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Home My WebLink AboutMiscellaneous - 249 Marbleridge Road (3)'.� .ter C18P p gt.a ftS C3 SOB a � 9 m oil L I? r; d�lp 4 Incomplete WAZSA Application Form Date: T:—. w k lboomplde NAZBA ApplicWon Form Data: Tuna h 3 � I GAS �� D. Robert Nicetta Building Commissioner Town of North Andover' i Town Clerk Time Stamp Community Development andServices Division Office of the Zoning Board of Appeals 400 Osgood Street North Andover, Massachusetts 01845 Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. Telephone (978) 688-9541 Fax (978) 688-9542 c_ ZZ C N =n Notice of Decision Year 2005 C_ 4 rr7 I-7 cn 40A, § 17 Property at: 249 Marbleridge Road � I NAME: Belford Construction, Inc., HEARING(S): May 12 & June 14, 2005 1049 Turnpike Street, 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)(cxii)(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)(iix3) 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(3xd)(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. Vaillancourt. 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)(ii)(3) 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. Pagel 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 ' ° r NORTIt Office of the Zoning Board of Appeals 0? Community Development and Services Division 400 Osgood Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone (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 runoffto 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, �tc'� P /) &&U -, 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 „CR*M Town of North Andover Town Clerk Time Stamp Community Development and Services Division a r Ez t 1 VE.0 Office of the Zoning Board of AppealsyU 400 Osgood Street �ssacwuses t W f'V '_' iE.I'1 f ( North Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 Z665 ` � ? - t c Building Commissioner Fax (978) 688-9542�� r ,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 10 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. M37DP16. Nm��o r��azaso�NZ� n Na. 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Robert Nicola ar(jidiort Coni rix•vioner Legal Notice North Andover, Board of Appeals Tclophone (978) 089.9541 rix (978)088-9542 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 j2'' 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 K-3 zoning district. Flow 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. Legalnotice 2005-009. M37DP16. o� m aim _- :3. ZKOW 3 o iv na o =r °'• y m ? aZp�o a.F•H•�W 0* o:E o m �; amZ�nso o K(-0�>'2. r tomw<oom noa _� .mam�o�om000mp, D�oy < oz rn o wwm o m3mtA�. ?-m -oar � �omi�.�gmZ>or -11 c< oa.w ffS @53 N� coal aDv�om>>P<0o� m� KoaDOacc� _�a mW,j00?.ONj- A,DC'--00; � =0N� C o eram�fy (D -0 memmo-•C000 2. 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WHITE: Applicant CANARY: Department PINK: Treasurer Town of North Andover Office of the Conservation Department 3?'`'76 O A Community Development and Services Division • , • ^ r" 27 Charles Street SS�CH S Alison E. McKay P ( ) 978 North Andover, Massachusetts 01845 Telephone 688-9530 Conservation Administrator Fax (978) 688-9542 MEMORANDUM DATE: June 8, 2005 TO: Mich Glennon CC: Zoning Board of Appeals FROM: Alison McKay, Conservation Administrat (� SUBJECT: 249 Marbleridge Road - Map 37D, Parcel 16 - DEP file # 242-1304 At your request, I am providing comments as it concerns the above referenced property. The comments provided are specific to the concerns raised by David C. Rand who is representing a direct abutter, the Ridgewood Cemetery Association. It is my understanding that Mr. Rand has concerns regarding the impact of construction on the abutting properties and the collection/ drainage of any additional stormwaters from the new construction activities on the low-lying Ridgewood Cemetery land. To address these concerns, I offer the following: • The main wetland system is located to the far rear (west) of the subject lot and continues off property to the northwest. The rear portion of the site gradually slopes toward this wetland system. In general, the topography in this location indicates that Stormwater would drain in a north/ north westerly direction. Stormwaters to the front portion of the subject lot are likely to drain in the same manner, however there is an obvious knoll where the existing home sits that would appear to separate/ divide the drainage flows. • The proposed plan appears to be designed to best capture drainage on the site in a similar manner using treatment swales, catch basins, and roof drain infiltration areas. I am of the opinion that any additional impervious areas, as a result of the new construction, would be adequately accounted for with the proposed design. The applicant has willingly proposed such stormwater management structures on the site, despite the fact that the. state and local wetland regulations do not require compliance with the states Stormwater Management Policy for the construction of less than 4 lots. • An isolated wetland system located across Marbleridge Street is also shown on the plan. r I �ae -er, it appears that drainage from the site does not flow to this wetland system, as ge road separates this drainage. Natural drainage from the front of the site flow J 38;&6 LS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 6M9535 north into a natural swale along the front property boundary. The plans were designed to enhance this natural swale and to create an additional swale along the westerly property boundary to prevent stormwaters from draining off property and keep any additional drainage on site. Hopefully, I have adequately addressed the concerns raised by Mr. Rand. Please let me know if you have any further questions or concerns in this regard. NEW ENGLAND ENGINEERING SERVICES INC May 23, 2005 North Andover Board of Appeals 27 Charles Street North Andover, MA 01845 Re: 249 Marble Ridge Road, North Andover Variance application Dear Mr. Chairman: Please accept this letter as a request to add the following additional variances to the hearing for the above referenced property. These additional variance requirements were identified by the planning board review engineer and are as follows: 1. (4.136.3.d.iii.2) Allow changes to topography within the 75 foot planning board conservation zone. 2. ( 4.136.3.d.iii.3) Allow vegetative removal within the 75 foot planning board conservation zone 3. (4.136.3.d.iii.5) Allow surface and subsurface drainage (swale and PVC pipe) within the 75 foot planning board conservation zone. These items need to be re -advertised to the abutters and in the tribune. If an add is generated this office will facilitate its publishing in the tribune. This office will also supply the required envelopes and postage to re -advertise to the abutters. I will be at your next meeting to make a presentation to the board and to discuss this matter. Sincerely, Benjamn'C. Osgood, J ., /PE MAY 2 3 2005 BOARD OF APPEALS 60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099 05/23/2005 13:04 9786651099 NEW ENG ENG PAGE 02 NEW ENGLAND ENGINEERING SERVICES INC May 23, 2005 North Andover Board of Appeals 27 Charles Street North Andover, MA 01845 Rc: 249 Marble Ridge Road, North Andover Variance application Dear Mr. Chairman: Please accept this letter as a request to add the following additional variances to the hearing for the above referenced property, These additional variance requirements were identified by the planning board review engineer and are as follows: 1. (4.136.3_d.iii.2) Allow changes to topography within the 75 foot planning board conservation zone. 2. (4.136.3.d.iii.3) Allow vegetative removal within the 75 foot planning board conservation zone 3. (4.136.3.d.iii.5) Allow surface and subsurface drainage (swale and PVC pipe) within the 75 foot planning board conservation zone. These items need to be re -advertised to the abutters and in the tribune. If an add is generated this office will facilitate its publishing in the tribune. This office will also supply the required envelopes and postage to re -advertise to the abutters. I will be at your next meeting to make a presentation to the board and to discuss this matter. Sincerely, Benja;2C. Osgood, Ji(/,PE President 60 9EECHWOOD DRIVE - NORTH ANOOVER, MA 01845 - (978) 686.1T68 - (688) 3$9.7845 - FAX (978) 6854099 05/23/2005 13:04 9786851099 NEW ENG ENG PAGE 01 FaX Tot Mitch Fronn Benjamin Osgood. Jr. Company: Town of North Andover Appeals Board. ltl oW. May 23, 2006 Faun 978688-9542 Pagm 1 Including this sheet Rea 249 Marble Ridge Road CCI 13 Urgent x For Review O Please Coanrnant Q please Reply 0 prone* Recycle Mitch, The following is the tetter I spoke b you about this morning. Thank You Benjamin C. Osgood, Jr., P.E. New England Engineering 978-686-1768 MEMO TO: Alison E. McKay Conservation Administrator FROM: Zoning Board of Appeals DATE: May 18, 2005 SUBJECT: 249 Marbleridge Road During the course of the 5-12-05 appeal of Belford Construction requesting a Variance from 4.136(3)(c)(ii)(3) in order to construct a new permanent structure in the Watershed Protection District at 249 Marbleridge Road, David C. Rand, representing the direct abutter, Ridgewood Cemetery Association, requested the Board to consider the impact of new construction on their site. The area has "very old, small culverts to channel rainwater from the area." The Board would appreciate your response to the concerns of Mr. Rand about the impact of construction and impervious surfaces on the low-lying Ridgewood Cemetery land for the continued hearing of June 14, 2005. ZBA 2005-009. ArcIMS Viewer Page 1 of 1 http://maps.massgis.state.ma.us/N4assGISTopos/MapFrame.htm 5/18/05 I Im O ^� Gini O -n D o m > � Q--�,-, 1-' �t t c a r r t K � III 1'.. 1 P 1} '4 j fit �# • .�_ x.�i, 4. � It � �,'ll l� �t ,•3 L ' - �f' I t. � _xW ,i �.. � s�.. I+ _ � F i:;'' ��. ! y� .:'.. ,'� r �" � •. t N�� y � t rN r�.:. �t sr. �r�. ;'� j Rr Ir 'tl � ! � Ek A�":y �t � t, � � � `�'�' ", • ; 'I+ �� a �:4j��,�' s',�rv'`!6 :. 11111 i tx .F 1 r f ' I I bb {{ 33 y a r Town of North Andover NO h iX OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES ' 400 Osgood Street North Andover, Ma 01845 HEIDI GRIFFIN Fax (978) 688-9542 Director (978)688-9531 N C EC W APR 2 1 20 LEGAL NOTICE FOR PUBLICATION TUESDAY, April 19 &April 26, 2005 TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OF PUBLIC HEARING, TUESDAY, May 3, 2005 In accordance with the provision of M.G.L. Chapter 40-A, Section 11, the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Application for a Watershed Special Permit under Section 4.136 of the North Andover Bylaw. The applicant seeks to split existing 71, 309 s.f. lot into two lots, raise existing single family home and construct two new single family homes with driveways and appurtenances. Property is located within the R-3 zoning district. Applicant/Petitioner: Belford Construction, Inc. 1049 Turnpike St., North Andover, MA 01845 Owner: same as above Address of Premises Affected 249 Marbleridge Road North Andover, MA 01845 Assessor's Map and Lot: Map 37D, Parcel 16 Public Hearing Date &Time: Tuesday, May 3, 2005 7:00 pm o'cation of Public Hearing: North Andover Town Hall i 120 Main St., No. Andover, MA 01845 BOARD OF APPEALS o�C EE WN APR 2 0 2005 BOARD OF AFr D t�i.nNNi d$ZZ~ p J v us � mWW 3 J 0BEmr;�"j z o„yab� e g E21. Town of North Andover Office of the Zoning Board of Appeals �� Community Development and Services Division 400 Osgood. Street Osgood North Andover, Massachusetts 01845 �S SACFiU D. Robert Nicetta Building Commissioner Telephone (978) 688-9541. Fax (978) 688-9542 TO: ' CSG � P�✓'�� FAX Number: °IIS - &!�F- /09� ' FROM: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover, Massachusetts 01845 PHONE: 978-688-9541 FAX: 978-688-9542 DATE: SUBJECT: Number of pages q- A �� Mal Ie f i 3 6 CP REMARKS: This is a cover/instruction sheet for your legal notice, which needs to be placed with the legal notice department of the Eagle -Tribune. The Eagle -Tribune legal notice department's direct dial phone number is 978-946- 2412; the address is 100 Turnpike Street, North Andover, MA 01845; and the Eagle -Tribune legal notice department's fax number is 877-927-9400. The Eagle -Tribune uses your phone number as your account number for billing. Please contact the E -T as soon possible in order to meet the mandated [Mass. Gen. L. ch. 40A § 11 ] publishing deadline of at least 14 days before a hearing. The E -T needs 2 full business days before the publication date. If there is no legal notice publication at least 14 days before the hearing then the Board cannot hear your petition and you will not be placed on the ZBA agenda for the upcoming meeting. E -T Submission Date before S:OOPM 1St Publication Date I Meeting Date Wp M r, 93 TYU 95 s '/oZ Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 HP Fax K 1220xi Last Transaction Date Time Apr 15 2:39pm Twe Identification Fax Sent 89786851099 Log for NORTH ANDOVER 9786RR9.542 Apr 15 2005 2:40pm Duration Pages Result 1:17 3 OK Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division D. Robert Nicetta Building Commissioner 400 Osgood Street North Andover, Massachusetts 01845 Legal Notice North Andover, Board of Appeals Telephone (978) 688-9541 Fax (978)688-9542 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. Legalnotice 2005-009. M37DP 16. Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 T 691 L_"� als Notice is hereby given that tt rd of Appeals will hold a public hearing at the top floor or Town rnai i zu iviaum 'arreet, North Andover, MA on Tuesday the 120' 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. Legalnotice 2005-009. M37DP16. 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 Tuesday the 12'h 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. Legalnotice 2005-009. M37DP16. pORTI1 3?°: •~" Zoning Bylaw Denial _ Town Of North Andover Building Department ' 400 Osgood St. North Andover, 84 MA. 015 Phone 878-688-8545 Fax 878688.8542 street: Y C1 MAP-bi e- o AL Ma /Lot: D to Applicant e 1 tj ('Ct COti a cvw - k� C Request: Raze S("b ev t u s re- t P, -e sow S44 o e ; w►,e Date: It /05 Please be advised that after review of your Appucanon and rmna utas Y%Pul wri—M%.w...o DENIED for the following Zoning Bylaw reasons: Zoning ATk-Kat\e-cXL Item a Variance Site Plan Review Special Permit S@iM=k Variance Access other than Frontage Special Permit Item Notes Lot Area Variance Item Notes A Lot Area Continuing Care Retirement Special Permit F Frontage Special Permit Non=Conforming Use ZBA 1 Lot area Insufficient Planned Development District Special Permit 1 Frontage Insufficient Special Permit for Sign 2 Lot Area Preexisting Watershed Special Permit 2 Frontage Complies LL -e 3 Lot Area Complies S 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 1 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies e S 4 SjWEial Permit Required e- S 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply Z000V L lqeS 1 Height Exceeds Maximum 2 Front Insufficient **5 2 Complies 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 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed Li e_ S J sign Il} A 3 Lot prior to 10/24/94 1 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 I In District review required 1 More Parking Required 2 Not in district e S 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parkin Remedy for the above is checked below. Item a Special Permits Planning Board Item a Variance Site Plan Review Special Permit S@iM=k 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 Special Permit for Sign R-6 Density Special Permit Special Permit preexistinp nonconforming Watershed Special Permit W A+�eP- s e �t h U Art,4�?c The above review and attached upw ation of such is based on the plans and information submitted. No definitive review and or advice shall be fated on verbal erpwrations by the applicant nor shall such verbal explanations by the applicant serve to provide definibre anwms to the above reasons far DENIAL. Arty inaccuracies, mialeedirg Wdormation, or otter subsequent changes to the information aubn VAed by the applicant stall be grounds for this review to be voided at the discretion of the Building Department. The att Chlid document ttied'Plan Review Narrative! shall be attached hereto and incorporated herein by mferwm- The building deparbnmt will retain al plers std documentation for the above fie. You must file a new building Writ appication form and begin the permitting process. wilding Department Official Signature Al Application Received /q16 Appli6ation benied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: Fire 74 c- a M /)IAA-;' C Conservation Q Planning Historical Commission Other S v u r - w44--ev, S �.� OA A4 s7<b4r\(C-' sec /-C3) 1 (3 V- h 4* d - �s SPC4(0 Fire Health Police Zoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT 0 YJ il4 1.� l TOWN OF NORTH ANDOVER VARIANCE":�•''�` ZONING BOARD OF APPEALS Zflb APR Ili P 31 ` NAME' Belford Construction Inc ADDRESS OF APPEAL' 249 Marble Ridge Road Procedure & Requirements for, an Application for a Variance Ten (10) copies of the following information must be submitted thirty (N) days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zonina Board of an ao0ication as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules"and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM:- Petitioner ORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required pian information as cited in page 4, section 10 of this form. STEP 4: OBTAIN UST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). 8TEP s: SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: . 978-688-9533 Office of Community Dev. 8 Services 400 Osgood Street_, North Andover, MA 01845 978-688-9542 fax for Community Development r 978-688-9545 Building Department 978-688-9541 Zoning Hoard of Appeals Office A PR STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) al for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and It cost of the Party in Interest fee. STEP 7• DELIVERY OF LEGAL NOTICE TO The petitioner picks up the legal notice from the Offic of the Zoning Board of Appals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONIN4 BOARD OF APPEALS: The petitioner should appear. in hismer behalf, or be represented by an agent or attorey. In the absence any appearance without due. rause on behalf of the petition, the Board shall decide on the matter by usir the information it has received to date. STEP 8: DECISION: After the hearing, a copy of the Board's decision will sent to all Parties in Interest. Any appeal of the Boa decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days a the decision is filed with the Town perk STEP 10: RECORDING THE DECISION AND PU The petitioner is responsible for recording certificati, the decision, the Mylar, and any accompanying plar the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. North Andover Town Hall 120 Main Street Q W7", 66 W9501 97&-95 1 4 2005 U BOARD OF APPEALS Town Clerk's Office Assessor's Office PAGE 1 PAGE 4 OF 4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be dearly identified and factually supported. All points, A -F, are required to be addressed with this application. A. The particular use proposed for the land or structure. B. C. L1 E. F The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. 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. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to.the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application Involves new construction/converelon/ and/or a proposed change In use. 10. A. Major Projects Major project are those, which involve one of the following whether existing or proposed: 1) five (5) or more parking spaces, II)g three (3) or more dwelling units, III) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. VARIANCE *10. B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17", preferred scale of 1"=40' 11) One (1) Mylar. iM Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 8. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. 11) Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of PlaA 6. Names addresses and phone numbers of the applicant, owner or record, and designer of surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the pian information as indicated with an. asterisk (*). In some cases further infomnadon may be required. 11. APPLICATION FILING FEES 11. A Notification fees: Applicant shall provide a check or money order to: 'Town of North Andover - #022-1760-4841' for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of.parties of interest on the abutter's list for the decision mailing. 11. B. Mailing Fels: Applicant shall provide four (4) sets of mailing labels no larger than 1'x2-5/8' (3 copies for the Legal, and one copy for the Decision mailing). 11. C. Administrative fee of $50.00 per application. + A Variance once granted by the ZBA will lapse In 1 (one) year If not exercised and a new petition mus be submMed.+ PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS 1. Petitioner. *Name, *Address and telephone number: ication for a VARI AN C E 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(sr under which the petition for the Variance is made. 4.136(3) (c) (ii) (3) Watershed nrotartion vii stri..t *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building 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 dacdpdoe slap be used for tis purpose of tis legal notice and decision. A mon detailed deacdpdon Is required pursuant to the Zoning Board Rules and Rsguladons as coed on page 4, taction 9 of thh applicatlon. Failure by"applkant to dacr" the requed clearly -ma► "MA in a decision that does not adds" the indent of the applicant The decision will be I nifbed to the request by the appli and and will not Involve additional tans not kxkK d above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines 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 fora ARI AN C E x ,s"�9�yn•� 'H'-'r�<� '°%�"��`•-�'s�'�S� r z_� ��.r .�� r=mc � ate' "%� b ��gs �'�,�+' �;4�- � 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback j Sq. Ft. Sq. Ft. Coverage Feet 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 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. FL Sq. Ft. Coverage Feet Spaces Front 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" 1h60 2 34 3320 Residential dwelling 1 'Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). TB. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* . of Units" 2307 2 34 4614 Residential dwelling 1 1830 2 34 3660 Residential dwelling l •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 tiled with the Town Cleric'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 Apper does not absolve the applicant from this responsibility. The petitioner shall be responsible for all evenses for filing and legal notification. Failure to comply with �abjuiremerft, as cited herein and in the Zoning Board Rules and Regulations ma' result in a dismie Zoning I plication as incomplete. Type above nam(s) here. Mark Rea pORTN Zoning Bylaw Denial Town Of North Andover Building Department • °•'=� 400 Osgood St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 1 -? Y q mAKb 1`e E1 21 e-. ry W6 u —LVAJ 2;� S,, i l —U—It Re Cow s`4r o c't' oZ t4o N'►w. Date: Please be advised that after re iew of your Application and Plans that your Application is DENIED for the following Zoning Bylaw.reasons: e. -i e. 1 A s- c V C L d Zonin K --p i-- w ,41 2--2—f- item Notes Item # Variance Item Notes A Lot Area Frontage Exception Lot Special Permit F Frontage Height Variance 1 2 Lot area Insufficient Lot Area Preexisting Continuing Care Retirement Special Permit 1 2 Fronto a Insufficient Frontage Complies Special Permit Non -Conforming Use ZBA 3 Lot Area Complies S 3 Preexisting frontage Special Permit for Sign 4 Insufficient Information Watershed Special Permit 4 insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 3 Not Allowed Use Preexisting 1 2 Insufficient Area Complies 4 Special Permit Required � S 3 Preexisting CBA 5 Insufficient Information 4 'Insufficient Information C Setback H Building Height 1 2 All setbacks comply Front Insufficient zolocIV r, S 3,L WS 1 2 Height Exceeds. Maximum Complies e 3 Left Side Insufficient 3 Preexisting Hei ht 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 7 Preexistin setback(s) Insufficient Information 1 2 Coverage exceeds maximum Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed Li e S j Sign k)A 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 I More Parkigg Required 2 Not in district ,e S 2 Parking Complies K S 3 Insufficient Information 3 Insufficient Information FT 4 Pre-existing Parkin {?omarlu fnr fhs ahnua is rharkad below -- item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit SWbm* Variance . Access other than Frontage Special Permit Parldng 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 Special Permit for Sign R-6 Density S eciai Permit Special Permit 2reeyistino nonconforming Watershed Special Permit UAr(&,V[ C. The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal axplarmtions by the applicant serve to provide definibive answers to the above reasons for DENIAL. Any inaccuracies, misleading infarrnstion, or Wier subaequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discxetion of the Building Department. The aftached document Wed 'Plan Review Narrative' shall be attwhsd hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new building permit application form and begin the permitting process. wilding Department Official Signature Al Application Received /it q /L3S jjp—li6ation Oenied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: Referred To-- Fire o: Fire Head Police Zoning Board rtA N JOVO L 4e4 Department of Public Works Planning 0 P Other BUILDING DEPT cs r ti -7� o c4144ev- s 1/�-m a Pita ' D,b4r,tc-1 sle4 --X 13�Cc I C3 4f SCyl ,k rc.o h 4,k,,(- vIe-,- C/C/ Referred To-- Fire o: Fire Head Police Zoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT l NEW ENGLAND ENGINEERING SERVICES INC April 14, 2005 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 soil .... 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, C Benjanfin C. Osgoo, Jr., P.E. President Town of North Andover O� NORTH Office of the Conservation Department O t,�to 3? ° Community Development and Services Division 27 Charles Street �4SSACHUSES� Alison E. McKay P ( ) 978 North Andover, Massachusetts 01845 Telephone 688-9530 Conservation Administrator Fax (978) 688-9542 MEMORANDUM DATE: June 8, 2005 TO: Mich Glennon CC: Zoning Board of Appeals FROM: Alison McKay, Conservation Administrat SUBJECT: 249 Marbleridge Road - Map 37D, Parcel 16 - DEP file # 242-1304 At your request, I am providing comments as it concerns the above referenced property. The comments provided are specific to the concerns raised by David C. Rand who is representing a direct abutter, the Ridgewood Cemetery Association. It is my understanding that Mr. Rand has concerns regarding the impact of construction on the abutting properties and the collection/ drainage of any additional stormwaters from the new construction activities on the low-lying Ridgewood Cemetery land. To address these concerns, I offer the following: • The main wetland system is located to the far rear (west) of the subject lot and continues off property to the northwest. The rear portion of the site gradually slopes toward this wetland system. In general, the topography in this location indicates that Stormwater would drain in a north/ north westerly direction. Stormwaters to the front portion of the subject lot are likely to drain in the same manner, however there is an obvious knoll where the existing home sits that would appear to separate/ divide the drainage flows. • The proposed plan appears to be designed to best capture drainage on the site in a similar manner using treatment swales, catch basins, and roof drain infiltration areas. I am of the opinion that any additional impervious areas, as a result of the new construction, would be adequately accounted for with the proposed design. The applicant has willingly proposed such stormwater management structures on the site, despite the fact that the. state and local wetland regulations do not require compliance with the states Stormwater Management Policy for the construction of less than 4 lots. • An isolated wetland system located across Marbleridge Street is also shown on the plan. Wever, it appears that drainage from the site does not flow to this wetland system, as s ge road separates this drainage. Natural drainage from the front of the site flow BARD ALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 north into a natural swale along the front property boundary. The plans were designed to enhance this natural swale and to create an additional swale along the westerly property boundary to prevent storn-waters from draining off property and keep any additional drainage on site. Hopefully, I have adequately addressed the concerns raised by Mr. Rand. Please let me know if you have any further questions or concerns in this regard. Abutter to Abutter ( x ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT. MGL 40A, Section 71 states in part Tarties 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.' Subfect Pro MAP PARCEL Name Address 37.D 16 Reed Cundiff 249 Marbleridge Road Abutters Properties Map Parcel Name Address 37.D 3 Rene Fugere 1,202 Marbleridge Road 37.D 4 Robert Olenio ,,292 Salem Street 37.D 5 John Mcloughlin \A7 Salem Street 37.D 11 Jerrold Beeney r t-�Vyp1fj155 Salem Street 37.D 13 Jean Smith 'V270 Marbleridge Road 37.D 14 Joseph Averka Trustee X260 Marbleridge Road 37.D 15 Katharine Morgan V-Ov i(A?d 240 Marbleridge Road 37.D 17 John Fox t,225 Marbleridge Road 37.D 18 Ridgewood Cemetery Association u,00 Box 22 37.D 36 George Kafides \A65 Salem Street 37.1) 38 Eleni Woodis l -V0 Box 221 37.D 39 David Palmer X284 Salem Street 37.1 43 Robert Olenio X00 Salem Street This certifies that the names appearing on the records of the Assesso s office as of I if Cert' d b , Date a s t of North Andover, MA 01845 t ' 0� 5--�a�DS Ye_ I51 North Andover, MA 01845 ---*� North Andover, MA 01845 ✓ North Andover, MA 01845 North Andover, MA 01845 ✓ Fho Notch Andover, MA 01845 i✓ North Andover, MA 01845 ✓ North Andover, MA 01845✓ North Andover, MA 01845 u North Andover, MA 01845 ✓ '� North Andover, MA 01845✓ North Andover, MA 01845✓ North Andover, MA 01845 ✓ North Andover, MA 01845 Vel Page 1 of 1