A.
The removal of sod, loam, sand, gravel or quarried
stone forming a part of the real estate in the Town of Boxford, except
when necessarily incidental to or in connection with the construction,
at the site of removal, or a building for which a permit has been
issued, or for grading or otherwise improving the premises of which
such building is a part, shall not be permitted unless a special permit
from the Board of Appeals be first obtained. To be considered incidental,
the total volume of material removed may not exceed 500 cubic yards.
[Amended 5-22-1997 ATM, Art. 64]
B.
Any person desiring to obtain a special permit from
said Board for such purpose shall make written application therefor,
and said Board shall hold a public hearing thereon, of which public
notice shall be given, and render a decision. The applicant shall
show to the satisfaction of said Board that such use of the premises
for which such application is made shall not constitute a nuisance
because of noise, vibration, smoke, gas fumes, odor, dust or other
objectionable features; shall not be hazardous because of fire or
explosion; shall not adversely affect the economic status of the district
or the Town; and shall not be injurious or dangerous to the public
health and the welfare of the district or Town. The Board may grant
a permit upon condition especially designed to safeguard the district
or Town against permanent and temporary injury to the stabilized values
in the district after operations are completed, or because of the
methods of handling such materials at the site or because of transporting
such material through the Town. The Board may, after a hearing and
proof of violation of such conditions or any of the terms of the permit
withdraw the permit, after which the use shall be discontinued.
Trailers and other movable structures shall
not be occupied as dwellings, except as provided in MGL c. 40A, § 3,
and, except that for reasons of necessity or hardship, the Board of
Appeals, after public notice and a hearing, may grant a special permit
for temporary occupancy of such structures for dwelling purposes for
not more than one year at a time in any part of the Town.
