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HomeMy WebLinkAboutPlans - 1160 GREAT POND ROAD 4/27/2017 Ain e aj'!,.r c hip i Iiil. w t COVER LETTER 4/27/2017 To: Merylle Chase Town of North Andover Zoning Board of Appeals North Andover town Hall 120 Main Street North Andover MA, 01845 From: Steve Scribner—Ann Beha Architects 33 Kingston St Boston, MA, 02111 617.226.1616 Re: Brooks School Center for the Arts: Application for a Variance—Cover Letter At the April 11 Hearing of the Zoning Board of Appeals,the Brooks School Variance application for a height increase was continued. The board asked for additional information, as follows: 1. Site Visit for Board Members (held 4/25) 2. Further description of the site relative to the variance sought: a. Shape b. Topography c. Soil Conditions 3. Additional Documents: a. Context information about surrounding buildings including use and height b. Topographic drawing c. Existing and proposed building heights as they relate to the grade (site section) d. Site Photographs e. Planning Board Approvals f. Letter of Authorization 1. A site visit was held on April 25, 2017 at 8:OOam. 2. Further description of the site relative to the variance sought: SHAPE The proposed building will house Arts, Music, and Theater programs,which currently occupy a sloping area at the heart of the Brooks Campus. A gymnasium, admin building, dining hall, and chapel surround the site. It is important to the Brooks School to keep the programs in their current location; the surrounding buildings constrain the new building on all sides. The building will be about 540'from the nearest point of Great Pond Road, and well over 1000'from the lake. There are no neighbors within 1000' of the building location. 33 Kingston Street I Boston, MA 021111 617.338.3000 1 www.annbeha.com Ain e aj'!,.r c hip i liil. w t The current theater building occupies the highest part of the site and is itself well over the zoning height limit. Its ridge is about 7' lower than the proposed new theater ridge (and about 7' higher than the arts portion of the new building); it also has a large cupola which is about 5.5' higher than the highest point of the new building. TOPOGRAPHY The new building will occupy a portion of the property which includes a significant slope (approx. 20' elevation change). The design team took advantage of the topography to minimize the scale of the building as much as possible. The form has been broken into three smaller elements: arts and music are housed in small, separate gables which occupy the highest part of the site;the theater,which requires a 50' high fly loft, is located at the lowest part of the site. The theater floor is recessed into the grade as much as practical to allow accessible egress. Lowering the building enough to conform to the zoning height limit would result in the theater floor being approximately 16' below grade at the egress door, which would require a ramp over 200' long (including landings). SOIL The existing surface ground fill is underlain by a relatively impervious compact to very dense glacial till deposit. While the ground water table has not been established, water was encountered at various depths during preliminary explorations. Lowering the building to comply with the zoning height limit would result in the following potential issues: • Difficulty and cost of excavating compact till deposit • Temporary shoring and underpinning of adjacent buildings, roads, and pathways • Reinforcement of subgrade structure for increased loads and hydrostatic pressure • Challenging waterproofing and water removal requirements • No practical way to provide adequate accessible egress 3. Additional context information is provided in the submitted documents, which include: • Aerial Photograph • Site Section • Additional Perspective Views • Site Photographs • Existing Conditions Plan • Topography Plan • Table of existing building surveyed heights • Letter of Authorization • Planning Board Approval—Site Plan Review • Planning Board Approval—Watershed District Special Permit 33 Kingston Street I Boston, MA 021111 617.338.3000 1 www.annbeha.com /r/ /r / /j � � 4� •ww �r / Uri a r ir�� aPr ao/ JO r� s cv era cv r C ro ev (9 LU C7 1'l u` wi aa_. Z 7 D p US ZO a.�_ D +A CFD +1 CfA lAJ_ J. X q O w���i cru lir A W ,. w > ;it tai cv w ea ra -�cv % w Ilrn r, p p o J siD LM =Z. �; fi r, � . to m s - cy,U CSW t/ iMy Y Y C9 O Z a CC N F— I cr cc M w w (A CL < CL I D co I II cc cc 0 0 cr II O II OD IIO z LD F— u V) uj F— V) Lu ;tt x +I w m LL w tiO W LU LU w F— X 0 Z F- w w (D 0 1 c L CL < , Z CL CL 0 < Q 0 - W CL 0 0 u 0 m 0z 0 z w z 0 cc N ronV r,. 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Yrs -- _ .- � J d WHITMANOBINGHAM A S S (1) C' I A 'r E s W 510 Mechanic Street (978)537-5296 Leominster,MA 01453 FAX(978)537-1423 Brooks School- Existing Building Heights April 2017 Highest Approximate Ground Elevations Building Roof Approximate Elevation North South East West Height Auditorium 244.0± 198.5± 196.8± 197.0± 204.5± 45'± Auditorium 254.5± 198.5± 196.8± 197.0± 204.5± n/a Cupola Peak Admissions 224.1+ 195.5+ 196.0+ 195.0+ 201.1+ 27'+ Danforth 234.2+ 192.0+ 192.0+ 188.0+ 194.0+ 43'+ Parapet Wilder Dining 236.1± 195.0± 189.0± 188.0± 202.0± 43'± Thorne 236.6± 204.0± 204.8± 204.5± 205.0± 32'± Alumni House 231.6+ 202.0+ 201.0+ 202.0+ 202.0+ 30'+ Head of 243.0+ 202.0+ 200.0+ 200.0+ 200.0+ 43'+ School Chapel 213.9± 188.5± 188.0± 183.0± 193.0± 26'± Science Center 219.5+ 172.2+ 171.8+ 171.8+ 171.8+ 47'+ Classroom 230.9± 186.0± 175.5± 183.0± 182.0± 49'± Building Library 222.5± 188.0± 173.5± 180.0± 181.0± 42'± Athletic Center 228.9± 185.5± 185.5± 178.5± 190.0± 44'± • Elevations are based upon a datum consistent with the Center for the Arts project. • Majority of ground elevations varied across building sides. Elevations shown are approximate average grade. REGISTERED ENGINEERS, LAND SURVEYORS&ENVIRONMENTAL PLANNERS CIVIL SITE DESIGN•PLANNING•SURVEYING•MORTGAGE INSPECTION PLANS•ALTA SURVEYS SEWAGE DISPOSAL SYSTEMS•SEWAGE DISPOSAL INSPECTIONS•SOIL ANALYSIS WETLAND STUDIES•ENVIRONMENTAL SCIENCES BROOKS SO-K)OL,NOR" hi ANDOVER, MASSA C,HUS ETTS 01845-1206 TELFPHONE�(978)7'25 6300 April 21, 2017 'To 'horn It May Concern: Please be advised that tfie Executive Committee of the Board of Trustees of Brooks School,which is located at 1160 Great Pond Road,authorizes Paul Griffin,Chief, Financial Officer, to represent the School in all matters with the town of North Andover, and all of the town committees. Sincerely, e7-" 1r) 2A John R. Packard Craig J. wady Head of School Secretary 1--3- tz V, tAev� Steven R. Gorham Valentine Hollingsworth III President Treasurer rhn R. Barker Anthony H. Everets, Vice President Trustee Whitney Romoser Savignano Daniel J. Riccio Vice President Trust Ashley Wightman Scott Trustee Town of North Andover RECEIVED Office of the Planning Department TOMt1 CLERK'S OFFICE Community Development and Services Divisi"17 MAR 22 A I 1 t 4 7 120 Main Street North Andover,Massachusetts 01845 '"Oi CS NORTH NOTICE OF DECISION MASSA CHB 1 5 F,I i'; SITE PLAN REVIEW t Any appeal shall be filed within(20) days after the date of filing this notice in the office of the Town Clerk Date: March 21,2017 Date of Public Hearing: February 21, 2017, Marek 7, 2017, March 21, 2017 Date of Decision: March 21,2017. Petition of: Brooks School t 1.160 Great Pond Road North.Andover, MA 01845 1 Premises Affected: Brooks School—Arts Center 1160 Great Pond Road North Andover,MA 01845 Referring to the above petition for Site Plan Review, according to the requirements of the North Andover Zoning Bylaw, Sections 8.3, 1.0.3,and 1.0.31 and MGL C.40A, Sec.9 So as to allow the reconstruction of existing developed areas of the Brooks School Campus consisting of the demolition and removing of buildings and the constructing of an art center building with associated access ways,utilities, field and landscaped areas. The majority of the proposed work is within the General Zone with a small portion of reconstruction of walks, parking and landscaping on the outer edge of the Non-Discharge Zone and re-grading of an existing soccer field within the Non-Discharge and Non-Disturbance Zones, The project is located in the Residential 1 (R-1)Zone. After a public hearing given on the above date, and upon a motion by Peter Boynton and a 2"d by Lynne Rudnicki, to APPROVE, as amended, a Site Plan Review Special Permit with the following conditions imposed on the project by a vote of 4 in favor and 0 against, On beh f of the North Andover Planning Board John Simons, Chairman Lynne Rudnicki Lora McSherry Peter Boynton The Planning Board herein APPROVES, as amended, a Site Plan Review Special Permit to allow for the reconstruction of existing developed areas of the Brooks School Campus consisting of the demolition and removing of buildings and the constructing of an art center building with associated access ways, utilities, field and landscaped areas. The majority of the proposed work is within the General Zone with a small portion of reconstruction of walks,parking and landscaping on the outer edge of the Non-Discharge Zone and re-grading of an existing soccer field within the Non-Discharge and Non-Disturbance Zones. The project is Iocated in the Residential 1 (R-1) Zone. The public hearing on the above referenced application was opened on February 21, 2017, and closed by the North Andover Planning Board on March 21, 2017. The applicant submitted an application, which was noticed and reviewed in accordance with Section 4.136, 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in this decision. The Planning Board vote was unanimous. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The Applicant is hereby notified that should the Applicant disagree with this decision, the Applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) The specific site is an appropriate location for the project as it is located on the existing Brooks School campus in the Residential 1 (R-1)Zoning District and consists of construction of an art center building with associated access ways, utilities, field and landscaped areas, and with associated drainage and site improvements. 2) The majority of the proposed work is within the General Zone with a small portion of reconstruction of walks, parking and landscaping on the outer edge of the Non-Discharge Zone and re-grading of an existing soccer field within the Non-Discharge and Non-Disturbance Zones, The Applicant has filed for a Watershed Special Permit. 3) The Applicant has applied for a Height Variance from the North Andover Zoning Board of Appeals. 4) The use as developed will not adversely affect the neighborhood as the new arts center has been situated in a location that will have the least amount of visual impact on the neighborhood as possible. The building will be located in the center of the existing campus, close to Dining Hall and Student Center and the Danforth Squash and Rowing buildings and will not be visible from most abutting properties. 5) There will be no nuisance or serious hazard to vehicles or pedestrians. The overall layout of the site has been designed to be incorporated into the existing school campus, and will utilize existing parking as well as traffic entrances and exits to the site. 6) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The building is currently serviced by town water and sewer. 7) A notice of the public hearing was sent to all abutters within 300 feet of the project. The Applicant Brooks School—Arts Center Site Plan Review March 21,2017 Page 2 of 6 presented the project at the public hearing and answered all questions and addressed all issues raised by the Planning Board. 8) The stormwater management plan has been reviewed by the Town's outside stormwater peer review consulting engineer, Eggleston Environmental. (See email correspondence from L. Eggleston dated March 6, 2017.) 9) The Applicant stated the soil disposal for the excavation for the proposed development that is anticipated to generate approximately 6,200 cubic yards of excess excavated material consisting of the existing fill and natural soils will be re-used within the school property at the existing soccer field for regrading. McPhail Associates will be retained to continuously monitor the excavation and segregation of materials during the construction period. In the event that any excavated soils which are malodorous, or which exhibit visual and/or olfactory evidence of petroleum or any other suspicious materials become evident, they will be segregated and stockpiled separately from other soils. These soils will then be sent to an off-site laboratory for testing and analyses. (See memo from McPhail Associates dated March 1,2017.) 10) The "Lakeview Farms Barn", built in 1871, a 100 year old structure will follow the demolition process as set forth in the Town Bylaw and carried out by the Building Commissioner and Historic District Commission. 11) The Applicant will file and Request for Determination of Applicability (RDA) with the Conservation Commission concerning the regrading of the soccer field which is within 100 feet of a wetland. 12) The North Andover Police Department have reviewed the project and finds that there are no concerns other than the possible need for a Construction Detail if heavy traffic entails. (See email correspondence from Lt. Lanen dated January 31, 2017.) 13) The Fire Department has reviewed the proposed project and the turn analysis and stated that they will do a field check prior to installation of any curbing. (See email correspondence from Chief McCarthy dated February 22, 2017.) 14) Department of Public Works and the Engineering Department have no concerns with respect to water and sewer and engineering. (See email from Time Willett and John Borgesi dated February 21,2017.) Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3.5, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS PERMIT DEFINITIONS: a) The"Locus"or"Site"refers to the approximately 166 acre parcel of land on a portion of Assessors Map 103,Parcels 28 and 90C also known as 1160 Great Pond Road,North Andover,Massachusetts. b) The"Plans"refer to the plans prepared by Whitman&Bingham Associates, A.T.Leonard& Associates and AnnBeha Architects entitled`Brooks School Center for the Arts 1160 Great Pond Road,North Andover, MA 01845", dated January 13, 2017 and revised February 2, 2017,February 7,2017 and March 1, 2017. c) The "Project" refers to the reconstruction of existing developed areas of the Brooks School Campus consisting of the demolition and removing of buildings and the constructing of an art Brooks School—Arts Center Site Plan Review March 21,2017 Page 3 of 6 center building with associated access ways, utilities, field and landscaped areas. The majority of the proposed work is within the General Zone with a small portion of reconstruction of walks, parking and landscaping on the outer edge of the Non-Discharge Zone and re-grading of an existing soccer field within the Non-Discharge and Non- Disturbance Zones.The project is located in the Residential I (R-1)Zone. d) The"Applicant"refers to Brooks School, the applicant for the Site Plan Review. e) The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner. 15) The Applicant shall make sure the fill being removed from the Site is non-hazardous and follow all Federal, State and local regulations if there is any hazardous fill found on the Site. 16) The soil that is removed from the construction site for the regrading of the soccer field and the process of establishing vegetation shall be by way of organic or slow release nitrogen fertilizers. Any new lawn and landscaped areas should be constructed in such a manner as to minimize the maintenance that is required, e.g. the soil should be well aerated, it should have a minimum of 6- inches of topsoil and, where possible, native vegetation should be planted to minimize the need for fertilizer and watering. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 17)No construction activities authorized by this Decision shall be commenced until the Applicant has received a Height Variance from the Town of North Andover Zoning Board of Appeals and the 20 Day Appeal Period has ended, as required by the Town of North Andover's Zoning Bylaw Table 2 Summary of Dimensional Requirements specific to the height of the proposed building. A recorded copy of the approved Zoning Board of Appeals Decision shall be provided to the Planning Department. 18) The developer shall provide the Planning Department with copies of permits, plans and decisions received from all North Andover Land-Use Boards. 19) The Applicant will get the appropriate approvals from the Building Commissioner and the Historic District Commission in terms of the demolition of the"Lakeview Farms Barn". 20) Two (2) copies of the signed, recorded plans and decision must be delivered to the Planning Department. 21) A performance guarantee bond of ten thousand dollars ($10,000.00) made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein 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. 22) In consultation with the Planning Department,the Applicant shall designate an independent construction monitor.The monitor shall read,sign,and return to the Planning Department the Letter of Agreement for Independent Monitors.The monitor shall make weekly inspections of the project, provide monthly reports to the Planning Department,and detail any areas of non-compliance and corrective actions.The monitor will also provide reports following heavy rain events.The monitor must also be available upon notice to inspect the Site accompanying a Planning Department designated official. 23) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous- free,non-organic pesticides and herbicides use are prohibited,and the use of coal tar-based pavement Brooks School—Arts Center Site Plan Review March 21,2017 Page 4 of 6 I I sealants is prohibited. In addition to the Covenant that was previously recorded in 2004,the Applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Planning Department and included in the file. DURING CONSTRUCTION 24) Dust mitigation must be performed weekly, or more fiequently as directed by the Director of Planning,throughout the construction process. 25) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times and fenced off to minimize any dust problems that may occur with adjacent properties. 26) It shall be the responsibility of the Project Owner to assure that no erosion from the construction site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and three(3)days to cure said condition. 27) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance,any and all equipment that shall emanate sounds from the structures or site. 28) A detailed construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. 29) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department, PRIOR TO RELEASE OF THE PERFORMANCE BOND 30) The Applicant must submit a letter from the architect and engineer of the project stating that the building, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 31) A final as-built plan showing final topography, the location of all on- site utilities, structures and drainage facilities must be submitted to the Planning Department. 32) The Planning Board must by a majority vote make a finding that the Site is in conformance with the approved plan. GENERAL CONDITIONS 33) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 34) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 35) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 36)No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 37)No underground fuel storage shall be installed except as may be allowed by Town Regulations. 38) 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. Brooks School—Arts Center Site Plan Review March 21,2017 Page 5 of 6 i i 3 i s 39) Any action by a Town Board, Commission, or Department, which requires changes in the plan or a design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. 40) Any revisions shall be submitted to the Director of Planning for review. if these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. 41) Pursuant to the North Andover Zoning Bylaw Section 10.31.3, this Special Permit shall be deemed to have lapsed after March 21,2019(two years from the date the permit is granted), exclusive of the time required to pursue or await determination of any appeals, unless substantial Y use or construction has commenced within said two-year period or for good cause as determined by the Planning Board. 42) The following information shall be deemed pant of the decision: Plan titled: Brooks School Center for the Arts 1160 Great Pond Road North Andover,Massachusetts 01845 Prepared for: Brooks School 1160 Great Pond Road North Andover,MA 01845 Prepared by: Whitman&Bingham Associates,A.T, Leonard&Associates and AnnBeha Architects 33 Kingston Street Boston,MA 0211 Scale: 1'-20" Date: January 13,2017 and revised February 2,2017, February 7,2017 and March 1,2017 Plan titled: Brooks School Center for the Ants(Exterior Elevations) 1160 Great Pond Road North Andover,Massachusetts 01845 Prepared for: Brooks School 1160 Great Pond Road North Andover, MA 01845 Prepared by: AnnBeha Architects 33 Kingston Street Boston,MA 0211 Date: December 21,2016 Stormwater Analysis Prepared for: Brooks School Prepared by: Whitman&Bingham Associates,LLC Dated: January 13,2017 Soil Disposal Recommendations McPhail Associates Memo Dates March 1,2017 cc: Applicant Abutters Brooks School—Arts Center Site Plan Review March 21,2017 Page 6 of 6 p���� 'r %�. Town of North Andover i f ° : Office of the Planning DepartmentTovo� li Community Development and Services Division �� ,22 �: 120 Main Street 47 North Andover,Massachusetts 018450 ;a fli NOTICE OF DECISION I" ,6°�� WATERSHED DISTRICT SPECIAL PERMIT Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk Date: March 21, 2017 j Date of Public Hearing: February 21,2017, March 7, 2017, March 21,2017 1 Petition of: Brooks School 1160 Great Pond Road North Andover, MA 01845 Premises Affected: Brooks School--Arts Center 1160 Great Pond Road North Andover,MA 01.845 Referring to the above petition for Review of a Watershed Special Permit, according to the requirements of the North Andover Zoning Bylaw, Sections 4.136, 10.3,and 1.0.31 and MGI:,C.40A,See. 9 So as to allow the reconstruction of existing developed areas of the Brooks School Campus consisting of the demolition and removing of buildings and the constructing of an art center building with associated access ways,utilities,field and landscaped areas. The majority of the proposed work is within the General Zone with a small portion of reconstruction of walks, parking and landscaping on the outer edge of the Non-Discharge Zone and re-grading of an existing soccer field within the Non-Discharge and Nan-Disturbance Zones. The project is located in the Residential 1 (R-1)Zone. After a public hearing given on the above date, and upon a motion by Lynne Rudnicki and a 2"d by Peter 1 Boynton, to APPROVE, as amended, a Watershed Special Permit with the following conditions imposed on the project by a vote of in favor and 0 against. On behalf the North Andover Planning Board John Simons, Chairman Lynne Rudnicki Lora McSherry Peter Boynton The Public Hearing on the above referenced application was opened on February 21, 2017 closed by the North Andover Planning Board on March 21,2017. On March 21, 2017, upon a motion made by Lynne Rudnicki and seconded by Peter Boynton to APPROVE, as amended, a Watershed Special Permit to allow the reconstruction of existing developed areas of the Brooks School Campus consisting of the demolition and removing of buildings and the constructing of an art center building with associated access ways, utilities, field and landscaped areas. The majority of the proposed work is within the General Zone with a small portion of reconstruction of walks, parking and landscaping on the outer edge of the Non-Discharge Zone and re-grading of an existing soccer field within the Non-Discharge and Non-Disturbance Zones. The project is located in the Residential 1 (R-1) Zone. This Special Permit was requested by Brooks School, 1160 Great Pond Road, North Andover, MA 01845 on January 17, 2017. The Applicant submitted a complete application, which was noticed and reviewed in accordance with Section 4.136, 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in this decision. The Planning Board vote was unanimous. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The Applicant is hereby notified that should the Applicant disagree with this decision,the Applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick, the Town's sole drinking water supply; however, the final design includes the implementation of Best Management Practices that reflect extensive discussions between the Town and Applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. 2) The majority of the proposed work is within the General Zone with a small portion of reconstruction of walks, parking and landscaping on the outer edge of the Non-Discharge Zone and re-grading of an existing soccer field within the Non-Discharge and Non-Disturbance Zones. The project has been reviewed by the Town's Stormwater Review consultant, Eggleston Environmental, and with the application of erosion control measures and modifications to the drainage and stormwater management designs, the consultant concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage system and stormwater management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices. (See email correspondence from L.Eggleston dated March 6,2017.) 3) The Applicant stated the soil disposal for the excavation for the proposed development that is anticipated to generate approximately 6,200 cubic yards of excess excavated material consisting of the existing fill and natural soils will be re-used within the school property at the existing soccer field for regrading. McPhail Associates will be retained to continuously monitor the excavation and segregation of materials during the construction period. In the event that any excavated soils which are malodorous, or which exhibit visual and/or olfactory evidence of petroleum or any other suspicious materials become evident, they will be segregated and stockpiled separately from other soils. These soils will then be sent to an off- site laboratory for testing and analyses. (See memo from McPhail Associates dated March 1,2017.) Brooks School—Arts Center Watershed Special Permit March 21,2017 Page 2 of 5 4) The specific Site is an appropriate location for the proposed use and structure. 5) Because of the unique characteristics of the Site the use as developed will not adversely affect the neighborhood. The overall impact(traffic,noise, generation of pollution) of the proposed development is very minimal. 6) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposed development provides for clear separation of pedestrian and vehicular traffic and will not create a hazard for either. Proper signage and vehicle controls (curbs, roadways and parking areas) will be provided. Specific safety mechanisms (signs, striping and surfacing) will be installed where pedestrian and vehicular traffic coincides. 7) Adequate and appropriate facilities are provided for the proper project. 8) There is no reasonable alternative location outside the General,Non.-Disturbance,and the Non-Discharge Zones for any discharge,structure or activity. The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the Noah Andover Zoning Bylaw. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 9) Permit Definitions: a) The"Locus" or"Site"refers to the approximately 166 acre parcel of land on a portion of Assessors Map 103,Parcels 28 and 90C also known as 1160 Great Pond Road,North Andover, Massachusetts. b) The "Plans" refer to the plans prepared by Whitman & Bingham Associates, A.T. Leonard & 3 Associates and AnnBeha Architects entitled `Brooks School Center for the Arts 1160 Great Pond Road, North Andover, MA 01845", dated January 13, 2017 and revised February 2, 9 2017,February 7, 2017 and March 1,2017. c) The "Project" refers to the reconstruction of existing developed areas of the Brooks School a Campus consisting of the demolition and removing of buildings and the constructing of an art center building with associated access ways, utilities, field and landscaped areas. The majority of the proposed work is within the General Zone with a small portion of reconstruction of walks, parking and landscaping on the outer edge of the Non-Discharge Zone and re-grading of an existing soccer field within the Non-Discharge and Non- Disturbance Zones. The project is located in the Residential 1 (R-1)Zone. d) The "Applicant" refers to Brooks School, the applicant for the Watershed District Special Permit. e) The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner 10) The Applicant shall make sure the fill being removed from the Site is non-hazardous and follow all Federal, State and local regulations if there is any hazardous fill found on the Site. 11) Throughout all lands,tree cutting shall be kept to a minimum in order to minimize erosion and preserve the natural features of the site. 12) The Planting Plan shall include all native species. Brooks School—Arts Center Watershed Special Permit March 21,2017 Page 3 of 5 13) The soil that is removed from the construction site for the regrading of the soccer field and the process of establishing vegetation shall be by way of organic or slow release nitrogen fertilizers.Any new lawn and landscaped areas should be constructed in such a manner as to minimize the maintenance that is required, e.g.the soil should be well aerated, it should have a minimum of 6-inches of topsoil and,where possible, native vegetation should be planted to minimize the need for fertilizer and watering. 14) The Planning Director shall approve any changes made to these plans. Any changes deemed substantial by the Planning Director would require a Public Hearing and Modification by the Planning Board. PRIOR TO ISSUANCE OF A BUILDING PERMIT 15) A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein 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. 16) No construction activities authorized by this Decision shall be commenced until the Applicant has received a Height Variance from the Town of North Andover Zoning Board of Appeals and the 20 Day Appeal Period has ended, as required by the Town of North Andover's Zoning Bylaw Table 2 Summary of Dimensional Requirements specific to the height of the proposed building. A recorded copy of the approved Zoning Board of Appeals Decision shall be provided to the Planning Department. 17) In consultation with the Planning Director,the Applicant shall designate an independent construction monitor. The monitor shall read, sign, and return to the Town Planner the Letter of Agreement for Independent Monitors. Upon the start of site work the monitor shall make weekly inspections of the project(any suspension in monitoring due to inactivity on the site shall be pre-approved by the Town Planner), provide monthly reports to the Planning Department, and detail any areas of non- compliance and corrective actions. The monitor will also provide reports following heavy rain events. The monitor must also be available upon notice to inspect the site accompanying a Planning Department designated official. 18) All erosion control measures as shown on the plan must be in place and reviewed by the Planning Director. 19) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free, non-organic pesticides and herbicides use are prohibited, and the use of coal tar-based pavement sealants is prohibited. In addition to the Covenant that was previously recorded in 2004, the Applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Planning Department and included in the file. PRIOR TO RELEASE OF THE PERFORMANCE BOND 20) The Applicant must submit a letter from the architect and engineer of the project stating that the building, landscaping, lighting and Site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board.The Applicant must also submit a letter from a professional engineer certifying that there are no illicit connections to the storm drainage system. 21) The Planning Board must by a majority vote make a finding that the Site is in conformance with the approved plan. Brooks School—Arts Center Watershed Special Pennit I March 21,2017 Page 4 of 5 GENERAL CONDITIONS 22) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 23) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 24) 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. 25) Pursuant to the North Andover Zoning Bylaw Section 1031.3 this Special Permit approval shall be deemed to have lapsed March 21, 2019 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 26) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: Brooks School Center for the Arts 1160 Great Pond Road North Andover, Massachusetts 01845 Prepared for: Brooks School 1160 Great Pond Road North Andover,MA 01845 Prepared by: Whitman&Bingham Associates,A.T. Leonard &Associates and AnnBeha Architects 33 Kingston Street Boston, MA 0211 Scale: 15-20" Date: January 13, 2017 and revised February 2,2017,February 7, 2017 and March 1, 2017 Plan titled: Brooks School Center for the Arts(Exterior Elevations) 1160 Great Pond Road North Andover,Massachusetts 01845 Prepared for: Brooks School 1160 Great Pond Road North Andover, MA 01845 Prepared by: AnnBeha Architects 33 Kingston Street Boston,MA 0211 Date: December 21,2016 Stormwater Analysis Prepared for: Brooks School Prepared by: Whitman&Bingham Associates,LLC 3 Dated: January 13,2017 h Soil Disposal Recommendations McPhail Associates Memo Dates March 1,2017 cc: Applicant Abutters Brooks School—Arts Center Watershed Special Permit March 21,2017 Page 5 of 5