12/02/1985 Annual Town Meeting - Laserfiche WebLink

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Article 69 (continued) Chapter 131 , Section 40 and 40A and any other applicable laws , by-laws and regulations. (D) Any structure which lies wholly or partly within the above- described area and which was lawfully in existence, or for which a building permit was legally granted, prior to the publication date of the town meeting warrant article adopting this Section may be continued, repaired, maintained, improved or enlarged, or replaced in case of its destruction, provided that no im- provement, enlargement or other new construction may extend more than ten (10) feet closer to any open water, watercourse, marsh or other wetland as defined by M.G.L. , Chapter 131, Sec- tion 40 (and in no case into such areas) than its location prior to the above date. (E) Repair and maintenance of any road, bikeway or trail within the above-described area is permitted. Construction of any new road, bikeway or other way requiring paving, fill or other sig- nificant construction is prohibited except for roads , bikeways or other ways constructed by the town, state or other public agencies or where the Board of Appeals has granted a variance from these requirements in order to allow access to areas not included in the above-described area to which access would other- wise be impossible. Any construction, repair, maintenance, im- provement or enlargement of such roads , bikeways or other ways shall be in conformance with the requirements of M.G.L. , Chap- ter 131 , Sections 40 and 40A and all other applicable laws, by-laws, and regulations. (F) Any owner of a lot which is buildable at .the time of the effective date of this Section, but which is made unbuildable due to its requirments , may apply to the Board of Appeals for a variance from the requirements of this Section. The Board of Appeals shall consult the Conservation Commission in making its ' decision, and in no case shall the grant of relief be more than the minimum necessary to allow a reasonable use of the lot. The Board of Appeals, in considering applications hereunder, shall give primary importance to the protection of the environment. (G) No provisions of this Section are intended to supercede or otherwise limit the authority of the Conservation Commission under M.G.L. , Chapter 131 , Sections 40 and 40A or the Town ' s Wetlands Protection- By-Law. Submitted by Board of Selectmen Motion to reconsider Article 69. 8:10 FM. Motion to accept as a mhd. Notion caries. 138 yes- 21 no. 8:16M... Notion to adjourn. So mwed. Notion carries. 8:16 RBI.