Zoning By Law - Town of Ashburnham, Massachusetts

according to the restoration standards and the permit conditions, application
may then be made to the Board of Appeals 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. No soil being
removed under Special Permit may take place within 300 feet of a street or
way, nor within 100 feet of the high water mark of any natural water course,
nor within 100 feet of a lot line. Soil may be disturbed within these
established boundaries if it is considered part of the site restoration work and
has received prior approval by the Board of Appeals.
Removal of soils shall not take place below a level that would be considered
an undesirable grade for the future development of the area, or to an elevation
within six (6) feet of the springtime high water table unless such elevation has
been approved by the Board of Appeals as a desirable improvement that will
enhance the future development of the area. A monitoring well shall be
installed by the property owner to verify groundwater elevations.
The Board of Appeals may specify engineering review of the application and
plan. The registered professional engineer shall be specified by the Board of
Appeals and fees to be bourn by the applicant.
b. Accuracy of Information. The permit shall be considered a non-transferable
revocable permit to remove earth materials. If 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 promises
made to conform. Failure of the permit holder to comply within the time
specified by the Board of Appeals for correction of violations shall cause the
permit to be revoked, forfeiture of the security of the town, and the imposition
of all fines.
c. Compliance Review. The Board of Appeals 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 of Appeals by the Building Inspector or his designated
agent every three (3) months at a minimum, or when otherwise deemed
appropriate by the Board of Appeals. The Building Inspector may employ a
registered professional engineer to act as his agent in the inspection of the
work to insure compliance with this section of the zoning by-law and to report
to the Building Inspector his recommendations as to the approval or
disapproval of the work. In the event that the Board of Appeals employs an
engineer under section 5.65a of this by-law for plan review, then the Building
Inspector will, if possible, employ the same engineer for site inspection.
Inspection fees to be at the permittee’s expense.
______________________________________________________________________________
ASHBURNHAM ZONING BY-LAWS
Pg. 47