HomeMy WebLinkAboutBROOKS SCHOOL L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands DEP File Number.
1 WPA Form 7 — Extension Permit for Orders of Conditions Prova ed by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: 1. Applicant:
When filling out Brooks School
forms on the name
computer, use
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
2. Property Owner(if different):
Brooks School
Name
1160 Great Pond Road
Mailing Address
North Andover MA 01845
City/Town State Zip Code
B. Finding Information
The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on:
Order of Conditions was issued 5/17/01 Extension issued to 5/17/05
Date
for work at:
1160 Great Pond Road Map 90C, 103 Parcel 25, 28
Street Address Assessors Map/Plat Number Parcel/Lot Number
recorded at the Registry of Deeds for:
Essex North 530 290
County Book Page
Certificate(if registered land)
is hereby extended until:
5/17/05
Date
This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest
extension. Only unexpired Orders of Conditions or Extension may be extended.
Date the Order was last extended (if applicable):
None
Date
Issued by:
North Andover
Conservation Commission
wpaformZdoc•rev.12/15/00 Page 1 of 3
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 7 -- Extension Permit for Orders of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Finding Information (cont.)
This Order of Conditions Extension mu be signed by a majority of the Conserv ' mmission and a
copy sent to the applicant and the appy riate DEP Regional Office (see A ndix A).
Signat res: >'
On Of 09� eo
Day Month and Year
before me per onally appeared
L' ;�/IG -
to me known to be the person described in and who executed the foregoing instrument and acknowledged
that he/she executed the same as his/her free act and deed.
Notary Public My ComrAssiqK Expires
C. Recording Confirmation
The applicant shall record this document in accordance with General Condition 8 of the Order of
Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the
Registry of Deeds, and return it to the Conservation Commission.
Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of
work, to record the final Order(or in this case,the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is done.
Detach page 3 of form 7 and submit it to the Conservation Commission prior to the expiration of the
Order of Conditions subject to this Extension Permit.
wpaform7.doc•rev.12/15/00 Page 2 of 3
• Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
WPA Form 7 — Extension Permit for Orders of Conditions 11
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Recording Confirmation (cont.)
To:
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
Project Location DEP File Number
has been recorded at the Registry of Deed of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property in accordance with General Condition 8 of
the original Order of Conditions on:
Date Book Page
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land,the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform7.doc•rev.12/15/00 - Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix A - 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
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 Sernardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Chademont 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 Chariton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester, MA 01605 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancater 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 Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provinoetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynharn Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville, MA 02347 Avon Duxbury Halifax NewBedford 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
205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hui) Middleton Reading Waltham
Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown
Phone: 978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 978 661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:978-661-7679 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 Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsheld
wpaform7.doc•Appendix A•rev.9/19/01 Page 1 of 1
Massachusetts Department of Environmental Protection DEP Filo Number
Bureau of Resource Protection-Wetlands
£,, WPA Form 5 - Order of Conditions 242-1057A
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important:
When filling From:
out forms on North Andover
the computer, Conservation Commission
use only the
tab key to This issuance if for(check one):
move your
cursor-do ❑ Orden of Conditions
not use the
return key. ® Amended Order of Conditions
To: Applicant: Property Owner(f different from applicant):
Brooks Sterol SAME
Name Name
1160 Great Pond Road
Mailing Address Mailing Address
North Andover MA 01845
City/Town state Zip Code Cityrrown state Zip C06
1. Project Location:
1160 Great Pond Road North Andover
Street Address city/Town
90C, 103 25, 28
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex North 530 290
County Book Palms
Certificate(if registered land)
3. Dates:
12/22/00 Amended 7/30/03 7/31/03
Date Notice of intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents(attach additional plan references as needed):
See attached
Title Date
Title Date
Title Date
5. Final Plans and Documents Signed and Stamped by:
John L. Scott, P.E.
Name
6. Total Feer
N/A
(from Appendix B:Wetland Fee Transmittal Form)
Wpaform5.doc•rev.a(7103 Page 1 of
Massachusetts Department of Environmental Protection
DEP Fire"umber
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1057A
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings
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:
® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution
Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat
Groundwater Supply ® Storm Damage Prevention ® Flood Control
Furthermore,thg 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,to protect those interests checked above.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:
EJ the proposed worts cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. 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.
❑ the information submitted by the applicant is not sufficient to describe the site,the work,or the effect
of the worts 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 10.45(6)(c).
General Conditions (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.
Wpaform&doc•rev.a/7/U3 Wage 2 of 7
Massachusetts Department of Environmental Protection DEP Fire Number
7LL�, 1]
Bureau of Resource Protection Wetlands
WPA Form 5 - Order of Conditions 24 by o P
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (Cont.)
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 dredging project 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 thre
years,the extension date and the special circumstances warranting the extended time period ar
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 eac
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 suct
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 tit
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 1
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 Orde
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, "MA DEP"]
"Fite Number242-1057 "
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 c
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 th
Conservation Commission in writing whether the change is significant enough to require the filing of
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 hour
to evaluate compliance with the conditions stated in this Order, and may require the submittal of an
data deemed necessary by the Conservation Commission or Department for that evaluation.
Wpaforrn5.doc•rev.8R/03 Page 3 of
Massachusetts Department of Environmental Protection DEP File Numb
Bureau of Resource Protection -Wetlands
IL
WPA Farm 5 - Order of Conditions 2P 42-1057A
,
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 rovided
DE
B. Findings (cont.)
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 b
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetla
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 fu
stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland of
water body. During construction,the applicant or his/her designee shall inspect the erosion control
on a daily"sis and shall remove accumulated sediments as needed.The applicant shall immedial
control any erosion problems that occur at the site and shall also immediately notify the Conservai
Commission,which reserves the right to require additional erosion and/or damage prevention cont,
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limi
work line has been approved by this Order.
Findings as to municipal bylaw or ordinance
Furthermore,the North Andover hereby finds(check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Municipal Ordinance or Bylaw 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 Orde
Conditions is issued.
® that the following additional conditions are necessary to comply with a municipal ordinance or byl€
specifically:
Chapter 178 of the Code of North Andover
Municipal Ordinance or Bylaw
Citation -
The Commission orders that all worts shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above.To the extent that the following conditic
modify or differ from the plans,specifications, or other proposals submitted with the Notice of lnte
the conditions shall control.
Wpaform&doc•rev.W/W Page 4
Massachusetts Department of Environmental Protection DEP File Number
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions provi�d by 242debD
DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont
Additional conditions relating to municipal ordinance or bylaw:
See attached Conditions
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, m the date of issuance.
Extension issued to 5/17/05
Date
This Order must be signed by a majority of the Conservation Commission.The Order must be mailed b,
certified mail (retum receipt requested)or hand delivered to the applicant.A copy also must be mailed c
hand delivered at the same time to the approp ate Department of Environmen a on Regional
Office(see Appendix A)and the property ow r(if different from applica
Signatures:
On 13 Of A!/9dsT o2p03
Day MonMnd Year
before me personally appeared
Scott Masse
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed t e same as his/her free act and deed
7 a?0(,
N public My commission res
This Order is issued to the applicant as follows:
[ by certified mail,return receipt requested,or
El by hand delivery on
Date Date
Page 5 of
Wpaform&doc•rev.817103
Amendment, Brooks School, 242-1057
The North Andover Conservation Commission voted to issue an Amendment to
the Order of Conditions.. The amendment includes approval of a revised site
plan reflecting changes to the athletic facility and associated stormwater
management design. The following information shall be included on record with
the Amended Order of Conditions issued 7/31/03:
Record Drawings:
• Sheet C101, dated May 29, 2003
Sheet C201, revised 6/11/03
• Sheet C301, dated July 14, 2003
• Sheet C302, dated May 29, 2003
• Sheet 003, dated July 23, 2003
• Sheet C401, dated May 29,2003
• Sheet C501, dated May 29,2003
• Sheet C502, dated May 29,2003
Train of Correspondence on Original Notice of Intent Application(received May
30, 2003);
Volume I of II Revised Drainage Calculations, dated July 11,2003;
Volume I of Il Revised Drainage Calculations, dated July 11,2003;
Soils Report Prepared by Norse Environmental, Inc., dated July 7, 2003;
Memo prepared by RFS, dated May 29, 2003;
Eggleston Environmental engineering review letters dated June 24, 2003 and July
18, 2003;
RFS engineering review letters dated July 10,2003, July 14, 2003 and July 23,
2003;
Operation& Maintenance Plan(faxed June-18, 2003);
L
Massachusetts Department of Environmental Protection DEP File Numb
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions P4° �f E,
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Appeals
The applicant,the owner,any person aggrieved by this Order, any owner of land abutting the land subj
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified i
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 fil
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the requ
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and
the applicant, if hetshe is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and I,
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetland
Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00
To the extent that the Omer is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Prottion Act or regulations,the Department has no appellate jurisdiction.
D. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district it
which the land is located,within the chain of title of the affected property. In the case of recorded land,
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the Ian(
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 informatic
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
North Andover
conservation commission
Page 6
Wpaform&doc•rev.U7103
Massachusetts Department of Environmental Protection DEP File Number
Bureau of Resource Protection-Wetlands
LJ WPA Form 5 - Order of Conditions P42-1d by D
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commissio
-------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Project Location DEP File Number
Has been recoted 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 7 of.
Wpaform5.doc•rev.80103
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Appendix E Request for Departmental Action Fee Transmittal Forn
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important: 1. Person or party making request(if appropriate, name the citizen group's representative):
When filling
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do City/Town state zip code
not use the
return key. Phone Number Fax Number(if applicable)
Project Location
Mailing Address
City(Town state zip Code
2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineatio
(Form 4A);or Request for Determination of Applicability(Form 1)):
Name
Mailing Address
City/Town State zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of conditions
❑ Superseding Determination of Applicability
❑ Superseding Order of Resource Area Delineation
Send this form and check or money order for$50.00,payable to the CommonweaKh of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
Page 1,
wpaforrn5.doc•Appendix E^rev.8!7!03_
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Appendix E Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed.To the extent that the Determination or Order is
based on a municipal bylaw,and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
I Send a copy of this form and a copy of the check or money order with the Request for a Supersedir
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(sf
Appendix A).
4. 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 helshe is not the appellant.
Page 2 of 3
wpaform5.doc•Appendix E•rev.8J7103
Town of North Andover E N0 T11
Office of the Planning Department o?°`'� �
Community Development and Services Division
27 Charles Street
North Andover,Massachusetts 01845 SSAC►+►,s�
hgp://www.townofnorthandover.com
Town Planner: j voods@townofnorthandover.com P (978)688-9535
J.Justin Woods F (978)688-9542
NOTICE OF DECISION
SENT USPS VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
1160 Great Pond Road Assessors Map 90C,Lot 25&
Site Plan Special Permit Assessors Map 103,Lot 2B
Brooks School—Athletic Facility Registry Book 530,Page 290
The public hearing on the above referenced application was opened by the North Andover Planning Board on
July 8,2003 and closed on August 5,2003. John Scott,P.E.of Rist-Frost Shumway,appeared on behalf of the
petitioner,Brooks School.
On August 19,2003,Nardella made,and Simons seconded,a motion to grant a Site Plan Special Permit
to allow for the construction of a one-story with mezzanine,50,501 square foot athletic facility within the
Residential-2 Zoning District, under the requirements of Section 8.3 & 10.3 of the North Andover
Zoning Bylaw. This Special Permit was requested by the by Brooks School, 1160 Great Pond Road,North
Andover, MA, 01845. The original application, excluding revised documentation, as cited herein, was filed
with the Planning Board on submitted on May 30, 2003 with subsequent submittals on file. The applicant
submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the
Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was
subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this
decision.
The Planning Board voted on the motion by a vote of 4 in favor to 0 against(Phinney voted, White
abstained, Schwarz not present). A special permit issued by a special permit granting authority requires a
vote of at least four members of a five-member board. See MGL Chapter 40A, Section 9 and Section 10.3(5)
of the Town of North Andover Zoning Bylaw. Accordingly, the Application for the Site Plan Special
Permit is approved with the attached conditions.
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.
Respectfully Submitted:
J Woods,Town Planner -
for the North Andover Planning Board: .0
Alberto Angles,Chairman
George White,Vice Chairman c
Felipe Schwarz,Clerk sv
John Simons
CD
Richard Nardella n
James Phinney,Associate Member
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
1160 Great Pond Road
Site Plan Special Permit
Brooks School-Athletic Facility
August 20,2003
Page 2 of 4
Appendix A
The Planning Board herein approves the Site Plan Special Permit for the construction of a one-story with
mezzanine, 50,501 square foot athletic facility. This buildings is located in the R-2 Zoning District. This
Special Permit was requested by Brooks School, 1160 Great Pond Road, North Andover, MA 01845. This
application was filed with the Planning Board on May 30, 2003. The applicant submitted a complete
application which was noticed and reviewed in accordance with Sections 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 OF FACT as required by the North Andover Zoning
Bylaws Section 8.3 and 10.3:
1. The specific site is an appropriate location for the project as it is located in the R-2 Zone and involves the
construction of permitted uses within this zone.
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.
4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 as amended by the
Planning Board,of the North Andover Zoning Bylaw;
5. The site drainage system is designed in accordance with the Town Bylaw requirements and has been
reviewed and approved by the Outside Consulting Engineer,Vanasse,Hanging Brustlin,Inc.;
6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the
Zoning Bylaw.
7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The
facility will be connected to the municipal sewer system in the Town of North Andover.
Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning
Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in compliance. The
Planning Board hereby grants an approval to the applicant provided the following SPECIAL CONDITIONS
are met:
1. Prior to the endorsement of the plans by the Planning Board, the applicant most comply with the
following conditions:
a) The final plan must be reviewed and approved by the Town Planner and subsequently endorsed by the
Planning Board The final plans must be submitted for review within ninety days of filing the
decision with the Town Clerk.
b) A bond in the amount of fifteen thousand ($15,000) dollars must be posted for the purpose of
insuring that a final as-built plan showing the location of all on-site utilities, structures, curb cuts,
parking spaces, topography, and drainage facilities is submitted. The bond is also in place to insure
that the site is constructed in accordance with the approved plan.
2. Prior to the start of construction:
a) During construction,the site must be kept clean and swept regularly.
b) A 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.
3. Prior to FORM U verification(Building Permit Issuance):
a) The Planning Board must endorse the final site plan mylars and three(3) copies of the signed plans
must be delivered to the Planning Department.
b) One certified copy of the recorded decision must be submitted to the Planning Department.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
1160 Great Pond Road
Site Plan Special Permit
Brooks School—Athletic Facility
August 20,2003
Page 3 of 4
4. Prior to verification of the Certificate of Occupancy:
a) The applicant must submit a letter from the architect and engineer of the project stating that the building,
signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of
this decision as endorsed by the Planning Board.
b) The Building must have any and all fire sprinklers installed in accordance with the Massachusetts General
Law s Chapter 148 Section 26. Additionally, the applicant shall sprinkle the existing hockey rink to
which the proposed facility will be attached.
c) 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. All
site lighting shall provide security for the site and structures however it must not create any glare or
project any light onto adjacent residential properties.
5. Prior to the final release of security:
a) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the applicant's expense. Specifically after the detention pond is
completed,the Town Planner will review the site and any screening as may be reasonably required by
the Town Planner will be added at the applicant'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 and reviewed by the Planning Staff
and the Division of Public Works.
6. Any stockpiling of materials (dirt, wood, construction 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 to
minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer
than one week must be fenced off with siltation fence and covered.
7. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular
maintenance,any and all equipment that shall emanate sounds from the structures or site.
8. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday
and between 8:00 a.m. and 5:00 p.m.on Saturday.
9. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision
that die within one year from the date of planting shall be replaced by the owner.
10. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
11. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective
utility companies.
12. No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
13. No underground fuel storage shall be installed except as may be allowed by Town Regulations.
14. 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.
15. 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.
16. Any revisions shall be submitted to the Town Planner for review.If these revisions are deemed substantial,
the applicant must submit revised plans to the Planning Board for approval.
17. This permit shall be deemed to have lapsed after a two (2) year period from the date August 20, 2003 on
which the Special Permit was granted unless substantial use or construction has commenced.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
1160 Great Pond Road
Site Plan Special Permit
Brooks School—Athletic Facility
August 20,2003
Page 4 of 4
18. The following information shall be deemed part of the decision:
A) Plan Titled: Brooks School New Athletic Facility
Prepared For: Brooks School
1160 Great Pond Road,North Andover,MA 01845
Prepared By: Rist-Frost Shumway
71 Water Street
Laconia,NH 03246
Scale: I"=20'
Date: May 29, 2003 and last revised July 24,2003,
Revised February 20,2001
Sheets: C101,C201,C301,C302,C303,C401,C501,C502
B) Plan Titled: Brooks School New Athletic Facility
Prepared For: Brooks School
1160 Great Pond Road,North Andover,MA 01845
Prepared By: Cannon
One Center Plaza
Boston,MA 02108
Scale: I"=20'
Date: May 27,2003
Sheets: L101,L201,L301,L401 (Layout&Materials,Grading,Planting&Lighting Plans)
C) Plan Titled: Brooks School New Athletic Facility
Prepared For: Brooks School
1160 Great Pond Road,North Andover,MA 01845
Prepared By: Cannon
One Center Plaza
Boston,MA 02108
Scale: 1/8"=1'
Date: May 30,2003 and last revised July 14,2003,
Sheets: A101,A102,A301 &A302
D) Report Titled: Drainage Calculations
Dated: May 29,2003;revised July 11,2003
Prepared By: Rist-Frost Shumway
71 Water Street
Laconia,NH 03246
Note: All 4 Plans are approved as noted except as amended in VHB's Report titled Town of North
Andover Planning Board Engineering Review of Site Plan and Watershed Special Permit for
Conformance with the Town of North Andover Zoning Bylaw and Standard Engineering
Practice (VHB No 06716.76). dated July 30, 2003 and agreed to by the applicant at a public
hearing on August 5,2003.
cc: Conservation Administrator Police Chief Abutters
Director of Public Works Fire Chief Assessor
Health Administrator Applicant DPW
Building Inspector Engineer File
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535