HomeMy WebLinkAboutMiscellaneous - Jerad Place IIzn , ,,
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in the Office of, tile. Zown
Clerk.
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Robert J. Janusz
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40 Sunset Rock Rd.
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Andover, MA 01810
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���SSACHUSE��� Y
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOAR® OF APPEALS
Petition #: 121-88
DECISION
RECEIVED
DANIEL LOP?G
NORTH AhOOVER
MAY
Z' 8 59 P Baa
The Board of Appeals held a public hearing on March 8, 1988, April 12, 1988 and
April 26, 1988 upon the application of Robert J. Janusz requesting a Special
Permit from the requirements of Section 5, Paragraph 5.5 and 5.6 of the Zoning
Bylaw so as to permit partial removal of a gravel esker which will be used in
road co.n;sa uction on site on the premises located atCJerad-Place l- The
followinglmembers were present and voting: Frank Seiro, Jr., Chairman, Walter
Soule, Rayriond Vivenzio and Louis Rissin.
The hearing was advertised in the North Andover Citizen on February 18, 1988
and February 25, 1988 and all abutters were notified by regular mail.
Upon a motion made by Mr. Vivenzio and.seconded by Mr. Soule, the Board voted,
unanimously, to [GRANT the-Special-Permit-.as._requested, subject to the following
conditions:
� l.y Section 5 of the Zoning ByLaws be adhered to, copy attached.
2. Traffic control required, subject to the decision of the
Chief of Police.
3. Speed limits be reduced in area.
4. Signs be put up. (Section 6.6).
5. Streets cleaned daily at end.of work day.
6. Damage done to road be repaired by petitioner.
7. Bond for $10,000.00 be posted(5.4).
8. Letter of Intent filed with the NACC and a request for a Determination
of Applicability of the wetlands act be filed with the NACC and, any
Orders of Conditions be adhered to.
The Board finds that the, petitioner has satisfied the provisions of Section 10,
Paragraph 10.3 of the Zoning ByLaws and the granting of this Special Permit will
not derogate from the intent and purpose of the Zoning ByLaws.
Dated th.-s 29th day of April, 1988. _
MAY 01 11988
/awt h oRTH ANDOVER
Attach. BUILDING DEPT.
41
BOARD OF APPEALS
Frank Serio, J .
Chairman
SECTION 5 EARTH MATERIALS REMOVAL
5.1 General
(1) Excavation,removal, stripping, or mining of any
earth material except as hereinafter permitted
on any parcel of land, public or private, in
North Andover, is prohibited.
(2) Exclusive jurisdiction to issue Earth Removal
Permits shall be with the Board except for
Permits allowed in Paragraphs 5.5 and 5.6.
(3) The Board or the Building Inspector shall have
the authority to issue an Operating Hours Ex-
tension Permit, as defined in Subsection 5.2
(4) The Building Inspector shall have the authority
to enforce all conditions of any Permit issued
under this Section on the Zoning By -Law.
(5) All earth removal operations in existence in
North Andover on the effective date of this
section shall be subject to the requirements
stated herein. However, all Earth Removal
Permits issued prior to the effective date of
this Section shall remain in effect until
their expiration date and/or annual review.
At such time, said operation shall be subject
to the provisions of this Section, unless
otherwise allowed by the Board, for a period
not to exceed six (6) months.
(6) An annual fee of One hundred dollars ($100.00)
shall be required for Earth Removal Permits.
Miscellaneous Earth Removal Permits shall
require an annual fee of Twenty-five dollars
($25.00).
(7) Violation of this Section of the Zoning By -
Law, notwithstanding the provisions of Section
10.13, imposes a penalty of Fifty dollars
($50.00) for the first offense, One hundred --.----
dollars ($100.00) for the second and each____
subsequent offense. Each day of operation
in violation of this section will be con-
sidered a separate offense.
(8) Any sanitary landfill operated by the Town of
North Andover shall be exempt from the pro
visions of this Section.
5.2 Definitions
(1) Applicant: the owner, or prospective owner by
reason of a Purchase and Sales Agreement, of the
land shown by the plan submitted with the Earth
Removal Permit Application.
(2) Earth Materials: '"earth materials" shall in-
clude soil, loam,lsand, gravel, clay, peat,
rock, or other allied products.
(3) Earth Removal Operations: the excavation, re-
moval, stripping,ior mining of any earth mater-
ial on any site within the Town of North
Andover.
(4) Operating Hours Extension Permit: a Permit
issued by the Board or the Building Inspector
for an extension of the time of operation for
trucking from'the�site until 9:00 -p.m.
(5) Board: Zoning Board of Appeals.
(6) Permit: the word "Permit" in the Earth Removal
Section shall mean and inlcude a Special Permit
for earth removal as issued by the Special
Permit Granting Authority.
5.3 Application for Earth Removal Permit
(1) All applicants for Earth Removal Permits must
submit seven (7) copies of the following
information concerning the proposed site of
the removal operation to the Board thirty
(30) days prior to submission of an appli-
cation for an Earth Removal Permit. The
Board shall distribute the information to
the Planning Board, Building Inspector,
Conservation Commission, Board of Health,
Highway Department, and Police Department,
so that recommendations from these depart-
ments may be submitted for the required public
hearing.
(2) A plan or plans to scale, (1"=401) prepared and
stamped by a Registered Engineer, showing the
property lines of the parcel of land under con-
sideration along with all abutters to the
property, existing and final contours in five
foot (51) elevation increments, existing and
proposed final drainage of the site, including
all culverts, streams, ponds,swamps, and silta-
tion basinls, means of entrance and egress from
the proper ity, locus map, and any other perti-
nent data deemed necessary by'the Board.
(3) A plan, study, or report showing the proposed
ultimate u'se of the land conforming with the
existing Zoning By -Law. Proper planning for
future land use shall be a prime consideration
affecting thte issuance of an Earth Removal
Permit.
(4) A complete list of the names and addresses of
current abutters of the property where such
removal is proposed.
(5) An operating schedule showing the active area
(not to exceed five (5) acres) where the earth
removal will begin and also how the total parcel
will be developed in progressive five (5) acre
increments:
5.4 Permits for Earth Removal
(1) The Board may issue Earth Removal Permits for
any zoning district, complete with conditions
imposed, for areas not to exceed forty (40)
acres. A11 Permits shall conform to the
minimum restoration and operating standards
contained herein and such other conditions as
the Board may deem necessary. Said permit shall
allow the working of only five (5) acres at any
one time. Upon completion of the earth removal
operation on a five (5) acre parcel, or a part
thereof, and substantial restoration of said
parcel as determined by the Board, according to
the restoration standards at the Permit con-
ditions, application may then be made to the
Board for a Permit renewal. Such Permit renewal
shall allow the removal of earth on another five
(5) acre section, as shown by the operating
schedule submitted with the Permit application.
This procedure shall be followed until the
operation is completed.
(2) The Permit shall be considered a non -trans-
ferable revocable Permit to remove earth
materials. It it is found that incorrect
information was submitted in the application,
or that conditions of the Permit are being
violated, or that the governing regulations
are not being followed, the Permit shall be
suspended until all provisions have been met
and the premises made to conform. Failure
of the Permit holder to comply within the
time specified by the Board for correction
of -violations shall cause the Permit to be
revoked, forfeiture of the security to the
Town, and the imposition of all fines as
set forth in Paragraph 5.1 (2).
(3) The Board shall discuss and review the permit
periodically; and at a minimum, annually.
Written progress reports showing conformance
with regulations and Permit conditions shall
be submittedlto the Board by the Building
Inspector orlhis designated agent every three
(3) months. ,
(4) An Earth Removal Permit shall not be in effect
until the applicant has filed the proper
security as required in Paragraph 5.9, paid
the requiredfees as required by Paragraph
5.1 (6), and recorded the Special Permit at
the Registrylof Deeds.
t
(5) Mechanical crushing and screening may be per-
mitted by the Board after a public hearing
with due notice given.
5.5 Earth Removal Incidental to Development, Construc-
tion, or Improvement
(1) This regulation shall be deemed not to pro-
hibit the removal of such sod, loam, soil, clay,
sand, gravel, or stone as may be required to
be excavated for the purpose of constructing
ways in accordance with lines and grades
approved by the Planning Board, or for the
purpose of constructing underground utilities.
(2) Where soil is to be removed in connection with
the preparation of a specific site for building,
removal may take place only after the issuance
of a building permit by the Building Inspector.
Removal will be allowed only from the the area
for the building, driveways, parking areas, and
from.areas where removal is specifically re-
quired by the; Board of Health in connection
with disposal systems. Where special cir-
cumstances exist requiring general regrading,
removal of peat, etc., the builder may file a
plan and request for an additional soil re-
moval permit with the Building Inspector as
provided in Paragraph 5.6 below.
(3) Where excavation, removal, stripping, or
mining of earth -on any parcel of land, public
or private, is made necessary. by order of any
other Board or Agency of the Town, such exca-
vation, remodal, stripping, or mining, if in
excess of one -thousand (1,000) cubic yards
shall be governed by the provisions of Section
5.6 of this by -Law.
(4) Excavation, removal, stripping, or mining of
earth incidental to improvements shall be
governed by the provisions of Section 5.6 of
this By -Law.
(5) All earth removal, excavation, stripping, or
mining as allowed under this paragraph shall be
governed by the provisions of Section 5.6 of
this By -Law.;.
5.6 Miscellaneous Removal of Earth
(1) Excavation, removal, stripping, or mining of
miscellaneous amounts of earth as allowed under
Section 5.5 is permitted provided the excava-
tion, removal, stripping, or mining is necessary
for the improvement or development of the pro-
perty on which the excavation or removal takes
place.
(2) Excavation, removal, stripping, or mining of
aggregate quantities of less than fifty (50)
cubic yards on any one general site requires
no formal approval. Where the excavation,
removal, stripping, or mining of soil is in
quantities in excess of fifty (50) cubic yards
but less than one -thousand (1,000) cubic yards,
application must be made to the Building In-
spector for a Miscellaneous Soil Removal Permit.
Where special circumstances exist which requires
the excavation, removal, stripping, or mining
1;1
of soil in excess of one -thousand (1,000) cubic
yards, but less than five -thousand (5,000) cubic
yards, a Permitjmay be granted by the Board for
such removal without a public hearing.) However,
where the excavation, removal, stripping, or
mining exceeds five -thousand (5,000) cubic
yards, then a public hearing will be necessary
and the Permit granted shall indicate the
approximate quantity of soil to be removed, the
purpose of removal, and the location of the
site of removal! The Permit shall also specify
that upon completion of excavation, exposed
subsoil shall be graded and covered with loam
to a minimum depth of six (6) inches and that
the removal is to be controlled by the appro-
priate section of Paragraph 5.7 (Operating
Standards). Itis further provided that except
where removal under this Paragraph is done in
connection with the formation or enlargement of
a pond, excavat+l,ion shall not be permitted below
the mean grade of the street or road serving
the property. IThe excavation of said pond in
any event shall1ot be such as to change the
direction or flow of a water course or to cause
surface water too gather as a sump or swale.
Excavations for burying large rocks and stumps
shall immediately be back-filled for safety
reasons. Failure to -meet the requirements
of this Paragraph shall be deemed a violation
of thte Zoning!By-Law.
5.7 Operation Standards
(1) Time of. Operation.
a)• Excavation and site maintenance may be
carried on ll from 6:30 a.m. until 7:30 p.m.,
Monday through Saturday.
b) Trucking from the site may be carried on
from 7:00 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.
(2) Site Preparation.
a) Onlyj 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 predesignated
areas as shown on application plans.
d) Any change in stump burial must b sub-
mitted to the Board for approvale sub
.
(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) Priorto 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
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
prevent abutting properties from flooding.
c) Said bank ,height shall be computed, for a
fifty (50)i 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.
A minimum of One Hundred -fifty (150) trees
per acre shall be used for this reforesta-
tion.
Areas which are to be used -€o -r --agricultural
purposes after earth removal operations are
completed may be reforested in the following
manner:
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 Roads.
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.
a) All crushing and screening Permits shall be
granted for a period not to exceed six (6)
months.
b) Said Permits shall be granted as a cleanup
procedure only.
C) Washing of1processed material will not be
allowed.
d) Operation of crushing or screening equipment
shall be from 7:30 a.m. until 5:00 p.m.,
Monday through Friday.
e) All crushing and screening equipment shall
be equipped' with suitable dust and noise
control devlices.
5.8 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-
paired immediately.
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(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.
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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,
VE
during the year following the date of a partial
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.
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Clerk. "
Robert J. Janusz
40 Sunset Rock Road
Andover, MA 01810
a• APRION
1855
TOWN OF NOR'T'H ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
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TOWN C,1.1 --.RK-,,
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Date ...April. .29, •1988......... .
Petition No.. 1.2:1,88 .............
March 8, 1988
Date of Hearing ..Ap r i I - •1-2-,.-19 8 8 •
Decision: April 26, 1988
Petition of .. Robert J. Janusz
.......................................................................
Premises affected .. Jerad Place Al
1 Permit Section 5,
Referring to the above petition for a from the requirements of the .................
Paragraph 5.5 and 5.6 of the Zoning Bylaw
........................................................................................
so as to permit partla.l .remoyal..of , a, gravel . esker ,which will , be, used , in, road
I
construction on site on the premises 1'ocated at Jerad Place II
........................................... .............................................
After a public hearing given on the above date, the Board of Appeals voted to GRANT . . , the
Special Permit .... and hereby authorize the Building Inspector to issue a
Robert J. Janusz*
permit to .................. I ...............
..........................
for the construction of the above work, based upon the following conditions:
SEE PAGE 2
i
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Signed
Frank Serio, Jr., Chairman
.......Walter Soule .......................
Raymond Vivenzio
.........................................
Louis Rissin
.........................................
..................................
Board of Appeals
Page RobeIrt J. Janusz
s
Upon a'motion made by Mr. Vivenzio and seconded by Mr. Soule, the Board voted,
unanimously, to GRANT the Special_ Fermit as requested, subject to the following
conditions:
1. Section 5 of the Zoning ByLaws be adhered to, copy attached.
2. Traffic control. required, subject to the decision of the
Ch.i.ef. of Police. ;
3. Speed limits be.reduced i.n area.
4. Signs be put up. (Section 6{6).
5. Streets cleaned daily at eti3 of work day.
6. Damage done to road be repaired by petitioner.
7. Bond for $10,000.00 be posted(5.4).
8. Letter of :Intent filed with:the NACC and a request for a Determination
of Applicability of the wetlands act be filed with the NACC and, any
Orders of Conditions be adhered to.
C