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.
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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.
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LIST OF PARTIES IN INTEREST
Address
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&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
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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
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^����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
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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
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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
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�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
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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