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to structures allowed under Section <br /> 6.3. I (9) or for trail or other passive <br /> recreation uses operated by the Town , <br /> state or other public agency, is <br /> permitted . <br /> ( C) No dumping , fill , paving , removing of <br /> material or dredging may be done , <br /> except as permitted under the require- <br /> ments M. G. L. , Chapter 131 , Section <br /> 40 and 40A and any other applicable <br /> laws , by-laws and regulations . <br /> (D) Any structure which lies wholly or <br /> partly within the above-described area <br /> and which was lawfully in existence , or <br /> for which a building permit was legally <br /> granted , prior to the publication date <br /> of the Town Meeting Warrant Article <br /> adopting this Section may be continued , <br /> repaired , maintained , improved or <br /> enlarged , or replaced in case of its <br /> destruction , provided that no <br /> improvement , enlargement or other new <br /> construction may extend more than ten <br /> ( 10 ) feet closer to any open water, <br /> watercourse , marsh or other wetland as <br /> defined by M. G. L. , Chapter 131 , Section <br /> 40 (and in no case into such areas ) <br /> than its location prior to the above <br /> date. <br /> ( E) Repair and maintenance of any road , <br /> bikeway or trail within the <br /> above-described area is permitted . <br /> Construction of any new road , bikeway <br /> or other way requiring paving , fill or <br /> other significant construction is <br /> prohibited except for roads , bikeways <br /> or other ways constructed by the town , <br /> state or other public agencies or where <br /> the Board of Appeals has granted a <br /> variance from these requirements in <br /> order to allow access to areas not <br /> included in the above-described area to <br /> which access would otherwise be <br /> impossible. Any construction , repair, <br /> maintenance , improvement or enlargement <br /> of such roads , bikeways or other ways <br /> shall be in conformance with the <br /> requirements of M. G. L. , Chapter 131 , <br /> Sections 40 and 40A and all other <br /> applicable laws , by-laws , and <br /> regulations . <br /> 11 - 21 <br />