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HomeMy WebLinkAboutMiscellaneous - Jerad Place IIzn , ,, ` :, r T..t in the Office of, tile. Zown Clerk. * * Robert J. Janusz * 40 Sunset Rock Rd. * Andover, MA 01810 * * * * ************************ NOR 71� o q41 ���SSACHUSE��� Y I TOWN OF NORTH ANDOVER MASSACHUSETTS BOAR® OF APPEALS Petition #: 121-88 DECISION RECEIVED DANIEL LOP?G NORTH AhOOVER MAY Z' 8 59 P Baa The Board of Appeals held a public hearing on March 8, 1988, April 12, 1988 and April 26, 1988 upon the application of Robert J. Janusz requesting a Special Permit from the requirements of Section 5, Paragraph 5.5 and 5.6 of the Zoning Bylaw so as to permit partial removal of a gravel esker which will be used in road co.n;sa uction on site on the premises located atCJerad-Place l- The followinglmembers were present and voting: Frank Seiro, Jr., Chairman, Walter Soule, Rayriond Vivenzio and Louis Rissin. The hearing was advertised in the North Andover Citizen on February 18, 1988 and February 25, 1988 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and.seconded by Mr. Soule, the Board voted, unanimously, to [GRANT the-Special-Permit-.as._requested, subject to the following conditions: � l.y Section 5 of the Zoning ByLaws be adhered to, copy attached. 2. Traffic control required, subject to the decision of the Chief of Police. 3. Speed limits be reduced in area. 4. Signs be put up. (Section 6.6). 5. Streets cleaned daily at end.of work day. 6. Damage done to road be repaired by petitioner. 7. Bond for $10,000.00 be posted(5.4). 8. Letter of Intent filed with the NACC and a request for a Determination of Applicability of the wetlands act be filed with the NACC and, any Orders of Conditions be adhered to. The Board finds that the, petitioner has satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning ByLaws and the granting of this Special Permit will not derogate from the intent and purpose of the Zoning ByLaws. Dated th.-s 29th day of April, 1988. _ MAY 01 11988 /awt h oRTH ANDOVER Attach. BUILDING DEPT. 41 BOARD OF APPEALS Frank Serio, J . Chairman SECTION 5 EARTH MATERIALS REMOVAL 5.1 General (1) Excavation,removal, stripping, or mining of any earth material except as hereinafter permitted on any parcel of land, public or private, in North Andover, is prohibited. (2) Exclusive jurisdiction to issue Earth Removal Permits shall be with the Board except for Permits allowed in Paragraphs 5.5 and 5.6. (3) The Board or the Building Inspector shall have the authority to issue an Operating Hours Ex- tension Permit, as defined in Subsection 5.2 (4) The Building Inspector shall have the authority to enforce all conditions of any Permit issued under this Section on the Zoning By -Law. (5) All earth removal operations in existence in North Andover on the effective date of this section shall be subject to the requirements stated herein. However, all Earth Removal Permits issued prior to the effective date of this Section shall remain in effect until their expiration date and/or annual review. At such time, said operation shall be subject to the provisions of this Section, unless otherwise allowed by the Board, for a period not to exceed six (6) months. (6) An annual fee of One hundred dollars ($100.00) shall be required for Earth Removal Permits. Miscellaneous Earth Removal Permits shall require an annual fee of Twenty-five dollars ($25.00). (7) Violation of this Section of the Zoning By - Law, notwithstanding the provisions of Section 10.13, imposes a penalty of Fifty dollars ($50.00) for the first offense, One hundred --.---- dollars ($100.00) for the second and each____ subsequent offense. Each day of operation in violation of this section will be con- sidered a separate offense. (8) Any sanitary landfill operated by the Town of North Andover shall be exempt from the pro visions of this Section. 5.2 Definitions (1) Applicant: the owner, or prospective owner by reason of a Purchase and Sales Agreement, of the land shown by the plan submitted with the Earth Removal Permit Application. (2) Earth Materials: '"earth materials" shall in- clude soil, loam,lsand, gravel, clay, peat, rock, or other allied products. (3) Earth Removal Operations: the excavation, re- moval, stripping,ior mining of any earth mater- ial on any site within the Town of North Andover. (4) Operating Hours Extension Permit: a Permit issued by the Board or the Building Inspector for an extension of the time of operation for trucking from'the�site until 9:00 -p.m. (5) Board: Zoning Board of Appeals. (6) Permit: the word "Permit" in the Earth Removal Section shall mean and inlcude a Special Permit for earth removal as issued by the Special Permit Granting Authority. 5.3 Application for Earth Removal Permit (1) All applicants for Earth Removal Permits must submit seven (7) copies of the following information concerning the proposed site of the removal operation to the Board thirty (30) days prior to submission of an appli- cation for an Earth Removal Permit. The Board shall distribute the information to the Planning Board, Building Inspector, Conservation Commission, Board of Health, Highway Department, and Police Department, so that recommendations from these depart- ments may be submitted for the required public hearing. (2) A plan or plans to scale, (1"=401) prepared and stamped by a Registered Engineer, showing the property lines of the parcel of land under con- sideration along with all abutters to the property, existing and final contours in five foot (51) elevation increments, existing and proposed final drainage of the site, including all culverts, streams, ponds,swamps, and silta- tion basinls, means of entrance and egress from the proper ity, locus map, and any other perti- nent data deemed necessary by'the Board. (3) A plan, study, or report showing the proposed ultimate u'se of the land conforming with the existing Zoning By -Law. Proper planning for future land use shall be a prime consideration affecting thte issuance of an Earth Removal Permit. (4) A complete list of the names and addresses of current abutters of the property where such removal is proposed. (5) An operating schedule showing the active area (not to exceed five (5) acres) where the earth removal will begin and also how the total parcel will be developed in progressive five (5) acre increments: 5.4 Permits for Earth Removal (1) The Board may issue Earth Removal Permits for any zoning district, complete with conditions imposed, for areas not to exceed forty (40) acres. A11 Permits shall conform to the minimum restoration and operating standards contained herein and such other conditions as the Board may deem necessary. Said permit shall allow the working of only five (5) acres at any one time. Upon completion of the earth removal operation on a five (5) acre parcel, or a part thereof, and substantial restoration of said parcel as determined by the Board, according to the restoration standards at the Permit con- ditions, application may then be made to the Board for a Permit renewal. Such Permit renewal shall allow the removal of earth on another five (5) acre section, as shown by the operating schedule submitted with the Permit application. This procedure shall be followed until the operation is completed. (2) The Permit shall be considered a non -trans- ferable revocable Permit to remove earth materials. It it is found that incorrect information was submitted in the application, or that conditions of the Permit are being violated, or that the governing regulations are not being followed, the Permit shall be suspended until all provisions have been met and the premises made to conform. Failure of the Permit holder to comply within the time specified by the Board for correction of -violations shall cause the Permit to be revoked, forfeiture of the security to the Town, and the imposition of all fines as set forth in Paragraph 5.1 (2). (3) The Board shall discuss and review the permit periodically; and at a minimum, annually. Written progress reports showing conformance with regulations and Permit conditions shall be submittedlto the Board by the Building Inspector orlhis designated agent every three (3) months. , (4) An Earth Removal Permit shall not be in effect until the applicant has filed the proper security as required in Paragraph 5.9, paid the requiredfees as required by Paragraph 5.1 (6), and recorded the Special Permit at the Registrylof Deeds. t (5) Mechanical crushing and screening may be per- mitted by the Board after a public hearing with due notice given. 5.5 Earth Removal Incidental to Development, Construc- tion, or Improvement (1) This regulation shall be deemed not to pro- hibit the removal of such sod, loam, soil, clay, sand, gravel, or stone as may be required to be excavated for the purpose of constructing ways in accordance with lines and grades approved by the Planning Board, or for the purpose of constructing underground utilities. (2) Where soil is to be removed in connection with the preparation of a specific site for building, removal may take place only after the issuance of a building permit by the Building Inspector. Removal will be allowed only from the the area for the building, driveways, parking areas, and from.areas where removal is specifically re- quired by the; Board of Health in connection with disposal systems. Where special cir- cumstances exist requiring general regrading, removal of peat, etc., the builder may file a plan and request for an additional soil re- moval permit with the Building Inspector as provided in Paragraph 5.6 below. (3) Where excavation, removal, stripping, or mining of earth -on any parcel of land, public or private, is made necessary. by order of any other Board or Agency of the Town, such exca- vation, remodal, stripping, or mining, if in excess of one -thousand (1,000) cubic yards shall be governed by the provisions of Section 5.6 of this by -Law. (4) Excavation, removal, stripping, or mining of earth incidental to improvements shall be governed by the provisions of Section 5.6 of this By -Law. (5) All earth removal, excavation, stripping, or mining as allowed under this paragraph shall be governed by the provisions of Section 5.6 of this By -Law.;. 5.6 Miscellaneous Removal of Earth (1) Excavation, removal, stripping, or mining of miscellaneous amounts of earth as allowed under Section 5.5 is permitted provided the excava- tion, removal, stripping, or mining is necessary for the improvement or development of the pro- perty on which the excavation or removal takes place. (2) Excavation, removal, stripping, or mining of aggregate quantities of less than fifty (50) cubic yards on any one general site requires no formal approval. Where the excavation, removal, stripping, or mining of soil is in quantities in excess of fifty (50) cubic yards but less than one -thousand (1,000) cubic yards, application must be made to the Building In- spector for a Miscellaneous Soil Removal Permit. Where special circumstances exist which requires the excavation, removal, stripping, or mining 1;1 of soil in excess of one -thousand (1,000) cubic yards, but less than five -thousand (5,000) cubic yards, a Permitjmay be granted by the Board for such removal without a public hearing.) However, where the excavation, removal, stripping, or mining exceeds five -thousand (5,000) cubic yards, then a public hearing will be necessary and the Permit granted shall indicate the approximate quantity of soil to be removed, the purpose of removal, and the location of the site of removal! The Permit shall also specify that upon completion of excavation, exposed subsoil shall be graded and covered with loam to a minimum depth of six (6) inches and that the removal is to be controlled by the appro- priate section of Paragraph 5.7 (Operating Standards). Itis further provided that except where removal under this Paragraph is done in connection with the formation or enlargement of a pond, excavat+l,ion shall not be permitted below the mean grade of the street or road serving the property. IThe excavation of said pond in any event shall1ot be such as to change the direction or flow of a water course or to cause surface water too gather as a sump or swale. Excavations for burying large rocks and stumps shall immediately be back-filled for safety reasons. Failure to -meet the requirements of this Paragraph shall be deemed a violation of thte Zoning!By-Law. 5.7 Operation Standards (1) Time of. Operation. a)• Excavation and site maintenance may be carried on ll from 6:30 a.m. until 7:30 p.m., Monday through Saturday. b) Trucking from the site may be carried on from 7:00 a.m. through 6:00 p.m., Monday through Saturday. c) An Operating Hours Extension Permit for trucking until 9:00 p.m. for no more than three (3) consecutive days may be granted by the Building Inspector after reviewing conditions of the application. Said appli- cation shall show reason for extension of time, distance of hauling, and approximate, cubic yardage to be hauled. (2) Site Preparation. a) Onlyj the active area described in the Permit application may be.made ready for earth re- moval. b) No standing trees are to be bulldozed over, or slashed and bulldozed into piles. All trees must be cut down. All wood and brush must be piled for removal or chipping. Wood chips may remain on the site. No trees are to be buried on the site. C) Stumps shall be buried in predesignated areas as shown on application plans. d) Any change in stump burial must b sub- mitted to the Board for approvale sub . (3) Topsoil Storage. a) All topsoil removed from the active removal area shall be piled for future site restora- tion. b) No topsoil shall be removed from the site until all areas have been restored and per- mission has been granted by the Board. (4) Erosion control. a) Priorto any excavation or or earth removal, adequate siltation basins shall be con- structed to prevent the run-off of silted water from the site. b) All excavation shall be done so as to create contours to channel run-off waters into the siltation basins. C) No siltation basin shall exceed seven (7) feet in depth. d) Siltation basins must be cleaned when sedi- ment deposits are within eighteen (18) inches of the outfall invert. (5) Dust Control. a) No earth removal operation shall create ex- cessive amounts of dust or allow roads leading into or from a site to become ex- cessively'dust producing. b) Proper dust control methods shall be approved by the Building Inspector. (6) Excavation.Near Brooks. a) No excavation shall be made which will alter the natural way or existing elevation of a brook, stream, or river. b) All banks of brooks, streams, and rivers shall be reconstructed to be aesthetically attractive and of sufficient height to prevent abutting properties from flooding. c) Said bank ,height shall be computed, for a fifty (50)i year storm for all brooks, streams, and rivers up to eight (8) feet in width and two (2) feet in depth; and for a one -hundred (100) year.storm for all brooks, streams, and rivers which exceed this size.' (7) Site Screening,. a) An immediate program of site screening shall start when site preparation begins. b) All entrances shall be screened with exis- ting vegetation, evergreens, or other suitable natural methods, so as to prevent a direct view into the earth removal area. c) All areas within fifty (50) feet of a traveled way or abutting property lines shall be reforested immediately upon com- pletion of the earth removal operation of that area. Said reforestation shall be done in accordance with the North Andover Tree Department. A minimum of One Hundred -fifty (150) trees per acre shall be used for this reforesta- tion. Areas which are to be used -€o -r --agricultural purposes after earth removal operations are completed may be reforested in the following manner: Trees shall be planted twenty-five (25) feet deep from the road or property line. The remaining area shall immediately be planted with grass or other suitable agri- cultural planting material. (8) Access Roads. a) All access roads shall be level with inter- secting. streets for a distance of sixty (60) feet. b) A STOP sign shall be installed so as to warn any vehicle entering onto a Town street. c) All access roads shall be equipped with a suitable locking gate to prevent unauthori- zed entry. (9) Site Maintenance. a) No open face excavation shall exceed twenty- five (25) feet in height. b) No excavation shall be closer than fifteen (15) feet to a property line. c) No slope shall exceed a two (2) foot hori- zontal to a one (1) foot vertical (2:1) grade. (10) Temporary Buildings. a) All temporary structures shall be specified in the Special Permit application and shown on the plan. b) Any structure erected on the premises for use by personnel or storage of equipment shall''be located at least forty (40) feet from any existing roadway and at least thirty (30) feet from any lot line. c) Any temporary structure will be removed no later than ninety (90) days after the ex- piration date of the Permit. (11) Mechanical Crushing and Screening. a) All crushing and screening Permits shall be granted for a period not to exceed six (6) months. b) Said Permits shall be granted as a cleanup procedure only. C) Washing of1processed material will not be allowed. d) Operation of crushing or screening equipment shall be from 7:30 a.m. until 5:00 p.m., Monday through Friday. e) All crushing and screening equipment shall be equipped' with suitable dust and noise control devlices. 5.8 Restoration Standards (1) All restoration must be completed within sixty. (60) days after the termination of an Earth Removal Permit or by the first of June if the Permit terminates between December first through March thirty-first. (2) No slope shall be left with a grade steeper than a two (2) foot horizontal to a one (1) foot vertical (2:1). (3) All siltation basins shall be filled with earth, and a natural drainage pattern must be re-estab- lished. No area upon the site which will collect water shall remain unless approval is granted by the Board or unless the area was shown on the original application plans. (4) All topsoil which was on the site prior to earth removal operations shall be replaced to a minimum depth of six (6) inches on all disturbed areas. Sites that had less than six (6) inches of topsoil shall be restored with a minimum of four (4) inches over the entire area. (5) Seeding - The entire area shall be seeded with grass or legume which contains at least sixty percent (60%) perennials. The planted area shall be protected from erosion during the es- tablishment period using good conservation practices. Areas which washout are to be re- paired immediately. I (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. r b) The remaining area shall immediately be planted with grass or other suitable agri- cultural planting material. Permits issued by the Building Inspector for soil removal incidental to construction or for special purposes are exempt from reforestation para- graph. (7) Within ninety (90) days of completion of opera- tions, all equipment, accessory buildings, structures, and unsightly evidence of operation shall be removed from the premises. 5.9 security Requirement (1) There must be filed with the Town Treasurer, a continuous bond or deposit of money in the minimum amount of One thousand dollars ($1,000) per acre to be excavated, and shall be of a sufficient amount to cover ten (10) acres, or. the total parcel, whichever is smaller, as determined by and satisfactory to the Board. (2) After completion of the total project, and at the applicant's written request, the Board may grant a partial release of any security posted -- by the applicant. One (1) year after such a partial release is granted and if in the opinion of the Board, no damage or deterioration to the finished project has developed, the Board will issue a final release of the security. If, VE during the year following the date of a partial release, slumping, gullying, erosion, or any other unsatisfactory condition appears, the applicant shall be responsible for, and shall make any necessary repairs, before final release of security is granted. The bonding agent shall be required to give the Board of Appeals, by Registered or Certified mail, a sixty (60) day notice prior to any termination or cancellation of the Bond. c I,lot;ce vvit'}in Gi c i Ct dz�te 1�.. <� the..(oW in the Oliice of. Clerk. " Robert J. Janusz 40 Sunset Rock Road Andover, MA 01810 a• APRION 1855 TOWN OF NOR'T'H ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION i W'Eiyu, 0A,-'.4hti;:. f.cltl i . TOWN C,1.1 --.RK-,, NO'RTFi ,9,h�[,OV�R Md� Z 8 5g' rp OR Date ...April. .29, •1988......... . Petition No.. 1.2:1,88 ............. March 8, 1988 Date of Hearing ..Ap r i I - •1-2-,.-19 8 8 • Decision: April 26, 1988 Petition of .. Robert J. Janusz ....................................................................... Premises affected .. Jerad Place Al 1 Permit Section 5, Referring to the above petition for a from the requirements of the ................. Paragraph 5.5 and 5.6 of the Zoning Bylaw ........................................................................................ so as to permit partla.l .remoyal..of , a, gravel . esker ,which will , be, used , in, road I construction on site on the premises 1'ocated at Jerad Place II ........................................... ............................................. After a public hearing given on the above date, the Board of Appeals voted to GRANT . . , the Special Permit .... and hereby authorize the Building Inspector to issue a Robert J. Janusz* permit to .................. I ............... .......................... for the construction of the above work, based upon the following conditions: SEE PAGE 2 i { Signed Frank Serio, Jr., Chairman .......Walter Soule ....................... Raymond Vivenzio ......................................... Louis Rissin ......................................... .................................. Board of Appeals Page RobeIrt J. Janusz s Upon a'motion made by Mr. Vivenzio and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the Special_ Fermit as requested, subject to the following conditions: 1. Section 5 of the Zoning ByLaws be adhered to, copy attached. 2. Traffic control. required, subject to the decision of the Ch.i.ef. of Police. ; 3. Speed limits be.reduced i.n area. 4. Signs be put up. (Section 6{6). 5. Streets cleaned daily at eti3 of work day. 6. Damage done to road be repaired by petitioner. 7. Bond for $10,000.00 be posted(5.4). 8. Letter of :Intent filed with:the NACC and a request for a Determination of Applicability of the wetlands act be filed with the NACC and, any Orders of Conditions be adhered to. C