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3 . REGULATION OF CONSTRUCTION AND LAPID ALTERATION . ,
<br /> (A) Within the above-described
<br /> area, no construction of dwellings
<br /> or any other primary or accessory buildings or structures, except ,.f
<br /> those permitted under Section 6. 3 . 1 (9) or Section 11C. 3 . (D) , is
<br /> permitted.
<br /> (B) Within the above-described area, no clear cutting of existingy
<br /> vegetation or wildlife habitat, except for a path no more than 3
<br /> twenty (20) feet wide to provide access to structures allowed
<br /> under Section 6 . 3. I (9 ) or for trail or other passive recreation ?1
<br /> uses operated by the town, state or other public agency, is per- epi
<br /> mitted. '
<br /> (C) No dumping, fill, paving, removing of material or dredginga '
<br /> permitted under the
<br /> :nal be done, except as per s 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 I '6
<br /> may be continued, repaired, maintained, improved or enlarged, §
<br /> or replaced in case of its destruction, provided that no im- �j�j
<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 M.G.L. , Chapter 131, Sec-
<br /> tion 40 (and in no case into such areas) than its location prior {
<br /> to the above date.
<br /> (E) Repair and maintenance of any road, bikeway or trail within
<br /> the above-described area is permitted. Construction of any new I i
<br /> road, bikeway or other way requiring paving, fill or other sig-
<br /> nificant 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 Appeals has granted a variance
<br /> from these requirements in order to allow access to areas not
<br /> included in the above-described area to which access would other-
<br /> wise be impossible. Any construction, repair, maintenance, im-
<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 131 , Sections 40 and 40A and all other applicable laws,
<br /> by-laws , and regulations. '!!!I
<br /> (F) Any owner of a lot which is buildable at the time of the �j
<br /> effective date of this Section, but which is :Wade unbuildable
<br /> due to its requirments , may apply to the Board of Appeals for a
<br /> variance From the requirements of this Section. The Board of
<br /> Appeals shall consult the Conservation Commission in :Waking its' ( �
<br /> decision, and in no case shall the grant of relief be more than
<br /> the minimum necessary to allow a reasonable use of the lot. The ;I i
<br /> Board of Appeals, in considering applications hereunder, shall
<br /> give primary importance to the protection of the environment.
<br /> (G) No orovisions of this Section are intended to sucercede or
<br /> otherwise Limit the authorit:r of the Conservation Commission under
<br /> M.G.L. , Chapter 131, Sections 40 and 40A or the Town' s Wetlands
<br /> Protection By-Law. �
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