Engineers have created two designs for access roads that will allow construction of the new Bancroft Elementary School to move forward as litigation against it continues.
The two plans seek to build a temporary access road to the school that would be used only by construction vehicles.
The roads run along the western side of the Bancroft Elementary School property and avoid four wetland areas on the property.
If this plan moves forward and "even if everything went really well and as quickly as possible," construction of the new school would begin no sooner than June 2012, according to Annie Gilbert, School Committee chairwoman. Before appeals were filed, school construction was expected to be underway by now.
The project has been stalled since last August, when residents who live near the property appealed a Conservation Commission order of conditions allowing a permanent secondary access road to be built from nearby West Knoll Road to the existing Bancroft Elementary School.
A lawsuit was also filed in the state's Superior Court against the town, alleging that officials failed to adhere to the town's wetland protection bylaws. That lawsuit, filed by Saugus-based attorney Peter Flynn on behalf of South Main Street residents Dana Willis and Michael Noakes, said stormwater runoff calculations in the plans were not accurate. A Superior Court judge's decision on Dec. 30, 2011 upheld the town's use of its bylaws but that decision was appealed last week, according to Gilbert, the School Committee chairwoman.
"It is our belief that these appeals are going to continue," said Gilbert. "At this point, we are now moving forward and exploring — very seriously — a different path which would involve phasing the construction of the school in a different order so that we can begin."
"We'll certainly be alarmed if the town were to attempt putting a shovel in the ground anywhere in this project with pending appeals," attorney Scopa said on Wednesday, after the deadline for the print addition of this story.
The town's current goal is to build a temporary access road to the site of the new school, which will be located in front of the existing facility. One of the two plans has the road being built from Bancroft Road, west of the existing entrance to the school, and through the soccer field area currently in front of the school.
The other plan would build a temporary road from the end of West Knoll Road along the western-portion of the property, all the way to the new school's location. That second option would run almost parallel to the original plans for the West Knoll Road access, but one downside is that it would require extensive clearing of trees, something Maria Maggio, acting director of Plant and Facilities, acknowledges.
"Everything's going to have to be cleared" if that plan moves forward, said Maggio. "But we have to get the school built, and we'll put it back after."
The temporary roads would be built either of pavement that can be destroyed and removed later, or gravel. Under both plans, parents, school buses and teachers would continue using the existing entrance to the school on Bancroft Road.
At some point, the goal would be to build the proposed permanent West Knoll Road extension. Though the appeal process is ongoing against that road, Andover officials are confident the appeals court expected to review the project will side with the town.
"We're confident, again, that we'll win our appeal, and we'll end up with the same package that we brought to the town and that was approved by the town," said Gilbert. "It will take a while to build the building, as everybody knows. During that length of time, we believe the appeals will exhaust themselves."
Attorneys Flynn and Scopa, who are representing Willis and Noakes, could not be reached for comment before the print deadline for this story.
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