The Saltmarsh Conservation District shall be the area along
the North River from the river itself to the upland edge of the marsh
as defined and shown on the 1915 Plan of the North River Authorized
by Chapter 112, Resolves of 1914, William F. Williams, Chief Engineer,
a copy of which is on file in the office of the Town Clerk and is
made a part hereof.
In the Saltmarsh Conservation District, no structure shall be
erected except noncommercial docks, catwalks, piers, wharfs or floats,
nor may any area within said zone be filled, drained, dredged or excavated,
except by special permit.
A. The owner of any land located in this district, or his agent, may
apply to the Board of Appeals for a special permit for the construction
of any structure which would have been permitted on said land prior
to the adoption of this article, or for filling, drainage, dredging
or excavation.
B. No permit shall be granted which will adversely affect the natural
character of the area in which the land referred to in the application
is located.
C. No such permit shall be granted except after notice and hearing as
is provided by law for the granting of variances. In addition, notice
shall be given by registered mail to the Chair of the Conservation
Commission or his designated representative.
D. The Conservation Commission shall file a report setting forth the
opinion of the Conservation Commission as to whether or not the granting
of a permit will be consistent with the natural character of the area
and the aims and purposes of the Conservation Commission. If the Conservation
Commission shall fail to file its report on or before the date set
for the hearing on the permit, the Board of Appeals shall assume that
the Conservation Commission has no objection to the granting of the
permit, and the Conservation Commission shall have no standing to
appear to be heard in any further proceedings relative to such permit.