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Home My WebLink About1994-10-24$co'l-r HARSHBARGER ATI'ORNEY GENERAL (617) ~'27-2200 February 21, 1995 iJoyce A. Bradshaw iTown Clerk !120 Main Street !North Andover, Massachusetts 01845 !Dear Ms. Bradshaw: I return the amendment to the zoning by-laws adopted under article 1 of the warrant for the October 24, 1994, North Andover special town meeting, with the enclosed approval of this Office. Sincere%y, . /~ ~ Jo/athan A. Abbott %~A~sistant AttOrney General Eric. TOWN OF NORTH ANDOVER $oyce A. Brad.~h~_w, Town Clerk Election Department (508) 682.4483 120 ~4'nln StI'C~t North Andover, MA 01845 MEMORANDUM TO: James P. Gordon, Town Manager Kevin F. Mahoney, Director of Administration and Finance Planning Board Conservation Commission Zoning Board of Appeals Robert Nicetta, Building Inspector George Perna, Director, Division of Public Works From: Joyce A. Bradshaw - Town Clerk Date: March 3, 1995 Re: Attorney General Approval Article 1 Special Town Meeting October 24, 1994 Attached is a copy of the approval from Jonathan A. Abbott Assistant Attorney General regarding Article 1 of the Warrant for the October 24, 1994 Special Town Meeting. · If you require attested copies of this approval, please contact me at any time. '~O~/N ~Boston, Massachusetts The foregoin~ amendment to the zoning by-laws adopted under iarticle 1 of the warrant for the October 24, 1994, North iAndover special town meeting, is approved. SCOTT HARSHBARGER ATTORNEY GENERAL '~nathan A. Abbott Assistant Attorney General February 21, 1995 JOYGE BRADSHAW TOWN CLERK PHOTgCTION DISTP,..~C"['. To see if the To",,~. will vote to revise Section 4.136 Watershed Protection District of the Zoning ~to ~ ~d reorder the existing language; to enlarge both the existing Non-Disturbance Zone and the N~n-Discharge Zone; to amend the regulation of uses within the Watershed P~otection District; and to create a new Conservation Zone which includes all la~d areas located within one hundred fifty (150) feet horizontally from the afunual mean high water mark of Lake Cochichewick, and within seventy five (75) feet horizontally from the edge of all wetland resource areas (as defined in Massachusetts General Laws Chapter 131, Section 40, and the Town wetland Bylaw) located within the Watershed. Within this Conservation Zone, im addition to all other restrictions of the Watershed Protection District, the following activities are prohibited, and further there are no Special Permmts allowed: i. Any activities which cause a change in topography or grade; ii. vegetation removal or cutting, other than in connection with existing agricultural uses or maintenance of an existing landscape area; iii. Construction or placement of new permanent structures; iv. Any surface or subsurface drainage, including, but not limited to suorm water runoff and domestic or industrial waste-water; v. Animal feedlots or the storage of manure. The above prohibitions shall .not apply to any activities undertaken by the Divzsion of Public Works within its authority. The provisions relating to the establishment of the Conservation Zone. and the enlargement of the Non-Discharge and Non-Disturbance Zones shall only apply to lots created after the date of the enactment of this amendment (October 24, 1994) . Refer to the following chart for further clarification: Buffer Zones Cc~ser~tion Non-Disturbance Non-Discharqe P~om Annual High Water M~rk of Lake Cochichewick o~5 ~o 150' 250' 400' [325'] ~rom Edge ~f All Wetland ~esource Areas Within the Watershed District out to 7s, 15o, [~oo,] 4oo' [325,] [ ] = previous distance Director, V~I'~u to adopt the article as printed in th~SR~0~h the following amendments (yes, 840; no 24): * * * ~a~ ~e ~st~g Secti~ 2(b)(1) ~ Section 5 ~a~ 1 ~ ~h~,g~g ~ ~m~io~l refer~ce fr~ 100 feet to 150 feet. * * * ~ ~e ~st~9 Section 2(b} (2) ~d Section 4 ~a~a~ 1 ~ ch~-9~ ~ ~--io~l ~fer~ce f~ 325 feet to 4~0 f~t ~ fr~ 100 feet to 150 feet. * * * ~"9 a new Section 2(b} (3} as follow: There shall exist a Conse~ation Zone which shall consist of all land a~eas located within one h~dred fifty (150) feet horizontally from the annual mean high water mark of Lake Cochichewick, and within seventy five (75) feet horizontally from the edge of all wetland resource areas (as defined in M.G.L. C~pter 131, Section 40, and the To~ Wetland Bylaw) l~cated within the Watershed. * * * R~,,m~r ~ r--m~ the ~st~ng Secti~ 2(b) (3) B~fer Zo~es- ~iew to Section 2 (b) (4) T~les. Tn~ert the fo/lowing ~ and l~u~9~e, as published in the warrant, after the exlst~ng c_hart. L~ts created after Octo~r 24, 1994 C~nservation Non-Disturbance Non- Dischar.qe From Annual High Water Mark of Lake Cochichewick out to 150' 250' 400' From'Edge of /%11 Wetland Resource Areas within the Watershed District out to 75' 150' 400' The provisions relating to the Conservation Zone shall not apPly to any activities undertaken by the Division of Public Works. The provisions relating to the establishment of the Conservation Zone and the enlargement of the Non-Discharge Zone and Non-Disturbance Zones shall only apply ~o lots recorded or registered after the date of the enactment of this amendment (October 24, 1994). *~ * * Delete the phrase "fifty (50) percent" an~ {~ert the phrase "twenty-five (25) percent" 4. Section 5 No~-Disc/marge Zone, paragraph a ( 6). * * * Re~,--her Subsections 6, 7, 8, and 9 to 7, 8, 9, n~4 10 and create a new Subsection 6 as follows: Con~ervatien Zone There shall exist a Conservation Zone which shall consist of all land a~eas located within one hundred fifty (150) feet horizontally from the annual mean high water mark of L~ke Cochichewick, and within seventy five (175) feet horizontally from the edge of all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) Located within the Watershed. Protection District except as itemized below: n~ '~ A. All uses associated wzth musica± water supply/treatment and public sewer provided by the Town of North Andover. B. The Division of Public Works may conduct routine maintenance of any existing use of property, including the maintenance and improvements of existing roadways and drainage systems. C. Maintenance of fire access lanes by the Fire Department. 2. Uses Allowed By Special Permit: No Special Permits will be granted in the Conservation Zone. 3. Prohibited Uses: Within the Conservation Zone, in addition to all other restrictions of the Watershed Protection District, the following activities are prohibited: A. Any activities which cause a change in topography or grade; B. Vegetation removal or cutting, other than in connection with existing agricultural uses or maintenance of an existing landscipe area; C. Construction or placement of new permanent structures; D. Any surface or subsurface drainage, including, but not limited to, storm water runoff. E. Animal feedlots or the storage of manure. F. Construction of any septic system. G. Construction of any accessory struoture or expansion of an existing structure by twenty-five (25) percent or more of the gross floor area of the existing structure. H. The use, or method of application of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply. I. The use of lawn care or garden products that are not organic or slow-release nitrogen. The above prohibitions shall not apply to any activities undertaken by the Division of Public Works within its authority or to work completed in co~junction with the construction of the municipal sewer system.