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HomeMy WebLinkAboutMiscellaneous - 1160 GREAT POND ROAD (2) t � Town of North Andover Planning Board Application for Watershed Speci hr i Please type or print clearly. 1. Petitioner:_ Rr„oks School Petitioner's Address: 1160 Great Pond Rd, No. Andover, MA 01845 Telephone number: 978-686-6101 2. Owners of the Land: Same as above Address: 1135 Great Pond Road, No. Andover, MA 01845 Number of years of ownership: 37+ 3. Year lot was created: c. 1967 4. Is the lot currently on septic or sewer?On campus sysrem, which tips to Town system. If on sewer,please provide date the sewer connection was completed: c. 1982 S. Description of Proposed Project• Addition of screened porch on rear of house. 6. Description of Premises': Single family house on 7.5 acre wooded lot. Faculy residence for Brooks School. 7. Address of Property Being Affected 1135 Great Pond Rd. Zoning District: R-2 Assessors: Map: 103 Lot# 2 Registry of Deeds:' Book#:. Page#: Not available at Assessor's Office. Will obtain. 8. E)dsting Lot: Lot Area(Sq.Ft) 326,700 BuildingHeight 25' Street.Frontage: 1 ,120 Side Setbacks: 400' ; 656' Front Setback: 35' Rear Setback: 336' Floor Area Ratio: -M Lot Coverage: .02 9. Proposed Lot(if applicable): Same Lot Area (Sq.Ft) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 10. Required Lot(as required by Zoning'Bylaw): Lot Area(Sq.Ft) 43,560 Building Height 35' Street Frontage: 150' Side Setbacks: 30' Front Setback: 30' Rear Setback: 30' Floor Area Ratio: N/A Lot Coverage: N/A 11. Existing Building(if applicable): Ground Floor(Sq.Ft.) 1,356 #of Floors: 2 Total Sq.Ft. 2.819 Height: 25' Use: 1-fami 1_u Type of Construction wood frame w 12. Proposed Building: Ground Floor(Sq.Ft.) I68 #of Floors: 1 Total Sq.Ft. 1tiQ Height: 10' Use: Attached screened porch Type of Construction wood frame w/ conc. piers 13. Has there been a previous application for a Special Permit from the Planning Board on these premises? No If so, when and for what type of construction? 14. Section of Zoning Bylaw that Special Permit is $eing Requested_ 4.136.3.c.ii(6) - construction of accessory structure in Non-Disturbance zone of. the WPD, 15. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: Print or type name here: Owner's Signature: Print or type name here: - r, Brooks School 1P>t0eCC7Z&L. It Z/ 16. Please list title of plans and documents you will be attaching to this application. Plans by Rist-Frost-Shumway Engr. : I - Site Plan 2 - Watershed Potection District Plan Narrative List of abutters + two envelopes each + 22 1st class stamps Copy of Assessor's M^p Suet-h of porch construction by prospective builder Fee check Copy of Brooks School Turf Management Program r Town of North Andover NORTH Office �rOb str`•O 4°1 O ce of the Planning Department Community Development and Services Division : i 27 Charles Street "° ------ North --- • North Andover,Massachusetts 01845 "S$�cwusEs Julie Parrino Telephone(978)688-9535 T04'VIl Planner Fax(978)688-9542 Notice Of Decision Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk Date: April 7,2004 cr Date of Hearing: March 23, 2004, Decision: April 6, 2004 Petition of: Brooks School Premises Affected: 1160 Great Pond Road,North Andover 01845 Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 4.136. So as to allow: the construction of two, single family houses and associated site work and utility connections located in the Watershed Protection District on the property of Brooks School. After a public hearing given on the above date,the Planning Board voted to APPROVE, the Special Permit for Watershed Protection District,based the'f owing conditions: r Signe�:jd A erto Agles, Chairman Cc: Applicant eorge White,Vice Chairman Engineer Felipe Schwarz, Clerk Abutters Rick Nardella DPW John Simons Building Department James Phinney Conservation Department Health Department ZBA BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 r � 1160 Great Pond Road-Brooks School Special Permit-Watershed Protection District The Planning Board makes the following findings regarding the application of Brook School, 1160 Great Pond Road, North Andover, MA 01845, filed on February 13, 2004. The area affected is located on the property of the Brooks School, 1160 Great Pond Road in the R-2 Zoning District, Map 90C, Lot 25 and Map 103, Lot 28. The lot was created in 1928 and is subject to the Watershed Protection District provisions for lots created on or prior to October 24, 1994. The applicant is requesting a Watershed Special Permit for the construction of two single family faculty houses, driveways, associated grading,utilities and stormwater management. Activities will be located with the 325' Non-Discharge Zone associated with bordering vegetated wetland resource areas located in the Watershed Protection District. Actual construction located within the 325' Non-Discharge Zone is limited to the construction of one of the faculty houses, a portion of the driveways,portions of the drainage swale and parabolic swale, catch basins and underground groundwater recharge systems. FINDINGS OF FACT: In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria,are met. Specifically the Planning Board finds: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases its findings on the following facts: a) The proposed structures will be connected to the North Andover Town sewer system; b) A covenant will be placed in the deed restricting and limiting the types of fertilizers that can be used on the site. c) The topography of the site will not be altered substantially. d) The limit of clearing is restricted to the minimum necessary to construct/renovate the structure and appurtenances. The location of the houses will be located in a cleared maintained field. 2. There is no reasonable alternative location outside the Non-Disturbance Buffer Zone, for any discharge, structure or activity, associated with the proposed project. 3. 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; r l b) The use will not adversely affect the neighborhood as the use is accessory to an existing school facility; 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) Town of North Andover Planning Board Application for Watershed Special Permit filed by Brooks School on February 13,2004;including: • Narrative,dated February 27,2004; • Turf Management Program, dated 2/12/04(2 pages); • Recharge Calculations and plans prepared by John Scott, P.E. of RFS,dated 2/23/04; b) Plans entitled: Observatory Hill Faculty Housing Project Cover Sheet,dated February 13, 2004; Sheet Cl, General & Civil Notes, Legend, Symbols, and Abbreviations, dated 2/13/04; Sheet C2,Watershed Protection District Plan,dated 2/13/04; Sheet C3,Proposed Site Plan,revised 2/27/04; Sheet C4,Erosion Protection Details, dated 2/13/04; Sheet C5,Civil Details,revised 3/12/04; c) Engineering Review Letters: Prepared by VHB,dated March 8,2004; Prepared by RFS Engineering dated March 12,2004; 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 ANY WORK ON SITE: a) A performance guarantee of two thousand dollars ($2,000) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) The limit of work as shown on the plan must be marked in the field and must be reviewed and approved by the Town Planner. c) Erosion controls consisting of haybales and silt fence must be installed along the limit of work behind the proposed houses. The locations of the erosion controls must be approved and reviewed by the Town Planner. d) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, and the Department of Public Works and be in compliance with the above permits and approvals. 3) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) The Planning Board must endorse the final site plan mylars and three copies of the signed plans must be delivered to and reviewed by the Planning Department. b) The decision must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department. C) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance within 325' of Lake Cochichewick or within 325' of wetland resource areas. The applicant shall incorporate this condition as a deed restriction, and a copy of the recorded deed shall'be submitted to the Town Planner and included in the file. 4) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: Foundation Plan: Immediately upon completion of the house foundations and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor (R.P.L.S.) which accurately depicts the foundation locations and their proximity to wetland resource areas and watershed buffer zones as shown on the approved Watershed Site Plan. Said plan shall be submitted to the Town Planner for review to verify that the setback limits under the special permit have been met. 5) PRIOR TO THE RELEASE OF THE PERFORMANCE BOND: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer or Land Surveyor in Massachusetts that shows all construction, limits of disturbance, existing topography, storm water mitigation structures and other pertinent site features. This as-built plan shall be submitted to the Town Planner and the Department of Public Works for approval. The applicant must submit a written certification from the design engineer that the site was constructed in accordance with the approved plan and any changes or deviations from the approved plan must be specifically noted in the certification letter. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6) 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. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) 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 10) This Special Permit approval shall be deemed to have lapsed April 7, 2006 (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 cc: Applicant File Town of North Andover Planning Board '--' ; Application for Watershed Special Permit Please type or print clearly. L Petitioner: Brooks Sdhool Petitioner's Address: 1160 Great Pond Rd. , No. Andover, MA 01845 Telephone number: 978-686-6101 2. Owners of the Land: Same as above. Address: Number of years of ownership: 75 years. 3. Year lot was created: 1928 4. Is the lot currently on septic or sewer? Sewer. If on sewer,please provide date the sewer connection was completed: 1982. 5. Description of Proposed Project: Two single-family houses and associated site work and utility connections. Each house is intended as a residence for a faculty member and his or her family. 6. Description of Premises: Campus of long-established private boarding school. 7. Address of Property Being Affected 1160 Great Pond Road Zoning District: R-2 Assessors: Map: 90C Lot# 25 and Map 103, Lot 28 Registry of Deeds: Book#:_530 Page#: 290 8. EidstingLot: (40 existing bldgs. Lot Area(sq.Ft) 7,187,000 BuadingHeight Varies & Athletic Ctr. not Street Frontage: 3,500 Side Setbacks: 70' Bigelow House yet con- Front Setback: 170' Maint. Bldg. Rear Setback: 45' Boat House tructed.) Floor Area Ratio: 0.07*— Lot Coverage: 0.10* 9. Proposed Lot(if applicable): Lot Area(Sq.Ft) Same Building Height Same Street Frontage: Same Side Setbacks: Same Front Setback: Same Rear Setback: Same Floor Area Ratio: 0.07** Lot Coverage: 0.10** * Includes Athletic Center, which has approved permits, but has not started construction. **Proposed faculty houses not large enough to change floor area ratio or lot coverage. 10. Required Lot(as required by Zoning"Bylaw): Lot Area(Sq.Ft) 43,560 Building Height 35' Street Frontage: 150' Side Setbacks: 301 Front Setback: 30' Rear Setback: 30 Floor Area Ratio: N/A Lot Coverage: NIA 11. Existing Building(if applicable): 40 existing buildings Ground Floor(Sq.Ft.) #of Floors: Total Sq.Ft. Height: Use: Type of Construction 12. Proposed Building: Ground Floor(Sq.Ft.) 2 x 1080 #of Floors: 2 Total Sq.Ft. 2 x (2100 + 440 garage) Height: 31 feet Use: R3 Type of Construction 5B 13. Has there been a previous application for a Special Permit from the Planning Board on these premises? Yes. If so, when and for what type of construction? Aug. '03: Athletic facility, Type 2B, Protected; .Apr. '99: Dining Hall, Type 26 (steel frame, 14. Section of Zoning Bylaw that Special Permit 7s Being light Requested 4.136 — Watershed Protection District gauge inf ill) unprotected) 15. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: Print or type name here: James R. .Pugh, Business Manager, Brooks Sdhool Owner's Signature. �r Print or type name here: Barbara B. ermann, Assistant Business Manager 16. Please list title of plans and documents you will be attaching to this application. See attached 'list. Title Sheet C 1 - General and Civl Notes, Legend, Symbols, and Abbreviations C2 - Watershed Protection District Plan C3 - Proposed Site Plan C4 -Erosion Protection Details C5 - Civil Details NORTH Cf{S`ec $61N .�� 4� ' •s by Bldg. ZBA � Con/Com Health 70 aR CEIVEO Fire Chief Police Chief 4 i „ * TOWN' `'-ERK'S 071C'= TownClerk DPW/En ineers '� �, 99 DPW/Engineers '�► +°ttr�o ���� � �SS,cHusa.� 2001 JUN 2 7 AM 11: 55 TO'dN OF PLANNING DEPARTMENT NORTH ANDOVER. Community Development Division MASSACHUSE1 TS 1600 Osgood Street North Andover, Massachusetts,01845 Phone: 978-688.9535 Fax: 978-688-9542 NOTICE OF DECISION A"appeal shall be filed within(20)days atter the date of filing this notice in the office of the Town Clerk. Date: June 27,2007 Date of Hearing: May 1,2007,June 5 and June 26, 2007 Date of Decision: June 26,2007 Petition of: Brooks School 1160 Great Pond Road North Andover,MA 01845 Premises Affected: Brooks School,1160 Great Pond Road,Assessors Map 90C,Parcel 25 and Map 103,Parcel 28. Referring to the above petition for a Watershed Speaal Permit frown the reqummants of the North Andover Zwiug Bylaw,Section 4.136.3(bX i)(1). So as to allow: the coosftlion of a ddention pond and outlet structures within the Non I3ischarp buffer zone of the Watershed Protection District within the Residential 2(R2)Zomag District. After a public hearing given on the above date, and upon a motion by Richard Rowen and 2°d by John Simons to APPROVE a WAwAnd Special Pernut as am®ded and based upon the following conditions. Vote was unanimous 4-0. 06 of the Norther Plamung Beard Richard Nardella,Chairman John Simons,Vice-Chairman Richard R.owen Jewifer Kusek 1 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Watershed Special Permit-Construction of detention pond and outlet structures The public heating on the above referenced application was opened on May 1,2007 and closed by the North Andover Planning Boatel on June 5, 2007. On June 26, 2007, upon a motion.made by Richard Rower and seconded by John Simons to GRANT a Watershed Special Permit as amended in order to construct a detention pond and outlet structures within the Non-Discharge buffer zone of the Watershed Protection District associated with Lake Cochichewick. The proposed detention pond and outlet structures are located at 1160 Great Pond Road,North Andover, Massachusetts,01845,Map 90C,Parcel 25 and Map 103,Parcel 28 and is located within the Non Discharge Zone of the Watershed Protection District under the requirements of Section 4.136& 10.3 of the North Andover Zoning Bylaw.This Special Permit was requested by Brooks School,Trustee, 1160 Great Pond Road,North Andover,MA 01845. The applicant submitted a complete application,which was noticed on April 3& 10,2007,and reviewed in accordance with Section 4.136 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A,Section 9. The lot was created in 1928 and is subject to the Watershed Protection District provisions for lots before October 24, 1994. Public hearings were held on May 1,2007, June 5,2007,and June 26,2007. The Planning Board voted on the motion by Richard Rowen and seconded by John Simons to approve the Watershed Special Permit. 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) That as a result of the proposed constriction in conjunction with other uses nearby,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The proposed detention" pond and outlet structures will have a negligible impact on Lake Cochichewick given the design and function/purpose of the pond and proximity to the Lake. Further, the detention pond and outlet structures will be constructed using Best Management Practices;, b) The topography of the site will not be altered substantially. The detention pond and outlet structures were specially designed and located to minimize the amount of gradinghopographical changes and take advantage of natural features of the property. Further,construction of the proposed storm water management measures and erosion control measures will use Best Management and Engineering Practices and not substantially alter the topography of the site; c) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed detention pond and outlet structures as shown on the plan;and d) The construction of the detention pond and outlet structures and storm water management plan have been reviewed by the Town's outside consultant and Town Planner and determined that there will be 2 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Watershed Special Permit-Construction of detention pond and outlet structures no degradation to the quality or quantity of water in or entering the isolated vegetated wetland or Lake Cochichewick. 2) There is no reasonable alternative location outside the Non-Discharge Zone for any discharge, structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site. The project will be built using Best Management Practices; 2) The use will not adversely affect the neighborhood as the lot is located in a Residential 2 Zoning District; 3) There will be no nuisance or serious hazard to vehicles or pedestrians; 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw; Upon reaching the above findings,the planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) 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 Any Work On Site: a. A performance guarantee of two thousand dollars ($2,000) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b. The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed andapproved by the Town Planner and Conservation Department.' c. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Department. Deteriorated erosion control measures shall be replaced and maintained throughout the duration of the project. d. If applicable, the site shall have received all necessary permits and approvals from the North Andover Conservation Commission,Board of Health,Zoning Board of Appeals and the Department of Public Works and be in compliance with the above permits and approvals. 3) Prior to issuance of a building permit: a. The Planning Board must endorse the final site plan mylars and three copies of the signed plans must be delivered to the Planning Department. b. The decision must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department. 3 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Watershed Special Pennit-Construction of detention pond and outlet structures ' c. No pesticides,fertilizers or chemicals shall be used in lawn care or maintenance within 325' of Lake Cochichewick or within 325' of wetland resource areas. The applicant shall incoiporate this condition as a deed restriction, and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. d. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. 5) 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 management services 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. 6) In no instance shall the construction of the project as proposed be allowed to further impact the site than as shown on thelan referenced' p in Condition#11. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) 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 10) This special permit was issued on June 26, 2007, however, this Special Permit shall be deemed to have lapsed after a two (2) year period on June 26, 2009 unless substantial use or construction has commenced. 11 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 New Science Building Prepared for. Brooks School 1160 Great Pond Road North Andover,MA 01845 Prepared by. Architerra Inc. 68 Long Wharf Boston,MA 02110 Scale: 1"=20' Date: March 16,2007,revised 4/5/07 Sheets: AO.00, A2.01, A2.02, CO.01, C0.02, C2.01, C3.01, C3.02, C4.01, L1.00, L2.00, L3.01,L3.02,L4.00 4 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Watershed Special Permit-Construction of detention pond and outlet structures cc: Town Departments Applicant Engineer Abutters Assessor 5 O �zLao ,`�Ar t` G O L . 711 * _ RECEfVED r Coe amwmw 2001 +CHus TOWN OF PLANNING DEPARTMENT NORTH ANDO`d-" Community Development Division MASSACF,'J 1600 Osgood Street North Andover, Massachusetts,01845 NOTICE OF DECISION A9 appy shall be filed within(20)days after,the date of filing this notice in the office of the Town Clerk Date: June 27,2007 Date of Hearing: May 1, 2007,June 5, and June 26,2007 Date of Decision: June 26, 2007 Petition of: Brooks School 1160 Great Pond Road North Andover,MA 01845 Premises Affected: Brooks School,1160 Great Pond Road,Assessors Map 90C,Parcel 25 and Map 1039 Pared 2$. Referring to the above petition for a Site Plan Special Permit from the r uiremwb of the North Andover Zoning Bylaw,Sections 8.3, 10.3,and 10.31 and MOIL C.40A,See.9 So as to allow.the construction of a(+)29,447 sq.$. Science Building, 12 ft.x 20 ft.grecWxmse structure, mar lapped courtyat+d, installation of drainage and storm wmer maaagement system, 2 additional Pig spaces, installation of underground utilities,cow of detention pond and outlet structuM and limited grading work within the Readartial 2(R2)Zoning District, After a public hearing given on the above date,and upon a motion by Jahn Simons and 2'by Jennifer Kusek to APPROVE the Site Plan Special Permit as amended and based upon the fallowing conditions. Vote was unanimous 4-0.. On behalf of the North An&wr Planning Board Richard Nardella,Orman John Simons,Vice-Chairman Richard>lowen Jennifer Kusek 1 N °� Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Site Plan Special Permit-Construction of Science building and greenhouse The Planning Board herein APPROVES the Site Plan Special Permit to construct a 29,447 sq. ft. Science Building, 12 ft.x 20 ft.greenhouse structure,interior landscaped courtyard,installation of drainage and storm water management system,2 additional parking spaces,installation of utilities,construction of detention pond and outlet structures, and limited grading work. The project is located at 1160 Great Pond Road, North Andover, Massachusetts, 01845, Map 90C, Parcel 25 and Map 103, Parcel 28 in the Residential 2 (R2) Zoning District. The parcels total approximately 7,187,000 s.f with fiontage on Great Pond Road. This Special Permit was requested by Brooks School, 1160 Great Pond Road, North Andover MA 01845. The application was filed with the Planning Board on March 16, 2006. The public hearing on the above referenced application was opened on May 1,2007 and closed by the North Andover Planning Board on June 5, 2007. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec.9. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1) The specific site is an appropriate location for the project as it is located in the Residential 2 (R2) Zoning District and consists of the construction of a 29,447 sq. ft. Science Building, 12 ft. x 20 ft. greenhouse structure, interior landscaped courtyard, installation of drainage and storm water management system, 2 additional parking spaces, installation of utilities, construction of detention pond and outlet structures, and limited grading work. The proposal is a function of the capital improvements and designed to harmonize with the existing campus architecture and natural landscape and incorporates green and energy efficient technologies into the design. The project is located at the southern end of the campus and will not visually impact the surrounding properties. 2) The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. The overall layout of the site has been designed to focus on traditional architecture and provide site amenities designed at a pedestrian scale. 3) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal will have a negligible impact on pedestrian safety and vehicular circulation within the site as the project will not add additional vehicle trips to the site. The intent of the project is to add additional science classroom space for the current student population and employees of the School. The project will not result in the increase in enrollment or staff. 4) The landscaping and lighting plans approved as part of this plan meet the requirements of Section 8.4 as amended by the Planning Board of the North Andover Zoning Bylaw. The lighting plan consists of shielded downcast lighting that has been arranged to provide adequate safety for students and employees and shall not impact abutting properties. The landscaping has been placed so as to maintain and enhance the appearance of the campus and site. 5) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 6) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The new Science Building and greenhouse will be serviced by town water and sewer. The Division of Public Works, and the outside consulting engineer, Vanasse, I3angen Bntstlin, Inc, have reviewed the application, utilities, and drainage and storm water management plan and deemed them to be 2 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Site Plan Special Permit-Construction of Science building and greenhouse adequate. 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: 1) Permit Definitions: A) The"Locus"refers to the 7,187,000 sq. ft. parcel of land with land fronting on Great Pond Road as shown on Assessors Map 90C, Parcel 25 and Map 103, Parcel 28, and also known as 1160 Great Pond Road,North Andover,Massachusetts. B) The "Plans" refer to the plans prepared by Architerra Inc., 68 Long Wharf, Boston, MA 02110 entitled "Brooks School New Science Building", dated March 16, 2007, revised 4/5/07, and consisting of Sheets A0.00,A2.01,A2.02,C0.01,C0.02,C2.01,C3.01,C3.02,C4.01,L1.00,L2.00, L3.01,L3.02,L4.00,Lighting Plan. C) The"Project" or"Brooks School, 1160 Great Pond Road"refers to the construction of a 29,447 sq. ft. Science Building, 12 ft. x 20 ft. greenhouse structure, interior landscaped courtyard, installation of drainage and storm water management system, 2 additional parking spaces, installation of utilities, construction of detention pond and outlet structures, and limited grading work. D) The"Applicant"refers to Brooks School, 1160 Great Pond Road,North Andover,MA 01845,the applicants for the Special Permit. E) The"Proj ect 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. 2) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. 3) The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four(4) hour's notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. 4) Prior to the Endorsement of the Plans by the Planning Board,the Applicant MUST comply with the following conditions: A) The final plans must be reviewed and approved by the DPW and the Planning Department and be endorsed by the Planning Board.The final plans must be submitted for review within ninety 90 days of filing the decision with the Town Clerk. 3 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Site Plan Special Permit-Construction of Science building and greenhouse B) The final site drainage system must be designed in accordance with the Town Bylaw requirements and reviewed by the Division of Public Works. All storm water drainage control facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations which support the design of the control facilities shown the plan shall be submitted to the Department of Public Works for review and approval. Written confirmation of said review and approval by the Department of Public Works must be submitted to the Planning Department. S) PRIOR TO THE START OF CONSTRUCTION A) 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. B) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the 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 ten days to cure said condition. D) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Department must be contacted prior to any cutting and or clearing on site. E) A pre-construction meeting must-be held with the developer,their construction employees,Planning Department and Building Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. E) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover Land-Use Boards. F) A bond in the amount of ten thousand dollars $10 000.00 shall be posted for e ( � ) �- the purpose of insuring-that a final as-built plan showing the location of all-on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan.. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. 6) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department. 'n DURING CONSTRUCTION A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. B) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and 4 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Site Plan Special Permit-Construction of Science building and greenhouse reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times and fenced Off to min�any dust problems that may occur with properties. erties. J C) In an effort to reduce noise levels, the developer shall keep intimum wo °p ridng order, through regular maintenance,any and all equipment that shall emanate sounds from the structures or site. 8) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY A) 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, Alternatively,the applicant and/or property owner may provide a bond, determined by the Planning Board, to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to the use of the parking area. B) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed.so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. C) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: All structures must contain a commercial fire sprinkler system. The commercial fire sprinkler systems must be installed in accordance with referenced standard. NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant The applicant must then provide this certification to the North Andover Planning Department. 9) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS A) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. B) A final as-built plan showing final topography,the location of all on-site utilities,structures,curb cuts,parking spaces and drainage facilities must be submitted to the Planning Department. 10) GENERAL CONDITIONS A) Any plants,tree, shrubs, or fencing that have been incorporated into the Landscape Plan approved in this decision that die or fall into disrepair must be replaced by the project owner in perpetuity. B) Snow removal shall be maintained in accordance with the current facility management plan. C) There shall be no dumpsters or outside storage of matmials/refuse on site. All materials/refuse to be stored inside of the building. D) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 5 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Site Plan Special Permit-Construction of Science building and greenhouse E) Gas, Telephone, Cable and Electric utilities shall be installed undergrouM as specified by the restive utility companies. F) The hours for construction sha11 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. G) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. H) No underground fuel storage shad be installed except as maybe allowed by Town Regulations. 1) 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. J) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. K) Any revisions shall be submitted to the, Town Planner for mvww. If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. L) This Special Permit approval shall be deemed to have lapsed aper June 26,2009(two years from the date permit granted), 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 or for good cause. For purposes of this development,the developer shall be deemed to have undertaken substantial use or construction if the developer has begun renovation of the existing structurues. NO The following information shall be deemed past of the decision: Plan titled: Brooks School New Science Building Prepared for: Brooks School 1160 Great Pond Road North Andover,MA 01845 Prepared by: Architerm Inc. 68 Lwg Wharf Boston,MA 02110 Scale: I"=20% Date: March 16,2007,revised 4/5/07 Sheets: A0.00,A2.01,A2.02,C0.01,C0.02,C2.01,C3.01,C3.02,C4.01,L1.00,L2.00, L3,01,L3.02,L4.00. Plan titled: Drainage Calculations for New Science 11�rMng Prepared far: Brooks School 1160 Great Pond Road North Andove4 MA 01845 Prepared by. Rist-Frost-Shumway Engineering,P.C. Laconia,New Hampshire Post Development Drainage Analyses Revised May 1,2007 6 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Site Plan Special Permit-Construction of Science building and greenhouse Scale: 1"-40' Date: 3/15/07 revised 4/30/07 Ste. Drawings 1 &2 cc: Town Departments Applicant Engineer Abutters Assessor 7 NORTF1 0'� btid- h: 6 OZ.� CEIVEO D'* COC NICM WKN q' 04 rap rq2007 JUN 27 AM H• 56 9SSACHUs�� q+55 55 pp T Ui o iS we PLANNING DEPARTMENT NORTH Community Development Division MASS' 1�' t 1600 Osgood Street North Andover,Massachusetts, 01845 Phone: 978-688-9535 Fag: 978-688-9542 NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: June 27,2007 Date of Hearing: May 1, 2007, June 5 and June 26, 2007 Date of Decision: June 26, 2007 Petition of: Brooks School 1160 Great Pond Road North Andover,MA 01845 Premises Affected: Brooks School, 1160 Great Pond Road,Assessors Map 90C,Parcel 25 and Map 103,Parcel 28, Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw,Section 4.136.3(b)(iixl). So as to allow: the construction of a detention pond and outlet strictures within the Non-Discharge buffer zone of the Watershed Protection District within the Residential 2(R2)Zoning District. After a public hearing given on the above date, and upon a motion by Richard Rowers and 2'd by John Simons to APPROVE a Watershed. Special Permit as amended and based upon the following conditions. Vote was unanimous 4-0. On of the North Anddler Planning Board Richard Nardella,Chairman John Simons,Vice-Chairman Richard Rowen Jennifer Kusek 1 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Watershed Special Permit-Construction of detention pond and outlet structures The public hearing on the above referenced application was opened on May 1,2007 and closed by the North Andover Planning Board on June 5, 2007. On June 26, 2007,upon a motion made by Richard Rowen and seconded by John Simons to GRANT a Watershed Special Permit as amended in order to construct a detention pond and outlet structures within the Non-Discharge buffer zone of the Watershed Protection District associated with Lake Cochichewick. The proposed detention pond and outlet structures are located at 1160 Great Pond Road,North Andover, Massachusetts,01845,Map 90C,Parcel 25 and Map 103,Parcel 28 and is located within the Non-Discharge Zone of the Watershed Protection District under the requirements of Section 4.136& 10.3 of the North Andover Zoning Bylaw.This Special Permit was requested by Brooks School,Trustee, 1160 Great Pond Road,North Andover, MA 01845. The applicant submitted a complete application,which was noticed on April 3& 10,2007,and reviewed in accordance with Section 4.136 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The lot was created in 1928 and is subject to the Watershed Protection District provisions for lots before October 24, 1994. Public hearings were held on May 1,2007, June 5,2007,and June 26,2007. The Planning Board voted on the motion by Richard Rowen and seconded by John Simons to approve the Watershed Special Permit. 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) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The proposed detention pond and outlet structures will have a negligible impact on Lake Cochichewick given the design and function/purpose of the pond and proximity to the Lake. Further, the detention pond and outlet structures will be constructed using Best Management Practices; b) The topography of the site will not be altered substantially. The detention pond and outlet structures were specially designed and located to minimize the amount of grading/topographical changes and take advantage of natural features of the property. Further,construction of the proposed storm water management measures and erosion control measures will use Best Management and Engineering Practices and not substantially alter the topography of the site; c) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed detention pond and outlet structures as shown on the plan;and d) The construction of the detention pond and outlet structures and storm water management plan have been reviewed by the Town's outside consultant and Town Planner and determined that there will be 2 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Watershed Special Permit-Construction of detention pond and outlet structures no degradation to the quality or quantity of water in or entering the isolated vegetated wetland or Lake Cochichewick. 2) There is no reasonable alternative location outside the Non-Discharge Zone for any discharge, structure or activity. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site. The project will be built using Best Management Practices; 2) The use will not adversely affect the neighborhood as the lot is located in a Residential 2 Zoning District; 3) There will be no nuisance or serious hazard to vehicles or pedestrians; 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw; Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) 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 Any Work On Site: a. A performance guarantee of two thousand dollars ($2,000) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b. The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner and Conservation Department. c. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Department. Deteriorated erosion control measures shall be replaced and maintained throughout the duration of the project. d. If applicable, the site shall have received all necessary permits and approvals from the North Andover Conservation Commission,Board of Health,Zoning Board of Appeals and the Department of Public Works and be in compliance with the above permits and approvals. 3) Prior to issuance of a building permit: a. The PlanningBoard must endorse the final site plan m Lars and three copies of the signed plans p Y P must be delivered to the Planning Department. b. The decision must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department. 3 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25 &Map 103,Parcel 28 Watershed Special Permit-Construction of detention pond and outlet structures c. No pesticides,fertilizers or chemicals shall be used in lawn care or maintenance within 325' of Lake Cochichewick or within 325' of wetland resource areas. The applicant shall incorporate this condition as a deed restriction, and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. d. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. 5) 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 management services 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. 6) In no instance shall the construction of the project as proposed be allowed to further impact the site than as shown on the plan referenced in Condition# 11. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) 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. 10) This special permit was issued on June 26, 2007, however, this Special Permit shall be deemed to have lapsed after a two (2) year period on June 26, 2009 unless substantial use or construction has commenced. 11) 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 New Science Building Prepared for: Brooks School 1160 Great Pond Road North Andover,MA 01845 Prepared by: Architerra Inc. 68 Long Wharf Boston,MA 02110 Scale: 1"=20' Date: March 16,2007,revised 4/5/07 Sheets: A0.00, A2.01, A2.02, C0.01, C0.02, C2.01, C3.01, C3.02, C4.01, L1.00, L2.00, L3.01,L3.02,L4.00 4 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Watershed Special Permit-Construction of detention pond and outlet structures c. No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance within 325' of Lake Cochichewick or within 325' of wetland resource areas. The applicant shall incorporate this condition as a deed restriction, and a copy of the recorded deed shalt be submitted to the Town Planner and included in the file. d. All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. 5) 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 management services 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. 6) In no instance shall the construction of the project as proposed be allowed to further impact the site than as shown on the plan referenced in Condition# 1 L 7) No open burning shall be done except as is permitted daring burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) 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. 10)This special permit was issued on June 26, 2007, however, this Special Permit shall be deemed to have lapsed after a two (2) year period on June 26, 2009 unless substantial use or construction has commenced. 11) 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 New Science Building Prepared for: Brooks School 1160 Great Pond Road North Andover,MA 01845 Prepared by: Architerra Inc. 68 Long Wharf Bast,MA 02110 Scale: 1"=20' Date: March 16,2007,revised 4/5/07 Sheets: A0.00, A2.01, A2.02, C0.01, 00.02, 02.01, C3.01, C3.02, C4.01, LI.00, L2.00, L3.01,L3.02,L4.00 Plan titled: Drainage Calculations for New Science Building Prepared for: Brooks School 4 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Watershed Special Permit-Construction of detention pond and outlet structures 1160 Great Pond Road North Andover,MA 01845 Prepared by: Rist Frost-Shumway Engineering,P.C. Laconia,New Hampshire Post-Development Drainage Analyses Revised May 1,2007 Scale: 1"=40' Date: 3/15/07 revised 4/30/07 Sheets: Drawings 1 &2 cc: Town Departments Applicant Engineer Abutters Assessor 5 NORTH 0Fteo ,6'9 o �* * F,FCEIVED�7FIC lb . M � O? cecnKewaw q' (I 044roo 2007 JUN 27 AM 1 �SSgcKus�� i�0YIN 10 PLANNING DEPARTMENT NORTH ATjtj�'#" a Community Development Division 1600 Osgood Street North Andover,Massachusetts,01845 NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk Date: June 27,2007 Date of Hearing: May 1, 2007,June 5, and June 26, 2007 Date of Decision: lune 26, 2007 Petition of: Brooks School 1160 Great Pond Road North Andover,MA 01845 Premises Affected: Brooks School,1160 Great Pond Road,Assessors Map 90C,Parcel 25 and Map 103,Parcel 28. Referring to the above petition for a Site Plan Special Permit from the requirements of the North Andover Zoning Bylaw,Sections 8.3, 10.3,and 10.31 and MGL C.40A,Sec.9 So as to allow:the construction of a(+ )29,447 sq.ft. Science Building, 12 ft.x 20 ft greenhouse structure, interior landscaped courtyard, i mon of drainage and storm water management system, 2 additional parking spaces,installation of underground utilities,construction of detention pond and outlet structures,and limited grading work within the Residential 2(R2)Zoning District. After a public hearing given on the above date,and upon a motion by John Simons and 2'd by Jennifer Kusek to APPROVE the Site Plan Special Permit as amended and based upon the following conditions. Vote was unanimous 4-0.. On behalf of the North An ver Planning Board Richard Nardella,Chairman John Simons,Vice-Chairman Richard Rowen Jennifer Kusek i Brooks School, 1160 Great Pond Road Map 90C,Parcel 118-,Map 103,Parcel 21 Site Plan Special Permit-Construction of Science building and greenhouse The Planning Board herein APPROVES the Site Plan Special Permit to construct a 29,447 sq. ft. Science Building, 12 ft.x 20 ft. greenhouse structure,interior landscaped courtyard,installation of drainage and storm water management system,2 additional parking spaces,installation of utilities,construction of detention pond and outlet structures, and limited grading work. The project is located at 1160 Great Pond Road, North Andover, Massachusetts, 01845, Map 90C, Parcel 25 and Map 103, Parcel 28 in the Residential 2 (R2) Zoning District. The parcels total approximately 7,187,000 s.£ with frontage on Great Pond Road. This Special Permit was requested by Brooks School, 1160 Great Pond Road, North Andover MA 01845. The application was filed with the Planning Board on March 16, 2006. The public hearing on the above referenced application was opened on May 1,2007 and closed by the North Andover Planning Board on June 5, 2007. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A,Sec.9. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1) The specific site is an appropriate location for the project as it is located in the Residential 2 (R2) Zoning District and consists of the construction of a 29,447 sq. ft. Science Building, 12 ft. x 20 ft. greenhouse structure, interior landscaped courtyard, installation of drainage and storm water management system, 2 additional parking spaces, installation of utilities, construction of detention pond and outlet structures, and limited grading work. The proposal is a function of the capital improvements and designed to harmonize with the existing campus architecture and natural landscape and incorporates green and energy efficient technologies into the design. The project is located at the southern end of the campus and will not visually impact the surrounding properties. 2) The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. The overall layout of the site has been designed to focus on traditional architecture and provide site amenities designed at a pedestrian scale. 3) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal will have a negligible impact on pedestrian safety and vehicular circulation within the site as the project will not add additional vehicle trips to the site. The intent of the project is to add additional science classroom space for the current student population and employees of the School. The project will not result in the increase in enrollment or staff. 4) The landscaping and lighting plans approved as part of this plan meet the requirements of Section 8.4 as amended by the Planning Board of the North Andover Zoning Bylaw. The lighting plan consists of shielded downcast lighting that has been arranged to provide adequate safety for students and employees and shall not impact abutting properties. The landscaping has been placed so as to maintain and enhance the appearance of the campus and site. 5) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 6) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The new Science Building and greenhouse will be serviced by town water and sewer. The Division of Public Works, and the outside consulting engineer, Vanasse, Hangen Brustlin, Inc, have reviewed the application, utilities, and drainage and storm water management plan and deemed them to be 2 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Site Plan Special Permit-Construction of Science building and greenhouse adequate. 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: 1) Permit Definitions: A) The"Locus" refers to the 7,187,000 sq. ft. parcel of land with land fronting on Great Pond Road as shown on Assessors Map 90C, Parcel 25 and Map 103, Parcel 28, and also known as 1160 Great Pond Road,North Andover,Massachusetts. B) The "Plans" refer to the plans prepared by Architerra Inc., 68 Long Wharf, Boston, MA 02110 entitled "Brooks School New Science Building", dated March 16, 2007, revised 4/5/07, and consisting of Sheets A0.00,A2.01,A2.02,C0.01,C0.02,C2.01,C3.01,C3.02,C4.01,L1.00,L2.00, L3.01,L3.02,L4.00,Lighting Plan. C) The "Proj ect" or"Brooks School, 1160 Great Pond Road" refers to the construction of a 29,447 sq. ft. Science Building, 12 ft. x 20 ft. greenhouse structure, interior landscaped courtyard, installation of drainage and storm water management system, 2 additional parking spaces, installation of utilities, construction of detention pond and outlet structures, and limited grading work. D) The"Applicant"refers to Brooks School, 1160 Great Pond Road,North Andover,MA 01845,the applicants for the 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. 2) The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. 3) The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four(4) hour's notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. 4) Prior to the Endorsement of the Plans by the Planning Board, the Applicant MUST comply with the following conditions: A) The final plans must be reviewed and approved by the DPW and the Planning Department and be endorsed by the Planning Board.The final plans must be submitted for review within ninety(90) days of filing the decision with the Town Clerk. 3 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Site Plan Special Permit-Construction of Science building and greenhouse B) The final site drainage system must be designed in accordance with the Town Bylaw requirements and reviewed by the Division of Public Works. All storm water drainage control facilities utilized by the site shall be shown on the sitedraina lan. Storm water a calculations p g which support the design of the control facilities shown the plan shall be submitted to the Department of Public Works for review and approval. Written confirmation of said review and approval by the Department of Public Works must be submitted to the Planning Department. 5) PRIOR TO THE START OF CONSTRUCTION A) 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. B) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. C) It shall be the responsibility of the developer to assure that no erosion on the 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 ten days to cure said condition. D) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Department must be contacted prior to any cutting and or clearing on site. E) A pre-construction meeting must be held with the developer,their construction employees,Planning Department and BuildingDepartment (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. E) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover Land-Use Boards. F) A bond in the amount of ten thousand dollars ($10,000.00) shall be posted for the purpose of insuring that a final as-built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. 6) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department. B) One certified copy of the recorded decision must be submitted to the Planning Department. 7) DURING CONSTRUCTION A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. B) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and 4 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25 &Map 103,Parcel 28 Site Plan Special Permit-Construction of Science building and greenhouse 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. C) 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. 8) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY A) 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. Alternatively,the applicant and/or property owner may provide a bond, determined by the Planning Board, to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to the use of the parking area. B) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. C) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: All structures must contain a commercial fire sprinkler system. The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. 9) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS A) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. B) A final as-built plan showing final topography,the location of all on-site utilities, structures,curb cuts,parking spaces and drainage facilities must be submitted to the Planning Department. 10) GENERAL CONDITIONS A) Any plants, tree, shrubs, or fencing that have been incorporated into the Landscape Plan approved in this decision that die or fall into disrepair must be replaced by the project owner in perpetuity. B) Snow removal shall be maintained in accordance with the current facility management plan. C) There shall be no dumpsters or outside storage of materials/refuse on site. All materials/refuse to be stored inside of the building. D) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 5 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Site Plan Special Permit-Construction of Science building and greenhouse E) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. F) 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. G) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. H) No underground fuel storage shall be installed except as may be allowed by Town Regulations. 1) 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. 1) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building,as presented to the Planning Board, may be subject to modification by the Planning Board. K) Any revisions shall be submitted to the Town Planner for review. if these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. L) This Special Permit approval shall be deemed to have lapsed after June 26,2009(two years from the date permit granted), 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 or for good cause. For purposes of this development,the developer shall be deemed to have undertaken substantial use or construction if the developer has begun renovation of the existing structures. M) The following information shall be deemed part of the decision: Plan titled: Brooks School New Science Building Prepared for: Brooks School 1160 Great Pond Road North Andover,MA 01845 Prepared by: Architerra Inc. 68 Long Wharf Boston,MA 02110 Scale: I"=20' Date: March 16,2007,revised 4/5/07 Sheets: A0.00,A2.01,A2.02,00.01,C0.02,C2.01,C3.01,C3.02,04.01,L1.00,L2.00, L3.01,L3.02,L4,00. Plan titled: Drainage Calculations for New Science Building Prepared for: Brooks School 1160 Great Pond Road North Andover,MA 01845 Prepared by: Rist-Frost-Shumway Engineering,P.C. Laconia,New Hampshire Post Development Drainage Analyses Revised May 1,2007 6 Brooks School, 1160 Great Pond Road Map 90C,Parcel 25&Map 103,Parcel 28 Site Plan Special Permit-Construction of Science building and greenhouse Scale: Date: 3/15/07 revised 4/30/07 Sheets: Drawings 1&2 cc: Town Departments Applicant Engineer Abutters Assessor 7 i 4 Town of North Andover Planning Board 2007 INAR, 16 i c Application for Special Permit Please type or print clearly. 1. Petitioner: Brooks School Petitioner's Address: 1160 Great Pond Rd., N. Andover, MA 01845 Telephone number: 978-686-6101 2. Owners of the Land: Brooks School Address: 1160 Great Pond Rd N. Andover MA 01845 Number of years of ownership: 79 years 3. Year lot was created: 1928 4. Description of Proposed Project: Construction of new Science building. 5. Description of Premises: Independent Boarding school 6. Address of Property Being Affected 1160 Great Pond Rd. Zoning District: R-2 Assessors: Map: 90C Lot# 25 and Map 103, Lot 28 Registry of Deeds: Book#: 530 Page#: 290 7. Existing Lot: Lot Area(Sq.Ft) 7,187,000 Building Height Varies (41 existing buildings) Street Frontage: T,500 500 f t. Side Setbacks: (Big ow' House) Front Setback: 170' (Maint Bldg)Rear Setback: 451 (Boat House) Floor Area Ratio: .07 Lot Coverage: .10 8. Proposed Lot(if applicable): Lot Area(Sq.Ft) 7,187,000 Building Height Varies (41 existing buildings) Street Frontage: 3,500 f t. Side Setbacks: 0 (Bigelow House) Front Setback: 170' (Maint Bldg)Rear Setback: 45' (Boat House) Floor Area Ratio: .074 Lot Coverage: .106 9. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) 43,560 Building Height 35' 1 0 Street Frontage: 50 Side Setbacks: Front Setback: 30' Rear Setback: 30' Floor Area Ratio: N/A Lot Coverage: N/A 10. Existing Building(if applicable): 41 existing buildings Ground Floor(Sq.Ft.) #of Floors: Total Sq.Ft. Height: Use: Type of Construction 11. Proposed Building: Ground Floor(Sq.Ft.) 13,921 #of Floors: 2 Total Sq.Ft. 29,447 Height: 27'-11" ft. to top of occupied flr; Use: A-3 (Large seminar room) ; Type of Construction 5B 47'—5" to roof E (Classrooms) ridge of unoccu 12. Has there been a previous application for a Special Permit from the Planning Board on these pied mechani premises? Yes If so,when and for what type of construction? 4/99 - cal penthouse. Dining Hall, Type 2B; 5/03 -Athletic Facility, Type 2B 13. Section of Zoning Bylaw that Special Permit Is Being Requested 4.136 — Watershed Special Permit 14. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: Print or type name here: E� n Trova e, Director of Facilities Owner's Signature: Print or type name here: /hn Trova e, Director of Facilities 15. Please list title of plans and documents you will be attaching to this application. 7- -see Section 8.3 of the North Andover Zoning Bylaw for more detaile zr�ati l 1" j Town of North Andover Planning Board Appli Please type or print clearly: 1. Petitioner: Brooks School Address: 1160 Great Pond Rd. , N. Andover, MA 01845 Telephone Number: 978-686-6101 2. Owners of the Land: Brooks School Address: 1160 Great Pond Rd. , N. Andover, MA 01845 Telephone Number:-978-686-6101 Number of years ownership: 79 years If applicant is not the owner, please state interest in property: 3. Request for a Special Permit under Section 8.3 of the North Andover Zoning Bylaw to Construct a new Science building. 4. Location of Property: 1160 Great Pond Rd. , N. Andover, MA 01845 Zoning District: R-2 Assessors: Map: 90C Lot# 25 and Map 103 Lot 28 Registry of Deeds: Book#: 530 Page# 290 5. Existing Lot: Lot Area(Sq. Ft): 7,187,000 Building Height: Varies (41 existing Bldgs.) Street Frontage; 3,500 Side Setbacks: 70' Bigelow House Font Setback: 170' (Maine Bldg)Rear Setback: 45' Boat House Floor Area Ration: .07 Lot Coverage: .10 6. Proposed Lot(if applicable): Lot Area(Sq.Ft.): 7,187,000 Building Height: Varies (41 existing Bldgs.) Street Frontage: 3,500 Side Setback: 70' Bigelow House Front Setback: 170' (Mainz Bldg)Rear Setback: 45' Boat House Floor Area Ratio: .074 Lot Coverage: .106 7. Required Lot(as required by Zoning Bylaw); Lot Area (Sq.Ft.): 43,560 Building Height: 35' Street Frontage: 150 Side Setback: 30' Front Setback: 130' Rear Setback: 30' Floor Area Ratio: N/A Lot Coverage: N/A 8. Existing Building (if applicable): (41 existing buildings) Ground Floor(Sq.Ft.) #of Floors Total Sq. Ft.; Height: Use: Type of Construction: 9. Proposed Building: Ground Floor(Sq.Ft.) 13,921 #of Floors 2 Total Sq. Ft.; 29,447 Height: 27'-11" to top of occupied flr; Use: A-3 (Large seminar room) Type of Construction: 5B 471-5" to roof E (Classrooms) ridge of un- 10. Has there been a previous application for a Special Permit from the Planning occupied mech- Board on these premises? Yes If so,when and for what type of anical pent construction? Apr. 1999 - Campus Center Dining Hall, construction Type 2B house (steel frame, light guage infill, unprotected) ; May 2003 - Athletic Facility, construction Type 2B, protected. 11. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application asinc plete. Petitioner's Signature: Print or type name here: ohn Trovage, Director of Facilities Owner's Signature: 6�) Print or type name here: ohn Trovage, Director of Facilities s !' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1057 Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 I Provided b DEP Y.�-1 S7 A. Project Information u,de-t Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Brooks School computer, use Name only the tab key to move 1160 Great Pond Road your cursor- Mailing Address do not use the North Andover MA. 01845 return key. City/Town State Zip Code w 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: _Brooks School Name/ 17/61 73 f o 242-1057 qq'?' —Ios- r Dated if I I DEP File Numberfl 3. The project site is located at: 1160 Great Pond Road North Andover Street Address City/Town Map 90C, 103 Parcel 25, 28 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North BOG b Y 016 9 County ` ,5- Page Certificate C? 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 9/7/06 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: it wpaform 8b.doc-rev.7/13104 Page 1 of 4 r y Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: �1 WPA Form 8B — Certificate of Compliance 242-1057 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided 7 DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified,that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 68 C. Authorization Issued by: North Andover f /3 4 Conservation Commission Date of IssuAnce This Certificate must be signed by a majority of the Conservation Commission and a c ent to the applicant and appropriate DEP Regional Office(See Attachment). Ji Signatures: C' 4 I wpaform 84.doc•rev.7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: l� WPA Form 8B — Certificate of Compliance 242-1057 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this « Of -�iaPe o7b 4-r ( Day Month Year before me,�the undersigned Notary Public, personally appeared '�tb7T G�I�SS� Name of Document Signer proved to me through satisfactory evidence of identification,which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town Signature of Notary Public /� m Zf/tIJC C lM. E Printed Name of Notary Public ARY PUBLIC COMMONWEALTH OF MASSACHUSETTS tiny Comm.Expims Aug.7,2009 JaX My Com issio xpires(Date) Place notary seal and/or any stamp above k1l) -`" �1 j Sid ature of Notary Public wpaform 8b.doc•rev.7113104 Page 3 of 4 y Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: (1\ WPA Form 8B — Certificate of Compliance 242-1057 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 242-1057 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book - Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc•rev.7113104 Page 4 of 4 i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales g Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Malborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax: 508 792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mandan Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville, MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield Andover Chelsea Holbrook Methuen Randolph Walpole 1 Winter Street Waltham Arlington Cohasset Hull Middleton Reading Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown 4-6500 Bedford Danvers Lawrence Milton Rockport Wayland Phone:617-65 Fax: 617-556-10494-65 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton HamiltonMedford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield I wpaform8b.doc•DEP Addresses•rev.9/11/06 Page 1 of 1 \L242Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions -1346 L Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 1. Conservation Commission out forms on the computer, 2. This issuance is for(check one): Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Brooks School use the return a. First Name b. Last Name c.Company key. 1160 Great Pond Road d. Mailing Address zv tab North Andover MA. 01845 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Same a. First Name b. Last Name c.Company d. Mailing Address e. City/Town f.State g.Zip Code Project Location: 1160 Great Pond Road North Andover a.Street Address b.City/Town Map 90C & 103 Parcel 25&28 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e. Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) 530 290 c. Book d.Page 7. Dates: 1/24/06 "2h, D a. Date Notice of Intent Filed b.Date Pifiblic Aearing Closed c. Date 9f IssuAnce s. Final Approved Pians and Other Documents(attach additional plan or document references as needed): Site Plan a. Plan Title Rist-Frost- Shumway Engineering, P. C. John L. Scott, P. E. b. Prepared By c.Signed and Stamped by a1 t� t2 -•5hc�-�,s I s 1" =20' ;> d. anal evision Date e.Scale f.Additional Plan or Document Title g. Date 9. Total WPA Fee Paid' $ 1, 650.00 $ 537.50 $ 1,112.50 a.Total Fee Paid b. State Fee Paid c.City/Town Fee Paid wpafomi5doc• rev.3/1/05 Page 1 of 9 \ Massachusetts Department of Environmental Protection DEP File Number: T� Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1346 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm DamagePreventio6 i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b. linear feet c. linear feet d.linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.3/1/05 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 Order of Conditions 242-1346 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f. cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ Rlverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1 o. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c. square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.3/1/05 Page 3 of 9 Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1346 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredgingproject as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Number 242-1346 " wpaform5.doc• rev.3/1105 Page 4 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1346 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document Page 5 of 9 wpafcrm5.doc- rev.311105 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1346 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance i. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds(check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control If you need more G The special conditions relating to municipal ordinance or bylaw are as follows: space for additional See attached conditions, select box to attach a text document Page 6 of 9 wpaform5.doc• rev.3/1/05 DEP FILE #242 - 1346 Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby finds that the following conditions are necessary, in accordance with the Performance i Standards set forth in the State Regulations, the local Bylaw and Regulations,lations, to protect those 1 work shall be performed in accordance with interests noted above. The NACC orders that al p said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals Submitted with the Notice of Intent, the conditions shall control GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work isnot incompliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. CAW inword',00CTrooks-addition.doc I NACC 2/23i2006 DEP FILE #242 - 1346 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued under File No. 242-1346. 26. The conditions of this decision shall apply to,and be binding upon,the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term Applicant as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: The construction of a 1,280 s.f. (32'x 40') addition to an existing hockey rink with associated drainage features and grading activities within the Buffer Zone to a Bordering Vegetated Wetland (BVW). The site may also be within the Watershed Protection District of Lake Cochichewick. 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Brooks School (Applicant) 1600 Great Pond Road North Andover, MA 01845 Dated December 1,2005. Prepared by: Rist-Frost-Shumway Engineering,P.C. Narrative &Drainage Calculations Revised Dated February 7,2006. Site Plans prepared by: Rist-Frost-Shumway Engineering, P.C. 71 Water Street Laconia,NH 03246 Entitled, "Brooks School- Addition to Ice Rink" consisting of sheets 1 &2, dated 12,/02,/05,revised February 3,2006. Sheet 1 entitled "Site Plan" Sheet 2 entitled"Civil Details" Stamped &signed by John L. Scott, P.E. Other Documents: Letter from Natural Heritage dated February 21,2006. CAW inword`00CBrook s-add ition.doc 2 NACC 2/23/2006 DEP FILE # 242 - 1346 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to a Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone and a fifty-foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No- Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede;any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 35. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. ZPRIO:RTO CONSTRUCTION 36. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. C:\Winword\OOC\Brooks-addition.doe 3 NACC 2/23/2006 DEP FILE # 242 - 1346 37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 38. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP,File Number 242-1346." 39. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing(at the expense of the applicant).Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 40. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 41.Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 42. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so I that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall . be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials,stockpiling of soil, or construction activity is to C:\Winword\OOC\Brooks-addition.doc 4 NACC 2/23/2006 DEP FILE # 242 - 1346 occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 43. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 44. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 45. A check payable to the Town of North Andover shall be provided in the amount of $2,000,which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 46. Prior to the commencement of any work on site, a Registered Land Surveyor (R.L.S.) shall stake the corners of the addition. This will be confirmed during the pre-construction meeting. 47. The applicant shall designate a Wetland Scientist as an"Environmental Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. The designated professional shall submit a letter on company letterhead acknowledging that they have been retained as the project's Environmental Monitor.The Conservation Department shall be in receipt of this letter prior to, or at the pre-construction meeting. This person shall be given the authority to stop construction for erosion control purposes. The Environmental C:AWinword\00C\Brooks-addition.doc 5 NACC 2/23/2006 DEP FILE 9 242 - 1346 Monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 48. ON EVERY MONDAY OF EACH WEEK, in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized,the applicant shall submit a written report from the "Environmental Monitor' to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work'is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The Environmental Monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 49. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions,the "Compliance Certification Form Affidavit" attached via"Appendix A" signed under the pains and penalties of perjury,stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5)business days after to the closing of said land transaction. 50. Once these above mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor,the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 51. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. NACC 2/23/2006 C:AW inword\00C\Brooks-addiNon.doc 6 DEP FILE # 242 - 1346 52.Water quality down gradient of BVWs shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. D URING CONSTRUCTION 53. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 54. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas,and what work is anticipated to be done over the next period. This will update the construction sequence. 55. The limit of work/erosion control line shall be enforced and maintained, as depicted on the approved plan referenced herein. 56. Erosion control devices shall be inspected regularly;any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas;silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation personnel 57. The Environmental Monitor shall be on site during and/or following a rain event of 1- inch or greater, to ensure that soils remain stable,erosion controls are adequate and secure, and that all BMP's are adequately functioning. 58. The sewer lines on the site shall be tested for water tightness in accordance with North Andover DPW standards. 59. Approved de-watering activities anticipated shall be supervised and witnessed by the designated Environmental Monitor. This designee must be on-site while de-watering work to ensure that sediment-laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 60. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber,bricks, plaster,wire,lath, Paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. CAW inword\000Brooks-addition.doc 7 NACC 2/23/2006 DEP FILE #242 - 1346 61. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 62. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be permanently stabilized using clean stone riprap or biodegradable erosion controls, such as jute matting. 63. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 64. After final grading, all disturbed areas located within a'resource area, which will not remain as wetland areas, shall be loamed (minimum of 4 of quality loam), and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover.Soil used for this purpose will either be wetlands topsoil or a minimum of 4 of quality loam. 65. Washings from concrete trucks, or surplus concrete,shall not be directed to, any drainage system, or wetland resource area. 66. All waste generated by, or associated with,the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 67. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 68. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland e resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection Bylaw. 69. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order C:AWin"ord100C`Brooks-addition.doc 8 NACC 2/23/2006 DEP FILE #242 - 1346 of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 70. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered completeonce vegetative v etative cover has been achieved. e d. 71. Upon approved site stabilization by Conservation Staff,the erosion controls shall be removed and properly disposed of and all exposed areas shall be seeded. 72. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A- "Request for a Certificate of Compliance. b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor)of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource If portions of the stormwater systems exist partially within the area. NOTE. Y a p Buffer Zone than the entire structure must be depicted to accurately verify compliance. Y "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. C:\Winword\OOC',Qrooks-addition.doc 9 NACC 2/23/2006 DEP FILE # 242 - 1346 v Distances from structures to wetland resource areas. Structures include (but are not limited to)septic systems, additions, fences, shed, stonewall, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes AU disturbance of soils or vegetation. Location of all subsurface utilities entering the property. 73. Tile following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: y 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing. Future work within 100' of existing wetlandresource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition#32) ➢ Discharge or spillage of pollutants (Condition# 67); Prohibition of underground fuels (Condition#68); ➢ Limitations on the use of fertilizers, herbicides, and pesticides(Condition #69). C:AWinvord\000\Brooks-addition.doc 10 NACC 2/23/2006 DEP FILE # 242 - 1346 APPENDIX A— AFFIDAVIT I, on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission(NACC). and / or 2) I am theof (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP.or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition,which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20 I inspected said property together with any and all improvements, which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of ,20 (Authorized agent of applicant or owner) C:AWinword\OOC\Brooks-addition.doc i 1 NACC 2/23/2006 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands SEP File Number: WPA f=orm 5 - Order of Conditions 242-1346 �'1v Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special ZZI&6 condition pursuant to General Conditions#4, from the date of issuance. 1.Date oflissuafice Please indicate the number of members who will sign this form: y This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional i e, if not filing electronically, and the property owner, if different from applicant. Signatures: Z Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this Day of Month Year Before me, the undersigned Notary Public, A personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town MIM DONNA M.WEDGE NOTARY PUBLIC rC, MONWEALTH OF h'ASVrh!SETTS ,�y Comm.Expires Aug./,2009 Ignature of Notary Public 22 Printed Name of Notary Public Place notary seal and/or any stamp above My commission xpires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on V�by certified mail, return receipt requested, on Date Date Page 7 of 9 wpaform5.doc• rev.3/1!05 Massachusetts Department of Environmental Protection DEP File Number: L242-Bureau of Resource Protection - Wetlands � WPA Form 5 - Order of Conditions 1346 \ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination: The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. Page 8 of 9 wpaform5.doc• rev.311105 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands i; WPA Form 5 - Order of Conditions 242-1346 Massachusetts Wetlands Protection Act M.G.L. c. 1.31, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final-Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1346 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Page 9 of 9 wpaform5.doc• rev.3/1!05