HomeMy WebLinkAboutDecision - 1160 GREAT POND ROAD WSP 3/21/2017 {
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Town of North Andover 'R CI V
• l Office o the Plan Department
CLERK'S
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Community Development and Services Iv2017-MAR,-22
120 Main Street
4M11* 47
North Andover,Massachusetts 01845 'N io-
NORTH A
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NOTICE OFDECISION MASS SETTS ..
WATERSHED I ISTM T SPECIAL PERI T
'This is "*Cy that fin# 20)days
Any appeal shall be wed have elapsed*om date of decWon,Ved
wiftui ling of are appeal.within(20)days after the a &C1117
1
date of filing this notice In joy ,Smdshaw
Tewn Chwk
the office of the Town Clerk
I
Date: March 21,2017
Date of Public Hearing: February 21,2017,
March 7,2017,March 21,2017
.''0 zv 6
P:g 17 3 9 IL 6 2
Petition
Brooks School it 1 —I S— 1
1160 Great fond Road �. .� � ��,�� ,��'
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Forth Andover,MA 0 1945
Premises Affected: Brooks School—Arts Center
1160 Great Pond Road
Forth Andover,MA o 1845
Referring to the above petition for Review of a Watershed Special Permit, according to the requirements f
the forth Andover Zoning Bylaw, Sections .l , l . ,and 10.31 and MGL C-40A,Sec.
So as to allow the reconstruction of existing developed areas of the gooks School Campus consisting of the
demolition and removing of buildings and the constructing of an art center building with associated access
wars,utilities,field and landscaped areas.The majority of the proposed work is wi&in the General Zone with
small portion of reconstruction of walks,parking and 1ardscapin u the outer edge of the Non-Discharge
Zone and re-grading of an existing soccer Meld within the Non-Discharge and Non-Disturbance Zones. The
project is acted In the Residential 1 R-1 Zone.
After a public hearing given on the above date, and upon a motion by Lynne Rudnicki and a 2�d by Peter
Boynton, to APPROVE, as amended, a Watershed Special Permit with the following conditions
imposed on the project by a vote of 4 in favor and 0 against.
n behalf the North Addover Planning Board
. I John Simons,,Chairman
Lynne Rudnici
Lora McSh,erry
{ ', Deter Doynton
kx
Town clerli
x
' 4
r Bk 15046 P 1 4 #9162
} The.Public He&dng ors the above referenced application was opened on February 21, 2017 closed by the
North Andover Planning Board on Larch 21,201 `.'
n .March 21, 2017, upon a ruction made 'by Lynne Rndnicki and seconded by Peter Boynton to
APPROVE, as amended, a watershed Special Permit to allow the reconstruction of existing developed
areas of the Brooks School Campus consisting of the demolition and removing of buildings and the
constructing of an art center building with associated access ways, utilities, Meld and landscaped areas.
The majority of the proposed work is within the General Zone with a small portion of reconstruction of
walks, parking and la�ndsc ping on the outer edge of the Non-Discharge Zone and re-grading of are
existing soccer Meld within the Non-Discharge and Non-Disturbance Zones. The project is located in the
Residential 1 (R-1) Zane. This Special Permit was requested y Brooks School, 1160 Great Pond Road,
North Andover, MA 0 1845 on January 17,2017. The Applicant submitted a complete application,which
was noticed and reviewed in accordance with Section 4.136, 8.3, 1 .3, and 1 . 1 of the Town of North
Andover ,honing Bylaw and MGL Chapter 40A., Section 9. The motion to approve was subject to the
FINDINGS OF PACTS and SPECIAL CONDITIONS set forth in this decision,
The Planning Board.vote was unanimous. A special permit issued by the special permit granting
authority requires a vote of at least four members of a five-member board.
The Applicant is hereby noted that should the Applicant disagree with this decision,the Applicant has the
right, under MGL Chapter 40A, Sermon 17, to appeal to this decision within twenty days after the date this
decision has been filed with the Tovm Clerk.
In accordance with 4.136 the Planning Board makes the frndixg that the Intent of the Bylaw, as well as its
specific criteria are met. This decision spe ifiWly stated by the Planning Board makes the following
FLINGS OF FACT.0
1 The project is located within are extremely environmental sensitive area and in close proximity to
Lake Cochichewick, the Town's sole drft&ing water supply; however, the final design includes the
implementation of Best Management Practices that reflect extensive discussions between the Town.
and Applicant to ensure floe continued protection of Lake Cochichewick and the safety and welfare of
the residents of North Andover.
2 The majority of the proposed work is within the General Zane with a small portion of reconstruction
of was, parking and landscaping on the outer edge of the Non-Discharge Zone and re-grading of
existing soccer field within the Non Discharge and Non-Disturbance Zones. The project has been
reviewed by theTown's Stormwater Review consultant, Eggleston Environmental, and with the
application of erosion control measures and modifications to the drainage and st rmwater rnanagem xt
designs, the consultant concluded that there will not be significant degradation to the duality or quantity
of water in or entering Lake Cochichewick. The site drainage system and stormwater management
design are designed in a eo danee with the Town Bylaw requirements and Best Engineering and
Management Prances. (See email correspondence from L.Eggleston dated March 6,2017.)
3 The Applicant sued the soil disposal for the excavation for the proposed development that is anticipated
to generate approximately 6,200 cubic yards of excess excavated material consis ng of the existing fUl
and natural soils will be -used wither the school proms at the existing soccer field for r regrading.
McPhail Associates will be rimed to continuously monitor the excavation and segregation of materials
daring the construction period. In the event that any excavated soils which are malodorous, or which
exhibit visual anchor olfactory evidence of petroleum or any other suspicious materials become evident
they will be segregated and stockpiled separately from other soils. These soils will then be sent to an off-
site laboratory for tesfing and analyses.(See memo from McPhail Associates dated I aa-ch 1,2017.)
Brooks School—Arta Center
Watershed Special Permit
March 2 1',20 11
Page 2 of
Bk 1504 Pg175 # 1 2
a
4 The specific Site is an appropriate location for the proposed use and structure.
5 Because of the unique characteristics of the Site the use as developed will not adversely affect the
neighborhood.The overall impact(traffic,noise, generation of pollution)of the proposed
development is very mihnal.
6 There will be no nuisance or serious hazard to vehicles or pedestrians. The proposed development
provides for clear separation of pedestrian and vehicular traffic and will not create a hazard for either.
Proper signage and vehicle controls.(curbs, roadways and parking areas) will be provided. Specific
safety mechanisms (signs, striping and surfacing) will be installed where pedestrian and vehicular
traffic coincides.
7 Adequate and appropriate facilities are provided for the proper project.
8) There is no Treasonable alternative location outside the General,Non-Disturbance,and the Non-Discharge
Zones for any discharge,structure or activity.
The Plannffig Board also makes a speck fmding that the use is in harmony with the general purpose and
intent of the Forth Andover Zoning Bylaw.Upon reaching the above findings,the Planning Board approves
this Special Permit based upon the following SP CUL CO DMONS.
9 Permit Defmitions.
a The"Locus"or"Site"refers to the approximately 1.66 acre parcel of land on a portion of
Assessors Map 103,Parcels 28 and 90C also known as 1160 Great Fond Road,North
Andover,Massachusetts.
b The"Flans"refer to the plans prepared by Whitman &Bingham Associates, A.T. Leonard
Associates and AmiBeha Architects entitled "Brooks School Center for the Arts 1160 Great
Pond Road, North Andover, b A 1 4 ", dated January 13, 2017 and revised February 2,
2017,February 7,2017 and March 1,2017.
c The "Projeet" refers to the reconstruction of existing developed areas of the Brooks School
Canopus consisting of the demolition and removing of buildings and the constructing of an art
center building with associated access ways, utilities, field and landscaped areas. The
majority of the proposed work is within the General Zone with a small portion of
reconstruction of walks, parking and landscaping on the outer edge of the Non-Discharge
Zone and re-grading of an existing soccer field wriffiin the lion-Discharge and Non-
Disturbance Zones.The project is located in the Residential 1 -1 Zone.
d The "Applicant" refers to Brooks School, the applicant for the Watershed District Special
Permit.
e The "Project Ownee" refers to the person or entity holding the free Merest to the title to the
Locus from time to time,which can include but is not limited to the applicant, developer,and
owner
1 The A plicant shaU make sure the fffl being removed from the Site is non-hazardous and follow all
Federal,State ad local regulations if there is any hazardous fill found on the Site.
11 Throughout ah lands,tree cutting shall be kept to a minimum m order to minunize erosion and preserve
the natuml features of the site.
1 The Planting Plan shah include all native species.
Brooks School-Arts Center
Watershed Special Permit
March 21,2017
Page 3 of
} Bk 15046 Pg176 #9162
1 The soil that is removed from the construction site for the regrading of the soccer field and the process of
establishing vegetation shall be by way of organic or slow release nitrogen feftilizers.Any new lawn and
landscaped areas should be constructed in such a manner as to -...inimi a the maintenance that is required, .
e.g.the soil should be well aerated,it should have a mm' m` um of 6-inches oftopsoil and,where possible,
native vegetation should be planted to nu'nimize the need for fertilizer and watering.
1 The Planning Director shall approve awny changes made to these plans. Any changes deemed substantial
by the Planning Director would require a Public Hearing and Modification by the Planning Board.
'RID .To ISSUANCE OF A BIDING PERMIT
1 A performance guarantee bond of four thousand dollars , 00. o made out to the Town of forth
Andover must be posted t insure that the constriction,erosion control, measures, and performance f
any other condition contained herein will take place in accordance with the plans and the conditions of
this decision and to ensure that the as-built plans wifl be submitted.
16 No construction activities authorized by this Decision shall be conunenced until the Applicant has
received a Height Variance from the Town of North Andover Zoning Board of Appeals and the 20
Day Appeal Period has ended, as required by the Town of forth Andover's Zoning Bylaw Table 2
Bury of Dimensional Requirements specific to the height of the proposed building. A recorded
copy of the approved Zoning Board of Appeals Decision shall be provided to the Planning
Department.
1' consultation with the Planning Director,the Applicant shall designate are independent construction
monitor. The monitor shall read, sign, and return to the Town planner the Letter of Agreement for
Independent Monitors. Upon the start of site work the monitor shad make weekly inspections of the
project(any suspension in monitoring due to inactivity on the site shall be pre-approved by the Town
Plamner), provide monthly reports to the Planning Department, and detail any areas of non-
compliance and corrective actions.The monitor will also provide reports following heavy rain events.
The monitor must also be available upon notice to inspect the site accompanying a Planning
Department designated official.
1 All erosion control measms as shown on the plan must be in place and reviewed by the Planni�
Director.
1 Fertilizers are limited to those which are either organic or slow-release nit-ogen and phosphorous-fim,
non.-orgac pesticides and herbicides use are prohibited,and the use of coal tar-based pavement sealants
is prohibited. In addition to the Covenant that was previously recorded in 2004, the Applicant s�
incorporate this condition as a deed restriction and a copy of the recorded ded deed shag be submitted
to the Plante Department and Included in the Me.
PRIOR To RIELEASE of PERFORMANCE BOND
0 The Applicant must submit a letter from the architect and engineer of the project stating that the building,
landscaping,lighting and Site layout substantially comply with the plans referenced at the end of this
decision as endorsed by the Planning Board.The Applicant must also submit a letter from a professional
engineer ce .ifying that there are no illicit connections to the stogy drainage system.
21 The Planning Board mast by a majority vote make a finding that the Site is in cortfirrmance with the
approved plain.
Brooks School—Arts Center
Watershed Special Permit
March 21,2017
Page 4 of
4 Bk 1504 Pg177 #9162
GENERAL CONDMONS
22 No open burning shall be done except as is permitted wring bum ng season under the Fire Department
regulations.
23 The Contractor shall contact Dig Safe at least 72 hours prior to commenemg excavation.
24 -The provisions of this conditional approval shall apply to and be binding upon the A.pplicarit, its
employees and all successors and assigns in Merest or control.
2 Pursuant to the North Andover Zoning Bylaw Section 1 .31.3 this Special Permit approval shall be.
deemed to have lapsed March 21, 201 (two years from, the date of issuance) exclusive of the tine
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.
2 This decision must be filed with the North Essex Registry of Deeds. The following information i
included as part of this decision:
Plan tiled: Brooks School Center for the Arts
1160 Great Pond Road
North Andover,Massachusetts 0184
Prepared for: Brooks School
1160 Great Pond road
Forth Andover,MA 0 1845
Prepared by: Whitrnan&Bingham,Associates,A.T.Leonard&Associates axed AnnB h
Architects
33 Kingston Street
Boston,NSA 0211
Scale: 1'_20"
Date: January 13,2017 and revised February 2,2017,February 7,2017 and March 1,
17
Plan titled: Brooks School Center for the Arts(Exterior Elevations)
1160 Great Pond Road
North Andover,Massachusetts 0 184
Prepared for: Brooks School
1160 Great Fond Road
Mort.Andover,NLA 1845
Prepared by: AnnBeha Architects
33 Kingston Street
Boston,MA 0211
Date: December 2 1,2 I
tormr ester Anaysi
Prepared for: Brooks School
Prepared by: Vlhit pan&B Associates,LLC
Dated: January 13,2017
Soil Dipos4d Recommendations
McPhail Associates Memo
Dates March 1,201
cc:
Applicant
Abutters
Broods School—Arts Center
Watershed Special Permit
March 21,2017
Page