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,. T T T L E
<br /> 3 , R_.G�LA_ iON OF CONS _R(:C _ 'CN -a.JD A,JD ALT—RaT:CN .
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<br /> (A) Within the above-described area , no construction of dwellings
<br /> or any other primary or accessory buildings or structures, except L
<br /> those permitted under Section 6 . 3 . I (9) or Section 11C . 3 . (D) , isj3
<br /> permitted. i
<br /> (B) Within the above-describe' area, no clear cutting of existing
<br /> ' or wildlife habitat, except for a path no more than
<br /> vegetation
<br /> t..ienty (20 ) feet wide to provide access to structures allowed
<br /> under Section 6 . 3 . I (9) or for trail or other passive recreation
<br /> uses operated by the town, state or other public agency, is per-
<br /> mitted.
<br /> er-
<br /> mitted. 9
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<br /> (C) No dumping, fill, paving, removing of material or dredging �.
<br /> :nal be done, except as permitted under the requirements M.G.L. ,
<br /> Chapter 131 , Section 40 and 40A and any other applicable laws,
<br /> by-laws and regulations.
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<br /> (D) Any structure which lies wholly or partly within the above—
<br /> described area -and which was lawfully in existence, or for which
<br /> a building permit was Legally granted, prior to the publication
<br /> date of the town meeting warrant article adopting this Section
<br /> may be continued, repaired, :maintained, improved or enlarged,
<br /> or replaced in case of its destruction, provided that no im-
<br /> provement, enlargement or other new construction may extend
<br /> more than ten ( 10 ) feet closer to any open water, watercourse,
<br /> marsh or other wetland as defined by K.G.L. , Chapter 131, Sec-
<br /> tion 40 (and in no case into such areas) than its location prior
<br /> to the above date. _ j
<br /> (E) Repair and :maintenance of any road, bikeway or trail within
<br /> the above-described area is permitted. Construction of any new
<br /> road, bikeway or other way requiring pa•fing, fill or other sig-
<br /> nifican= construction is _prohibited except for roads, bikeways
<br /> or other ways constructed by the town, state or other public
<br /> agencies or where the Board of Aooeals has granted a variance
<br /> from these requirements in order to allow access to areas not
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<br /> included in the above-described area to which access would other- M
<br /> wise be 4moossibie . Any construction, repair, :maintenance, ixt
<br /> provement or enlargement of such roads , bikeways or other ways ?
<br /> shall be in conformance with the requirements of M.G.L. , Chap-
<br /> ter L3L , Sections 40 and 40A and all other applicable laws,
<br /> j
<br /> by-laws, and regulations.
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<br /> (F) Any owner of a Lot which is buildable at the time of the �f !
<br /> effective :ate of _his Section, but which is made unbuildable a`
<br /> due to its requirments, may apply to the Board of Ampeals for a
<br /> variance from the requirements of this Section. The Board of I
<br /> Appeals s:.ali consult the Conservation Commission in making its'
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<br /> decision, and in no case shall :he grant of relief be more than
<br /> the minimum necessary to allow a reasonable use o_ the lot. The � 1�
<br /> Board of Apceals , in considering applications hereunder, shall
<br /> give primary importance to the protection of the environment.
<br /> (G) No provisions of this Section are intended to sucercede or s z
<br /> otherwise Limit the authority of the Conser•iation Commission under
<br /> K.G.L. , Chapter 131, Sections 40 and 40A or the Town' s Wetlands
<br /> Protection By-Law.
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