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HomeMy WebLinkAboutMiscellaneous - Jerad Place II (2)c Legal Notice TOWN OF NORTH ANDD' MASSACHUSETTS BOARD OF APPEALS NOTICE February 16, 1988 Notice is hereby given that the Board of Appeals will give a hearing at the Town � + o"��..,.�-�,� +� . Building, North Andover, on �i 0�„r;, �� ry I4esday evening the 8th day 1 9SSACHUst of March '1988, at 7:30 tj o'clock, to all parties in- iterested in the appeal of Robert J. Janusz requesting a Special Permit of Sec. 5, Parag. 5.5 & 5.6of the Zoning By Law so as to permit partial removal of a gravel esker which will be used in road construction on site on the premises located at Jerad Place li By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in North Andover Citizen February 18 and February 25,1988 49025-26 Legal Notice ITOWN OF NORTH ANDOVER MASSACHUSETTS-, F : BOARD OF APPEALS NGTICE of .,.o • do February 16, 1988 ? .•'��,•i• �� 3 •{ -- r -,� Notice is hereby given that F p the Board of Appeals will give �1 * a' hearing at the :Town �o,A Building, North Andover, on *b�"��;;�" Tuesday evening the Bth day b ,... 9ssAc►+us r of .March 1988, at 7:30; o'clock, to all pa in terested in the appeal of RobeR J. Janusz requesting a 'Special Permit of Seca 5, Parag. 5.5 & 5.6of the Zoning By Law so as to pemilt partial removal of a gravel esker which., will be used in road construction on site an the premiseV located at•Jerad Place 11.• eats, By Orr trnkSerihe Bo�Jr, Chairmof an a Pubiish in. North Andover. Citizen February 18 and February 49025-26 25, 1988 ? _ - THOMAS E. NEVE, P.E., R.L.S. ENGINEERS 447 OLD BOSTON ROAD LAND SURVEYORS TOPSFIELD, MA 01983 LAND USE PLANNERS (617) 887-8586 to 4 f• APRIL71+ 1855 CHIl°��'4'� •��Vfff+ TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS February 16..._..19.88 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Tuesday evening ........... the .8.th . day of ... March .......... .. . 19..88, at.7..3O'clock, to all parties interested in the appeal of Robert . J.. J.ausz , . pecial Permit' ......................... requesting amwxiatim of Sec... 5 , . Parag 5 , 5. Fof the Zoning . By Law so as to permit...................56 .............. partial removal of a gravel esker which will be used ...................................................... in road construction on site. .................................................. ................................................. I.... ...................................................... on the premises, located at. Jer.ad .P1ace..Ii ............... ...................................................... By Order of the oard /of Anneals Frank Se io, Jr� CFia"irman Publish in the N.A. Citizen on February 18 and February 25, 1988 Ani �r�,.. G. 0 co c':�t> Town in the U lice of. the. Clerk. * Robert J. Janusz * 40 Sunset Rock Rd. * Andover, MA 01810 * * * * TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition #: 121-88 DECISION RECEIVED DANIEL LONG TO4gN i LF -11n N4P�TH All MER MAY Z 8 59 PN It 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 construction on site on the premises located at Jerad Place II. The following members were present and voting: Frank Seiro, Jr., Chairman, Walter Soule, Raymond 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: 1. 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 this 29th day of April, 1988. BOARD OF APPEALS Frank Serio, Jif. Chairman /awt Attach. 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. 0 0) . (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, sand, gravel, clay, peat, rock, or other allied products. (3) Earth Removal Operations: the excavation, re- moval, stripping, or 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 basins, means of entrance and egress from the property, locus map, and any other perti- nent data deemed necessary by*the Board. (3) A plan, study, or report showing the proposed ultimate use 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. All 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 submitted to the Board by the Building Inspector or his 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 required fees as required by Paragraph 5.1 (6), and recorded the Special Permit at the Registry of Deeds. (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, removal, 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 N of soil in excess of one -thousand (1,000) cubic yards, but less than five -thousand (5,000) cubic yards, a Permit may 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). It is further provided that except where removal under this Paragraph is done in connection with the formation or enlargement of a pond, excavation shall not be permitted below the mean grade of the street or road serving the property. The excavation of said pond in any event shall not be such as to change the direction or flow of a water course or to cause surface water to 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 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) 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 predesignated 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 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) 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.stree is 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 of processed 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 devices. 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. (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 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. f Q 1 f, 0 1 \"Jit',1t1� 1 pts �` oW n: in the Oliice Clerk, Robert J. Janusz 3 41coR►� ITS 6 : AMOM TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION l U�fYFY ,A4fiFl`t_ f_0'hG p0�•1'FE �.��E�OVfr•R 40 Sunset Rock Road Date ...April. .29, •1988• • • • • . • . • . Andover, MA 01810 Petition No... •121-88............. March 8, 1988 Date of Hearing ..April • •1.2,. • 19 8 8 • . Decision: April 26, 1988 Petition of .. Robert J..Janus ............z ........................................................... Premises affected .. Jerad .Place.II ......................................................... 1 Permit Referring to the above petition for a 4999 ection 5, from the requirements of the . S e c t ion. . Paragraph 5.5 and 5.6 of the Zoning Bylaw ..:........................................... ............................................ so as to permit partial .remPyal..of . a, gravel. esker which will be used in road construction on site on the premises located at Jerad Place II .............................. ......................................... I................ 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 permit J. Janusz to............................................................................... for the construction of the above work, based upon the following conditions: SEE PAGE 2 Scgned Frank Serio, Jr., Chairman .......Walter Soule ....................... Raymond Vivenzio Louis Rissin ......................................... .................................. Board of Appeals Page 2 Robert J. Janusz 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 Chief. of Police. 3. Speed limits he.rednced 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. • n— . A OF e,ORTH t - n9 �'�SSACNU5t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * * Petition #: 121-88 Robert J. Janusz * 40 Sunset Rock Rd. * DECISION Andover, MA 01810 * * * * 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 construction on site on the premises located at Jerad Place II. The following members were present and voting: Frank Seiro, Jr., Chairman, Walter Soule, Raymond 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: 1. 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 Appl,bcability of the wetlands act be filed with the NACCt and ail "z4v 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 this 29th day of April, 1988. BOARD OF APPEALS Frank Serio, Jr. Chairman /awt Attach. l Received by Town Clerk:. `" RElrE1Yf f DANIEL i f1N NORTH1._*f; It Ei Rini �b V'ER f 6 TOWN OF NORTH ANDOVER, MASSACHUSETTS FEB 10 21 AM, 188 BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant RobW J. Japwz Address40 Sunset Rock Rd., Andover, Ma z. 01810 1. Application is hereby made: 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 5.5/ of the Zoning Owner RobeAt Peebtes K,itthedge By Laws. _Paragraph c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. j 2. a) Pr mises aff cted are land --_and building(s) _numbered Street. b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( ) side of Street, and known as __ _ No. - Street. c) Premises affected are in Zoning DistrictR-1 , and the premises affected have an area of 33,000 square feet and frontage of -0- —feet. -- -- /� _ /2 3. Ownership a) Name and address of owner (if joint ownership, give all names): RobeAt J. Janusz, 40 Sunzet Rock Rd. �_Andoven�_Ma z. 01810 Date of Purchase 12/6/85 Previous Owner RobeAt Peebtes K,itthedge b). If applicant is not owner, check his/her interest in the premises: Prospective Purchaser TLesee Other (explain) 44 Size of proposed building:'—front; front; feet deep; 11 Height stories; ---feet. a) Approximate date of erection: b) Occupancy or use of each floor: c.) Type of construction: 5. Size of existing building: --------feet front; Height _--stories; — feet. a) Approximate date of erection: -------__— b) Occupancy or use of each floor:_ feet deep; I .) Type of construction: --__-_---_— _ 6. Has there been a previous appeal, under zoning, on these premises? no If so, when? ; 7;,' Des ription of of a atc.avet :e,�ketr_. relief sought on this petition A�"Pehm-i t Um the pa tial nemciyap .8. Deed recorded in the Registry of Deeds in Book 9102 . Page 294 Land court Certificate No. Book Page ,The principal points upon which I base,my application are as follows: :•(must be stated in detail) ' * Au hon i ty a gnavit petemd t 4z contained tin ,jan.aatra.ph 5.6(2) -o4 7`an i.UaBy I amm The nedueed si.i o�xhe u k eh_ ut i M he r rin�:i. ,,t with f u tutee Land 1�P � �,e_nz Ana th,i A p&apz f y,' * Ut ,P,i,;vin. f%;A tl;nln r,,1f70;•i=,. WiU mtin.cmcie heave tAuck •woutd be "I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Si a re of P thio er— Every application for action by the and shall be made on a form approved by,the Board. These forms shall be furnished by the Clerk upon request. t' 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 official application form. All information called for by the form shall ' be furnished by the applicant in the manner therein.prescribed. ,Every -application shall be submitted with a list of,•"Parties In Interest"• which 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 of... +: ,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.::..'':'i'.► Such,costs shall include mailing and publication, but are not necessarily; -''.::;*::.'-i' limited to these. !�?� Every application shall be submitted with a plan of land approved by the Board.- No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. r LIST OF PARTIES IN INTEREST Address (use additional sheets if'•necessary) A E•+ z w H a u H N H a Cl) C4 W Ei Ea D A 0 0 a a. a 0 z as O h '!1 Ei z o u E4 E4 �O a P4 x cn u x 0 O 0 o O r1 O sr 1O O M V' tl1 d' M O ri rl i -•I O r -I H r -r r -i H I I rl W U U U U U Ln a a 10 O 10 O w o 10 0 u1 o Ln O Ln o Ln O Ln o O H O ,•� 1�G O W� Q Q.i Ln O r. o N o w r m H er 01 w 01 Co co 10 01 M W LL N N N M M d' v l N N 10 qw N W 4-10 qw A O O M 01 O r O 00 Ln H w O A-1 04 N O N O sN M 10 M N 01 O N r- r 1 01 co 01 M r -I N r -i aM H N H N r -I H Ol C7 H o o v o b a .�e ago coo O x x a ro Ln a O cn • 4J D N 0 0 U U 0 00 Q 9 4J m u > a> 00 ` as ' .. x a� U� b 0 xV zA D ri D 0 r 0 4J Qro Q ro 0 0 b. ro 0 t~ +J o � 41 r. o 0 v a •w o 44 > b aa) • U)0% •r•I 1'4 3-I tP •r•I 44 N k UI H 10 9 H x 0 N F1 W U9 U� UO % rdv zD OA a1 tiox z0 Ov OD Ov 0> 0 k 0 17010 Ora mr. 0 OD c� � o 00 'N r-4•F-� a 0 0a O;.r-A m o to 0 to 0 Ea •W 00a rn 0 r-1 z .-r z '.�, d' a' H 3 M oa oa 4 U N o z o� tel' a' w v z � O U •� A � 0 � b b z N 'H A 4J N N N w tLj � 0 W C O v N m rd 0 a •H H 0 0 0 0 0 w .H V 0 v rn a W f0A h h U >`I N 0 ¢ v tr1 I w a 4-) 0 , w -H h N 41 u h h v h w O N �a b� 0 4AN +W 41 o 9N 41 v N ro 0 v�a v r1 0 +1 rd 0 0N0 s'•1 N w o v J.1 v 44 > 4J N •r••r A _N L W�o 09 � ° > 4u Aww° av ° a z v,z &FFICES OF: APPEALS BUILDING CONSERVATION HEALTH PLANNING of NonrH q Town of 120 Main Street NORTH ANDOVER North Andover, Massachusetts 01845 9gs4CHU5Et DIVISION OF (617) 685-4775 PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR March 11, 1988 TO: .ZONING BOARD OF APPEALS FROM: NANCY SULLIVAN CONSERVATION ADMI STRATOR RE: COMMENT ON EARTH REMOVAL LOT # 29 JERAD PHASE II The Conservation Commisison would request that before the earth removal take place a Request to Detemine Applicabilty be filed. There are resource areas on the parcel of land known as Lot fir` 29, and we would like to know specifically where the removal site will be and the location of the roadway used for ingress and egress. r JL NORTH ANDOVER POLICE DEPARTMENT Officer's Report Subject Zoning Board of Appeals,Earth RemovalPermit Jerad Place II. Date March 15, 1988 Time Names & Addresses of persons involved: Robert J Janusz 40 Sunset Rock Road Andover Mass. A request for a Special Permit has been made to the Zoning Board of Apeals, this permit is a request from Robert J Janusz to allow the removal of gravel from one section of his property and put it on another. The section where the Gravel is to be taken from is off Boxford Street. The vehicles will be hauling on Boxford St Candlestick,and Forest Streets. I do not have a problem with what the developer is trying to accomplish, he will have to have gravel in one section of his development and has it available on another section. He will be able to take care of his needs very nicely if the permit is granted.It will also mean that this gravel will not have to be moved in from out of town, which would cause an .even bigaW problem for OO our Dept. in checking the vehicles used for this operation. There are several problem I would like to address on this Permit. I would like to require before any work takes place that Construction Signs be placed on both ends of the Boxford St-reet route. These signs to be 4#Sj4 used will be the Advance Road Construction type as shown in the Manual on.Uniforn Traffic Control Devices Section 6B Page 18.These signs to be placed 1500 feet from the construction site on Boxford Street in both directions. I would also request that these signs be placed on Forest Street 1500 feet from the site. I would also ask that we be allowed to reduce Officer's Signature %Z NORTH ANDOVER POLICE DEPARTMENT Officer's Report Subject Zoning Board of Appeals,Earth RemovalPermit Jerad Place II. Date March 15, 1988 Time Names & Addresses of persons involved: Robert J Janusz 40 Sunset Rock Road Andover Mass. A request for a Special Permit has been made to the Zoning Board of Apeals, this permit is a request from Robert J Janusz to allow the removal of gravel from one section of his property and put it on another. The section where the Gravel is to be taken from is off Boxford Street. The vehicles will be hauling on Boxford St Candlestick,and Forest Streets. I do not have a problem with what the developer is trying to accomplish, he will have to have gravel in one section of his development and has it available on another section. He will be able to take care of his needs very nicely if the permit is granted.It will also mean that this gravel will not have to be moved in from out of town, which would cause an .even bigaW problem for OO our Dept. in checking the vehicles used for this operation. There are several problem I would like to address on this Permit. I would like to require before any work takes place that Construction Signs be placed on both ends of the Boxford St-reet route. These signs to be 4#Sj4 used will be the Advance Road Construction type as shown in the Manual on.Uniforn Traffic Control Devices Section 6B Page 18.These signs to be placed 1500 feet from the construction site on Boxford Street in both directions. I would also request that these signs be placed on Forest Street 1500 feet from the site. I would also ask that we be allowed to reduce Officer's Signature r NORTH ANDOVER POLICE DEPARTMENT Page 2 the speed in this Construction Zone to 25 M.P.H. and that signs be placed 1000 feet from the site to indicate this change. These signs to be the type shown in the Uniform Traffic Control Device Manual Type R2 -5b shown on Page 6B -15- I would also request that the Zoning Board of Apeals make clear to the Developer that if the Chief of Police or his agent feel that a Safety% Hazard exist by this construction zone the Chief of Police will require that a traffic control Officer be used.The type of Officer to be determined by thet Chief of Police. I would also request that a person from the construction company doing the work be requi&,ed to travel the route used by the vehicles hauling the gravel each day,at the end of the work day,and clean any section of street where there might have been a spill. I would also make it clear to the develpoer that strict enforcement of all vehicles used in the hauling of the gravel from one site to the other can be expected. Officer's Signature 7 i y4 `. paadg�' =s: y lta . tz .LSUOtt$ �. ry s �. . paadS, } F 7 r. paadg�' =s: val sub tz } F PAUL S. NIMAN DIRECTOR TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS 884 OSGOOD STREET. 01845 Zoning Board of Appeals 120 Main Street North Andover, MA. 01845 Gentlemen: The -Division of Public Works has reviewed Janusz for a permit to remove gravel from Lot following response to the proposal: TELEPHONE 687.7964 the request from Mr. Robert J.7 # 29 Jerad Place -II and has the 1. The applicant in proposing that the gravel be used for extending Candlestick Road is making the assumption that the so called "bank run gravel" will be of a quality and grading which will meet our specifications for road gravel. The gravel in the area is of good quality, but based on what was found in other local pit operations, there is a high percentage of aggregate in the gravel in excess of 6" which is not acceptable. The gravel in the area also may have numerous large boulders which can present some difficulty in removing good gravel and in clean up and restoration of the area. If the "bank". run gravel" were deemed unsuitable, it: would have to be either screened or processed to be acceptable as road gravel to be used in the subdivision. If the gravel is suitable, we recommend that strict permit require- ments be made to insure that only the yardage required to construct Jerad Place II be removed from the proposed site and that gravel be hauled exclusively to the subdivision along a designated route. In order to control trucks entering and exiting Boxford Street for safety reasons during gravel removal, we recommend that a police officer be detailed. Any permit granted should include conditions which insure that there is no damage to existing roadswhich can easily happen during periods of wet weather, that any spillage, mud, or dust problems are kept completely under control, and that the nuisance to the abutting properties caused by noise and truck traffic is kept to a minimum. Finally, we recommend that as a condition of approval the owner be required to remove all construction material, excess boulders, equipment, and other debris remaining on the job as a result of earth removal operations and to regrade to match existing contours, restore the area with an equivalent depth and quality of loam and render the site of the work in a neat and orderly condition. 4 } f`� Pagel A bond amount of $10,000.00 should be sufficient for security to insure that the area is returned to a suitable ccndition. Very t my yours, 4 ` � J J. William Hmurciak Director of Engineering, & Administration JWH:lb ��� �� TownTown ��' ��7���� ^����m�����^�����r���= ~�gHU DIVISION OF PLANNING & COMMUNITY DEVELOPMENT KAREN 8.P.NELSON, DIRECTOR MEMORANDUM TO: Board of Appeals | FROM: Scott A. Stocking,_Z�4�planner DATE: March 14, 1988 � RE: Bond Amount for Earth Removal Permit 120 Main Street North Andover, Massachusetts 0/845 (0/7)O85-4775 ^ Staff's major concerns are to insure sufficient bond money available to the Town to restore the area if the developer fails to conform to Section 5 of the Zoning Bylaw. Staff has discussed the matter with Department of Public Works and we concurr with the figure they have submitted. Theother major concern is the transporting of the gravel to the site. Key items of importance are: (1) The time when the material is moved (2) Volume carried per load (weight of the vehicle) (3) Method of transport (secure methods to avoid spills) If the Board requires any additional assistance, please let me know. �d 4 Cd 3 OFFICES OF: APPEALS BUILDING CONSERVATION HEALTH PLANNING 3� :NORiryq p0 " Town of o m 120 Main Street *_ * NORTH ANDOVER North Andover, # o•"sem ;9 •o;° oY�. ��' Massachusetts O 1845 °ggowusE` DIVISION OF (617) 685-4775 PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR MEMORANDUM TO: Board of Appeals FROM: Scott A. Stocking, DePlanner DATE: March 2, 19BB RE: Jerad Place II Special Permit Under Section 5 I have the following comments regarding this application: (1) The plans should be forwarded to the Town Departments for review as specified in Section 5.3. (2) Should the Board see fit to grant this Special Permit the following conditions may be appropriate: (a) The applicant shall adhere to the requirements contained in Section 5.7 (Operation Standards) and Section 5.8 (Restoration Standards). (b) Number of acres to be excavated should be determined and a performance bond posted for the work as required in Section 5.9 (Security Requirement). Staff does not have a problem with the applicant utilizing the gravel near his proposed construction site, provided that the project meets and adheres to the standards contained in Section 5 and that sufficient bond money is available for use by the Town should he fail to perform as required. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS MEMORANDUM TO: Scott Stocking, Town Planner FROM: Zoning Board of Appeald,CU4�-e; DATE: March 9, 1988 RE: Robert J. Janusz, Jerad Place II The Board held a public hearing on the application of Robert J. Janusz requesting a Special Permit of Section 5, Paragraph 5.5 and 5.6 of the Zoning Bylaw so as to permit partial removal of a gravel esker, to be used for road construction and landscaping, on site. As required in Section 5, Paragraph 5.9 of the Zoning Bylaw, a continuous bond or deposit of money must be filed with the Town Treasurer. The Board requests your suggestions as to the total amount of bond you feel is necessary for this Special Permit. /awt a r Eebtuany 15, 1988 Town o6 Notth Andover Zoning Board o4 Appeatz 120 Main StAeet Notch Andovet, Mas,s. 01845 Dean ZBA Membeu: A teque�st is hereby submitted to the ZBA under panagtaphs 5.5 (EaAth Aemova ,incidentat to deve.eopment, eonstt.uction, of improvement) and 5.6 (Mi,sce taneou,s Aemova oh) bot a petm.it 6oA the excavation o4 apptox.i- mate.ey noun -thousand {406516n—cubic yards o6 gta vet 6.tom Lot #29, JERAD PLACE II. The putpo6e o4 the excavation iz to utitize avai abte gtavet ,in a targe aket on site 4ot toad contsttcuction. The size o4 the esk(?A is'apptox-imatety two- thirds o4 an acne and its reduction .in size is an integut pato o� the devet- opment peans . 4 of this pto petit y . BACKGROUND: Re6eAenee .ins made to the 6oteowing Section, o6 the Zoning By -Laws: 5.1 (2) Exceusi.ve jm"' Lietion to iz sue eaAth temovat petm,f tis shat be with the Board except bot petm,it6 allowed ,in Panagtaphs 5.5 and 5.6. 5.5 (4) Excavation, temovat, 'stAipp,ing, of mining o6 eatrth ,ineidentae to .imptovements tshaU be governed by the pnovi6 ions o6 Section 5.6 o4 the By -Law. 5.6 (2) wheAe the excavation, temovat.. stripping of mining o6 soit is in quantities .in excess o4 � i4ty (50) cubic yands but tezz than one - thousand (1,000) cubic yatdt6, appt ication must be made to the Buieding Inspectot .bot a miscettaneou.5 sod e removat petm.it. WheAe speciae e it cumstancez exist which tequ,ius the excavation, temovat,, tstAipp,ing, of mining o6 soit .in exce.6,s o6 one -thousand (1,000) cubic yardts but to z than 6iv e: -thous and (5,000)cubic yaAd s , a p etm,it may be gtanted by the Board 6oA such temovat without a pubtie hea ing. PURPOSE: 1.) The gtavee wit be used bot toad con,stAuction punposez. Apptoximatety 2800 cubic yards wilt be nege,viced bot extending Candeatick Road to comptet%on (1258') and 1100 cubic yards tequited Jot the con- sttcuetion o6 JeAad Ptaee Road -(6471) . 2.) The xeduction in size o� the e6ket is cons i6tent with .Long -tetra .eand use ptans {got Land devetopment as can be seen 6tom the pte- t%mincctc.y subd.ivi,5 ion plan o6 JERAD PLACE - PHASE III. .� ADDITIONAL INFORMATION: 1.) A study o6 the esketc per6ormed by Thom" E. Neve Azzoc iatu, Inc. indicates the 6ottowing ut matu o6 grave.2 at vaxiouz etevati,ons in the e�sketc: # Cubic Votcds 140' - 145' 600 135' - 140' 1,484 130' - 135' 2,443 Sub -Total 40527 125' - 130' *(not reguiAed) 3,523 Tom 8,050 2.) The North Andover Ptanning Boated dizapproved the pxetim.inany plan 4ar JERAD PLACE III and stated: "The roadway wowed requite extensive 4it ing to accezt6 uptanA. The NACC wooed recommend that the appt icant attempt to gain access &nom Box6oxd Sttceet. " We concutc with this recommendation and continue to puuue atteA- nativez ,in ga,inig accu s to Box4ord StAeet. As such, we ate not .in a position to 4.ina,e ize deve.eopment ptant6 fox thi6 propetc ty. 3.) It is quite dean that reduction .in size o6 the usher wiU be con,si,stent with 6utune deve.eopment ptans 6or the site. White there ane other sub,5ta.nt at depozits o6 gravete on this site, we a&e not .interested ,in puti�su,ing an earth nemovat permit untie ptan,s ane completed. 4.) Utit ization o4 avaitabte on site gxave.e wou-ed reduce the amount o4 heavy ttcuckin.g which iz present ty xegu ted ,in tAanspot ting gxavee 4xom New Hampshae. 5.) I have enceos ed the 6 of e.owing : a.) An app.e icat i.on jor a s peci.a e penm.i t under Section 5 Paragxaphz 5.5 and 5.6 o6 the Zoning By -Laws. b.) A Locus o6 JERAD PLACE 11 (Key Map 1" = 600'). The source o6 gtave.e .is on Lot #29 which contains 37 actces. It compxiza the major portion o4 JERAD PLACE 11 which doers not contain a road netwotk. The pancet comet within 500' o4 Box6oxd StAeet and there iz a togging tha,ie which woutd serve ass the accaz to gxavee depn its . c.) A more dela iced Index Map (1 m = 2001) o6 JERAD PLACE II which tshow,s that potction of Lot #29 which 4ronts Suga& Cane Lane. It " not 4eats,ib.ee to access the gtcavee depot ,6 6,tom Lot #29 or any other point ,in JERAD PLACE I on 11 because o6 extensive weteands cAossingts . d.) The Ptcet m,inany Subdivision Plan 4or JERAD PLACE III which shoms the tsubsta.nti.at e ker on Lots . #13 8 #14 which would be removed in paint to uti ize the gtuwet bon road cowstAucdon, and to .improve the area thhough ee.i.m.inatiion o6 steep graders dor 4utune .eand cure.. e.) A mane de tait ed plan o6 the ens ket in accandance with panagnaph 2 o6 the PZdn 6 � Laved ' tb accompany Petition. SinceAe ey, Rabent J. Ja" u,sz 40 Sunset Rock Raad Andaveh, M"z . 01810 t- i ^m- I WDE Sq�GV�Ro � v HA.J X MAP- g - 40 T C3RICKu5 Z -4w o O o f m a >0o aF*D o v CD C13� C 01 a N N — fp ca co A l �,I he fi.nc nn� SSC 1`n'l,i_r r'c.,..... t'c3 wit;,in � r Nn ci2;te of ii.:; ;a -down: in the Off ice CA the Clerk. Robert J. Janusz 40 Sunset Rock Road Andover, MA 01810 .#A.ato ,t y" TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION �,4�i�t� �: C o ►� r p0R�1Fi A;�if�OVER X00 Date ...April. .29,,.1988 .......... Petition No.. .1.2.1-88 ............. March 8, 1988 Date of Hearing. .Apr• iI• •1.2.; •1988• Decision: April 26, 1988 Petition of ...Robert.J...Janusz ........................................................... Premises affected .. J e r a d. P 1 a c e I I ......................................................... �1 Permit Referring to the above petition for a Section 5, i from the requirements of the . S e c t ........... . Paragraph 5.5 and 5.6 of the Zoning Bylaw ......................................................................................... so as to permitpartial .removal. .Qf . a. gravel . esker which. will . be, used . in, road ....... construction on site on the premises located 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 permitto ............................................... I............................... for the construction of the above work, based upon the following conditions: SEE PAGE 2 Signed Frank Serio, Jr., Chairman .. Walter Soule ....................... Raymond Vivenzio ........................................... Louis Rissin ......................................... .................................. Board of Appeals r Page 2 Robert J. Janusz 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: 1. 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.r.editced 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. • I A NORTH R O p t �1 ;1SSACH S�4 TOWN OF NORTH ANDOVER MASSACHUSETTS: BOARD OF APPEALS Dear Applicant: 0 Date:(:)' s : Z-:2-/ /�s-y Enclosed is a copy of the legal notice for your application before the Board of Appeals. �w Kindly submit $ tiLo for the following: Filing Fee Postage 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 U Audrey W. Taylor, Clerk