HomeMy WebLinkAboutMiscellaneous - 180 MARBLERIDGE ROAD 4/30/2018 (2)r
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Town of North Andover
Office of the Planning Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
Heidi Griffin
Planning Director
Any appeal shall be filed
Within (20) days after the
Date of filing this Notice
In the Office of the Town
Clerk
Telephone (978) 688-9535
Fax (978) 688-9542
Notice Of Decision
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Date: December 17, 2002
Date of Hearing: December 3, 2002
Petition of: William & Mary Ellen Fennessy McDermott, 180 Marbleridge Road, North
Andover, MA 01845
Premises Affected: 180 Marbleridge Road, North Andover, MA 01845
Referring to the above petition for a Watershed Special Permit, the application was
noticed and reviewed in accordance with Sections 4.136 and 10.3 of the North Andover
Zoning Bylaw and M.G.L. c.40A, sec. 9.
So as to allow: The construction of a 583 s.f. addition to an existing single-family dwelling
and the construction of a brick -pavers terrace with a concrete wheelchair
access ramp and associated grading within the Non -Discharge Zone of the
Watershed Protection District.
After public hearings given on the above dates, the Planning Board voted to APPROVE
the Watershed Special Permits, based upon the following conditions:
Cc: Applicant
Engineer
Abutters
DPW
ZBA
Building Department
Conservation Department
Health Department
Signed: &
J n Simons, Chairman
Richard Nardella, Clerk
Felipe Schwarz
George White
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
180 Marbleridge Road
Special Permit - Watershed Protection District
The Planning Board makes the following findings regarding the application of William &
Mary Ellen Fennessy McDermott, 180 Marbleridge Road, North Andover, MA, 01845,
submitted on October 11, 2002 requesting a Special Permit under Section 4.136 of the
Zoning By -Law to allow the construction of a 583 square foot addition to an existing single-
family dwelling and the construction of a brick pavers terrace with a concrete wheelchair
access and associated grading. The work is proposed within the Non -Discharge Zone of the
Watershed Protection District.
FINDINGS OF FACT:
In accordance with 4.133 the Planning Board makes the finding that the intent of the Bylaw,
as well as its specific criteria, are met. Specifically the Planning Board finds:
That as a result of the proposed construction in conjunction with other uses nearby,
there will not be any significant degradation of the quality or quantity of water in or
entering Lake Cochichewick. The Planning Board bases its findings on the
following facts:
a) An underground Infiltrator Chamber will be installed to handle the additional
runoff and will be sized to accommodate runoff from a 100 -year, 24-hour storm
event.
b) A deed restriction limiting the types of fertilizers that can be used on the site has
been executed.
c) The proposed terrace will be constructed of brick pavers to reduce the amount of
impervious surface area.
d) No tree or brush clearing is being proposed.
e) Certification has been provided by a registered professional engineer that the
installation of the sport court and the pool will not have an effect on the quality
or quantity of runoff entering the watershed protection district.
f) The construction of the addition and terrace has been reviewed by the Town's
outside engineering consultant, VHB, and with the application of the erosion
control, and infiltration systems, therewill be no effect on the quality or quantity
of water in or entering Lake Cochichewick.
2. There is no reasonable alternative location outside the Non -Discharge Buffer Zone
for any discharge, structure or activity, associated with the proposed project as the
almost the entire portion of the lot behind the existing structure is located within the
Non -Discharge Zone.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board
makes the following findings:
a) The specific site is an appropriate location for the proposed use as all feasible
storm water and erosion controls have been placed on the site;
b) The use will not adversely affect the neighborhood as the lot is located in a
residential zone;
c) There will be no nuisance or serious hazard to vehicles or pedestrians;
d) Adequate and appropriate facilities are provided for the proper operation of the
proposed use;
e) The Planning Board also makes a specific finding that the use is in harmony with
the general purpose and intent of the North Andover Zoning Bylaw.
Upon reaching the above findings, the Planning Board approves this Special Permit based
upon the following conditions:
SPECIAL CONDITIONS:
1) This decision must be filed with the North Essex Registry of Deeds. The following
information is included as part of this decision:
a) Plan titled: Certified Plot Plan
180 Marbleridge Road
North Andover, MA
Prepared by: Clipper Engineering
Newburyport, MA 01950
Scale: 1" = 20'
Date: September 26, 2002, last revised December 2, 2002
b) The Town Planner shall approve any changes made to these plans. Any changes
deemed substantial by the Town Planner would require a public hearing and
modification by the Planning Board.
2) Prior to FORM U verification:
a) A performance guarantee of two thousand ($2000) dollars in a form acceptable 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:
2
b) All erosion control measures as shown on the plan must be in place and reviewed by
the Town Planner.
c) The use, or method of application of, any lawn care or garden product (fertilizer,
pesticide, herbicide) that may contribute to the degradation of the public water
supply are prohibited.
d) A copy of the decision, recorded at the Registry of Deeds, must be provided to the
Planning Department.
e) The site shall have received all necessary permits and approval from the North
Andover Conservation Commission, Board of Health and the Department of Public
Works and be in compliance with the above permits and approvals.
3) Prior to release of the Performance Bond:
a) The applicant shall submit an as -built plan stamped by a Registered Professional
Engineer in Massachusetts that shows all construction, including storm water
mitigation trenches and other pertinent site features. This as -built plan shall be
submitted to the Town Planner for approval. The applicant must submit a
certification from the design engineer that the site was constructed as shown on the
approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
4) In no instance shall the applicant's proposed construction be allowed to further impact
the site than as proposed on the plan referenced in Condition # 1.
5) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
6) The provisions of this conditional approval shall apply to and be binding upon the
applicant, it's employees and all successors and assigns in interest or control.
7) This permit shall be deemed to have lapsed after a two- (2) year period from the date on
which the Special Permit was granted, or November 12, 2004, unless substantial use or
construction has commenced.
cc. Applicant Zoning
Engineer Health
Abutters
Building
3
PATRICK J. DONOVAN ASSOCIATES, INC.
claim and Foss , ` di-stments
P. O. BOX 110
WAKEFIELD, MA 01880
TEL. (781) 245-5540 — FAX (781) 245-7016
December 12, 1998
Building Commissioner
City or Town Hall
North Andover, MA 01845
Insured
Property Address
Insurer
Policy Number
Type of Loss
Date of Loss
William and MaryEllen McDermott
180 Marble Ridge Road
North Andover, MA 01845
Merrimack Mutual Ins Co
HP1658506
Property Damage - Sewer Pipe
November 20, 1998
Claim has been made involving loss, damage or destruction of the above -captioned
property, which may either exceed $1,000 or -cause Mass. Gen. Laws, Chapter 143,
Section 6, to be applicable. If any notice under Mass. Gen. Laws, Chapter 139, Section
3B is appropriate, please direct it to the attention of the writer and include a reference to
the captioned Insured, location, policy number, date of loss and file number.
On this date, I caused copies of this notice to be sent to the persons named above at
the addresses indicated above by first class mail.
Y
Christopher J thea, �dj ster
CJS/so
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ASSOCIATION` OF INDEPENDENT INSURANCE ADJUSTERS
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of Massachusetts �ANa