In order to protect the welfare of the inhabitants of the Town,
the following Earth Removal Bylaw is adopted pursuant to the provisions
of MGL c. 40, § 21, Paragraph 17.
The following provision shall be applicable in the Single Residence,
Suburban, Rural, Housing Authority and General Residence Zoning Districts:
The stripping or removal from any land of soil, loam, gravel, sand
or any other earth material is permitted within these zoning districts,
provided that such stripping or removal is actually necessary for
the construction of a building, structure, well, tank, pool, driveway,
parking area, path, other building appurtenance, sidewalk or road,
in which case the amount of earth materials to be stripped and removed
shall be limited to the volume of the foundation and basement of the
building, structure, well, tank, pool or other building appurtenance
or to the volume of the bed of the driveway, parking area, path, sidewalk
or road and such other amount as shall be required for grading and
sloping in connection with any of the foregoing; or is actually necessary
as part of a bona fide farm, garden, nursery, lawn making, planting,
recreational or cemetery activity or takes place on land in public
use; and provided further that except (1) when taking place on land
in public use, or (2) where the earth material to be stripped or removed
from any parcel of land in any calendar year shall not exceed in the
aggregate 25 cubic yards, a special use permit authorizing each such
stripping or removal shall have been obtained in advance from the
Select Board members, who may impose such conditions as shall safeguard
the Town and the neighborhood. Each such special use permit shall
require the preservation of the natural contour of the land wherever
feasible, and no such special use permit shall authorize the removal
of loam beyond the geographical limits of the Town. It is intended
by this clause that the stripping or removal of any earth material
from any parcel of land, for which a preliminary or definitive subdivision
plan had been prepared, shall be allowed only in the same manner as
the stripping or removal from any other land in the Town. Consequently,
tentative or final approval of a subdivision plan by the Planning
Board shall not be construed as authorizing the stripping or removal
of any material, even though in connection with the construction of
streets shown on the plan. For the purpose of this clause, the term
"parcel of land" shall be construed to mean all adjoining lots or
tracts in common ownership.
The following provision shall be applicable in the Industrial
Zoning District: The moving of sod, loam, gravel and other earth materials
from place to place within the Light Industrial Zoning Districts and
the removal of soil materials other than sod and loam from the Light
Industrial Districts are permitted within industrial districts, provided
such moving or removal is authorized by a special use permit from
the Select Board. Such permit shall be made subject to appropriate
conditions, limitations and safeguards designed to protect area property
owners from noise, dust or prolonged scars on the landscape, to safeguard
lives and property, and to prevent unnecessary destruction of natural
vegetation and original contours, and to protect the Town against
costs or expenses occasioned upon the Town by such removal. Excavation
and grading authorized by this section shall not exceed in depth and
slope the contours as approved by the Select Board.
Any person, firm, or corporation willfully violating, disobeying,
or refusing to comply with any of the provisions of this bylaw shall
be prosecuted under the terms of MGL c. 40, § 21, Paragraph
17, and shall be subject to a fine of $50 for the first offense, $100
for the second offense, and $200 for any subsequent offense. Each
day of noncompliance shall constitute a separate offense. The Board
may revoke or suspend the permit of any person, firm or corporation
holding a permit under this bylaw if such person, etc. violates, disobeys,
or fails to comply with any of the provisions of this bylaw.