HomeMy WebLinkAboutNotice of Decision - - Doc: 130 , 805 11-27-2024 12 : 52
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�T 6: �• Town of North Andover
Office of the Planning Department
Community Development and Services Division y '
12o Main Street
North Andover,Massachusetts 01845
NOTICE OF DECISION
LEMTED SITE PLAN REVIEW
Date: November 26a 2024
Date of Dearing: October 15, 2024,November
12, 2024,November?6,2024
Date of Decision: November'-)6,2024
Petition of: Merrimack College,
315 Turnpike Street
North Andover,IVIA 01845
Premises Affected: 315 Turnpike Street,North Andover IAA.,01845
A..ss sQ as Map ) Lot I3
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CA, 10�C4,k 0
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Referring to the above application for a Limited Site Plan Review Article 8 Supplementary Regulations,
Part 3 Site Plan Review and Article 10 Administration 195-14.7 of the North Andover,honing Bylaw.
Applicant proposes Construction of a 19,205 gross square-foot building situated along Aherne Road. The
building wi.11 be composed of academic program space to serve as a Lecture Hall for College use. The
P rgJi ec t includes path-va)fs to improve pedestrian circulation t h-rou gh out campus, utility infTastr ucture,a
stormwater management plan and associated landscaping. The Site is located 'in the Residential 3 zoning
district.
After a public hearing given on the above dates and upon a motion by S. KeArlahan and 2nd by J. Simons to
APPROVE the Limited Site Plan Revie subject to the following conditions. Vote was (5-0) in favor of the
application.
f r
Jean Enright
On behalf of the North Andover Planning Board
Bitan Coldbera, Chairman
Sean Kevl ah an
Peter Boynton
John Simons
jk-&roc Copy
Chris Koskore s
M. PAUL IANNUCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
E-RECORDED
Doc: 130 , 805 11-27-2024 12 : 52 Page 2 of 9
315 Turnpike Street
Limited Site Plan Review
Construction of a Lecture Hall
November?6,22024
The Planning Board herein APPROVES the Limited Site Plan Review decision to allow for the
construction of a 19,2 0 5 gross square-foot building situated along Aherne Road. The building will be
composed of academic program space to serve as a Lecture Fall for College ese. The Project includes
pathways to improve pedestrian circulation throughout campus,utility infrastructure,,a stormwa,ter
management plan and associated landscaping. The Site is located in the Residential 3 zoning district. The
Project is located at 315 Turnpike Street,North Andover,Massachusetts, 01845,Assessor's Map 25 Lot
13. This Limited Site Plan Review was requested by the Merrimack College, 315 Turnpike Street,North
Andover,MA 01845. The application was filed by the.Applicant with the Planning Board on September
1..22 2024. The Applicant submitted a complete application,which was noticed and reviewed in
accordance with the requirements of the Forth Andover Zoning Bylaw,Article 8 Supplementary
Regulations,Part 3 Site Plan Review,Article 10 Administration Section 195-10.7 and MGL Ch. 40A,Sec 9.
The public hearing on the above referenced application was opened an October 15,2024 and closed on
November 265 2024.
The Planning Board voted unanimously(by a vote of 5-0)to grant the Limited Site Flan Review
decision,
This decision specifically stated by the Planning Board makes the following FM INGS of FACT:
FINDINGS OF FACT
1) The Project is considered an educational use, and is subject to MGL Chapter 40A Section 3,
otherwise known as tho'`Dover Amendment''(see letter dated September 9,2024 from Paul
Hutchins,Building Commissioner,to Attorney Mark B. Johnson,Johnson&Borenstein,
LLC). As such,the Planning Board's authority is limited to reasonable consideration of
structure bulk,height,yard sizes, lot area, setbacks, open space,parking and building
coverage.
2) The specific Site is an aDDropriate location for such a use structure or condition.
The specific Site is an appropriate location for the Project as it is located in the Residential 3
zoning district and conforms with both use and dimensional requirements of this district.
3 The use as developed will not adversely affect the neighborhood character.
Building and development will be consistent with surrounding buildings. The Project
provides appropriate building, landscaping, and screening from adjacent properties.
4) There will be no nuisance or serious hazard to vehicles or pedestrians._
The Applicant has demonstrated consideration for Site safety pedestrians,edestriansa service vehicle
movement, delivery vehicle routes, emergency response access and handicap access.
5) Ado uate and appropriate facilities will be-provided for the proper operation of the proposed
use.
The Project is adequately serviced by necessary facilities and utilities to address the needs of
the Project.
6) The use is in harmony with the oreneral pumose and intent of this Zoning Bylaw.
The Project allows for the use of existing access, adequate fire/safety access,and causes no
b arm to any resource areas.
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315 Turnpike Street
Limited Site Plan Review
Construction of a Lec=e Hall
November 26,2024
7) The Site lies outside of any wetland Resource Areas and their associated buffer zones.
8) The Site falls entirely within the Town of North Andover municipal boundary and lies within
the surface watershed of the Shawsheen River. The Site is tributary to the Elm Street
Detention Basin and falls within the extents of the Merrimack College Stormwater
Management Plan(DEP File 4090-0750) as administered by the Andover Conservation
Commission.
9) The Project includes the reconfiguration of existing head-in parking along Aherne Road to
provide accessible spaces for the proposed building and Sullivan Hall.
10) The Project will require a National Pollutant Discharge Elimination System QQDES)
Construction General Permit(CGP)to be filed with and obtained from the United States
Environmental Protection Agency.
11) Stormwater Management: The stormwater management system is comprised of a series of
catch basins to direct stormwater runoff to a subsurface infiltration system and subsequently
to existing stormwater basins currently managing stormwater runoff from the college campus
and incorporated in the college master plan. A.portion of the runoff from the Lecture Mall
Site is directed to a water quality unit prior to entering the subsurface infiltration system.
The Project is considered new development. The Project complies with Town Bylaw
requirements and Best Management Engineering and Practices,the most recent version of the
MA DEP Stormwater Handbook, and has been reviewed by the Town"s outside consulting
engineer, Parsley Witten. There were extensive discussions between the Town's outside
consultant engineer and the Project engineer related to the overall design and Stormwater
Management System Stormwater Management System Operations and Maintenance Manual
(See-correspondence from Horsley Witten dated October?8,2024,November 7,2024 and
November 1.5, 2024 and response correspondence from VBB dated October 30, 2024 and
November 13, 2024).
12) A signed Illicit Discharge Statement is included in the Stormwater Management Report dated
September 12,.2024 (Appendix F).
13) All exterior lighting on the Site (parking areas and building) is to be arranged so as to prevent
spillover or glare onto adjacent properties.
14) The application was reviewed by Town staff`as evidenced by email communications from
Tiny Willett, DPW Operation, dated September 18,?02.4,Amy Maxner, Conservation
Administrator, dated September 12, 2024,Lt. Bob Kilcoyne,Fire Prevention Officer, dated
October 17, 2024, and Brian LaGrasse,Health Director, dated September 12,2024.
F "WGS OF FACTS and DETERMINATIONS UNDER LUMTED SITE PLAN REVIEW
The purpose of Limited Site Plan Review is to ensure that all religious and education uses, and all child
care facilities are reasonably regulated in regards to bulk and height or structures and detexxninzn yard
sizes, lot area setbacks, open space,paring and building coverage requirements.The Planning Board has
the authority to place reasonable conditions on the aforementioned issues but are not permitted to
3
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31 5 Turnpike Street
Limited Site Plan Review
Construction of a Lecture.Hall
November 26,20024
withhold approval of Limited Site Plan Review where there is an inability to satisfy proposed reasonable
regulations.
In reviewing the Limited Site Plan Review application for religious uses, educational uses and child care
facilities,the following issues shall be considered:
a) Relationship of the bulk of structures and adequacy of open spaces to the natural
landscape, existing buildings and other community assets in the area and compliance
with other requirements of this Bylaw, which includes,but is not limited to, building
coverage requirements,yard sizes, lot areas and setbacks;
The Board finds that the size, bulk and height of the proposed building is consistent
with the surrounding existing buildings on the campus. The building footprints occupy
19,2.05 square feet within the limit of work, %vhile the non-building footprint area
occupies approximately 24,356 square feet. The non--building footprint area as a
percentage of limit of work represents 56°10 of open space_
b) Physical layout of the plan as it relates to convenience and safety of vehicular and
pedestrian movement v�pithin the site,the location of driveway openings in relation to
traffic or to adjacent streets and, when necessary, compliance with other regulations for
the handicapped,minors and the elderly;
The Project utilizes the existing access/egress drive and is situated aloD.g Aherne Road
and Medina Drive. The Project includes reconfiguration of the existing paved path that
runs alongside Sullivan Hall to a multi-use path for pedestrian use and maintenance
access. Head-in parking along Aherne Road i s being adapted to provide accessible
parking and a direct accessible route to the proposed b uil ding entrance. The Pro*ect
also creates pedestrian connectivity throughout the Site, establishing accessible routes
from the building to the parking lot and to the pathways in the Quad and in front of
Sullivan Hall.
c) Adequacy of the arrangement of parking and loading spaces in relation to the proposed
uses of the premises;
Dead-in parking along Aherne Road is being adapted to provide accessible parking and
a direct accessible route to the proposed building entrance.
d} physical lighting of the site, especially the adequacy o#'the method of exterior lighting
for convenienceC2
, safety and security within the site and for protection of neighboring
properties, roadways and the night slay;
The PrgJect includes new high-efficiency Iighting on Site consistent with the Merrimack
College campus standard themes,to ensure adequate lighting is provided for pedestrian
safety on the pedestrian areas on Site. The proposed Iighting will minimize spill and
glare onto adjacent areas.
e) Protection of adjoining premises against seriously detrimental uses by provision for
4
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315 Tumpike Street
Limited Site Plan Review
Construction of a Lecture Hall
November 26,2024
surface water drainage;
The Project incorporates compliant stormwater drainage measures to protect adjoining
premises. The sto rmw ater management system is described in Finding of Fact�#11.
f) Adequacy of the methods of disposal of refuse and other wastes resulting from the uses
permitted on the site;
The Project does not include new durnpsters. The intent is for trash to be put in.bins
and brought to other campus locations.
g} Adequacy o f fire prate cti on aria.easures, and;
Emergency access is provided for the new buildings in conformance with NFPA
Section IS as shown on Exhibit D 1 Emergency Access Figure dated September 12,
2024. Fire access lanes with minimum unobstructed widths of 2 0-ft. are comprised of
the surrounding roadways of Aherne Road, Medina]rive, and Flaherty Road. Dire
access is provided-vvithin at least 250-ft of all portions of the fully-sprinkled building,
and within 50-ft of at least one door-of the building.
h) Incorporation of sustainability and resiliency principles into the site design that results
in a plan that is responsive to the environment and actively contributes to the
development of a more sustainable community.
The Project will meet the near Stretch Energy Code Requirements. The building ill be
solar(PV)ready and have law flow plumbing fixtures.Energy efficient LED lighting
on site will meet dark-sky lighting requirements, minimizing light pollution. The
proposed use of native plantings reduces the need for fertilisers and irrigation on site.
Where needed,water efficient drip irrigation will be used on site. The Project will be
incorporated rnto the existing on-and off campus shuttle program providing an
alternative to single vehicle transit.
ZD
This Limited Site Plan Review decision was issued subject to the following conditions:
SPECL4.L CONDITIONS:
15) For the purposes of the decision, the Planning Board approves the following Perron
Definitions
a) The"Locus"'or"Site"refers to approximately 1.2 5-ac re portion of the parcel of land
with land fronting on Andover/Elm Street shown on Assessor's Map 25 Lot 13 and
known as 315 Turnpike Street,North Andover, Massachusetts.
b) The'cPlans"refer to the Plans prepared by VHB, 260 Arsenal Pl 92, Watertown INIA
02471 entitled "Merrimack College Lecture Hal?) dated September 12, 2024 and
reprised to October 30, 20'?4 consisting of sheets Cover Sheet, C 1.0-05.0, C6,1-C6.3,
L 1,L,2, and Sir-I.
c} The"Project"refers to the proposed construction of a 19.205 gross square-foot
building situated along Aherne road. The building Will be composed of academic
program space to serve as a Lecture Hall for College use. The Project includes
pathways to improve pedestrian circulation throughout, campus, utility infrastructure,
a stormwater management plan and associated landscaping. The Site is i ocate d in the
5
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315 Turnpike Street
Limited Site Plan Review
Construction of a Lecture Hall
November 26,2024
Residential 3 zoning district.
d) The "Applicant" refers to Merrimack College in this Limited Site Plan Review
decision, and its successors and assigns.
e) The "Project Own e r" 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) Ali stormwater management best practices shall be maintained as specified in the approved
Stormwater Management System Operation and Maintenance Manual, dated September 12,
-024, revised to November 13,2024.
17) The Applicant shall provide the P 1 ann i n g Department with a copy of the carnpus-avid e
Operations and Management plan that is submitted to the Andover Conservation Commission
as part of the Order of Conditions review.
18) Per Lt. Kilcoyne,the building is required to have an Emergency Radio Responder Ccverage
test to ensure coverage for the North Andover Police and Fire department communication
systems.
19) Except as may be provided for in these conditions all Construction activities shall be in
conformance with these conditions and the approved plans referenced in condition-947.
PRIOR TO ISSUAINCE of SITE WORK,BUILDING PERMIT,OR CONSTRUCTION
20) If applicable,the Applicant will provide copies of all Decisions,Notification, and Orders of
Conditions from the North Andover Conservation Commission.
1) Two(2)copies of the signed,recorded decision and with endorsed plans attached must be
delivered to the Planning Departrnent.
2 2) The Applicant shall provide the Planning Department a copy of the Andover Conservation
C ommi s slon's final approval of the stormwater management design.
23) 1n consultation with the Director of Planning; the Applicant shall contract with VED as a
Construction Monitor. The monitor shall read, sign, and return to the Planning Director the
Letter of Agreement.ement. TheConstruction Monitor must be available upon four(4)hours' notice
to inspect the site with the Planning Board designated official. The rnon.itor shall male at least
twice monthly inspections of the Project during active site work phases, provide monthly
reports to the Planning Department through out the duration of the Project, and detail any areas
of non--compliance and corrective actions, The monitor will also provide reports following
heavy rain events. In the event that construction shall cease the Applicant shall notify the
Planning Department and reporting shall not be required until the Applicant notifies the
Planning Department that construction has commtl xnced. Additionally,the monitor shall assist
Town Staff ire overseeing the implementation and updating of the SWPP throughout the
development process.
24) At least 14 days prior to the start of land disturbing activities, the Applicant shall provide to
the Nanning Department a copy of its Stormwater Pollution Prevention Plan (SWPP)
prepared in consultation with the Applicants' site contractor(s) and Project engineers. The
S wPP P shall be prepared in accordance with the U.S Environmental Protection Agency's
Storrnwater Construction General Permit (USEPA, 2017), as amended, and related guidance
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315 Turnpike Street
Li-mited Site Plan Review
Construction of a Lecture Hail
November 26,2024
document entitled "Developing Your Stormwater Pollution Prevention Plan; A. Guide for
Construction Operators."
25) A, copy of all local, state and federal permits required for the Project shall be submitted to the
Planning Department.
26) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking
the construction and informing the public of anticipated activities.
27) A,bond in the amount of forty thousand dollars (S40,000.00) shall be posted for the purpose
of insuring that the Site is constructed in accordance with the approved plan and that a final
as-built plan is provided, showing the location of all on-site structures(Site utilities,
structures, curb cuts,parking spaces and drainage facilities, including invert elevations of all
stormwater structures). This bond shall be in a form acceptable by statute.
28} Construction traffic associated with this Limited Site Plan Review decision shall be regulated
by the Building Commissioner. Prior to commencing hauling operations,a hauling route
shall have been reviewed and approved by the Building Commissioner. Construction trucks
shall be defined as large trucks hauling earth moving equipment, dump trucks,trucks hauling
building materials, and cement trucks.
? } All erosion control measures as shown on the Plan must be in place and reviewed by the
Planning Director.
3 0) A pre-construction meeting must be held with the developer,their general contractor, Planning
Department(and other applicable departments)to discuss scheduling of inspections to be
conducted on the Project,reviewing these conditions,and the construction schedule.
DURING CONSTRUCTION
31) Dust mitigation must be performed weekly,or more frequently as directed by the Planning
Director,throughout the construction process. The Site must be kept clean and swept regularly.
�' P d y
'2) Any stockpiling of materials(dirt,wood,construction material,etc.)must be shown on a Plan
and reviewed and approved by the Planning Department staff. Any approved piles must remain
covered at all times and fenced off to minimize any dust problems that may occur with adjacent
properties.
33) 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. Off-site erosion will be a basis for
the Plarmiung 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 seven days to cure said condition.
PRIOR TO.A CERTI[FIC iTE OF OCCUPANCY
34) The Applicant must subunit a letter from the Project engineer stating that the building
landscaping,
b�
1 fighting and Site I ayout substantially comp ly with the Plans other than punch list
items which completiori is secured by the bond referenced at the end of this decision as
endorsed by the Planning Board and that the stormwater management structures are
functioning as designed.
7
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31 i Turnpike Street
Limited Site Plan Review
Construction of a Lecture Hall
November 26,2024
35) All stormwater structures shall be cleaned, in accordance with the approved Stormwater
Management System Operations and Maintenance Manual.
3 6) The Planning Staff will review the Site. Any screening as may be reasonably required as
determined by the PlaTming Director will be added at the Project Owner's expense.
PRIOR TO THE RELEASE DE THE PERFORMANCE BOND
37) The Applicant shall submit an as-built plan stamped by a.Registered Professional Land
Surveyor in Massachusetts that shows all construction, including stormwater structures and
other pertinent Site features. This as-built plan shall be submitted to the Town Planner for
approval and must be provided in paper form as well as in SDF(Standard Digital File)
format.
3 S) The Planning Board must by a majority vote make a finding that the Site is in conformance with
the approved playa.
GENERAL CONDITIONS
39) Any plants,tree, shrubs, or fencing that have been incorporated into the Plans approved in this
Notice of Decision that die. or fall into disrepair must be replaced by the Project Owner in
perp etuity.
40) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
41) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
42) The hours for exterior construction shall be limited to between 7:00 a.m.and.,00 p.m.Monday
througZD
h Friday, and between 8.00 a.m. and 5:0 0 p.m. on Saturday.
43) No open burning shall be done except as is permitted during burning season wader the Fire
Department regulations.
44) 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.
45) Any action by a Town,Board, Commission, or Department, which requires changes in the
Plans or design of the building, as presented to the Plann*ng Board,may be subiect to
modification by the Planning Board.
46) Other than normal field changes,the Planning Director shall approve any changes made to
these plans. Any changes deemed substantial by the Town Planner would require a public
meeting to review the modification to the Lim ited Site Plan Review decision by the Planning
Board in accordance with Ch. 195-8.17 of the Zoning Bylaw.
47) The following information shall be deemed part of the decision:
Plan titled: Merrimack College Lecture Hall
Prepared for: Merrimack College
315 Turnpike Street
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315 Turnpike Street
Limited Site Plan Review
Construction of a Lecture Hall
November 26,?024
North Andover, MA. 01845
Sheets: Cover page, C 1.O-05.0, C6.I--C6.3,LI, L211, Sv-1
Prepared by: VHB
60 Arsenal PI#2
Watertown,MA 02471
Date: September 12,2024,revised to October 3 0,2024
Stormwater Management Report
Prepared for: Merrimack College
Prepared by: V B
260 Arsenal Street 92
Watertown,MA 02471
Date September 12,2024,revised to November 13,2024
Stormwater Management System Operations&Maintenance Manual
Prepared by: vED
260 Arsenal Street#2
Watertown, MA 02 471
Date: September 12,2024}revised to November 13,2024
oo:
Applicant
Enbineer
Ab'xtters
Owner