HomeMy WebLinkAbout2020-09-15 Recorded Decision Common Driveway So. Entrance Relocation Doc: 123 ,732 12-21-2020 1: 02
Town of North Andover C t f#: 17 7 5 8
Office of the Planning Department _
Community Development and Services Division
120 Main Street
North Andover,Massachusetts 01845 29 �� _i ,.
7
NOTICE OF DECISION
COMMON DRIVEWAY SPECIAL PERMIT
Any appeal shall be filed to cer*that taWtY(20)dWs
within(20)days after the h e omp dace at d0da10n
date of filing this notice in wMwA"of an
the office of the Town Clerk. Reid
Public Hearings: October 6,2020 Town Cwk
Date of Decision: October 6,2020
Petition of: Brooks School
Attn:Paul Griffin
1160 Great Pond Road
North Andover,MA 01863
Premises Affected: 1116-1160 Great Pond Road
North Andover,MA 01845
Map 103.0,Lots 26 and 28
Referring to the above petition for Common Driveway Special Permits and from the requirements of the
North Andover Zoning Bylaw,Article 2 Definitions,Section 195 2.2 Definitions and Article 10
Administration Section 195-10.7.A[special permit-general]of chapter I95.
The Applicant seeks a Common Driveway Special Permit to allow for a shared driveway for the benefit
of both 1116 and 1160 Great Pond Road through a single curb cut located at 1116 Great Pond Road. The
Site is located in the Residential 1 (R 1)Zoning District and within the Watershed Protection District.
After a public hearing given on the above date,and upon a motion by Peter Boynton and 2"d by A.Preston to
APPROVE a common Driveway Special Permit as amended,and based upon the following conditions.The
vote was 4-0 in favor of the application.
On behalf of t1f North Andov r Planning Board
Eitan Goldberg,Chairman
Kelly Cormier
Peter Boynton
Aaron Preston
ATm COPY
lb"
M. PAUL IANNUCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
Doc: 123
1116—1160 Great Pond Road—Common Driveway Special Permit
North Andover,MA 01845
Map 103.0,Lots 26 and 28
The proposed Common Driveway is to allow access to the main campus of Brooks School and the
dwelling unit located at 1116 Great Pond Road through a single curb out at 1116 Great Pond Road.The
Applicant seeks a Common Driveway Special Permit. The Site is Iocated in the Residential l (R-1)
Zoning District and the Watershed Protection District.This Special Permit was requested by Brooks
School, 1160 Great Pond Road,North Andover,MA 01845 on September 8,2020. The Applicant
submitted a complete application,which was noticed and reviewed in accordance with Article 2
Definitions,Section 195 2.2 Definitions and Article 10 Administration Section 195-103 A[special
permit-general]of the North Andover Zoning Bylaw and MGL Chapter 40A,Section 9. The motion to
approve was subject to the FODINGS OF FACTS and SPECIAL CONDITIONS set forth in this
decision.
The Planning Board voted unanimously(by a vote of 4-0)in favor to grant a Common Driveway
Special Permit. A special permit issued by the Planning Board as 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.
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 FODINGS OF FACT:
1) The application adheres to the bylaw restriction that no more than two(2)lots be serviced by a
common drive.
2) Per Article 2,§195 2.2 each common driveway must be regulated by a recorded maintenance
agreement running in perpetuity with the land. As discussed at the August 18,2020 hearing
related to the Site Plan Review,the Applicant requests that the Board waive the requirements for
an easement and recorded maintenance agreement in as much as both lots 26 and 28 are in
common ownership by the Applicant and neither lot is intended to be sold or conveyed.
3) The common driveways are designed to minimize driveway cuts onto Great Pond Road by
consolidating two(2)existing curb-cuts on Great Pond Road into one(1)curb out.
4) Both lots are already incorporated into and used as part of the Brooks School campus and the
proposed common driveway serving both 1116 and 1160 Great Pond Road is an appropriate
location for the proposed access and is a safer location and more environmentally friendly
location for the South Entrance to campus than the exiting location.The site design for the
common driveway will not change from that previously proposed in connection with Site Plan
Review,and the pastoral nature of the campus and the proposed access compliments the
surrounding uses and provides for sufficient traffic,curb cut and circulation improvements.
5) Since the common driveway will be located in the enact same location as the existing driveway
for 1116 Great Pond Road and more dangerous(blind)driveways will be eliminated,the
proposed use of a common driveway will not adversely affect but instead will improve the
neighborhood character. Accordingly,the proposed common driveway use is well suited for its
proposed location.
6) As noted above,the common driveway accessing Great Pond Road will be located in the same
location as an existing driveway,and is located to provide for the best available sight distance on
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1116—1160 Great Pond Road—Common Driveway Special Permit
North Andover,MA 01845
Map 103.0,Lots 26 and 28
Great Pond Road,and is designed to provide the most safe and efficient access and egress to the
South portion of campus for automobile,truck and pedestrian traffic..
7) Adequate and appropriate facilities will be provided for the proper operation of the proposed
operation and use of the common driveway,including a security gate properly distanced from
Great Pond Road as well as other layout,security and design features.
8) The proposed common driveway use is in harmony with the general purpose and intent of the
Zoning Bylaw for the following reasons. First,the location of the prosed common driveway
continues to be ideally suited as an existing driveway related to an existing use,will allow for a
more dangerous existing driveways to be eliminated,provides better sight lines than the existing
South entrance at 1160 Great Pond Road and is better suited to serve as one of the main points of
access and egress to the Site. Further,the proposed common driveway,as shown on the Plan,
complies with the Zoning Bylaw.
9) The common driveway area on 1116 Great Pond Road,along with associated improvements,
were reviewed by the Town's peer review consultants in connection with a Planning Board
approved Site Plan Review Special Permit and Watershed Special Permit granted on September
15,2020- Accordingly,the Applicant incorporates by reference,all of the materials filed with the
Planning Board in the March 5,2020 applications with respect to the Site by the Applicant,as
amended,as well as all supplemental materials filed by the Applicant,the Town,including peer
review,and all other materials maintained in the public record,into this application.
PERMIT DEFINITIONS
10)The"Locus"or"Site"refers to the approximately 90.3 acres of land on a portion of Assessors
Map 103,Parcels 26&28,also known as 1116& 1160 Great Pond Road,North Andover,
Massachusetts.
11)The "Plans" refer to the plans prepared by Whitman & Bingham Associates, A.T. Leonard &
Associates and Architectural Resources Cambridge entitled "Campus Improvements: South
Entrance,Admission Arrival,Main Street,Admission Building",dated May 5,2020 and revised to
September 1,2020.
I2)The"Project"refers to the phased redevelopment and reconstruction of certain existing
developed areas of the Site,including relocation of the South Entrance,removal and
reconstruction of buildings,access ways and landscape areas,improvements and
installation of new drainage improvements and associated landscaping.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 and Non-
Discharge Zones.The Project is located in the Residential l (R 1)Zone.
13)The"Applicant"refers to Brooks School, 1160 Great pond Road,North Andover,MA 01845,
and the Applicant for the Common Driveway Special Permit.
14) 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.
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1116—1160 Great Pond Road—Common Driveway Special Permit
North Andover,MA 01845
Map 103.0,Lots 26 and 28
SPECIAL CONDITIONS
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the
following Special Conditions:
15)In the event that the Project Owner of Map 103 Lot 26 and/or Lot 28 were ever to be transferred
or segregated in the firture an easement and maintenance agreement shall be approved by the
Planning Board and recorded.
16)Any changes made to these plans must be approved by the Town Planner. Any changes deemed
substantial by the Town Planner would require a public hearing and a modification by the
Planning Board.
17)All special permits granted under sections 195,Article 4,Part 5,Article 8,Part 3,Article 2
Section 195-2.2,and Article 10 195-10.7 ofthe Town of North Andover Bylaw for 1116 and
1160 Great Pond Road,Map 103 Lot 26 and 28 shall also be considered as part of this Decision.
PRIOR TO ANY SITE WORK AND CONSTRUCTION
18)The location of the driveway must be marked in the field and reviewed by the Planning Director.
19)All erosion control devices must be in place as shown on the plan.
20)The decision of the Planning Board must be recorded at the North Essex Registry of Deeds and
two(2)certified copies of the recorded decision must be submitted to the Planning Department.
21)A construction schedule must be provided to the Planning Department.
PRIOR TO A BUII.DING PERMIT
22)This Site shall have received all necessary permits and approvals from the North Andover Board
of Health,Conservation Commission and the Department of Public Works.
GENERAL CONDITIONS
23)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
24)Gas,telephone,cable,and electric utilities shall be installed as specified by the respective utility
companies.
25)The hours for construction shall be limited to between 7:00 am.and 5:00 p.m.Monday through
Friday and between 8:00 a.m.and 5:00 p.m.on Saturday.
26)No open burning shall be done except as is permitted during the burning season under the Fire
Department regulations.
27)No underground fuel storage shall be installed except as may be allowed by Town Regulations.
28)The provisions of this conditional approval shall apply to and are binding upon the Applicant,its
employees,and all successors and assigns in interest or control.
29)Any revisions shall be submitted to the Planning Director for review.If these revisions are
deemed substantial,the developer must submit revised plans to the Planning Board for approval
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1116—1160 Great Pond Road—Common Driveway Special Permit
North Andover,MA 01845
Map 103.0,Lots 26 and 28
using the process outlined in Section 195-8.17(Revision to Approved Site Plan)of the Zoning
Bylaw.
30)Pursuant to the North Andover Zoning Bylaw Section 195-10.7(3)the Common Driveway
Special Permit shall be deemed to have lapsed after October 6,2022(two years from the date the
permit is 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 as determined by the Planning Board.
31)The following shall be deemed part of this decision:
Plan titled: Campus Improvements:South Entrance,Admission Arrival,Main Street,Admission
Building
Prepared for: Brooks School
1160 Great Pond Road
North Andover,MA 01845
Prepared by: Whitman&Bingham Associates,A.T.Leonard&Associates and Architectural 510
510 Mechanic Street
Leominster,MA 01453
Scale: 1"-40'
Date: March 5,2020,Revised to September 1,2020
Stormwater Management Report
Prepared for. Brooks School,1160 Great Pond Road
Prepared by: Whitman&Bingham Associates,LLC
Dated: March 5,2020,Revised to August 5,2020
Operation&Maintenance Plan
Prepared for: Brooks School, 1160 Great pond Road
Prepared by: Whitman&Bingham Associates,LLC
Dated: March 5,2020,Revised to August 5,2020
Stormwater Analysis
Prepared for: Brooks School, 1160 Great Pond Road
Prepared by: Whitman&Bingham Associates,LLC
Dated: March 5,2020,Revised to August 5,2020
cc:
Applicant
Abutters
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