Loading...
HomeMy WebLinkAbout1991-05-06SCO'FI' HARSHBARGER ATTORNEY GENERAL (617) 727-2200 Karen A. Robertson Acting Town Clerk 120 Main Street North Andover, MA 01845 September 3, 1991 Dear Ms. Robertson: I enclose [he amendment lo the general by-laws adopted under article 35, and the amendment to the zoning by-laws adopted under article 34 of the warrant for the North Andover Annual Town Meeting that. convened May 6, 1991, with the approval of this Office endorsed thereon, and on the zoning map pertaining to article 34. ~kiVery truly yo~ Assistant Attorney General 617-727-2200 ext. 2082 AEP:ccs Boston, Massachusetts The within zoning map pertaining to article 34 of the warrant for the North Andover Annual Town Meeting that convened May 6, 199], is hereby approved. September 3~ 1991 SCOTT HARSHBARGER ATTORNEY GENERAL n~~ ' A Assistant Attorney General TOWN OF NORTH ANDOVER DANIEL LONG, TOWN CLERK ELECTION DEPARTMENT 682-6521 TOWN BUILDING NORTH ANDOVER, MASS. 01845 At our Annual Town Meeting held on May 6 & May 7, 1991, the following article was voted on: ARTIC?~ 34. I~EZONING OF PAI~C~L OF ~ ON CI~IC~ING ROAD. To see if the Town will vote to amend the North Andover Zoning Bylaw and Map. To change from Residence-3 (R-3) to Business-2 (B-2) and a parcel of land containing 71,474 square feet, more or less, on the Easterly side of Chickering Road, North Andover, Essex County, Massachusetts and more particularly bounded and described as follows: The land being shown as Parcel B on a plan of land entitled "Plan of Land in North Andover, Mass., for Charles Doe, Scale 1" = 40' dated July 29, 1988, Civil sites Associates, Inc., Wakefield, Mass. 01880" recorded with Essex North District Registry of Deeds Plan No. 11345. Being the same premises conveyed to Charles F. Doe, Trustee of Doe Family Trust by deed dated September 9, 1988 and recorded with Essex North District Registry of Deeds in Book 2844, Page 164. David L. Lanzoni & Others VOTED on May 7, 1991, to adopt Article 34 as printed in the warrant with the following amendment: by rezoning from Residential-3 (R-3) to Business-2 (B-2) rather than General Business (GB). YES 254, NO 31 - 2/3 vote required. ATTEST: A TRUE COPY KAREN A. ROBERTSON ACTING TOkq~ CLERK Boston, 5iassachusetts The foregoing amendment to the zoning by-taws adopted under article 34 of the warrant for the North Andover Annual Town ~eeting that convened ~ay 6, 1991, is hereby approved. September 3, 1991 SCOTT HARSHBARGER ATT()RNEY GENERAL DANIEL LONG, TOWN CLERK ELECTION DEPARTMENT 682-6521 TOWN OF NORTH ANDOVER TOWN BUILDING NORTH AN1)OVER, MASS. 01845 At our Annual Town Meeting held on May 6 & MaY 7, 1991, the following article was voted on: ARTICLE 38. WETLANDS PROTECTION BY-LAW. To see of the Town will vote to replace the existing Chapter 178 (Wetlands Protection Bylaw) with the following revision. CHAPTER 178 - WETLANDS PROTECTION BYLAW 178.1 PURPOSE The purpose of this Bylaw is to preserve and protect the wetland resource areas (as specified in Section 2) and buffer zones of the Town of North Andover by regulation of, and control of, activities (more particularly described in Section 2 below) deemed by the Conservation Commission (the "Commission") to have significant or cumulatively detrimental effect upon the following interests and values, including but not limited to: public or private water supply; groundwater; the prevention and control of flooding, erosion, sedimentation, storm damage, and/or pollution; protection of fisheries, wildlife, wildlife habitat, and recreation. 178.2 JURISDICTION Except as permitted in writing by the Conservation Commission, or as provided in this Bylaw, no person shall engage in the following activities ("activities"): removal, filling, dredging, discharging into, building upon, or otherwise altering or degrading the wetland resource areas described in the following sentence, or the buffer zones thereof. The Town's wetland resource areas consist of: any freshwater wetland (as determined by vegetational community, soil composition or hydrologic regime), any bank, beach, marsh, wet meadow, bog, swamp, or lands bordering any creek, river, stream, pond or lake, or any land under said waters, or subject to storm flowage, or flooding, or inundation by groundwater or surface water, and the floodplain. The Commission shall not grant such permission without receiving written notice of the intention to conduct such activity, and without issuing written permission to do so all in compliance with the provisions of this Bylaw. 178.3 ~XCEPTIONS This Bylaw shall not apply to the following activities: 1. Emergency projects as defined in the Commission's regulations; or 2. Maintenance, repair or replacement, without substantial change or enlargement, of existing and lawfully located structures or facilities used in the service of the public and used to provide electric, gas, water, telephone, or other telecommunication services to the public; or 3. Normal maintenance of land in agricultural use, as defined in the Commission's regulations; or 4. Maintenance and repair of existing public ways. 178.4 APPLICATIONS TO WORK AND INFORMATION REOUIRED Ail applications to perform activities in the Town's resource areas shall be either in the form of a Request for Determination or a Notice of Intent, or both. Such applications shall contain data and plans as specified in the Commission's regulations, and shall be submitted in complete written form to the Commission as required by this Bylaw, regulation or otherwise. The date which serves to commence the Commission's deliberation period is the date of receipt of the application at its offices, during regular office hours. The applicable forms may be obtained from the Commission and must be signed by the owner and applicant, as well as the engineer where required. Ail plans and drawings must contain at least the following information to scale: all wetland resource areas, all existing lot lines (differentiated from proposed lot lines); the location of the proposed work; all Town roads, ways, streets, etc.; existing physical and geographic characteristics of the site; existing buildings and structures; and all proposed changes, including changes to topography and grade. The Commission may require further information by Regulation, guideline, custom or otherwise. The Commission may require further information by Regulation guideline or as otherwise deemed necessary by the Commission. Ail applications shall be accompanied by a certified list of abutters by name and address. In order to comply with the provisions of this Bylaw, each application must be complete as filed, and must comply with the rules set forth herein and Commission regulations. No such application shall be accepted as complete before all permits, variances, and approvals required by the Bylaws of the Town with respect to the proposed activity, at the time of such Notice, have been applied for or obtained. Such Application shall also include any information submitted in connection with such permits, variances, and approvals which is necessary to describe the effect of the proposed activity on the resource areas. 178. § HEARINGS A) Eombination with State Law Hearinq: The said Commission, in its discretion, may hear any oral presentation under this Bylaw at the same public hearing required to be held under the provisions of chapter 131, section 40, of the Massachusetts General Laws. Notice of the time and place of such hearing(s) shall be given as required below. B) ~otice: Notice of the time and place of the hearing shall be given at the applicant's expense, not less than seven (7) calendar days prior to the public hearing, by publication in a newspaper of general circulation in North Andover, and by mailing a copy of such notice to all land owners within 300 feet of the land on which the work is proposed. All publications and notices shall contain the name of the applicant, a description of the area where the activity is proposed by street address, if any, or other adequate identification of the location, of the area or premises which is the subject of the notice, the date, time and place of the public hearing, the subject matter of the hearing, and the nature of the action or relief requested, if any. All continuances beyond one (1) month require the same notice. C) Proof: The applicant shall have the burden of proving by a preponderance of the credible evidence that the activity proposed in the Notice of Intent will not cause significant harm to any of the interests and values sought to be protected by this Bylaw. Failure to provide to the Commission adequate evidence for it to determine that the proposed activity does not cause such significant harm shall be sufficient cause for the Commission to deny permission or to grant such permission with such conditions as it deems reasonable, necessary or desirable to carry out the purposes of this Bylaw; or to postpone or continue the hearing to another date certain to enable the applicant and others to present additional evidence, upon such terms and conditions as seems to the Commission to be just. Due consideration shall be given to possible effects of the proposal on all interests and values to be protected under this Bylaw and to any demonstrated hardship on the petitioner by reason of a denial, as brought forth at the public hearing. D) Continuanc : If the Commission determines that additional information is necessary, the hearing may be continued to a future date for as many hearings as it may deem necessary. Continuances on hearings on Requests for Determination may only be granted by the applicant. E) Investi~ation~: The Commission, its agents, officers and employees, may enter upon privately owned land for the purpose of carrying out its duties under this Bylaw and may make or cause to be made such examination or survey as deemed necessary. 178.6 ORDERS AND DECISIONS A) Ail Decisions and Orders If the Commission shall determine that the proposed activity does not require the imposition of conditions to preserve and protect the interests of this Bylaw, the applicant shall be so notified in writing. If, after the hearing, the Commission shall determine that the proposed activity is significant to one or more interests and values of this Bylaw, the Commission may vote to issue written Orders of Conditions within 21 days of the close of the public hearing. The Commission may impose such conditions, safeguards and limitations on time and use upon such activity as it deems necessary to protect those interests. The Commission may prohibit such activity altogether, in the event that it finds that the interests and values of this Bylaw cannot be preserved and protected by the imposition of such conditions, safeguards or limitations. B) Security to Assure Performance: The Commission may, as a part of its Order of Conditions, require, in addition to any security required by any other Town or State Board, Commission, agency or officer, that the performance and observance of the conditions, safeguards and limitations imposed under this Bylaw on the applicant and owner be secured by one, or both, of the methods described in the following clauses: 1. Deposit: By the deposit of money sufficient in the opinion of the Commission to secure performance of the conditions and observance of the safeguards of such Order of Conditions. Such security, if filed or deposited, shall be approved as to form and manner of execution by Town Counsel or the Town Treasurer. And/or 2. Land Restrictions(s): By a conservation restriction, easement, or other covenant running with the land, executed and properly recorded (or registered, in the case of registered land). C) Duration of Order~ Ail Order of Conditions shall expire three (3) years after the date of issuance, unless renewed prior to their expiration. An Order of Conditions may be renewed for a period of up to one year upon the request of the applicant. No activity governed by an Order of Conditions shall be carried on unless and until all permits, approvals and variances required by the Bylaws of the Town shall have been obtained, such Order of Conditions or notification shall have been recorded or registered at the Essex North District Registry of Deeds or in the North Essex District of the Land Court Department and until all applicable appeal periods have expired. The Commission shall have the right to record or register its Order of Conditions with said Registry or Registry District. In the event that an Order of Conditions issued pursuant to this Bylaw is identical to a final Order of Conditions issued pursuant to the provisions of M.G.L. Chapter 131, Section 40, only one such Order need be recorded or registered. D) The Commission shall have the power, on its own motion or upon the petition of any person interested, to amend any such Order of Conditions after notice to all persons interested and a public hearing. 178.7 CERTIFICATES OF COMPLIANCE The Commission shall, upon receiving a written request therefore and weather permitting, inspect the resource areas where the activity governed by an Order of Conditions was carried out and issue a Certificate of Compliance to the owner of the property in a form suitable for recording or registering, if it shall determine that all of the activity or activities, or portions thereof, limited thereby have been completed in accord with said Order. 178.8 RESPONSIBILITY FOR COMPLIANCE After recording of a notice of violation or order at the Registry of Deeds by the Commission, any person who purchases, inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of this Bylaw or in violation of any order issued under the Bylaw shall forthwith comply with any such Order or restore such land to its condition prior to any such violation; provided, however, that no action, civil or criminal, shall be brought against such person unless such action is commenced within three years following the recording of the deed or the date of the death by which such real estate was acquired by such person. 178.9 RULES AND REGULATIONS The Commission shall be empowered to establish Rules and Regulations to govern its affairs, including but not limited to fees, definitions, use of consultants, and such other information which it deems necessary to discharge its responsibilities. After due notice and public hearing, the Commission may promulgate such rules and regulations to effectuate the purposes of this Bylaw, by a majority vote of the duly appointed members. Failure by the Commission to promulgate such rules and regulations; or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this Bylaw. 178.10 ENFORCEMENT, INVESTIGATIONS & VIOLATIONS In accord with the provisions of M.G.L. Chapter 40, Sections 21D and 31 as well as every other authority and power that may have been or may hereafter be conferred upon it, the Town may enforce the provisions of this Bylaw, restrain violations thereof and seek injunctions and judgments to secure compliance with its Orders of Conditions. Without limiting the generality of the foregoing: A) Any person who violates any provision of this Bylaw or of any condition or a permit issue pursuant to it may be punished by a fine pursuant to Massachusetts General Laws, Chapter 40, section 21. Each day or portion thereof during which a violation continues shall constitute a separate offense; if more than one, each condition violated shall constitute a separate offense. This Bylaw may be enforced pursuant to Massachusetts General Laws Chapter 40, section 21D, by a Town police officer, other persons having police powers, Conservation Commissioners or the Conservation Administrator. In accordance with Ch. 40 S. 21D, violators may, at the discretion of the enforcement authorities, be charged a penalty. The penalties for violations of this Bylaw shall be assessed as follows: Violation Penalty Alteration of 1 - 1000 sq. ft. of wetland $ 50 Alteration of 1001 - 2000 sq. ft. of wetland $ 100 Alteration of 2001 - 3000 sq. ft. of wetland $ 200 Alteration of greater than 3000 sq. ft. of wetland $ 300 Depositing any refuse, debris, yard waste or construction material in a wetland or water body $ 300 Alteration of any stream or water body $ 300 Any violation of any section of this Bylaw that occurs in the Lake Cochichewick Watershed $ 300 B) In the event of a violation of this Bylaw or of any order issued thereunder, the Commission or its agents may issue a stop order to the owner, the applicant or agent by certified mail, return receipt requested, or by posting the same in a conspicuous location on said site. Any person who shall violate the provisions of a stop order shall be deemed in violation of the Bylaw; but the failure of the Commission to issue a stop order for any reason shall not prevent the Town from pursuing any other legal remedy at law or in equity to restrain violations of this Bylaw and to secure compliance with its orders. C) The Town shall be the beneficiary of all fines imposed on account of the violation of this Bylaw in order to defray the expense of enforcing the same. D) Upon request of the Commission, the Board of Selectmen and Town Counsel shall take such legal action as may be necessary to enforce this Bylaw and permits issued pursuant to it. E) Upon recommendation of the Commission, the Board of Selectmen may employ Special Counsel to assist the Commission in carrying out the legal aspects, duties and requirements of this Bylaw. 178.11 CAPTIONS AND SEVERABILITY The captions used herein are for convenience only and are expressly intended to have no legal or binding significance. The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision thereof, nor shall it invalidate any Order of Conditions or decisions which have previously become final. Conservation Commission VOTED on May 7, 1991, by a majority to adopt Article 38 as printed in the warrant with the following amendments: Chapter 178.4: The second to last line of the first paragraph should read: "The Commission may require further information by Regulation, guideline or as otherwise deemed necessary by the Commission.,, Chapter 178.10, Section A, First Sentence: The word "shall" should read "may". Chapter 178.8: Add the following to the beginning of the first sentence: "After recording of a notice of violation or order at the Registry of Deeds by the Commission,". ATTEST: A TRUE ~ COPY KAREN A. ROBERTSON ACTING TOWN CLERK Boston, Massachusetts The foregoing amendment to the general by-laws adopted under article 38 of the warrant for the North Andover Annual Town Meeting that convened May 6, ]991, is hereby approved. September 3, 1991 SCOTT HARSHBARGER ATTORN ' ENERAL _ Anthony E. ~.~'nski Assistant, Attorney General