Loading...
HomeMy WebLinkAboutMiscellaneous - 1801 TURNPIKE STREET 4/30/2018 (6)'T u cr Pi�1+e 1A . I t r"-17 �+ S z Legal !Notice TOWN OF NORTH ANddVER MASSACHUSETTS, BOARD OF APPEALS NOTICE .. NORTI� ` cf'.,j,,.•: ,• otic November 28, 1986 o? •�e��•_•i• oM Notice is hereby given that the Board of Appeals will give a hearing at the Town >r� * Building, North Andover, on " °+b�- Tuesday evening the 13 day of �+► "Aviv CHU January 1987, at 7:30 .,,o'clock, to, all 'parties. in terested in' the appeal of Combiried Devefopment Group lll. ,Trust, John R. Rivers, Trustee requesting a Special Permit of Sec: 5.3 Para. 1 of the Zoning By Law so as to perrrilt the removal of 32,500 cubic yards of fill on the premises located at Lot 80 (81) Turnpike St. By Order of the Boardof Appeals Frank S: AJr., Chairman Publish in North Andover Citizen December & and December 1, 1986 158 Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE .oRTH November 28,1986 o� Notice is herebygiven that the Board of Appeals will give a hearing at the Town Building, North Andover, On Tuesday evening the 13 day of January 1987, at 7:30 , ITS C104 o'clock, to all parties in .i terested in the appeal of Combined Development Group III Trust, John R. Rivers, Trustee requesting a Special Permit of Sec. 5.3 Para. 1 of the zoning By Law so as to permit the removal of 32,500 cubic yards of fill on the premises located at Lot 80 (Bi) Turnpike St. By Order of the Board of Aopeals Frank Sero Jr., Chairman Publish in North Andover Citizen Decembep and Decemlbeer 1, 1986 1 I .` ofiOORTy1��* 2� �roMr •,O �, AILI" ;a 94; 1855 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Novembe ..2 8 ... 19.8 6 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on . Tuesday. . evening .. the .1.3 . day of . January ... ... 19 8 7 , at . o'clock, to all parties interested in the appeal of Combined Development. Group IIITrust,- John R. F4YiVaft J4W6 J&,e of Sec.. 5 ..33 Para:. --1 . of the Zoning Special Permi� By Law so as o permit ................................... the .remova1. of..32 500. _bubic..yards. Qf..fil1 ...................................................... on the premises, located at.. T,ot _ 8,0 (B1) . Turnpike . S.t . .................................................. By Order of the oard o, Appeals. rank -Serio, Jr., Chairman Publish in the N.A. Citizen Dec. 4 & Dec. 11, 1986. • w. m m < m a o.4° C A0 c ° n r z m 0 1) c� m � �® wV 02 cD (D 0)OD N m 1 K nV via �esFe / / \ '°F ` �0 OD 104 \ 122 ISLcor ,L 0 7 OD I \ g A ro 10 1 11 m 20� 16 N 0� 0 120 w rn (D tD a�� 8 .00 \ \ Z 1 IV °OD x\262 m• 0�\ ` O O O O°' Opo p� /V N o J O ;lmZr n Pi O . . tn CD Ln CD m 0)3 � c O� _. N (Do frl' 11 W — ��11djE W C — =3 _. "C) 00-00 N o a — r O / gd rm �� �< o� m ys N m 0 c 1 vii C) paw+ 3 — 1 N Ztn 0 0 o Wo c O� ,m cn D� '+ o S �� O p 1-C oO�D r7® ym�� °AN 0-0- 0 1 O O CD CD X'� O_ 01 .. � p %< 0 F r TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS MEMORANDUM TO: Town Treasurer FROM: Board of Appeals, Audrey W. Taylor DATE: July 22, 1987 SUBJECT: Combined Development Group III Trust Lot 80(B1) Turnpike Street John R. & Vera Rivers, trustees Please be advised that the Zoning Board of Appeals granted a Special Permit to the above subject for the removal of fill on the entire site as set forth in the plans presented on March 10, 1987. One of the required conditions was that the petitioner post a bond of $20,,000 with the Town Treasurer and shall pay all fees before a permit for removal is issued. I have attached a copy of the decision for your information. Please advise this office when the bond has been posted so that we can up- date our files. Thank you. I ? :NOH try, O OFFICES OF: Town of m APPEALS NORTH ANDOVER CONSERVATION Ss "°$�4 DIVISION O HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR February 1.1, 1987 Combined Development Group III Trust 24 Gould St. Reading, MA 01867 RE Petition for. Earth. Removal Dear Sirs: 120 Main Street North Andover, Massachusetts O 1845 (617) 685-4775 The Board of Appeals has.continued your public hearing until the March 10th meeting in order for you to submit new plans showing the following. The plan shall show how drainage from the area will be handled, shall show a siltation basin, the area to be reforested, the slope of the excavation, the area to be grassed upon completion, and plan shall also show a cross-section showing elevations. Thank you for your prompt attention to this matter. Sincerely, BOARD OF APPEALS Frank. S.erio, JX. , airman /awt cc: Building Inspector, C. Foster a: i t F: ; : i, EO File No. r (To be provided by DEOE) North Andover Commonwealth citylTown of Massachusetts hn s & Vora River f' Applicant J" Lot 80/81 - Turnpike Street., Determination of. Applicability. Massachusetts Wetlands Protection Act, G.L. c.131 §40 and under the Town,of North.Andova3>r By-law, Chapter Section 3.5 A&B From North ANdover Conservation COmmissio'n issuing Authority To John R & Vera Rivers Trustee/ Combined Developme$ti - (Name of personmakingrequest) Group"III (Name of property owner) RAMV Address 94 G — A ctr-or RQ.adia$, '- --- Address This determination is issued and delivered as follows: ' 0 by hand delivery to person making request on (date) by certified mail, return receipt requested on -April 27, 1987 (date) Pursuant to the authority of G.L. ,c. 131, §40, the NACC has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determination ('check whichever is applicable): This Determination is positive: 1 • p . The area described below, which includes all/part of the area described in your request, is an Area Subject to. Protection Under the Act. Therefore, any removing, filling, dredging or altering of that area requires the filing of a Notice of Intent: ". The work described below, which includes all/part of -the work described in your request, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. There- fore, said work requires the filing of a Notice of Intent. . r J 2. O Y ` The work described below, which includes all/part of -the work described in your request, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. There- fore, said work requires the filing of a Notice of Intent. . r J A 3. 0 The work described below, which includes all/part of the work described In your request, .is Within the Buffer Zone as defined In the regulations, and will alter an Area Subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent. Stipulations recommended are as follows:Two rows.of double staked hay bales with siltation fencing to be placed along contour line 94' And 96. This Determination Is negative: with stipidations. 1. 0, The area described in your request is not an. Area Subject to Protection Under the Act. 2. ❑ The work described in your request Is, within an Area Subject to Protection Under the Act, but will not remove, fill, dredge, or after that area. The refore, said work does not require the filing of a Notice of Intent. 3. (21X The work described in your request is within the Buffer Zone, as defined in the regulations, but will not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice of Intent. 4. O The area described in your request is Subject'to Protection Under the Act, but since the work described therein meets the requirements for the following exemption,as specified in the Act and the regulations, no Notice of Intent is required: Issued by North Andover Conservation Commission - Signature(s) This Determination must be signed by a majority of the Conservation Commission. On this 22nd day of April 19 87 before me personally appeared Ner-41 .4.P- enservM!ion GOLILmiSniUL•L to me known to be the.. person described in, and who executed, the foregoing instrument, and acknowledged that he/she executed 'lie s9r ye a t �eas his/her f d deed. . ei ( 1'e z N'8tary Public MY commission expire This DetermInaflon does not relleve the applicant from complying with all other applic a,ble federal, elate or local statutes. ordinances. by-laws or regulations. This Determination shall be valid for three years form the date of Issuance. The sipplicant, the owner, any person aggrievedby'this Determination.any owner of land abutting the land upon which the proposed work Is to be done, or any ton residents of the'city or town in which such land is located. are hereby notified of their right 116 request the Department of Environmental Quality Engineering to issue a Superseding Determination of Applicability, providing the request is made, by certified mail or hand delivery to the Department within thin ten days from the dale of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. P�aMhl80 BOA80 TOWN OF NORTH ANDOVER 120 Main Street North Andover, MA. 01845 685-4775 NORTh p�^t�ao • ,MO F p • off.. -. ��^^ + 71 aO•.r�o ��,�� ,s8 CMUSEt November 12, 1986 Zoning Board of Appeals Frank Serio, Jr., Chairman Town Office Building 120 Main Street North Andover, MA 01845 RE: EARTH REMOVAL OPERATION TURNPIKE STREET BY COMBINED DEVELOPMENT GROUP III Dear Chairman Serio: Over the past several months excessive tree cutting has occurred on the referenced site shown on the attached Assessor's Map #107B, parcel 80. Until recently the site has remained in its present stripped condition. The Planning Board has witnessed an earth removal operation beginning and would like to determine the extent of the ongoing work, and the need to obtain an Earth Removal Permit from your Board per Section 5 of the Bylaw. Your attention to this matter is appreciated. Sincerely, PLANNING BOARD Karen Nelson, Town Planner KN: ns t ; � 47 . I_ Q LV IL ' 0 �S` f 1 V � 1) Ieft .11 % •i i Y _ _ % w U LA t w UJ Z �� z w .. 0't OFFICES OF: APPEALS BUILDING CONSERVATION HEALTH PLANNING Z/-/ C)/, y - 9 Town of L 9 NORTH ANDOVER ss�omusE� DIVISION OF PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR 120 Main Street North Andover, Massachusetts O 1845 (617) 685-4775 V'tu�Ccw ffo January 13, 1987 Board of Appeals Town Hall North Andover, Mass. Members of the Board; Combined Development Group III Trust purchased this property in August, 1985. The property is located on Rt. 114, is zoned R2., for residential uses. The property consists of 1.8 acres of land with 238.5 feet of frontage. It is located just north of Berry St. and across the street from the Girl Scout Council and the riding academy. We propose to excavate approximately 32,500 cubic yards of fill from the site in preparation for the construction of a single family dwelling on the site. We will attempt to show that the removal of fill from this lot will have a minimal impact on the neighborhood and may infact enhance the overall appearance of the area. The property as it exists now, reaches an elevation of over 40 feet from the street. It inclines very rapidly from the back of the roadway, behind the line of trees that are to remain. On the southerly side of the property is an existing house and barn at a lower elevation and to the north is vacant land and then a dwelling further north at a lower elevation again. Across the street just to the south is the riding academy, that land slopes back from the street and gently rolls back up where the house is located. The side yard to the north of the house slopes back to an open field. The Girl Scout Council property slopes gently back from the street to where the building is located and then slopes further back to meet with the open field from the academy. We contend that the excavation as proposed will lessen the impact of water.runoff from the hill onto the roadway and subsequently onto the properties on the other side of the street. _R 4 3 ) maintenace of the area will be performed as required by the State. The roadway will be swept and kept free of debris from the site at least daily, more -frequently if necessary. 8. Wetlands: The maps have been checked with the Conservation Department and we are, by scale, over two hundred feet from any wetland area. The limit of disturbance is two hundred and eighty feet from this area. 9. Stumps: There will be relatively few stumps, those that are there on the property will be buried .in the southwest corner of the ;disturbed area, within the area of excavation. Buried sufficently deep so as not to create a problem in the future.. 10. Dust control: At this time we anticipate completing the excavation prior to the hot sunny days that may aggrevate the situation. We feel that we have addressed all of the concerns.regarding the issuance of a special permit and have met the requirements for issuance of same. Respectf'u'lly, ILI �rw.. 1 41�. Kevin C. Greus (2) to The Building Inspector, in a recent conversation with us, has indicated several concerns to be addressed; 1. A 15' limit of excavation from the property line not shown on the plan: We were not aware that this was a requirement but if you scale the plan from the back of the lot line the 15' requirement is more than met. Our engineer is changing the plan to reflect this. 2. Drainage: Excavation as shown on the plan will lessen the impact of water running off the currently high hill to that of a gentler and more gradual runoff following the existing runoff pattern. Haybales could be placed around the perimeter of the property during excavation to lessen any siltation runoff that may occur. 3. landscaping: As required under the bylaw, loam and seeding will be taking place immediately upon completion of excavation. Reforestation of the area could be done at that time, although we feel it is unnecessary as construction of a dwelling should be starting in the near future and finish land- scaping and plantings would be done at that time. 4. Sloping: The Building Inspector indicated that no slope my exceed 2:1. The plan indicates this in the disturbed areas. 5. State!Earth Removal Permit and Curb Cut: We have picked up the applications and are in the process of preparing them for submittal to the State DPW. We were not aware, until our conversation with the Building Inspector that we needed any further permits, these will be in place prior to commencing any excavation. 6. Hours of operation & duration: We do not expect to, or forsee any reason to extend the hours beyond those set by the Town ByLaw. Mr. Robert Francis of'.Robert Francis Construction has contracted with us for the fill and does not anticipate working beyond those hours. The duration of.the project can only be determined by the weather at this time,.but we anticipate that the removal of the fill will be expidited as quickly as possible. 7. Safety.and Maintenance: A police officer will be on duty at all times during hours of operation. Clean up and �Q''(TbED /6T6N4 04. Q. BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 TEL. 682-6400 Planning Board North Andover Mass. Gentlemen: Dec 15, 1986 Re: Lot 80 Turnpike St. earth removal I have two suggestions after reviewing this plan. Tjjjs building will need a septic system After going through my files, I could find no record of soil tests for the site. I hope the builder is keeping this in mind as he plans to develop the site. The other concern I have is how the proposed grading will change runoff from this site. For instance, water that flows off the lot from the south corner now will be diverted to the other sides of the lot, hopefully, not causing any new flood problems NA rezi� DEC 51,086 c "LANNU ID Very truly yours, ,�W6Y Michael Graf Health Inspector F. D. Dewsnap Engineering Associates, Inc. 4 178 Lincoln Avenue Saugus, Mass. 01906 Telephone (617) 233-0595 November 14, 1986 Mr. Kevin Greus Rivers Development Corp. 24 Gould Street Reading, Mass. 01867 Re: Quantity Calculations Route 114 North Andover, Mass. Dear Mr. Greus: Please be advised that our office surveyed the land in question between November 3, 1986 and November 5, 1986 in order to deter— mine the approximate "in place" quantity. The bench mark for the work is a PK spike in a pole marked ME 256912 (NETT Pole No. 1392). The assumed elevation is 100.00. A base elevation of 101 was established at the property line. This elevation was carried across the site and connected to a 2 (horizontal) to 1 (vertical) slope off the elevation at the peak property line. No volume was considered within twenty (20) feet of the nearest point along the southerly property line. A sketch plan has been attached in order for you to see the area under consideration. The total volume within the area outlined upon Exhibit No. 1 is 32,500 cubic yards, more or less. This volume is an "in place" volume using those parameters outlined above. Sincerely, i Frederick D. Dewsnap, Jr., P.E. NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 INSPECTOR OF BUILDINGS ELECTRICAL INSPECTOR GAS INSPECTOR IDeeembe)c &, 1986 Boated o6 Appea-6 Town 04jice Building Note th Andove . MA TEL. 888-8102 R.e: Combined Devetopment Gtcoup III Ttuust - EaAth Removal Request Gen2emen: It ,i s tcecommended that the Fatah' Removat Pehmit not be gteanted byy oun Bowed unfit ptco peA plans ate e ,6ubmit ted /4 ote youA endotus em ewt . The plan as submitted by Dewtnap Eng heAing dated NovembeA 14, 1986 hays many de4ic iencie . The plan -deems t show how dna inage �Aom the aAea w,i t be handted_.wc_dca.es-.i,t show a s -c 2tation b" in, the afzea to be tce4ot rated, C he �s 2�pe o� the excavation, vt-the area to be gAzussed upon completion. The plan a, -e. a cAo�s�s -,sect ion showing- eleva ti ows� a;lope:.-not �._g.�-ca e c t-bczc-�r-2~9—f`g` :`Yi tu�o a a"`T . voCticat) a-nd-t-he—Aequi,!&-ed tll--4/.t--.zetba-eh-ofd th-2'excava; on--Jitom_th:e lot The apptcoval o4 the Ma/s/s . D.P.W. tshould be obtained, in wtr it'i.ng, since the site abuts Rowe 114. Bonding ,in an amount to be set by the Boatd and a $100.00 ti.eewse 4ee d5 atso tcequ Aed. VeKy ttculy youtvs, (�l )/. -Z ` D ChalLte,s H. Fobtetc, Bu td.ing Ins pec tok and Zoning 064.iceA CHS: g b TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * * * * * * * * * �t * * Petition of: Combined Development Group III Trust Lot 80(Bl) Turnpike Street * Petition # 38 - 87 DECISION The Board of Appeals held a public hearing on January 13, 1987, February 10, 1987 and March 10, 1987 upon the application of Combined Development Group III Trust requesting a Special Permit pursuant to Section 5, Paragraph 5.3(;) of the Zoning ByLaws so as to permit the removal of 32,500 cubic yards of fill from the premises located at Lot 80(B1) on Turnpike Street. The follow- ing members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Walter Soule, Raymond Vivenzio and Anna O'Connor. The hearing was advertised in the North Andover Citizen on December 4 and December 11, 1986 and all abutters were notified by regular mail. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted to GRANT the Special Permit for the removal of fill on the entire site as set forth in the plans presented on March 10, 1987 subject to the following con- ditions: Strict adherence to Section 5 of the Zoning ByLaws as follows: Section 5, Paragraph 5.7 - Operation Standards; Paragraph 5.8 - Restoration Standards; Paragraph 5.9 - Security Requirements. The petitioner shall post a bond of $20,000 with the Town Treasurer and shall pay all fees before a permit for removal is issued. The vote was unanimous. Copies of the above ByLaws are attached. Dated this 19th day of March 1987 Attachment /awt BOARD OF APPEALS Frank Serio, Jar. Chairman cow, Pzo � ii - pi, -C6( L TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * * * * * * * * * �t * * Petition of: Combined Development Group III Trust Lot 80(Bl) Turnpike Street * Petition # 38 - 87 DECISION The Board of Appeals held a public hearing on January 13, 1987, February 10, 1987 and March 10, 1987 upon the application of Combined Development Group III Trust requesting a Special Permit pursuant to Section 5, Paragraph 5.3(;) of the Zoning ByLaws so as to permit the removal of 32,500 cubic yards of fill from the premises located at Lot 80(B1) on Turnpike Street. The follow- ing members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Walter Soule, Raymond Vivenzio and Anna O'Connor. The hearing was advertised in the North Andover Citizen on December 4 and December 11, 1986 and all abutters were notified by regular mail. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted to GRANT the Special Permit for the removal of fill on the entire site as set forth in the plans presented on March 10, 1987 subject to the following con- ditions: Strict adherence to Section 5 of the Zoning ByLaws as follows: Section 5, Paragraph 5.7 - Operation Standards; Paragraph 5.8 - Restoration Standards; Paragraph 5.9 - Security Requirements. The petitioner shall post a bond of $20,000 with the Town Treasurer and shall pay all fees before a permit for removal is issued. The vote was unanimous. Copies of the above ByLaws are attached. Dated this 19th day of March 1987 Attachment /awt BOARD OF APPEALS Frank Serio, Jar. Chairman cow, Pzo � ii - pi, -C6( - h`�E - R e 8 SIM i �•.. 4 toss � Kie_.....4- TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Combined Development Group III Trust 24 Gould Street Reading, MA 01867 Date ......March 38-87 Petition No ...................... . March 10, 1987 Date of Hearing Decision......... . Petition of .......Combined .Development. Group. III..Trust ............................... Premises affected .........Lot . 80.(31) . Turn.pike . Street .................................. Referring to the above petition fora tyxiMim.. Spe rj al Termit pursuant. to. Section. 5.,..P.aragra.ph .5.3(1)..of. . the. Zoning. Bylaws ....................... so as to permit ........ the .removal .of . 32.,5.00. cubic .yards. sof .f ill ..................... After a public hearing given on the above date, the Board of Appeals voted to GRANT ...... the Special Permit VOTE UNANIMOUS Signed .... .Frank. Serio, JfChairman .................. .... _ . Alfred. Frizelle.,, Vice-chairman Walter. Soule Raymond. Vigenzio................ Anna. W.Connor..............:.... Board of Appeals yards, but less an five -thousand (5,00 cubic yards, a Permi may be granted by the and for such removal ithout-a public hearin However, where the a ava'tion, removal, stri ing, or mining exc ds five -thousand (5,0 ) cubic yards, th a public hearing wi be necessary and the ermit granted.shall i irate the approxi ate'quantity of soil o be removed, the purpos of removal, and the ocation of the site f removal. The Per t shall also specify tha upon completion of xcavation, exposed su oil shall be grade and covered with loam t a minimum depth.of six (6) inches and that e removal is to be controlled by the appro- riate section of P ragraph 5.7 (Operating. Standards). It i further provided that.exce. where removal u er this Paragraph is done ' connection wit the formation or enlargeme t of a pond, excav tion shall not be permitte below the mean gra a of the street or road se ing the proper The excavation of said and in any event shall not be such as to ch ge the directio or flow of a water course or to cause surface water to gather as a sump r Swale. Excav ions for burying large'ro s and stumps shal immediately be back -fill d for safety rea ons. Failure to meet th requirements of this Paragraph shall be eemed a violation o thte Zoning By -Law. 5.7 Operation Standards (1) Time of Operation. a) Excavation and site maintenance may be carried on from 6:30 a.m. until 7:30 p.m., Monday through Saturday. b) Trucking from the site may be carried on from 7:OO a.m. through 6:00 p.m., Monday through Saturday._ c)' An Operating Hours Extension Permit for trucking until 9:00 p.m. for no more than three (3) consecutive days may be granted by the Building Inspector after reviewing conditions of the application. Said appli- cation shall show reason for extension of time, distance of hauling, and approximate cubic yardage to be hauled. -44 ! i i I i (2) Site Preparation. a) Only the active area described in the Permit application may be made ready for earth re- moval. b) No standing trees are to be bulldozed over, or slashed and bulldozed into piles. All trees must be cut down. All wood and .brush must be piled for removal or chipping. Wood chips may remain on the site. No trees are to be buried on the site. c) Stumps shall be buried in,predesi nated .areas as shown on application plans. d) Any change in stump burial must be sub- mitted to the Board for approval. (3) Topsoil Storage. a). All topsoil removed from the active removal area shall be piled for future site restora- tion. b) No topsoil shall be removed .from the site until all areas have been restored and per- mission has been granted by the Board. (4) Erosion control. a) Prior to any excavation or or earth removal, adequate siltation basins shall be con- structed to prevent the run-off of silted water from the site. b) All excavation shall be done -so as to create contours to channel run-off waters into the siltation basins. c) No siltation basin shall exceed seven (7) feet -in depth. d) Siltation basins must be cleaned when sedi- ment deposits are within eighteen (18) inches of the outfall invert. (5) Dust Control. a) No earth.removal operation shall create ex- cessive amounts of dust or -allow roads. f -45- leading into or from a site to become -ex- cessively dust producing. b) Proper dust control methods shall be approved by the Building Inspector,. (6) Excavation Near Brooks. a) No excavation shall be made which will alter the natural way or existing elevation of a brook,. stream ,,or'river. b) All banks of brooks, streams, and rivers shall be reconstructed to be aesthetically attractive and of sufficient height to i prevent abutting properties from.fiooding. c) Said bank height shall be computed, for a fifty (50) year storm for all brooks, streams, and rivers up to eight (8) feet, in width and two (2) feet in depth; and for a one -hundred (100) year storm for all brooks, streams, and rivers which exceed this size. (7) Site Screening. a) An immediate program of site screening shall start when site preparation begins. b) All entrances shall be screened with exis- ting vegetation, evergreens, or other suitable natural methods, so as to prevent a direct view into the earth removal area. c) All areas within fifty (50) feet of a traveled way or abutting property lines shall be reforested immediately upon com- pletion of the earth removal operation of that area. Said reforestation shall be ' done in accordance with the North Andover Tree. Department. E A minimum of One Hundred -fifty (150) tr.eles: per acre shall be used for this reforests y tion. Areas which are to be used for agricultural purposes after earth removal operations'are completed may be reforested in the following manner: t • -46- Trees shall be planted twenty-five (25) feet deep from the road or property line. The remaining area shall immediately be planted with grass or other suitable agri- cultural planting material. (8) Access RoalE,. a) All access roads shall be'level with inter- secting streets for,a distance of sixty (60) feet. b) A STOP sign shall be installed so as to warn any vehicle entering onto a Town street. c) All access roads shall be equipped with a suitable locking gate to prevent unauthori- zed entry. (9) Site Maintenance. a) No open face excavation shall exceed twenty- five (25) feet in height. b) No excavation shall be closer than fifteen (15) feet to a property line. C) No slope shall exceed a two (2) foot hori- zontal to a one (1) foot vertical (2:1) grade. (10) Temporary Buildings. a). All temporary structures shall be specified in the Special Permit application and shown on the plan. b) Any structure erected on the premises for use by personnel or storage of equipment shall be located at least forty (40) feet from any existing roadway and at least thirty (30) feet from any lot line, c) Any temporary structure will be removed no later than ninety (90) days after the ex- piration date of the Permit. (11) Mechanical Crushing and Screening. -47- a) b) All crushing and; screening'Permits shall be granted for a period -not to exceed six (6) months. Said Permits. shall be granted as a cleanup procedure only. c) Washing of processed material will not be allowed. d) Operation of crushing or'screening equipment shall be from 7:30 a.m. until 5:OO p.m., Monday through Friday. e) All crushing and screening equipment shall be equipped with suitable dust and noise control devices. Restoration Standards (1) All restoration must be completed within sixty (60) days after the-termination,of an Earth Removal Permit or by the first of June if the ,Permit terminates between December first through March thirty-first. (2) No slope shall be left with,a grade steeper than a two (2) foot horizontal -to a one (1) foot vertical (2:1). (3) All siltation basins shall be filled with earth, and a natural drainage pattern must be re-estab- lished.. No area upon the site which will collect water shall remain.unless approval is granted by the. Board or unless the area was shown on the original application plans. (4) All topsoil which was on the site prior to earth removal operations shall be replaced to a minimum depth of six (6) inches on all disturbed areas. Sites that had less'than six (6) inches of topsoil shall be restored with a minimum of four (4) inches over the .entire area. (5) Seeding - The entire area shall be•'seeded with grass or„legume which contains at 'least sixty .percent (60%) perennials The planted area shall be' protected from erosion':during the es- tablishment period using.good conservation practices., Areas which washout',are to be re- QIIC 4 i S4 paired immediately. (6) Reforestation - All areas which are disturbed in the earth removal operation shall be re- forested with fifty percent (50%) coniferous and fifty percent (50%) decidous trees planted at the rate of one hundred fifty (150) trees per acre. All trees used are to be a minimum of two (2) year transplants. Said planting shall be in accordance with the recommendations of the North Andover Tree"Department. Areas which are to be used for agricultural purposes after earth removal operations are completed may be reforested in the following manner: a) Trees shall be planted twenty-five (25) feet deep from a public road or property line. b) The remaining,area shall immediately be planted with grass or other suitable agri- cultural planting material. Permits issued by the Building Inspector for soil removal incidental to construction or for special purposes are exempt from reforestation para- graph. (7) Within ninety (90) days of completion of opera- tions, all equipment, accessory buildings, structures, and unsightly evidence of operation shall be removed from the premises. 5.9 Security Requirement (1) There must be filed with the Town Treasurer, a continuous bond or deposit of money in the minimum amount of One thousand dollars ($1,000) per .acre to be excavated, and shall be of a sufficient amount to cover ten (10) acres, or .the total parcel, whichever is smaller, as determined by and satisfactory to the Board. (2) After completion of the total project, and at the applicant's written request, the Board may grant a partial release of any security posted by the applicant. One (1) year after such a partial release is granted and if in the opinion of the Board, no damage or deterioration to the finished project has developed, the Board will issue a final release of the security. If, during the year following the date of a partial -49- 1 release, slumping, gullying; erosion, or any other unsatisfactory condition appears, the applicant shall be responsible for, and shall make any necessary repairs, before final release of security is granted. The bonding agent shall be required to give.the Board of Appeals, by Registered or Certified mail, a sixty (60) day notice prior to any termination or cancellation of the Bond. -50- M AFRILY11 lass . TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Combined Development Group III Trust 24 Gould St. Reading, MA 01867 Date MarO.12, 1987 .... . ................... Petition No.. ..38-87 ......... Date of Hearing. N4TPh IQ,. 1987. . Petition of ... CQpb.i.n.qd. PpyjajqppPpt. Grqtjp, JTI. TKvst .......... ......................... Premises affected ....... Lot. .8.0. (Bl). Turnpike. S.t ....................... ................. Per * t Referring to the above petition for a fid&; Se.ction. 5,.... . Paragraph.5.3.(l)..of.the.z,.oning.b.ylaws ........................ .......... ............. so as to permit - the removal. of .32,5.00 -cubic. -yards. of..f ill ........................... ........................................................................................ After a public hearing given on the above date, the Board of Appeals voted to .GRANT.....: the Spec-lal . Permit ................ U mo.tio, . ade.by.. Y izell a seconded Mr S91 u le,.the.Baard .Vote to G Ythe S ec al Pe it f r -the e Ciod/ site s et h in the an ba d upon e olloiving ndi ons: Str ct a here ce o Se do 5, Par graph .7 Oper tion -St hdard Par grap 5.8 Re orat o Stand ds Pa agr h 5:. S curit equirem nt w t the petitioner sting a bo $20,0 0 ith th own Tre s all.fees d before a permi for removal s issued. Copies of the abo Bylaws are attached. Signed Frank Serio, Jr., Chairman ............ ........ ..................... . N OF rICES OF: � Own 12O Main *** APPEAL e �:: N H A ER North A BUILDIN �, >.i. `fir Massa GONSE VATI N @s4ONU DIVISI N OF (617) 85 HEAL -IT' I PI .ANNI C, LANN G & CO M NITY EV OPMEN 001 a /.an1 1 L 0 ai St. rt dove KAREN H ,/Town Clerk . , M j01845 ear"Mr. Long: ELSON, D 1845 March 12, 1987 Petition #38-87 Combined Development Group III Trust Lot 80(B1) Turnpike St. The Board of Appeals held a public hearing on upon the application of Combined Development Group III Trust requesting a Special Permit quitknWz&-ef-Section 5, Paragraph 5.3(1) of the Zoning ByLaws so as to permit the moval of 32,500 cubic yards of fill from The following members were esent and voting: Frank Serio, Jr., Chairman, Alfre Frizelle, Vice-chairman, alter Soule, Raymond Vivenzio and Anna O'Connor. �a�, C/d \The hearing was advertised in the North Andover Citizen on December 4 and Decem 11, W 1986 and all abutters were notified by e ular mail. CAA - Upon a motion made y-Mr,-Frizel e and seconded by Mr. Soule, the Boar v.ot d to GRANT the Sfpfial Permit for the entire --site as s2tjorth in the plans q� _qthe following conditions: Strict adherence t3ffection 5, Paragraph 5.7 - Operation Standards; 'Paragra h 5.8 Restora on Standards; Paragraph 5.9 - Security Re- quire eTnt the petitioner post*= a bond -of $20,000 with the Town Treasurer and.a1 fees per.before a permit for removal is issued. The vote was unanimous. Copies of the above ByLaws are attached. thay�he\grantig.grbf this brhoo'd--crr- the ividura"£ion\a.f%t" �e int BOARD OF APPEALS 1 not rs the Z ni Frank Serio, Jr. Chairman Attachment /awt y d i• at��r t_1'DF r �i'87 1 {Mfi �t , i�� �;�i TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION Combined Development Group III Trust 24 Gould Street Reading, MA 01867 Date ...... March,l9,.!M ...... Petition No.... _ 38-87.................. March 10, 1987 Date of Hearing Decision......... . Petition of .......Combined .Development. Group. III..Trust ............................... Premises affected .........Lot . 80.(.Bl) . Turnpike . Straet.................................. Referring to the above petition for a . S p e c is l. Permit pursuant. to. S.ection. 5.,. Paragraph .5.3(1)..of. the. Zoning. Bylaws ....................... so as to permit ....... the .removal of. 32.,5.00. cubic .yards. of .fill ..................... After a public hearing given on the above date, the Board of Appeals voted to GRANT ...... the Special Permit ! !'!''!••!•_ t1 VOTE UNANIMOUS Signed Frank Serio, JiChairman ....................... .. _ .. , Alfred. Frizelle.,. Vice-chairman, . Walter Soule ......................................... .... Raymond. Vi,venzio................ Anna . 0.' .Connor ................... Board of Appeals r aceived by Town Clerk: r t T1�yfL.t11'�LJ , �L i..OsG AYE tiORt� �>,.R OV 31 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE 3p1 can t Combined nPVP i n„nlnnt �p T T T Address Q rte„ St l,e�c�c-�4a 018 Trust Application is hereby mades a) For a variance from the requirements 'of Section Paragraph and Table of the Zoning By Laws. b) For a Special Permit under Section 5,3Paragraph_1_of the Zoning By Laws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. a) Premises affected are land X -and building(s) numbered main-1-� Int 2C)(13l ) Tn r n n; k P gi-_ Street. ` b) Premises affected are property with frontage on the North South ( ) East ( ) West (X) side of Turnpike St., Rt. 114 Street, and known as No. lot 80 (B1) Turnpike St. Street. C) Premises affected are in Zoning District R2 , and the premise's. affected have an area of 1.8 acre%quare feet and frontage of _ 238.5 feet. i Ownership ' a) Name and address of owner (if joint ownership, give all names): Combined Development Group�TT Trust., ,7(-)hn R- R;yPrc Tr1144nm >, y 24 Gould St., Reading, Mass. ' l0 Date of Purchase 8/16Z,85 Previous Owner r,l�r T.T b) If applicant is not owner, check his/her interest in the premises's'-,- '`dr. Prospective Purchaser Lesee Other (explain) Size of proposed building: 30 front; •70 feet deep; Height 15' stories; 1 feet. 3200 sq.ft. ; _ a) Approximate date of erection: 1987-88 'l^ .,; b) Occupancy or use of each floor: residential c) Type of construction: wood frame Size of existing building: feet front; feet deep; Height stories; feet . a) Approximate date of erection: b) Occupancy or use of each floor: Y,s c) Type of construction: Has there been a.previous appeal, under zoning, on these premises? no If so, when?� �a . 4 ' 'it 3, 06escr ,.ption of relief sought on this petition ',,,permission to remove' -32,500 cubic yards of fill 84' Deed recorded in the Registry of Deeds in Book"�2'024 Page 298 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) Land contours and elevations are approximately 3' feet above road grade: I DroDose to remove the- fi 1 1 and aradP to a nra' annrnnri ata of oi7a+i r„,_ ' I agree to pay the filing fee, advertising in newspaper, and incidental expenses* // /\ Signature o e, itio -er s) Every application for action by the Board shkl be'made on a form approved. by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is, made on the 4 official application form. All information called for by the form shall be furnished by the applicant in the manner therein�::prescribed. M Every application shall be submitted with a list of "Parties In Interest". 4hich list shall include ,the petitioner, abutters,. owners of land directly opposite on any public or private street or way, and abutters to the abutters within'three hundred feet (300'.) of. the property line of the petitioner as they appear. on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town,.and the Planning Board every abutting city or town. *Every application shall be submitted with an application charge cost in. the amount of $25.00. In addition, the petitioner shall be' responsible for any and all costs involved in bringing the petition before the. Board."'...,,,"':'; ; Such costs shall include mailing and publication, but are not necessarily,.'' Limited to these. �very.application. shall be submitted with a plan of land approved by the ' 3oard. Nopetition will be brought before the Board unless said plan has Deen submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. LIST OF PARTIES IN INTEREST Name Address Middl'e,.�on Planning Board amain St., Middleton, Mass. 01949,. Andover'P anning Board, 11 Essex -St -,-.-Andover, Mass. 01810 Lawrence Pla ing Board 237 Essex St., Lawrence, Mass. 01842 Methuen Planning -Board 90 Hampshire St., Methuen -,`Mass. 01844 Boxford Planning Board Middleton Rd.; Boxford, 01921-... v . (use additional sheets if'necessary) �_tf�! `. 3 } i s� �� .... 9 i5 ��� � .,,Map 107B lot 80 (Bl) Combined Development Group III f The Caruso Co., Inc. ,,, Wiley'T. & Mary R. Richards ,�Abseb Rea).ty Trust Comm. of Mass. Dept. of Planning & Develop. Berry St. Trust L/ Spar & Spindle Girl Scout Council John -Ti-r-P �-ami n Farnum Jean Paul Proulx J-o_hn C a 1-ah-am—z- s o c. N Turnpike St., N. Andover 24 Gould St., Reading, Mass. 01867 PO Box 755, Littleton Ma. dlg6a 1459 Turnpike St., N. Andover, Ma 01845 r l A l � W614, F -E 1 e V eIl- T�ea-Gvz�'�pT Boston, Mass. 02108 197 Essex St . Swampscott, Ma. 225 Friend St., Boston, Ma 02114 16 Berry St., N. Andover, Ma. 01845 PO 1010, Middleton, Mass. 426 Farnum St., N. Andover, Ma. 01845 1812 Turnpike St., N. Andover, Ma 01845 166 N. Main St., Andover, Ma. 01810 r � F. D. Dewsnap Engineering Associates, Inc. 178 Lincoln Avenue Saugus, Mass. 01906 Telephone (617) 233-0595 November 14, 1986 Mr, Kevin Greus Rivers Development Corp. 24 Gould Street Reading, Mass. 01867 Re: Quantity Calculations Route 114 North Andover, Mass. Dear Mr. Greus: Please be advised that our office surveyed the land in question between November 3, 1986 and November 5, 1986 in order to deter- mine the approximate "in place" quantity. The bench mark for the work is a PK spike in a pole marked ME 25692 (NETT Pole No. 1390. The assumed elevation is 100.00. A base elevation of 101 was established at the property line. This elevation was carried across the site and connected to a 2 (horizontal) to 1 (vertical) slope off the elevation at the peak property line. No volume was considered within twenty (20) feet of the nearest point along the southerly property line. A sketch plan has been attached in order for you to see the area under consideration. The total volume within the area outlined upon Exhibit No. 1 is 32,500 cubic yards, more or less. This volume is an "in place" volume using those parameters outlined above. Sincerely, Frederick D. Dewsnap, Jr., P.E. 0 (a m m I O y N m x a o 0 n r � z m 0 m c Z ( v O 00 ° m v G 2 47 :w 114 ...... \ O O ,a ccnlrylo�� ;a rm -n �9 iv s rn o W a� SIBS �eSF6 RFq� TY W \-, -I— --,- / / ) .%,/ 96 / g6 of 0 C) m �m d N r—M N u C - W oc f ;Dmzr- Z /V • _ V1 to C= � (no W > p Zi aa..pp i 00v m O � E: o =� W 0; T W O 0O a� vo ®Z"7m �� CD o W a.O CDS (D 3 rr,0> D� tG N, � O m (D > Q En -IS jh N O 0��FOn W W Woo>> a OD N W Zy z I n a0 Wm m� v� y -s� (D Z 1,00 es \�o OD Z01 ON /00 go\ / / �'- �� \\\ Imo_ 1v ;o c O F O l \ 1 ,� •,� \ F of N / 1 � I � lI I �I • ,DN\ Os��d O •• g\\ :i a� ° m° m O A O Z N N 0 ;Dmzr- n m W > p O .. W 0; T W O 0O (nW n �� a.O CDS (D tG N, � O W W Woo>> a N W Zy -� a0 Wm m� v� y -s� (D Z CD _ r) N Vt p010\) IIS c01D '\ 313- zK a2, mN o 3 N b� O Oo N 0 a We o O� Ps 0 =CD 0 N CD -0 7 p m CD CD W to Ma �• Q W F Z o 0 W c m 0 •• g\\ :i a� ° m° m O A O N n C a( a m� 0 CD N Vt � c01D '\ 313- zK mN o -1• O Oo N 0 -1' n 0 Board of Appeals Town Office Building P -S, North Andover, Mass. 0184 gv, 1� OJI LZ Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE NORT►1 ' 01,.�•.1h0 November 28, 1986 �� •�,,! _ �' u� Notice is hereby given that p the Board of Appeals will give a hearing at the Town _ Building, North Andover, on �� b+•moo ;�+` Tuesday evening the 13 day of S January 1987, at . 7:30 JSACHU o'clock, to all 'parties in- terested in the appeal of Combined Development Group III. Trust, John R. Rivers, Trustee requesting a Special Permit of Sec. 5.3 Para. 1 of the Zoning By Law so as to permit the removal of 32,500 cubic yards of fill on the premises located at Lot 80 (B1) Turnpike St. . By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in North Andover Citizen December 4 and December 1, 1986 " 158 P., t r' 1 LZ Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE NORT►1 ' 01,.�•.1h0 November 28, 1986 �� •�,,! _ �' u� Notice is hereby given that p the Board of Appeals will give a hearing at the Town _ Building, North Andover, on �� b+•moo ;�+` Tuesday evening the 13 day of S January 1987, at . 7:30 JSACHU o'clock, to all 'parties in- terested in the appeal of Combined Development Group III. Trust, John R. Rivers, Trustee requesting a Special Permit of Sec. 5.3 Para. 1 of the Zoning By Law so as to permit the removal of 32,500 cubic yards of fill on the premises located at Lot 80 (B1) Turnpike St. . By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in North Andover Citizen December 4 and December 1, 1986 " 158 P., t NORTH - � A ♦ r 3A US TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Combined Development Gooup III 24 Gould Street Reading, MA 01867 Date: December 8, 1986 Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ 3.96 for the following: Filing Fee $ Paid Postage $ 3.196 yo Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, ,BOARD OF APPEALS Audrey,. Taylor, Clerk.