HomeMy WebLinkAbout2020-09-15 Recorded Decision Watershed Special Permit So. Entrance Relocation Doc: 123 ,731 12-21-2020 1: 02
Ctf#: 1775�
Town of North Andover
Office of the Planning Department
�. Community Development and Services Divisi� .;
120 Main Street
North Andover,Massachusetts 01845
NOTICE OF DECISION
WATERSHED SPECIAL PERMIT
Any appeal shall be filed This is to ON*that twenty(20)days
within(20)days after the hm elapsed frarn date of decision
date of filing this notice in
EDatele
the office of the Town Clerk
L.Reid
Town Clock
Date: September 15,2020
Date of Public Hearing: April 16,2020,
August 18,2020,September 1,2020,and
September 15,2020
Date:of Decision: September 15,2020
Petition of Brooks School
1160 Great Pond Road
North Andover,MA 01845
Premises Affected: Brooks School
1160/1116 Great Pond Road
North Andover,MA 01845
Map 103,Lots.26&28
Referring to the above petition for Review of a Watershed Special Permit,according to the requirements of the
North Andover Zoning Bylaw,Article 4;Part 5 and Article 10 Section 195-10.7 and MGL C.40A,Sec.9
So as to authorize the phased redevelopment and reconstruction of certain existing developed areas of the Site,
including relocation ofthe South Entrance,removal and:reconst action ofbuildings,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 1(R 1)Zone.
After a public hearing given on the above date,and upon a motion by J.Simons and a 211d by K.Cormier,
to APPROVE, as amended,a Watershed Special Permit with the following conditions imposed on the
Project by a vote of 5-0,unanimous in favor or the application.
On behalf fftlie North And ver Planning Board
Eitan Goldberg,Chairman
John Simons
ATriam Aaron Preston
AT= Peter Boynton
�X�4 Kelly Cormier
Towa cwk
M. PAUL IANNUCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
E-RECORDED
Brooks School Doc: 123
1160& 1116 Great Pond Road
'Map 103,Lots 26&28
Watershed Special Permit
The Public Hearing on the above referenced application was opened on April 14,2020 and closed by the North
Andover Planning Board on September 15,2020.A Site visit was conducted on August 21,2020.
On September 15,2020,upon a motion made by J Simons and a second by K Cormier to APPROVE,
as amended, a Watershed Special Permit to authorize 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 1 (R 1)Zone. This Special Permit was
requested by Brooks School, 1160 Great Pond Road,North Andover, MA 01845 on March 5, 2020. The
Applicant submitted a complete application,which was noticed and reviewed in accordance with Article 4,
Part 5 and Article 10, Section 10.7 of the North Andover Zoning Bylaw and MGL Chapter 40A, Section 9.
The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDMONS set
forth in this decision.
The Planning Board vote was 5-0,unanimous in favor. 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.
The Planning Board makes the fading that the intern of the Bylaw,as well as its specific criteria are met. This
decision specifically stated by the Planning Board makes the following FINDINGS OF FACT:
1) The Project is located within an extremely environmental sensitive area and in close proximity to Lake
Cochichewick, the Town's sole drinking water supply, however, the final design includes the
implementation of Best Management Practices that reflect extensive discussions between the Town,
the Town's stormwater peer review consultant, and Applicant to ensure the continued protection of
Lake Cochichewick and the safety and welfare of the residents of North Andover.
2) The majority of the proposed work is within the General Zone with a small portion of reconstruction of
walks,parking and landscaping on the outer edge of the Non-Discharge and Non-Discharge Zones.The
Project is located in the Residential 1 (R 1)Zone.
3) The Project has been reviewed by the Town's Stormwater Review consultant,Horsley Witten,and with
the application oferosion control measures and modifications to the drainage and stormwater management
designs,the consultant concluded that there will not be significant degradation to the quality or quantity of
water in or entering Lake Cochichewick. The Site drainage system and stormwater management design
are designed in accordance with the Town Bylaw requirements and Best Engineering and Management
Practices. (See correspondence from Horsley Witten dated April 3,2020,August 31,2020 and email Sept.
1,2020).
4) The removal and relocation of the south entrance increases the hydraulic separation of impervious surface
to the Lake.The Project results in a net reduction in impervious surface allowing for more potential of
stormwater infiltration. The project areas are greater than 800-ft from the Lake and include water quality
improvement practices to treat new and existing impervious surfaces.The Project engineer has certified
that these design components will protect Lake Cochichewick from any significant degradation of the
quality and quantity of water in or entering the Lake,due to this project.
Brooks School Doc: 123
1160& 1116 Great Pond Road
Map 103,Lots 26&28
Watershed Special Permit
5) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-five,
non-organic pesticides and herbicides use are prohibited,and the use of coal tar-based pavement sealants
is prohibited.In addition to the Covenant that was previously recorded in 2004,the Applicant incorporated
this condition as a deed restriction and a copy of the recorded deed has been submitted to the Planning
Department and included in the file.
6) The Project has been satisfactorily reviewed by the Police Department(confirming email Lt.Lam dated
Aug.27,2020),the Fire Department(confirming email Lt.Michael Beirne dated Aug.25,2020),DPW
(T.Willett confirming email March 12,2020).
7) The Applicant has filed a Notice of Intent with the Conservation Commission.
8) Overall traffic patterns are maintained and,in areas,improved within the Site and at the southern entrance
(with improved sight lines,consolidation of curb cuts and alignment with other driveways).
9) Pedestrian patterns are maintained and,in areas,substantially improved within the Site.
10)The specific Site is an appropriate location for the proposed use and structure as the proposed use is
allowed and consistent with the current use. The Site design compliments the surrounding use and
provides for sufficient traffic and circulation improvements.
11) Because of the unique characteristics of the Site the use as developed will not adversely affect the
neighborhood.The Project provides appropriate building,landscaping and screening sat back from
the adjacent residential properties. The character of the architectural style of the proposed building
addition will complement the architectural style of the existing buildings and surrounding campus.
Accordingly,the proposed uses are well suited for its proposed location.
12) 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.
13) The Project is adequately and appropriately serviced by municipal water,municipal sewer and other
utilities that adequately address the need of the Project.
14) There is no reasonable alternative location outside the General,Non-Disturbance,and the Non-Discharge
Zones for any discharge,structure or activity.
The Planning Board also makes a specific finding that the use is in harmony with the general purpose and
intent of the North Andover Zoning Bylaw.Upon reaching the above findings,the Planning Board approves
this Special Permit based upon the following SPECULL CONDMONS:
15) Permit Definitions:
a} The"Locus"or"Site"refers to the approximately 80.3 acres of land on a portion of
Assessors Map 103,Parcels 26&28,also known as 1116&1160 Great Pond Road,North
Andover,Massachusetts.
b) 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.
Brooks School Doc: 123
1160& 1116 Great Pond Road
Map 103,Lots 26&28
Watershed Special Permit
c) 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 1(R-1)Zone.
d) The"Applicant"refers to Brooks Sch001, 1160 Great Pond Road,North Andover,MA 01845,
the Applicant for the Watershed District Special Permit.
e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the
Locus from time to time,which can include but is not limited to the Applicant,developer,and
owner
16) Throughout all lands,tree cutting shall be kept to a minimum in order to minimize erosion and preserve
the natural features of the Site.
17) The Planting Plan shall include all native species.
18) The Planning Director shall approve any changes made to these Plans. Any changes deemed substantial
by the Planning Director would require a Public Hearing and Modification by the Planing Board.
PRIOR TO LAND DISTURBANCE and/or ISSUANCE OF A BU LDING PERMIT
19) A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of North
Andover must be posted to insure that the construction,erosion control,measures,and performance of
any other condition contained herein will take place in accordance with the plans and the conditions of
this decision and to ensure that the as-built plans will be submitted.
20) Two (2) copies of the signed, recorded decision and Plans must be delivered to the Planning
Department.
21) The Applicant shall provide a signed version ofthe Illicit Discharge Statement two weeks prior to the
beginning of any land disturbance.
22) The Applicant will provide copies of all Decisions,Notification,and Orders of Conditions from the
North Andover Conservation Commission.
23) The Applicant shall apply for and gain approval of a Common Driveway Special Permit from the
Special Permit Granting Authority.Said Special Permit shall be recorded at the North Essex Registry
of Deeds and a copy of which shall be filed with the Planning Department.
24) In consultation with the Planning Director,the Applicant shall designate an independent environmental
monitor. The monitor shall read, sign, and return to the Town Planner the Letter of Agreement for
Independent Monitors.Upon the start of site work the monitor shall make weekly inspections of the
Project(any suspension in monitoring due to inactivity on the Site shall be pre-approved by the Town
Planner),provide monthly reports to the Planning Department,and detail any areas of non-compliance
and corrective actions.The monitor will also provide reports following heavy rain events.The monitor
must also be available upon notice to inspect the Site accompanying a Planning Department designated
official.
25) 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.
Brooks School Doc: 123
1160& 1116 Great Pond Road
Map 103,Lots 26&.28
Watershed Special Permit
26) All erosion control measures as shown on the plan must be in place and reviewed by the Planning Director.
27) A pre-construction meeting mmg be held with the developer,their construction employees,Planning
Department and other applicable departments,to discuss scheduling of inspections to be conducted on
the project and the construction schedule.
DURING CONSTRUCTION
28) Any stockpiling of materials{dirt,wood,paver material,etc.)must be shown on a Plan and reviewed and
approved by the Planning Staff. Any approved piles must remain covered at all times and fenced off to
minimize any dust problems that may occur with adjacent properties.It shall be the responsibility of the
developer to assure that no erosion from the construction Site shall occur which will cause deposition of
soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site
construction.
29) It shall be the responsibility of the Project Owner to assure that no erosion from the constuction 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 fording that the project is not in compliance with the plan;provided,however,
that the Planning Board shall give the developer written notice of any such finding and three(3)days to
cure said condition.
30) 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.
PRIOR TO CERTIFICATE OF OCCUPANCY
31) The Applicant must submit a letter from the architect and engineer of the Project stating that the building,
landscaping,lighting and Site layout substantially comply with the plans referenced at the end of this
decision as endorsed by the Planning Board.The Applicant must also submit a letter from a professional
engineer certifying that there are no illicit connections to the storm drainage system.
PRIOR TO RELEASE OF THE PERFORMANCE BOND
32) A final as-built plan showing the final location of all on-site structures,curb cuts,parking spaces and
drainage facilities,including invert elevations of all stormwater structures,must be submitted to the
Planning Department.The as-built must be provided in paper form as well as in SDF(Standard
Digital File)format.The Applicant must also submit a letter from the architect and engineer of the
project stating that the building,landscaping substantially comply with the plans referenced at the end
of this decision as endorsed by the Planning Board.
33) The Planning Board must by a majority vote make a finding that the Site is in conformance with the
approved plan.
GENERAL CONDITIONS
34) 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.
33) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
34) All Gas,Telephone,Cable and Electric utilities to serve this Project shall be installed underground as
specified by the respective utility companies, except for so called "green utility boxes" as may be
required by the utility companies.
Brooks School Doc: 123
1160& 1116 Great Pond Road
Map 103,Lots 26&28
Watershed Special Permit
35) The hours for construction shall be limited to between 7:00 a.m.and 5:00 p.m.Monday through Friday
and between 8:00 a.m.and 5:00 p.m.on Saturday.
36) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
37) The owner shall apply to the Board of Health for the appropriate dumpster permit,if needed.
38) The provisions of this conditional approval shall apply to and be binding upon the Applicant, its
employees and all successors and assigns in interest or control.
39) 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.
42) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as 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