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HomeMy WebLinkAbout1987-06-15 Zoning Decision SP ;,.. hour,/ !' ilff � . • �.+ , 1'1 /•+ 1' '1 +J 1 .gs '4fiY•^Vj'() 1 r J •4 , tt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition of: Petition: #59--87 Crusader Paper, Inc, of SW side of Clark St. DECISION The Board of Appeals held a public hearing on May 12, 1987 and June 9, 1987 on . the application of Crusader Paper, Inc. requesting a Special Permit pursuant to Section 5 , Paragraph 5 of L-he 'Zoning ByLaw so as to permit earth removal. incidental to development and construction of new facility on the premises located o« the SW side of Clark Street. The following members were present and voting: Frank Serio, Jr. , Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, 14alter Soule and Anna O'Connor. The hearing was advertised in the North Andover Citizen on April 23 and on April 30, 1987 and all abutters were notified by regular mail.. Upon a motion made by Mr. Frizelle and seconded by Ms. O' Connor, the Board VOTED to GRANT the Special Permit for the removal of fill on the site as set forth in the plans presented on May 12, 1987 subject to the following conditions: All vehicles must turn left on 125 when leaving Clark Street; Strict adherence to Section 5 of the Zoning ByLaws as follows: Section 5, Paragraph 5.7 -- Operation Standards; Paragraph 5l8 -- Restoration Standards; Paragraph 5.9 - Security Requirements. The petitioner shall provide police coverage at the corner of Route 125 and Holt Road from 2 p.m. to 6 p.m. , Monday through Saturday. Vehicles restricted to the hours of 7:30 a.m. to 6.00 p.m. , Monday through Saturday. The petitioner shall post a bond of $20,000 with the Town Treasurer and shall pay all fees before a- permit for removal is issued. The vote was as follows; in favor', Mr. Serio, Mr. Frizelle, Mr. Nickerson and Ms. O'Connor. Opposed, Mr. Soule. Copies of the above ByLaws are attached. Dated th18 15th day of June, 1987. BOARD OF APPEALS Frank Serio, Jr. Chairman �awt f ►LA �O IlT►y Ilk`oRr p ed , RCktl19 A4 f TOWN OF NORTH ANDOVER MASSACHUSETTS C., ,1„ o BOARD OF APPEALS NOTICE OF DECISION Crusader Paper, Inc. . June 15, 1987 25 Industrial Way Date . . . . . . . . , , . . -Wilmington, CIA 01887 59-87 Petition No.. . . . . . . . . . . . . . . . Date of Hearing. . .June, 9,,. ,1987. Petition of . . . . . .Crusader,Pape,r,, ,Ine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premi3ea_ affected Qf. QlA-;k . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special Permit Referring to the above petition for a varint4l6n from the requirements of the . .Se c t.I on .5, . Par.agzaph. 5. .o,f; .tbe. Zo.ning.Bylaw . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit ea.r.th .remov.al ,permit, .incidental to.'deuslopmemt. .and, construction of .new, facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the'13oard of Appeals voted to , . . .GRANT, . . the i Special. Permit . . . . . . . . . . . . . . . . . . . . . . . . ffiCH3t 4Kt3 ;ADZ(p}#3 �I�€x�Hfl fit C Ci X C(e { . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vote was as follows: In favor, Mr. Serio, Mr. Frizelle, Mr. Nickerson and Ms. O'Connor Opposed, Mr. Soule Signed l�Lc� crank S'e io, Jr. , Chairman —Alf—red 'Frizel'le; 'Vic'e—chairmaji Au ,u'st�ne' t�i'c'kersori',' 'Cleat. . ' . . . . . . . . . . . . . . . . . "Atilna '0`C6hhbr . . . . . , . . . ' . . ' . . Board of Appeals yards , but less an five-thousand (5 , 00 cubic yards, a Permi may be granted by the and for such removal. Xthout a public hearin However , where the ex avation, removal, stri ing, or mining exc ds five-thousand ( 5, 0 .) cubic yards, th a public hearing wi be necessary and the ermit granted ,shall i icate the approxi ate quantity of soil o be removed, the purpos of, removal, and the/location of the site f removal. The Perp t shall also specify tha upon completion of xcavation, exposed su oil shall be grade and covered with loam t a minimum depth• of six ( 6) inches and that e removal is to be controlled by the appro- riate section of P ragraph 5 . 7 (operating Standards ) . It i further provided that exce where removal u er this Paragraph is done connection wit the formation or enl.argeme t of a pond, . excav tion shall not be permitte below the mean gra e of the street or road se ing the proper The excavation of said and in any event shall no be such as to ch ge the directio or flow of a water course .or to cause . surface water to gather as a sump r swale . Excav ions for burying large• ro s and stumps shal immediately be back-fill d for safety rea ons . Failure to ' meet th requirements of this Paragraph shall be eemed a violation o thte Zoning By-Law. 5. 7 Operation Standards ( 1 ) Time of Operation. a ) Excavation and si,te '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 :90 '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 1 , cubic yardage to be hauled . -44 ,a 4 1 ( 2 ) Site Preparation. , i � J a ) , Only the1, active; area. described xr� the - Permit application may ;be' ma.de 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 Hoard for approval . w ( 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 1 until all areas have been restored and per- mission has been granted by the Board. ( 4 ) Erosion control . y 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 . i c) No siltation basin shall exceed seven ( 7 ) feet in depth. d) Siltation basins must be cleaned when sedi- ment deposits are within eighteen ( 1B ) i inches of the ; outfall invert . I ( 5 ) Dust Control '• I a ) No earth .removal, operation shall create ex- cessive amounts; of dust or. -allow roads. 71 -4 5- • 4 leading into or from a site to become ex- r cessively dust producing.' b) Proper dust control methods shall be approved by the Building Inspector . r ( 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. I ( 7 ) Site Screening. a) An 'immediate program of site screening shall start when site preparation begins . b) Ail 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 ) t',r.ees per acre shall be used for this reforesta- tion. I Areas which are to be used for agricuit•uxal purposes after earth removal operations zLre, completed may• b'e reforested in the following manner : , > - -46- ti + r t + + 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 . • i ( 8 ) Access Roa l,+. a ) All access roads shall be • level, with inter- secting streets for a distance of •sixty ( 60) feet. b) A STOP sign shall be installed so as to warn any vehicle entering onto a Town street . c) All access roads shall be equipped with a suitable locking gate to prevent unauthori- zed entry. ( 9 ) Site Maintenance. I a ) No open face excavation shall exceed twenty- five ( 25 ) feet in height. 4 b) No excavation shall be closer than fifteen :) ( 15 ) feet to a property line. s . c) No slope shall exceed a two ( 2 ) foot hori- zontal to a one ( 1 ) foot vertical ( 2 : 1 ) .� w 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 fori 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 . , t 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 . li tt t QU 1 1 a) Ail- 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. f d) operation of crushing or screening equipment shall be from 7 : 30 a.m. until 5 : 00 p.m. , Monday through Friday. e ) A-11 crushing and .screening equipment shall be equipped with suitable dust and hoi.se 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 ' firs.t 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 w granted by the- Board or unless the area was shown on the original appl.ication . 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 sh-all' be restored with a minimum of tour (4 ) inches over the ..entire area . ( 5 ) Seeding ;- ' The entire area shall be'' seeded with grass or.,{ legume which ; contains 2kt least sixty percent ( 60%). perennials'. : The planted area shall be' protected from 'brosion ':du'ring the es- tablishinent period using . good c©nservation practices . ; Areas which, washout' .are to be re -48- a paired immediately. ( 6 ) Reforestation -- All areas which are disturbed s' 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. . j 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. 1 b) The remaining ..area shall immediately be planted with grass or other suitable agri- cultural planting material . Permits issued by the Building Inspector for soil removal incidental to construction or for special purposes are exempt from reforestation para- graph. ( 7 ) Within ninety (90 ) days of completion of opera- tions, all equipment, accessory buildings , structures, and unsightly evidence of operation shall be removed from the premises . 5 . 9 `'+ ,' Security Requirement ( 1 ) There must be filed with the Town Treasurer , a continuous bond or deposit of money in the minimum amount of- one thousand dollars ( $1 , 000 ) per acre to be excavated, and shall be of a sufficient amount to cover ten . ('10 ) acres , or the total parcel, whichever is smaller , as determined by 'and satisfactory- to the Board . ' .( 2 ) After completion of the total project, and at the applicant ' s written request) the Board may grant a partial. release of any security posted by the applicant.' One ( 1 ) year after such a partial release -is granted and if , in the opinion of the Board, no damage or deterioration to the finished project has developed, the Board will issue a final release of the security. If, }� during the year following the date of a partial -49- I �. fi