[HISTORY: Adopted by the Town Meeting of the Town of North
Andover as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 195.
No person shall accumulate, keep, store, park, place, repair,
deposit, or permit to remain upon premises owned by him/her, or under
his control, more than one unregistered vehicle or any dismantled,
unserviceable, junked or abandoned motor vehicle unless he/she is
licensed to do so under the General Laws or unless he/she has received
written permission to do so from the Board of Selectmen after a hearing.
Written permission may only be granted by said Board on condition
that the owner agrees to screen the permitted vehicle or vehicles
from view from neighboring land, ways or public highways, for breach
of which agreement said permission shall be revoked.
This article shall not apply to agricultural vehicles in use
on an operating farm.
Whoever violates or continues to violate this article after
having been notified of such violation shall be punished by a fine
of $50. Each week during which such violation is permitted to continue
shall be deemed to be a separate offense.
The Town of North Andover hereby enacts this bylaw, in strict
compliance with MGL c. 131, § 80A, as amended ("Section
80A"), and all other applicable federal and state laws, rules, and
regulations (altogether, the "Rules"), for the efficient protection
of human health and safety and public and private property from damage
resulting from beaver or other animal-related dams and blockages.
This bylaw affirms the above Rules and specified processes and
directs that the Rules be followed in their word and their intent
in the Town of North Andover. The emphasis shall be on creating an
implementation that, consistent with the Rules, is effective and efficient
and minimally burdensome on the Town and its residents and property
owners over both the short and the long term. The North Andover Board
of Health shall take a leadership role and primary responsibility
in defining and managing that implementation.
The Board of Health will actively work to formally clarify the
meaning of any portions of Section 80A about which there is doubt
or differing interpretation, consistent with other applicable laws,
rules, regulations, and judicial decisions in federal and state courts.
It shall be the duty of each property owner to manage any dams
or blockages on his/her property in accordance with all applicable
laws, rules, and regulations, and so as to minimize or eliminate damage
or threat to human health and the safety of others.
As property owner, the Town is responsible for the management
of dams or blockages on Town property.
In cases where the Board of Health determines, consistent with
Section 80A, that there is a threat to human health or safety due
to a dam or blockage on a particular property, the Board will immediately
notify the property owner and direct that the property owner immediately
resolve the problem consistent with MGL c. 111, § 123.
The Board of Health and the Conservation Commission will actively
assist in the resolution of difficulties between property owners around
these issues, and assist and provide guidance to private property
owners in the management of their own difficulties in this regard.
A.
The Board of Health, working with the Massachusetts Division of Fisheries
and Wildlife (DFW), will take an active leadership role in the development
and approval of a comprehensive, practical, long-term management plan
for each site where there is determined to be an issue within the
scope of Section 80A.
B.
The Town will store all such plans, make available copies for use
in other situations where a plan is being developed, and provide copies
at cost whenever requested; preferably also making all such plans
freely available on the Town website for easy reference.
C.
A long-term plan shall be for a site, not an individual. As such,
a long-term plan may run with the land.
D.
All persons to whose property access is required to implement a long-term
plan, or whose property is affected by the problem, may be a part
of the preparation of and agreement to such plan.
E.
A long-term plan shall be for the foreseeable future, although any
plan is modifiable whenever the need arises. Such plans shall be written
and shall be specific about what is to be done, who is responsible,
the geographic area of the site, and what inspections are to be performed
to verify that the plan is being followed.
F.
A long-term plan should strive to minimize the number of other permits
required to be obtained and kept in effect.
In addition to continuing to work together for the protection
of Town sewer pumping stations and Town water supply, the Division
of Public Works and the Water and Sewer Departments (herein "DPW+W+S")
shall be knowledgeable about all waterways near or affecting sewer
pumping stations. The DPW+W+S shall proactively address any site where
a dam or blockage is likely to impact a sewer pumping station.
The Board of Selectmen is authorized to establish a comprehensive
fee schedule under this bylaw. Said fee schedule, to the extent allowed
by law, shall supersede related fee schedules established by other
Town departments and/or boards. The intent of this section is to establish
one unified fee structure relating to beaver control.
If any provision of this bylaw is determined to be invalid,
such determination shall not affect the validity of the other provisions
of this bylaw, which other provisions shall remain in full force and
effect.
