HomeMy WebLinkAbout2004 ATM-ARTICLE 37 - BEAVER CONTROL PLAN AND BYLAW-CHAPTER 73 - CV pORT#1
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TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A.Bradshaw,CMMC Telephone(978)688-9501
Town Clerk Fax (978)688-9556
E-mail Bradshaw(dtownofnorthandover.com
This is to certify that the following vote on Article 37 was taken at the
Dissolved Annual Town Meeting for the Town of North Andover held May 10, 2004,
May 11, 2004 and May 17, 2004:
Article 37. A Plan for Beaver Control and Associated Bylaw.
UNANIMOUSLY VOTED that the Town amend the General Bylaws of the Town of
North Andover by inserting a New Chapter - Chapter 73 — Beaver Bylaw —
Protection From Damage Due to Beaver Dams and Blockages to read as follows:
CHAPTER 73
BEAVER BYLAW—PROTECTION FROM DAMAGE DUE TO BEAVER DAMS
AND BLOCKAGES
Section 73.1: Purpose
The Town of North Andover hereby enacts this Bylaw, in strict compliance with
Massachusetts General Laws Chapter 131, Section 80A, as amended ('Section 80A'), and
all other applicable Federal and State laws, rules, and regulations (altogether, the
`Rules'), for the efficient protection of human health and safety and public and private
property from damage resulting from beaver or other animal-related dams and blockages.
Section 73.2: Board of Health Responsible
This bylaw affirms the above Rules and specified processes and directs that the Rules be
followed in their word and their intent in the Town of North Andover. The emphasis shall
be on creating an implementation that, consistent with the Rules, is effective and efficient
and minimally burdensome on the Town and its residents and property owners over both
the short and the long term. The North Andover Board of Health shall take a leadership
role and primary responsibility in defining and managing that implementation.
Section 73.3: Clarify interpretation of Section 80A
The Board of Health will actively work to formally clarify the meaning of any portions of
Section 80A about which there is doubt or differing interpretation, consistent with other
applicable laws, rules, regulations, and judicial decisions in Federal and State courts.
Section 73.4: Responsibility of Property Owners
It shall be the duty of each property owner to manage any dams or blockages on their
property in accordance with all applicable laws, rules, and regulations, and so as to
minimize or eliminate damage or threat to human health and safety of others.
Section 73.5: Town as Property Owner
As property owner, the Town is responsible for the management of dams or blockages on
Town property.
Section 73.6: Board of Health to Notify Responsible Parties
In cases where the Board of Health determines, consistent with Section 80A, that there is
a threat to human health or safety due to a dam or blockage on a particular property, the
Board will immediately notify the property owner and direct that the property owner
immediately resolve the problem consistent with Mass. General Laws Chapter 111,
Section 123.
Section 73.7: Town Departments as Specialists
The Board of Health and the Conservation Commission will actively assist in the
resolution of difficulties between property owners around these issues, and assist and
provide guidance to private property owners in the management of their own difficulties
in this regard.
Section 73.8: Long Term Site Management Plans
The Board of Health, working with the Massachusetts Division of Fisheries and Wildlife
(DFW), will take an active, leadership role in the development and approval of a
comprehensive, practical, long term management plan for each site where there is
determined to be an issue within the scope of Section 80A.
The Town will store all such plans, make available copies for use in other situations
where a plan is being developed, and provide copies at cost whenever requested;
preferably also making all such plans freely available on the Town website for easy
reference.
A long term plan shall be for a site, not an individual. As such, a long term plan may run
with the land.
All persons to whose property access is required to implement a long term plan, or whose
property is affected by the problem, may be a part of the preparation of and agreement to
such plan.
A long term plan shall be for the foreseeable future, although any plan is modifiable
whenever the need arises. Such plans shall be written and shall be specific about what is
to be done, who is responsible, the geographic area of the site, and what inspections are
to be performed to verify that the plan is being followed.
A long term plan should strive to minimize the number of other permits required to be
obtained and kept in effect.
Section 73.9: Sewer Pumping Stations
In addition to continuing to work together for the protection of our sewer pumping
stations and our water supply, the Division of Public Works and the Water and Sewer
Departments (herein DPW+W+S) shall be knowledgeable about all waterways near or
affecting sewer pumping stations. The DPW+W+S shall proactively address any site
where a dam or blockage is likely to impact a sewer pumping station.
Section 73.10:Fees
The Board of Selectmen is authorized to establish a comprehensive fee schedule under
this bylaw. Said fee schedule, to the extent allowed by law, shall supersede related fee
schedules established by other town departments and/or boards. The intent of this section
is to establish one unified fee structure relating to beaver control.
Section 73.11:Severability
If any provision of this bylaw is determined to be invalid, such determination shall not
affect the validity of the other provisions of this bylaw, which other provisions shall
remain in full force and effect.
VOTED MAY 17, 2004