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Home My WebLink About1979-11-19F'II4.N¢I~1X, BI='LL~I"Irl THE COMMONWEalTh OF MassacHUSeTtS DEPARTMENT OF THE ATTORNEY GENERAL ,JOHN W, HC CrlRMAI3K GTATI=' OFF'ICE: BUILOIN(~ ONI:' AI=HBURTON PI.AI~I:', BOSTON rl~lOB January 25, 1980 Daniel Long Town Clerk of North Andover Town Building No. Andover, MA 01845 Dear Mr. Long: I enclose the amendment to general by-laws adopted under Article 6 of the warrant for a North Andover Special Town Meeting held November 19, 1979, with the approval of the Attorney General endorsed thereon. HFO/cja Enclosure Very truly yours, Assistant Attorney General January 25, 1980 Boston, Massachusetts The foregoing amendment to the general by-laws adopted under Article 6 of the warrant for the North Andover Special Town Meeting held November 19, 1979, is hereby approved. TOWN OF NORTH DAN~L LONO, Town Clerk ~ON DEPAETMEN~ TOWN BUILDING NORTH ANDOVER, MASS. 0184~ The Honorab!e Francis X. Bellotti Attorney Geo~ral of Massachusetts on~ Ashburton Place Bosto~ Mass° 02108 November 21, 1979 Dear Attorney General~ At a Special Town 2~eting held in ~the Veterans Auditorium of our North Andover Middle Schoolon Monday November 19, 1979 at 7.30 P.M., the following Article appeared in the Warrant and was voted upon and is hereby submitted for your approval° ARTICLE 6. To see if the Town will vote to amend the General By-Laws by adding the fo]lowing section: WETLA.~DS PROTECTION -- TOWN BY-LAW CHAPTER 3, SECTION 3.5 (B) 1. The purpose of this bylaw is to protect the floodplains and wetlands of the Town of North Andover by controlling activities deemed to have a significant effect upon wetland values, including but not limited to the following: Public or private water supply, groundwater, flood control, erosion' control, storm damage, water pollution, fisheries, wildlife, recreation, and esthetics. No person shall remove, fill, dredge, or aiter any bank, fresh water wetland, beach, marsh, meadow, bog, swamp, or lands bordering any creek, river, stream, pond or lake, or any land under said waters or any land subject to storm flowage, of flooding, other than in the-course of maintaining, repairing or replacing, but not substantially changing or enlarging, an. ex/sting and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, telephone, telegraph and other telecommunication services, vathout fihng written not~ce of his ~ntent~on so to remove, fill, dredge or alter and without receiving and complying with an order o£ con- ditions and provided all appeal periods have elapsed. Such notice shall be sent by certified mail to the North Andover Conservation Commission, including such plans as may be necessary to describe ~ such proposed activity and its effect on the environment. The same notice, plans and specifications r~quired to be filed by an applicant under Massachusetts General Laws, Chapter 131, Section 40, will be accepted as fulfilling the requirements of this bylaw. The said Corn,mission, in its discretion, may hear any oral presentation under this bylaw at the same public hearing required to be held under the provisions of said Chapter .131, Section 40, of the Massa- chusetts General Laws. Definitions set fo~h in said Chapter and Section and in the regulations issued and as may be amended by the Department of Environmental Quality Engineering thereunder, are hereby made a part of this bylaw. TOWN OF NORTH ANDOVER A~IC~ 6. 2. The ~rm "~mon", as us~ in this-bylaw, sha~ ~clude any ContUsed) individual, ~up of ink.duals, association, pa~ne~p, co.ration, ~mpany, busings org~ization, t~st, ~, the~Co~on~l~ or political sub&vision there,, administ~tive agency, ~b~c or q~si- public co.ration or body, or ~ other legal enti~ or i~ leg~ ~pre~tive, agents or ~sig~. 3. The co~sion s~H make a dete~afion as ~ whether or not this bylaw appli~ to a sp~fic situation p~or ~ the filing of a w~t~n notice o~ intent ~der the pm~ions her~, ~t~ ~enty- one (21) days of the ~ipt of a wilton ~u~t ~t by ~H from any pe~on d~ifing such de~ation. ~e ~mmi~ion, i~ agent, o~cem and employs, ~y en~r u~n the ~d u~n whi~ the pro~d work is to be done ~ ~n~ to a ~uqt for a phor de~tion or for the pu~ of ~g out i~ ~der this bylaw and may make or ~u~ ~ ~ ~de such e~mlna- tion or su~ey as d~m~ necessa~. 4. ~e Con~ation Co~i~ion is em~we~ ~ deny ~n for ~y removal, ~ed~ng, filling, or along o~ subj~ l~ds the ~ if, in i~ jud~ent, su~ den~l ~ ne~ ~ p~e en~ronmen~ quality of either or ~th ~e subj~ ~ds ~d con- figous ~nds. Due conside~tion sh~ ~ ~v~ ~ ~sible eff~ of the propo~l on aH v~ues ~ be pro~ ~der ~ bylaw ~d ~ any demonst~t~ ha~ip on the ~titioner by~n o~ a de~isl~ as brought fo~h at the public h~g. 5. ~e Co~isslon ~y, as ~ al~mative ~ a denlal~ s~ch con~o~ as it d~s n~ ~ cont~bu~ ~ ~e pm~on ~d p~afion of subj~ 1~ in ac~rd~ ~ ~e pu~ of t~ by~w. ~y Order of Con&tions ~su~ ~der ~ bylaw be subj~ ~ the ~me constr~ ~d ~ id~ti~ ~ ~y such order ~u~ by the No~ Andover Coniston CommOn under the p~ions o~ Mas~chu~t~ Gene~ ~ws, Chap~r 131, S~- tion 40. 6. ~e noti~ requ~ by the fim~ ~ph of t~s by~w not apply ~ emergen~ proj~ ne~ for the pm~on o~ ~e health or ~fe~ of the ~fiz~s of No~ ~dov~d or ordered to be ~o~ by an ad~t~tive agen~ of the Com- monw~l~ or by ~he To~. Emergency p~jec~ sh.ll m~ proj~ ce~ified ~ be ~ emerg~cy by ~e ~oner of the Depa~ment of Envlmnmen~ Quality En~g ~d the ~n~r- ration Co~ion if th~ bylaw and Ma~achuse~ Gene~ l~ws, Chap~r 131, S~tion 40, am ~th appH~ble, or by the ~n~a- tion Co~ion ff only ~ by~w ~ appH~ble. Ih no ~ ~ any remove, fi~g, ~d~g or ~rafion autho~z~ by such ~- fi~tion ex.nd beyond ~e ~e ne~ ~ aba~ ~e e~. P~ition of ~e Condition Commi~ion. Un~ t~e afo~said ~ic~ it x, as V~D ~o ~ the ~ic~. All ~q~nts o2 the ~w h~ been co~d with. TOWN'