - -----J-- I ' 36" PINE I jp W-r / GARAGE FLOOR-I"":"" / G N + .... I INTERMITTENT STREAM ,��J^� EXISTING ;1 I I / / 100 I 1 oe ELEV. 104.00 I I p ARDE 1 1 W S ���� �� II / 1 s I 1. 2 6� 02 4 100' N RV ATI ON ' ................... COMMISSION BUFFER ZONE EXISTING GAS SERVICE I "" """ ro / 84 AT D 1 1 RMIN E TO BE TE }} M IN 0 U .. 1 S EO B U _ .. I .R 0 .. 1t........... r. ............. / 6" SDR 35 PVC � I .. ...... ... . ..... ......,.. RETE Y. » {{ GONG ,,..:::....:. . .....::::::.': t':::`:, l -�• .::.......... OVERFLOW. / ..... ........................•.,,,.., ' •'TaY 1._..., rc ra. i1 / .. .... ......... .a::. � . 6.00 C.... . ..:::.: INV. 9 r /.............. j O 75' PLANNING BOARD � •�' 120.00 \ I I / CONSERVATION ZONE 98 --�. _''`� \ .� / / LLJ .......... Ap \ 6" SDR 35 X \ r PVC SEWER 40 PROPOSED DWELLING —" — — ,O / / / /• / LOT 2 50' CONSERVATION COMMISSION EXISTING PIPE C� ' o ----\ SILL ELEV, 104.00 PROPOSED / ��� / / "/• / i�' Cv // / / ' _ 82 NO BUILD ZONE SEWER STUB ` - ry C.F. ELEV. 96.00 `CK / OO �/ / 37,329± S / 9 / �� 00 / 4'-6' SP6UCE / PINE/ HEMLOCK W S / / QQ�00 5G 00 / / / / i�/ / PLANTED 15' wN CENTER 25' CONSERVATION COMMISSION �I- -- - / F��OF �� / / / / Y / A2 NO CUT ZONE-N\ \ TPI / WAl g IN, '000I \`•��• 95.54 X \; GARAGE FLOOR _ / / / .�, �1' / / /•, / I I EROSION UTILITY POLE ,06 Lam' 96 / CONTROL 94- 98 roo ' / 00 WETLANDS LINE i / / I I J :'r: :. :::c 00 ROPOSED BI MINOUS ::` : >::, :?. :: ':..:.'''''' :. /' i i / / / QD 92 r.:.:::.: :::":::::::'::CONCRETE DRIVEWAY::;'::'.': ; '*': ' :::'>;' 96 1 / . .............. : :: .':':'::':; INV. 92 0 i...... .... I ........... ................................. rrr:rrr::::: Go . "TYPEGo 9 J I e �i, / 3g2 0 / W I g4 9 / /• / 9 62 94.92 ,........ / / / 94 BITUMINOUS / CURB BENCHMARK: OUTER CORNER OF / / 6" sD -._�. I — —_��- i / CONCRETE STARWAY SLAB. LEGEND I _ / f / / / EXISTING WATER SERVICE INV.V. PVC 92.5 94 +� , / / ELEV. 100.00 (ASSUMED DATUM) / PROPOSED GRADE 98 / `.J CHECK DAM / / CATCH BASIN ��-� � � • EXISTING GRADE - - -- -' —' - - - - - - - 0J� 9 24 9 94/3 ' RIM ELEV. 94.5 � Al W INV. OUT 93 A2 / 100' CONSERVATION N F FOX tK WETLANDS LINE v -- � � / / COMMISSION BUFFER ZONE 25' CONSERVATION W COMMISSION NO CUT ZONE ` / 75' PLANNING BOARD , `< EROSION / CONSERVATION ZONE 50' CONSERVATION `� --94 CONTROL _.. .. .. .. .._ 9 , COMMISSION NO BUILD ZONE rn � 50' CONSERVATION COMMISSION 75' PLANNING BOARD '�'/ / NO BUILD ZONE ZONE ' ' ' ' s / CONSERVATION25' CONSERVATION COMMISSION 4.09 7� j' 150' PLANNING BOARD NO CUT ZONE 100' CONSERVATION NON DISTURB ZONE COMMISSION BUFFER ZONE •° "' "' 93.83 ; WETLANDS LINE � 150' PLANNING BOARD a 43 % NON DISTURB ZONE ' ' ' ' ' ' W 93 9 SITE PLAN . � EROSION CONTROL ---------------------------- 249 MARBLERIDGE ROAD, 'A OF Ylgss NORTH ANDOVER, MA EXISTING 12" WATER MAIN EXISTING FENCE X X x x ry G ASSESSORS MAP 37D, PARCEL 16 LOCUS MAP NOT TO SCALE ; ,�' 6EMJA,:�1�1 c. Cs SEWER OSGOOD,JR. EXISTING BUILDINGS & DRIVE •'•""'•"""'°"""""""""""..... °°""'°""' MANHOLE �' CIVIL PREPARED FOR No.46891 BELFORD CONSTRUCTION, INC. �- S�F� ° �� �c►6°. � � 1049 TURNPIKE STREET FOUNDATION DRAIN s si a NORTH ANDOVER, MA 01845 SWALE —v-�- —�-��- ^ -�- ^--�- 94.07 r�F EXISTING SPOT GRADES 99*99 SCALE: 1" = 20' APRIL 1, 2005 SjRE� REVISED NEW ENGLAND ENGINEERING SERVICES, INC. PROPOSED SPOT GRADES 99+99 DALE 60 BEECHWOOD DRIVE NORTH ANDOVER, MA 01845 93.73 (978) 686-1768 20' 0 20� 40' 601 DRAWN BY: SHEET #: CHECKED BY: SI TE S.G.B. & T.K.H. 1 of 4 S.E.P. & B.C.O. Jr. FILE #: DESIGN BY: 984-1-4-1-05 B.C.O. Jr. i NOTES / DWELLING LOCATION, TEST PIT LOCATION, AND TOPOGRAPHIC INFORMATION TAKEN FROM AN ON THE GROUND SURVEY / PERFORMED BY NEW ENGLAND ENGINEERING SERVICES, INC. DEED REFERENCE: BOOK 5390, PAGE 344, ESSEX NORTH REGISTRY OF DEEDS. 249 MARBLERIDGE ROAD EROSION CONTROL, PARCEL 16 / THIS PROPERTY IS LOCATED IN THE WATERSHED PROTECTION DISTRICT. ASSESSORS MAP 37DI ' THIS PROPERTY IS LOCATED IN THE R-3 DISTRICT. l / % CO Cp / O) c� N/F RIDGEWOOD CEMETERY ASSOCIATION ro °�j• 1 / CONSTRUCTION NOTES / — — — — — _ — oN ° � I 1 9 CO j ii p //267.30' / DWELLINGS SHALL HAVE GUTTERS INSTALLED WHICH CONNECT TO INFILTRATOR AREAS WITH 6" SDR. 35 PVC PIPE. �, / � A6 — — W SEWER / / / / / — — ALL DISTURBED AREAS SHALL BE LOAMED AND SEEDED. MANHOLE I 1 • - 90 SIGNS OR MARKERS INCORPORATING THE FOLLOWING TEXT: "PROTECTED WETLAND RESOURCE AREA" SHALL BE INSTALLED 40 FEET ON CENTER ALONG THE 75' PLANNING BOARD CONSERVATION ZONE ON 4" x 4" PRESSURE TREATED POSTS. I / j / / / / 1 I / / / •- - V V BENCHMARK SHALL BE RELOCATED BY DESIGN ENGINEER PRIOR TO START OF CONSTRUCTION. 104 - I I I / 75. I / II 110- ' UTILITY POLE I / / �>�/ -!NV. 98.0 PROPOSED DWELLING SILL ELEV. 108.00 / / 1 ` G4 CF ELEV. 100.00 / I TREE LINE I / / I I LOT 1 I ; , / / 1 . 33 980± SF 1 I I AS / I / / "" ,/ 6" SDR 35 PVC I N/F RIDGEWOOD CEMETERY 150' PLANNING BOARD I NON DISTURB ZONE I I 6" SOR 35 PVC / TP2 OVERFLOW. / I i� I ' ' ASSOCIATION I I SEWER PIPE S / / 1 I ! I I / ...�4 " • •� I I o / / � i • • 8� / PROPOSED x w / DECK I I — -----J-- I I 106_ 36" PINE I I // �� �o / / 'A 1 / I II 4-k k) / �.. 2 R v I / o / 4 I....FLO :........ / �� 100 W I 1 S og ELEV. GARAGE04.00R1 l !., :.w��p^ / I EXISTING A I' I �2 i�© o`� / GARDEN 1 / INTERMITTENT STREAM AREA II / p 100' CONSERVATION II I 1 I COMMISSION BUFFER ZONE 02 4 :. :c;. :.: :: :: `::. SCI I ��2 6 EXISTING GAS SERVICE I TO BE TERMINATED - ` } ro \ , Pt20POSED BITUMINOUS: i� T � •. �. CRETEuF.1YAY., .. ' 84 \• h r y.. I ' ' :'r:' :ter+ * 6" SDR 35 PVC / I C / OVERFLOW. �. INV. 96.00 75' PLANNING BOARD , \: / CONSERVATION ZONE 9 GO 120. Op' x / x 6" SDR 35 I r EXISTING PVC SEWER PROPOSED DWELLING \ 50' CONSERVATION COMMISSION PIPE ' \ SILL ELEV, 104.00 PROPOSED '/'• / G' NO BUILD ZONE SEWER STUB ''•\ - ti C.F. ELEV. 96.00 DECK ,/ r/ LOT 2 S X � � � — - - - � � °°� �' -� 37,329 SF / / — _ 82 V o ,� / / / "'000, ' / / / p� �o0 , / //• / � • 25' CONSERVATION COMMISSION S 90 / 9 / r 4'-6' SPFUCE / PINE/ HEMLOCK / / / , NO CUT ZONE �("-"---- \ _ i /��,0 / / i / PLANTED 15' �N CENTER TP 1 / � � a6 / ;i / A2 \. •` 1 �' .� \ \ 10� / / '� qa >�, �� / .�1-11 /00001/ Al 95*54 GARAGE FLOOR ✓' r / % UTILITY POLE \ E r ,• I LEV, / / X06 96,p0 / EROSION �j / /' / I WETLANDS LINE 94, \ 85 / CONTROL I ,. • 9 v' / / / / / I I co ROPOSED BI MINOUS .``.:; .. .. / /• 00 92_, ' '.`. .... : CONCRETE DR(VEW'AY :;: :: .. !. / / \ I `.... ss S i / CO .. �. Q S I r 9 / INV. 92.0 / IGo I � o / � 9 ' Q5. / wGO I s4 �:: , : ..... _4 / / i�� 2,70/ // CO / I ... 9 3g p 9 62 94.92 I v:r:.':.:...:r..':..'.9S: / p /. / 94 7 BITUMINOUS / � �� LEGEND CURB PROPOSED GRADE 98 EXISTING WATER SERVICE / / INV. 92.5 -� /21 PVC BENCHMARK: OUTER CORNER OF / CONCRETE STARWAY SLAB. / 94 EXISTING GRADE — — — — — — — — — — — — / / - CHECK / ELEV. 100.00 (ASSUMED DATUM) / 9 24 9 'CATCH BASIN DAM Al 94 13 / RIM ELEV. 94.5 of / — — WETLANDS LINE � HA2 / I W INV. OUT 9�- , — — V 25' CONSERVATION � "�/ w -' 100' CONSERVATION / COMMISSION NO CUT ZONE o� w / / I COMMISSION BUFFER ZONE N F FOX I / 50' CONSERVATION r EROSION 75' PLANNING BOARD COMMISSION NO BUILD ZONE —•• •• •• •• •• ••— N —94 � �� / CONSERVATION ZONE ' M CONTROL / 75' PLANNING BOARD W �' 50' CONSERVATION COMMISSION CONSERVATION ZONE • • • • S NO BUILD ZONE 100' CONSERVATION vo9 150' PLANNING BOARD 25' CONSERVATION COMMISSION_'l,,,,o`w COMMISSION BUFFER ZONE °•• ••° ••• ••• NON DISTURB ZONE NO CUT ZONE 150' PLANNING BOARD s�.6, NON DISTURB ZONE . . . 94 43 W 93 9 WETLANDS LINE f EROSION CONTROL ---------------------------- / SITE PLAN EXISTING FENCE x x x x 249 MARBLERIDGE ROAD EXISTING 12" WATER MAIN 94 H OF�qS NORTH ANDOVER, MA EXISTING BUILDINGS & DRIVE ............................................................. SEWER �� G ' Locus MAP NOT TO SCALE BENJAMIN c, �� ASSESSORS MAP 37D, PARCEL 16 MANHOLE iuo OSGOO�D,JR. �. FOUNDATION DRAIN CIVIL PREPARED FOR NO.43891 SWALE -�- -�--�- -�-� -v-� sq , R BELFORD CONSTRUCTION, INC. �F� Pc� �G13� 1049 TURNPIKE STREET o4w� S/ pA m NORTH ANDOVER, MA 01845 s�,� EXISTING SPOT GRADES gg*gg F PROPOSED SPOT GRADES 99+99 SCALE: 1 = 20 APRIL 1, 2005 SjRE� REVISED NEW ENGLAND ENGINEERING SERVICES, INC. DALE 60 BEECHWOOD DRIVE 93.73 v NORTH ANDOVER, MA 01845 20' 0 20' 40' 60' N .�P��°� (978) 686-1768 JIM SITE DRAWN BY: SHEET #: CHECKED BY: S.G.B. & T.K.H. 1 of 4 S.E.P. & B.C.O. Jr. FILE #: DESIGN BY: 984-1-4-1-05 B.C.O. Jr. SOIL LOG SHGW 96,87 TPI TOP OF PIT ELEV. 99.87 1" BITUMINOUS CONCRETE DEPTH SOIL HORIZON SOIL TEXTURE SOIL COLOR SOIL MOTTLING TOP COAT 1!4" BITUMINOUS CONCRETE 0 -8" A S L 10YR 2/2 BINDER COAT 8"-18" B S L 10YR 4/6 REDOX ® 36" 10YR 5/8 18"-60" C L S 10YR 4/6 10YR 6/1 iv 12" COMPACTED PROCESSED GRAVEL BORROW BASE ESHGW 101.90 TP2 TOP OF PIT ELEV. 104.90 DEPTH SOIL HORIZON SOIL TEXTURE SOIL COLOR SOIL MOTTLING o" A S L 10YR 2/2 LOT 1 DRIVEWAY DETAIL W-21" B S L 10YR 4/6 REDOX ® 38" 10YR 5/8 21"_80" C L S 10YR 4/6 10YR 6/1 MANHOLE FRAME AND COVER NOT TO SCALE (AS SPECIFIED) FINISH ROAD GRADE TEST PITS PERFORMED ON 3/21/05 BY BENJAMIN C. OSGOOD, JR. OR GROUND SURFACE 8" 8" 2 COURSES MIN. (4 MAX.) OF BRICKS & MORTAR ARE TO BE USED FOR GRADE ADJUSTMENTS MORTAR BED 2'-0" CONE SECTION. SECTIONS VARY FLOW FROM 1'-6" TO 4'-0" PRECAST REINFORCED CONCRETE " SECTIONS WITH BITUMINANISTIC WATERPROOF COATING 4'-0" HOUSE45' BEND SEWER PIPE PRECAST CONCRETE �y.' CONTRACTOR TO CONNECTION RISER SECTION. PROVIDE 'V" OPENINGS. SECTIONS VARY 2" CLEARANCE. FROM 1' TO 5' TEE STORM TECH CHAMBER (TYP.) jr-12" EARTH COVER FOUR UNITS WIDE, 4 UNITS LONG NORMAL F17, FILL MORTAR JOINTS INSIDE - - WATER WITH HYDRAULIC CEMENT �/� /��/ /�� T.FABRICATED TEE LEVEL (NON-SHRINKING MORTAR) \ 1 \f ✓1 lL 13lL !\L[✓ �L✓���ic Grl1aLL✓1 hC�:/�l 0 6" MIN, o 0 o c c WATERTIGHT BUTYL RUBBER AASHTO M288 JOINT SEALANT AL ALL JOINTS 1" BITUMINOUS CONCRETE CLASS 2 TOP COAT PRECAST CONCRETE 11h" BITUMINOUS CONCRETE BITUMINOUS CONCRETE BERM 1 NON WOVEN 30» BASE SECTION. 4' SUMP GEOTEXTILE o SECTIONS VARY PRECAST CONCRETE REINFORCED BINDER COAT o I FROM 2' TO 6' STEEL BASE BOTTOM �— (SEE CATCH BASIN NOTES) 6 51» 6" CRUSHED _ 4" LOAM & SEED 12" MIN. '. MIN. STONE BASE C14 12" COMPACTED PROCESSED 2 `^ GRAVEL BORROW BASE 6" 3/4" TO 2" CRUSHED ANGULAR STONE , �` `.'' '.• ." 1 TYPICAL HOUSE CONNECTION- SEWER � STORM TECH SC-740 INFILTRATOR NOT TO SCALE LOT 2 DRIVEWAY DETAIL AREA DETAIL LOT 1 PRECAST CONCRETE CATCH BASIN NOT TO SCALE NOT TO SCALE NOT TO SCALE CATCH BASIN NOTES 1. 5 FOOT SECTION OF STRAIGHT HI-Q PIPE TO BE USED FOR THE (FOR USE UNDER AREAS NOT SUBJECT TO VEHICULAR TRAFFIC) FIRST SECTION OUT OF CATCH BASIN PRIOR TO CONVERSION TO OTHER TYPES OF PIPE IF REQUIRED. 2. REINFORCED STEEL BASE BOTTOM MINIMUM 0.12 SQ. INJUNEAL FT. AND 0.12 SQ. IN. (BOTH WAYS) ACCORDING TO ASTM A185 SPECIFICATION. 3. H-20 DESIGN LOADING PER AASHTO HS-20-44: ASTM C478 SPEC FOR "PRECASE REINFORCED CONCRETE MANHOLE SECTIONS." STAKE (TYP.) FINISH GRADE 6" 1---------- �12" STORM TECH CHAMBERS 12" 12" 10 UNITS LONG NORTH AMERICAN GREEN SC250 EROSION CONTROL MATTING F, EARTH COVER SECUREDSHOWN 5' ON 0 IACENTER AASHTO M288 ----�- --------- ------------ ------------------ CLASS 2 � 6" MIN. $ 1"xt"x3' STAKE SPACED 6' GRASS SWA L E DETAIL FILTER FABRIC BE� 0 0 0 NON WOVEN c GEOTEXTILE o0 0 0 o APART ALONG PROPOSED LINE 160 0 o g Q RE ROTO GRADE NOT TO SCALE 1"'x 1"x3' STAKE FENCING EXISTING GRADE 12" MIN. 34" MIN. 34" 12" MIN. (2) PER HAYBALE u ..:.. FOUNDATION 6" CRUSHED STONESE . . ' ' 3/4- TO 2" CRUSHED ANGULAR STONE � � SITE PLAN� � � CORPORATION SHbF, 249 MARBLERIDGE ROAD '.'�'.'�' �, ��s cy NORTH ANDOVER, MA ��������� STOP EXISTING WATER ®��,� q MAIN SLEEVE ` IENJArIvo. A G� SSESSORS MAP 37D, PARCEL 16 �G000,JR. STORM TECH SC-310 INFILTRATOR CIVILb®.45891 tPREPARED FOR " i BELFORD CONSTRUCTION, INC. 3'_0' / FLEXIBLE ��c G«T < 1049 TURNPIKE STREET AREA DETAIL LOT 2 �� #' 3 4 �.. ' COPPER TUBING a•, , .. , ..e�,. �•a ,. NORTH ANDOVER, MA 01845 TRENCH t ��� , NOT TO SCALE � �� SCALE: 1 = 20 APRIL 1, 2005 (FOR USE UNDER AREAS NOT SUBJECT TO VEHICULAR TRAFFIC) FILTER FABRIC 6" REVISED NEW ENGLAND ENGINEERING SERVICES, INC. BELOW GRADE 60 BEECHWOOD DRIVE EROSION CONTROL DETAIL TYPICAL WATER SERVICE CONNECTION NORTH ANDOVER, MA 01845 NOT TO SCALE NOT TO SCALE (978) 686-1768 DRAWN BY: SHEET #: CHECKED BY: S.G.B. & T.K.H. 2 of 4 S.E.P. & B.C.0. Jr. FILE #: DESIGN BY: 984-2-4-1-05 B.C.O. Jr, 249 MARBLERIDGE ROAD EROSION ASSESSORS MAP 37D, PARCEL 16 ' CONTROL 1 / o rn c`O N F RIDGEWOOD CEMETERY ASSOCIATION — _ — — — — — co �� // i ' I 9� c ti0 4� /267.30, I - _ W SEWER ' J / / / 1 / / / / MANHOLE I , / / I I / / / / /1 / / / / _ _ -88 75, 110- ' s INV. 98.0 I I I I i/ � / ��/ • / // UTILITY POLE—,, FLOW PATH aw PROPOSED DWELLING i I 1 / I I G ELEV. 100-00 10 I / / / I/ 1, / / I - - - 86 I I / / I 1 • I I I A5 / 102_ / TREE LINE I / / I 1 I I / N/F RIDGEWOOD CEMETERY I / / �....:/ 6" SCR 35 PVC OVERFLOW. / 1 I 150 PLANNING BOARD TP2 I I I ' I ASSOCIATION NON DISTURB ZONE I I 6" SOR 35 PVC PPE / S / I !1 I LO I I I I I / . 1 / 11 33,980± SF PROPOS DECKED II \ � I I e — - W ---J-- I I 36" PINE I / / I I �-� 106- _ o . o 1 ' / \ / GARAGE FLOOR•I•.••""""' "'••••••••••...I.. /;�\ Q INTERMITTENT STREAM 100 W S I O6 ELEv. 104.00 I I i S a GARDEN .. I ��� I 1 1 CONSERVATION 102 / 1 00 / COMMISSION BUFFER ZONE EXISTING GAS SERVICE . ......... / TO BE TERMINATED 1 I 84 US 0 1 R 0 PO E B ITU M IN .. n: 6" SCR 35 Pv .ems 'ti CONCR E �R11!+A 1 .. ii OVERFLOW. f INV. 96.00 ......::::::..... 120.00- 75' - 75' PLANNING BOARD ��' \ •\ 20 00 CONSERVATION ZONE—N\ 98 — -� „ / / /�1 • / , A,3 2 . / ...... .....�. Ap ` N 6" SDR 35 co \ \ \ \ ,' ' / PVC SEWER ko _' PROPOSED DWELLING 50' CONSERVATION COMMISSION EXISTING PIPE C\2 SILL ELEV. 104.00 PROPOSED / �p� / / / �f 11 /• / // NO BUILD ZONE SEWER STUB ` .•\ ^0' C.F. ELEV. 96.00 DECK i / /'•. i / - - 82 Sj• / ' j/ W ; / / OR- �,- aA� / / 4'-6' SPRUCE / PINE/ HEMLOCK 25' CONSERVATION COMMISSION /� �0 / / i/• / PLANTED 15' ON CENTER / //• / / NO CUT ZONE '•\ IN, TP1 / / / Al \ ,p2 / 9a ;/ / /• , LOT 2ooll I FLOG / R N /3 7 3 2 9_ S FI I \ , GARAGE / / � / 9s•s4 UTILITY POLE X,06 \ ELEV. 96.00 R / / C TROL es / I C\,2 INE WETLANDS L 94- \ 00 �S / ROPOSED BITUMINOUS `�: 92� r CONCRETE DRIVEWAY ``� ; CID 1 y -' .�. 1S0 / INV. 92.0 / I I 3 S I co / co w 0 O / 1949 62 .9s 94 BITUMINOUS / CURB LEGEND / 21 DR PVC -� I / BENCHMARK: OUTER CORNER OF / I INV. 92.5 _ / / EOLEV.RETE 100. 0 (RWAY SLAB. ASSUMED DATUM EXISTING WATER SERVICE / / , � �'� i PROPOSED GRADE sa / '+ / ( ) 0 �.J / � 94 _�..� � �'' CHECK % EXISTING GRADE - - - - - - - -- - - - -- / DAM 9 z4 9 ; CATCH BASIN � OJ / RIM ELEV. 94.50 Al A2 94 13 I W INV. 93.0 .=� — — — — -- N/F FOX WETLANDS LINE �r ^ / ' ��� �� 100' CONSERVATION , W i COMMISSION BUFFER ZONE 25 CONSERVATION p W COMMISSION NO CUT ZONE 75' PLANNING BOARD / N50' CONSERVATION — —94 �9 EROSION / CONSERVATION ZONE ' COMMISSION NO BUILD ZONE — CONTROL / 50' CONSERVATION COMMISSION 75' PLANNING BOARD NO BUILD ZONE CONSERVATION ZONE ' ' " ' S / / 25' CONSERVATION COMMISSION 4.09 150' PLANNING BOARD 100 CONSERVATION 77 N j• NO CUT ZONE COMMISSION BUFFER ZONE •• •• " •'• NON DISTURB ZONE 150' PLANNING BOARD . . . • . . 93•e3 /; WETLANDS LINE 9.+s NON DISTURB ZONE W 93 9 POST DEVELOPMENT DRAINAGE PLAN EROSION CONTROL -- ZHOF�A249 MARBLERIDGE ROAD EXISTING FENCE x x x x 94 BENJAMIN C. cyG�� NORTH ANDOVER, MA ® C�o00,A � ASSESSORS MAP 37D, PARCEL 16 EXISTING BUILDINGS & DRIVE ................................................................ SEWER u CIVIL MANHOLE NO.468e1 � PREPARED FOR FOUNDATION DRAIN i �- A ����� ® BELFORD CONSTRUCTION, INC. 1049 TURNPIKE STREET � � M� �_� 94.07 A� ` `, NORTH ANDOVER, MA 01845 SWALE EXISTING SPOT GRADES 99*99 SCALE: 1 20 APRIL 1, 2005 EXISTING SPOT GRADES 99+99 REVISED NEW ENGLAND ENGINEERING SERVICES, INC. 60 BEECHWOOD DRIVE NORTH ANDOVER, MA 01845 93,73 (978) 686-1768 20' 0 20' 40' 60' DRAWN BY: SHEET #: CHECKED BY: S.G.B. & T.K H. 4 of 4 S.E.P. & B.C.O. Jr. FILE #: DESIGN BY: 984-4-4-1-05 B.C.O. Jr.