HomeMy WebLinkAbout1987-12-10DANIEL LONG, TOWN CLERK
ELECTION DEPARTMENT
682-6521
l OWN OF NOR'i'H ANDOVER (z/,,
TOWN BUILDING
N,*RTH A~,'DOVER. glASS 01845
GENERAL BY-LAWS
ARTICLES OF THE CONSERVATION COMMISSION AND pLANNING BOARD
Article 19. AMENDMENTS TO THE CONSERVATION/WETLANDS PROTECTION
BYLAW. To see if the Town will vote to amend Chapter 3.5 of the
General Bylaws of the Town of North Andover by deleting the present
Chapter 3.5 and replacing it with the following amended Chapter 3.5:
3.5 Conservation Commission
1.0 PURPOSE
The purpose of this Bylaw is to preserve and protect the
floodplains and wetlands of the Town of North Andover by regulating
and controlling activities deemed to have significant or cumulative
effect upon the functions and characteristics of such floodplains
and wetlands, including but not limited to the following: public
or private water supply, groundwater, flood control, erosion
control, sedimentation control, storm damage prevention, prevention
of pollution, protection of fisheries, wildlife habitat, and
recreation.
2.0 DEFINITIONS
2.1 The tez~ "person", as used in this Bylaw shall include any
individual, group of individuals, association, partnership,
corporation, company, business organization, trust, estate, the
Conm]onwealth or political subdivision thereof, administrative
agency, public or quasipublic corporation or body, the Town of
North Andover, or any other legal entity or its legal
representative, agents or assigns.
2.2 The Term "Buffer Zone" as used in this Bylaw shall be the land
within 100 feet horizontally landward from the perimeter or outer
border of any wetland.
3.0 JURISDICTION
3.1 No person shall remove, fill, dredge, or alt(~r any bank, fresh
water wetland, beach, marsh, wet meadow, bog, swamp, or lands
bordering any creek, river, stream, pond or lake, or any land under
said waters or any subject to storm flowage, or flooding, or
inundation by groundwater or surface water, or the buffer zone,
without filing written notice of the intention to do so with the
Conservation CommisSion in accordance with the provisions set forth
in this Bylaw and without receiving and complying with the Order of
Conditions and provided all appeal periods have elapsed, unless the
Commission shall have determined that this Bylaw does not apply to
the activity proposed.
3.2 This Bylaw shall not apply to the following activities:
a)
Emergency projects necessary for the protection of the health
or safety of the residents of North Andover which are to be
performed or which are ordered to be performed by a board,
TOWN OF NORTH ANDOVER
DANIEL bONG, TOWN CLERK
ELECTION DEP^RTMENT
682.6521
TOWN BUILDING
NOI~TI~ ANI)OV~:R. M,~s.~. O1845
ARTICLE 19 (CONTINUED)
committee or commission of the Town and certified by the
Conservation Commission of the Town of North Andover. No
emergency project may continue beyond the time or exceed the
scope needed to abate the emergency. Emergency projects shall
'ects certified to be an emergency by ~he
mean any pro] ....... ~ ~f Environmental Quality
Commissioner of the Depar~m~n~ u
Engineering and the Conservation Commission if this Bylaw and
Massachusetts General Laws, Chapter 131, section'40, are both
applicable, or by the Conservation Commission if only this
Bylaw is applicable,
b) 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, telegraph and other
telecommunication services to the public.
c) Normal maintenance of land' in agricultural use. The
Conservation Commission shall determine whether the
requirements of the Bylaw apply to activities proposed that
may change land in agricultural use and affect the interests
protected by this Bylaw.
d) Maintenance and repair of existing public ways.
3.3 Any person who desires a determination as to wl ether this
Bylaw applies to an area or to any activity prop~,sed there
shall submit a written Request for Determination of
Applicability to the Conservation Commission sig~3d by the
owner of the area on a form obtainable from the ..ommission,
together with plans showing the existing characte"~'stics of
the area and the nature and extent of the activities to be
The information submitted shall also
performed there. ~ . ~ -=~sses of all nbutters to
he names aha ~uu~ ·
· clude: a list oi t ~=~ ~=.~n of al~ wetlands,
~ ..... lnt lines, town ways, ~n~ ~u .... ~Y~~ ~and all
~lains and bufier zon~, =~t~ - ~ ..... the Commission
changes propose~, ~nu =~ ~ .
may by regulation require. The Request for De, ermination
shall be delivered to the Conservation Commissi.'~, together
with a certification that all abutters to the area subject to
the determination, and the owner(s), if the person making the
request is other than the owner, have been sent notice that a
determination is being requested hereunder, and to such other
ission may by regulation det~rmine. In
ersons as the Co.mm ..... ~.~o ~ this Bylaw, each
~rder to comply wi~n the .~f~v~ed~-and must ,omply with
c ' t De com z~u~ ~o · . · '
appl~ atlon mu~ __~ id Commiss~°~', ~ lt~
the rules set zorth h~z=~n. _~ sa 4~ .n er thi~5 B law ag
discretion, may hear any oral pz~oentat ...... d Y
the same public hearing required to be held under the
provision of said Chaper 131, section 40, of the Ma~ :~achusetts
su,:h hearing
General Laws. Notice of the time and place of
1all be iven by the Conservation Commzssion, at hhe expense
s! g days pri,~r to the
o~ the applican%, not le8~ than Zive (5)
public hearing, by publication in a newspaper of ~eneral
circulation in North Andover and by mailing a notice by
certified mail to the applicant, or owner, if a person other
TOWN OF NOIR. TH ANDO\"ER
DANIEL LONG, TOWN CLERK
ELECTION DEP^RTMEN"f
TOWN BUILDING
No;~TH AXDOVER 51^S$ 01845
ARTICLE 19 (CONTINUED)
than the applicant. 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
any 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. The Commission shall send its Determination of
Applicability to the applicant, and the owner of the site, if
a person other than the applicant, by certified mail within
twenty-one (21) days after it has received the request
therefor.
If the Conservation Commission shall determine that the Bylaw
applies to the activity proposed, the applicant must file a
full Notice of Intent.
4.0 PROCEDURE
4.1 Unless the Conservation Commission shall have determined that
this Bylaw does not apply to such activity pursuant to the
provisions of Section 3.3 above, every person who wishes to
remove, fill, dredge or alter any wetland, floodplain or
buffer zone shall first file a written Notice of Intent with
the Commission signed by the owner of the area on a form
available from the Commission, together with a list of the
names and addresses of all abutters to the area subject to
such Notice, and with such plans and additional information as
the Commission may deem necessary, by regulation or otherwise,
to describe the nature of the activity proposed and its effect
on the wetlands, floodplains and buffer zones. The Notice of
Intent, and the owner(s), if the person making the application
is other than the owner, have been sent notice that a Notice
of Intent has been filed hereunder, and to such other persons
as the Commission may by regulation determine. The plans
shall show the location of the wetlands boundaries and shall
be at such scale as the Commission may deem necessary, by
regulation or otherwise. All drawings and plans should be
stamped and signed by such registered professional as the
Commission may require, by regulation or otherwise. In
addition, the Notice of Intent will show lot lines, town ways,
the names of all abutters, the location of all wetland areas,
floodplains and buffer zones, existing buildings; and all
changes proposed. In order to comply with the provisions of
this Bylaw, each Notice must be complete as filed, and comply
with the rules set forth herein.
No such Notice shall be accepted as complete before all
permits, variances, and approvals required by the Bylaws of
the Town of North Andover with respect to the proposed
activity, at the time of such Notice, have been applied for or
obtained. Such Notice shall 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 environment. The Notice of Intent shall be
sent by certified mail, or be hand delivered, to the
Conservation Commission.
TOWN OF NORTH ANDOVER
DANIEL LONG, TOWN CLERK
ELECTION DEPARTMENT
682-6521
TOWN BUILDING
NORT}t AxDovzlt. MASS 01845
ARTICLE 19 (CONTINUED)
4 . ¸2
4;3
4.4
The Conservation Commission shall hold a public hearing on the
activity proposed within twenty-one (21) days of receiving
such completed Notice of Intent. Notice of the time and place
of such hearing shall be given by the Conservation Commission,
at the expense of the applicant, not less than five (5) days
prior to the public hearing, by publication in a newgpaper of
general circulation in North Andover and by mailing a notice
by certified mail to the applicant, or owner, if a person
other than the applicant. 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. Such hearing may be held at the same time and place as
any public hearing required to be held under MGL Chapter 131,
section 40 or otherwise. If the Commision determine~ that
additional information is necessary, the hearing may be
continued to a future date for as many hearings as may be
deemed necessary by the Commission. Notice of the time and
place of such continued hearing shall be given by the
Conservation Commission, at the expense of the applicant, not
less than five (5) days prior to the public hearing, by
publication in a newspaper of general circulation in North
Andover. 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.
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 sought to be protected by this
Bylaw. Failure to provide to the Conservation Commission
adequate evidence for it to determine that the proposed
activity does not cause significant harm to the interests
sought to be protected by this Bylaw shall be sufficient cause
for the Conservati6n Commission to deny such permit or to
grant such permit 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.
If, after the hearing, the Conservation Commission sha~l
determine that the proposed activity is s~gnificant tO one or
more interests of this By-Law, the Conservation Commission may
by written order issued within twenty-one (21) days .after the
close of such hearing, impose such conditions, safeguards and
limitations on time and use upon such activity as it deems
necessary to protect those interests; but the Commission may
prohibit such activity altogether, in the event that it finds
that the interests of this By-Law cannot be preserved and
protected by the imposition of such conditions, safeguards or
TQ\¥N OF NORTH ANDO\:ER
DAN1EL LONG, TOWN CLERK
ELECTION DEPARTMENT
682-6521
TOWN BUILDING
NO~TH AtCDOVER. M^SS 01845
ARTICLE 19 (CONTINUED)
4.5
limitations. Due consideration shall be given to possible
effects of the proposal on all values to be protected under
this By-Law and to any demonstrated hardship on the petitioner
by reason of a denial, as brought forth at the public hearing.
If the Conservation Commission shall determine that the
activity proposed does not require the imposition of
conditions to preserve and protect the interests of this
By-Law, the applicant shall be so notified in writing.
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 By-Law by the applicant and
owner be secured by one, or both, of the methods described in
the following clauses:
A. By a proper bond or the deposit of money or negotiable
securities sufficient in the opinion of the Co~mission to
secure performance of the conditions and observance of
the safeguards of such order of conditions. Such bond or
security, if filed or deposited, shall be approved as to
form and manner of execution by Town Counsel 0£ the Town
Treasurer.
And/or
B. By a conservation restriction, easement, or other
covenant running with the land, executed a:-:,~ properly
recorded (or registered, in the case of regis': .red land).
4.6 All Orders of Conditions shall expire one (1) year 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. NQ activity
governed by an Order of Conditions shall be carried on unless
and until all permits, approvals and variances required by
the By-Laws of the Town of North Andover 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 :~£ the Land
Court Department and until all applicable appeal F~:~iods have
expired. The Conservation 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 By-Law 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.
4.7 The Conservation Commission shall have the power, on its own
motion or upon the petition of any person intei::ested, to
modify or amend any such Order of Conditions after notice to
all persons interested and a public hearing.
OF NOP, TH , NDO\,ER
DANIE~ LONG, TOWN CLERK
ELECTION DEPARTMENT
682-652]
TOWN BUILDING
NOnTH Axpovg~ ?,{ASS 01845
ARTICLE 19 (CONTINUED)
5.0 CERTIFICATES OF COMPLIANCE
The Conservation Commission shall, upon receiving a request
therefor, inspect the wetlands, floodplains and buffer zones
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.
6.0 RESPONSIBILITY FOR COMPLIANCE
Any person who purchases, inherits or otherwise acquires real
estate upon which work has been done in violation of the pro-
visions of this By-Law or in violation of any order issued
under the By-Law 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.
7.0
RULES AND REGULATIONS
7.1 The Conservation Commission shall be empowered to
establish "Guidelines Governing Organization and Operation of
the North Andover Conservation Commission." The guidelines
shall include: (1) name and purpose, (2) list of duties of
officers, (3) election of officers, (4) duties of members,
(5) list and duties of committees, (6) definitions of key
terms in this By-Law, and (7) operating rules, and other
items found necessary by the Conservation Commission.
After due notice and public hearing, the Commission may
promulgate rules and regulations to effectuate the purposes
of this By-Law.
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 By-Law.
7.2 Any application submitted under this By-Law will not be
considered complete until such time that a fee is submitted
to the Conservation Commission to the Town of North Andover.
Said fee will be submitted pursuant to the following rules
and fee schedule:
Rules
a. Permit -fees are payable at the time of application
and are nonrefundable.
b. Permit fees shall be calculated by this department
per schedule below.
[OWN OF NO .i H ANDOVL
D,X.~]EL LONG, Town CLERK
ELECTION DEPARTMENT
682-6521
ARTICLE 19 (CONTINUED)
TOWN BUILDING
NO~TH ANDOVER, MASS 01845
c. Town, county, state or federal projects are exempt
from fees.
d. No fee is charged under the law for extensions of
order of conditions.
Be
e. Failure to comply with the law after official
notification shall result in fees twice those
normally assessed.
Fees
a. Wetlands Bylaw Hearing $25 (i.e., dwelling, tennis
court, swimming pool, bridge, site grading, etc.)
b. Residential subdivisions or multiple residential unit
filings shall be charged at the rate of $25 per
residential unit. A residential unit shall be defined as
that space designed for occupancy by 1 family (i.e., a
duplex equals 2 residential units, a structure containing
6 condominium units equals 6 residential units).
c. Residential subdivisions filed without dwellings
shown on plans, or without designated lot boundaries
shall be charged at the rate of $25 per 150 ft. of
roadway frontage.
d. The entire project site of a commercial or industrial
project shall be charged at the rate of $25 per acre,
or part thereof.
e. Each Request for Determination Shall be charged $25.
8.0 ENFORCEMENT
In accordance with the provisions of M.G.L. Chapter 40,
Sections 21 D and 31 as well as every other authority and
power that may have been or may hereafter be conferred
upon it, the Town of North Andover may enforce the
provisions of this By-Law, restrain violations thereof
and seek injunctions and judgments to secure cgmpliance
with the Orders .of Conditions, without limiting the
generality of the foregoing:
8.1 Any person who violates any provision of this By-Law or
of any condition or a permit issued pursuant to it shall
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 By-Law may be enforced pursuant to Massachusetts
General Laws Chapter 40, section 21D, by a Town police
officer or other officer having police powers.
8.2 In the event of a violation.of this By-Law or of any
TOVv'N OF NORTH ANDO\:F_P-,
DANIEL' Lo,,~ G, TOWN CLERK
ELECTION DEPARTMENT
682.6521
19 (CO IN )
TOWN BUILDING
NO]{TH ANDOVER M^SS 01845
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 By-Law; 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 By-Law and to secure compliance with its orders.
8.3 The Town of North Andover shall be the beneficiary of all
fines imposed on account of the violation of this By-Law
in order to defray the expense of enforcing the same.
8.4 Upon request of the Commission, the Board of Selectmen
and Town Counsel shall take such legal action as may be
necessary to enforce this By-Law and permits issued
pursuant to it.
8.5 Upon recommendation of the Conservation Commission, the
Board of Selectmen may employ Special Counsel to assist
the Conservation Commission in Carrying out the legal
aspects, duties and requirements of this By-Law.
9.0 SEVERABILITY
The invalidity of any section or provision of tkis By-Law
shall not invalidate any other section or provision
thereof, nor shall it invalidate any order of conditions
which have previously become final.
Petition of the
Conservation Commission
VOTE~U~:A~IMOUS TO ADOPT AS
AME~4ENTS:
1.0 PURPOSE 2nd line after the word wetlands add as specified in Section 3.1
2.2 Last line after the word w~and add , but not flood plains.
3.3 5th line delete the word owner and insert the word applicant
6th line delete the word,whet and insert the word applicant
4.1 13th line After the word Intent insert the following "shall be delivered to
the Consevation Commission together with a certification that all abutters to
the area subject to the Notice of Intent,
CLERK
TOWN OF NORTH ANDOVER
DANIEL LONG, TOWN CLERK
ELECTION DEPARTMENT
682-6521
TOWN BUILDING
NORTH A~DOVER, MASS. 01845
December lk, 1987
The Honorable James Shannon
Attorney General of Massachusetts
One Ashburton Place
Boston, Mass. 02108
DearAttorney General:
At a Special Town Meeting held December t0, 1987 at the Veteran's Auditorium
of our North Andover Middle School the following attached true and attested
copy of the General By-Law was voted on and is hereby submitted for your
approval.
ATTEST:
DANIEL LONG
TOWN CLERK
~rticle 8. SELF SERVICE GAS STATIONS To see if the Town will
vote to amend Section 6.6 of the Town Bylaws pertaining to self-service
gasoline stations by striking the existing section in its entirety and
replacing, it with the following:
Gasoline stations may be operated as either:
1. Full service- where gasoline is Pumped by employees
holding the nozzle;
2.Self-service- where gasoline is generally pumped by the
customer holding the nozzle; and
3. A combination of full serivce pumps or islands.
Provided such gasoline Stations meet all applicable requirements of law
and provided, that in conjunction with self service pumps or islands an
employee is on the premises to aid those in need of assistance.
VOTED ASAMENDEDBELOW Petition of
E. Haffne~ Fournier
and others
VOTED: That Section 6.6 of the Town Bylaws pertaining to self-service'
gasoline stations be amended by striking the existing section in its
entirety and replacing it with the following:
Gasoline stations may be operated as either:
1. Full service- where gasoline is pumped by employees holding
the nozzle;
2. A combination of full service pumps or islands and self
service islands pumps or islands, provided that at least
50% of the pumps are full serve. Self service is defined
as where gasoline is generally pumped by the customer
holding the nozzle.
Provided such gasoline stations meet all applicable requirements of law
and provided that in .conjunction with self service pumps or islands an
empoyee is on the premises to aid those in need of assistance.
VOTED TO ADOPT THE ARTICLE AS A~ED VOTED YES 161 NO 82
Quorum was present with 350 registered voters attending
All requirements of the law have been complied with.
ATTEST:
JAMES M. SHA~)~ION
ATTORNEY GENERA_
THE COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF THE ATTORNEY GENERAL
JOHN W. McCORMACK STATE OFFICE BUILDING
ONE ASHBURTON PLACE, BOSTON 02108-1698
'January 4, 1988
Daniel Long
Town Clerk
Town Building
North Andover, MA 01845
Dear Mr. Long:
I enclose the amendment to general by-laws adopted
under article 8 of the warrant for the North Andover
Special Town Meeting held December 10, 1987, with the
approval of the Attorney General endorsed thereon.
Very truly yours,
Henry F. O'Connell
Assistant Attorney General
HFO/mfm
January 4, 1988
Boston, Massachusetts
The foregoing amendment to general by-laws adopted under
article 8 of the warrant for the North Andover Special
Town Meeting held December 10, 1987, is hereby approved.
Article 8. S~T.v SERVICE GAS STATIONS To see if the Town will
vote to amend Section 6.6 of the Town Bylaws pertaining to self-service
gasoline .stations by striking the existing section in its entirety and
replacing it with the following:
Gasoline stations may be operated as either:
1. Full service- where gasoline is pumped by employees
holding the nozzle;
2. Self-service- where gasoline is generally pumped by the
customer holding the nozzle; and
3. A combination of full serivce pumps or islands.
Provided such gasoline stations meet all applicable requirements of law
and provided that in conjunction with self service pumps or islands an
employee is on the premises to aid those in need of assistance.
VOTED AS kMENDEDBELOW Petition of
E. Haffner Fournier
and others
VOTED: That Section 6.6 of the Town Bylaws pertaining to self-service
gasoline stations be amended by striking the existing section in its'
entirety and replacing it with the following:
Gasoline stations may be operated as either:
1. Full service- where gasoline is pumped by employees holding
the nozzle;
2. A combination of full service pumps or islands and self
service islands pumps or islands, provided that at least
50% of the pumps are full serve. Self service is defined
as where gasoline is generally pumped by the customer
holding the nozzle.
Provided such gasoline stations meet all applicable requirements of law
and provided that in conjunction with self service pumps or islands an
empoyee is on the premises to aid those in need of assistance.
VOTED TO ADOPT THE ARTICLE AS AMENDED VOTED YES 161 NO 82
Quorum was present with BSO registered voters attending
Ail requirements of the law have been complie~ with.
ATTEST: