Town of North Andover, MA Watershed Protection District

General. There shall exist a General Zone within the Watershed Protection District which shall consist of all land located beyond 325 feet horizontally from the annual mean high water mark of Lake Cochichewick and all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw[1]) located within the watershed for all lots created on or prior to October 24, 1994, and 400 feet horizontally from the annual mean high water mark of Lake Cochichewick and all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for lots created after October 24, 1994.

[1]

Editor's Note: See Ch. 190, Wetlands Protection.

Non-Discharge. There shall exist a Non-Discharge Zone within the Watershed Protection District which shall consist of all land areas located between 250 feet and 325 feet horizontally from the annual mean high water mark of Lake Cochichewick and between 100 feet and 325 feet horizontally from the edge of all wetland resource areas (as defined by in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for lots created on or prior to October 24, 1994, and for all land located between 250 feet and 400 feet horizontally from the annual mean high water mark of Lake Cochichewick and between 150 feet and 400 feet from all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for all lots created after October 24, 1994.

Non-Disturbance. There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District which shall consist of all land areas located within 250 feet horizontally from the annual mean high water mark of Lake Cochichewick, and within 100 feet horizontally from the edge of all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for all lots created on or prior to October 24, 1994, and for all land located between 150 feet and 250 feet horizontally from the annual mean high water mark of Lake Cochichewick and between 75 feet and 150 feet from all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for all lots created after October 24, 1994.

Conservation. There shall exist a Conservation Zone within the Watershed Protection District which shall consist of all land areas located within 150 feet horizontally from the annual mean high water mark of Lake Cochichewick and within 75 feet horizontally from the edge of all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for all lots created after October 24, 1994.

In the event that the SPGA determines, on the basis of credible evidence before it, that there exists a significant doubt or dispute concerning the proper location of boundaries of the Watershed Protection District on any individual lot or lots, the SPGA shall, at the request of the owner of such lot or lots, engage a registered professional engineer to advise it in determining such boundaries. The owner making such request shall reimburse the SPGA for the cost of such engineer. Upon completion of the engineer's report to the SPGA, the SPGA shall hold a hearing; such report shall be deemed evidence sufficient to establish the location of the boundary unless rebutted by credible evidence to the contrary.

When the Watershed Protection District boundary divides a lot of record as of June 28, 1978, in one ownership, that portion of the lot within the Watershed Protection District must comply with this bylaw. Where the premises are partially outside of the Watershed Protection District, potential pollution sources such as on-site waste disposal systems shall be located outside of the district to the extent feasible.

The provisions relating to the Conservation Zone shall not apply to any activities undertaken by the Division of Public Works.

The provisions relating to the Conservation Zone and the enlargement of the Non-Disturbance Zone and the Non-Discharge Zones shall only apply to lots recorded or registered after the date of the enactment of this amendment (October 24, 1994).

Table 1. Lots Created After October 24, 1994
	Conservation	Non-Disturbance	Non-Discharge
From annual high water mark of Lake Cochichewick	150 feet	250 feet	400 feet
From edge of all wetland resource areas within the Watershed District	75 feet	150 feet	400 feet

Table 2. Lots Created on or Prior to October 24, 1994
	Non-Disturbance	Non-Discharge
From annual high water mark of Lake Cochichewick	250 feet	325 feet
From edge of all wetland resource areas within the Watershed District	100 feet	325 feet

Diagram 1

Diagram 2

§ 195-4.19 Uses and building requirements.

[Amended 6-17-2021 ATM by Art. 30]

General Zone. There shall exist a General Zone within the Watershed Protection District which shall consist of all land located beyond 325 feet horizontally from the annual mean high water mark of Lake Cochichewick and all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw[1]) located within the watershed for all lots created on or prior to October 24, 1994, and 400 feet horizontally from the annual mean high water mark of Lake Cochichewick and all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for lots created after October 24, 1994.

Allowed uses. The following uses shall be allowed in the General Zone of the Watershed Protection District as itemized below:

All permitted uses allowed in § 195-4.2, setting forth permitted uses in Residence 1, 2, and 3 Districts, of the Zoning Bylaw.

All uses associated with municipal water supply/treatment and public sewer provided by the Town of North Andover.

The Division of Public Works may conduct routine maintenance of any existing use of property, including the maintenance and improvements of existing Roadways and drainage systems.

Maintenance of fire access lanes by the Fire Department.

All agricultural uses, providing that such uses exercise best management practices and are undertaken in such a manner as to prevent erosion and siltation of adjacent water bodies and wetlands.

Uses allowed by special permit. The following uses may be allowed in the General Zone of the Watershed Protection District by the granting of a special permit issued pursuant of § 195-4.20 of this Article 4, Part 5:

Golf courses, public or private, with best management practices.

Any other uses not provided for elsewhere in this section.

A commercial kitchen on public sewer.

Prohibited uses. The following uses are specifically prohibited within the General Zone of the Watershed Protection District:

Any solid waste facility as defined by MGL c. 111, § 150A.

Municipal sewage treatment facility, not including sewer lines, pump stations and other accessory sewer system equipment used to transport sewage to a treatment facility located outside of the district.

Privately owned wastewater treatment plants.

Road salt or other deicing stockpiles.

Underground tanks or collection pits for storage of fuel or hazardous materials, including any tanks or collection pits partially below mean ground elevation, but excluding any tanks located completely within a building otherwise permitted under this section.

(f)

Dumping of snow from outside the district.

(g)

Motor vehicle salvage operations and junkyards.

(h)

Car washes.

(i)

Self-service laundries, unless connected to public sewer.

(j)

Airplane, boat, or motor vehicle service and repair establishments (including auto body shops).

(k)

Metal plating, finishing or polishing.

(l)

Chemical and bacteriological laboratories.

(m)

Electronic circuit assembly.

(n)

Hotels or motels, unless connected to public sewer.

(o)

Painting, wood preserving and furniture stripping establishments.

(p)

Photographic processing establishments.

(q)

Printing establishments.

(r)

Dry-cleaning establishments.

(s)

Storage of herbicides, pesticides or fertilizers, other than in amounts normally associated with household or existing agricultural use.

(t)

Commercial cabinet or furniture making.

(u)

Commercial storage or sale of petroleum or other refined petroleum.

(v)

Commercial manufacture, storage, use, transportation or disposal of any substance of such physical, chemical or infectious characteristics as to pose a significant, actual or potential, hazard to water supplies, or other hazard to human health if such substance or mixture were discharged onto land or waters of this Town, including but not limited to organic chemicals, petroleum products, heavy metals, radioactive or infectious waste, acids, and alkalis, and all substances defined as toxic or hazardous under MGL Chapter 21C and Chapter 21E and the regulations promulgated there under, and also including pesticides, herbicides, solvents and thinners.

(w)

Restaurants unless connected to public sewer.

(x)

Commercial kitchens unless connected to public sewer.

Building requirements. All construction in the Watershed Protection District shall comply with best management practices for erosion, siltation, and stormwater control in order to preserve the purity of the groundwater and the lake; to maintain the groundwater table; and to maintain the filtration and purification functions of the land.

[1]

Editor's Note: See Ch. 190, Wetlands Protection.

Non-Discharge Buffer Zone. There shall exist a Non-Discharge Buffer Zone within the Watershed Protection District, which shall consist of all land areas located between 250 feet and 325 feet horizontally from the annual mean high water mark of Lake Cochichewick and between 100 feet and 325 feet horizontally from the edge of all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw[2]) located within the watershed for lots created on or prior to October 24, 1994, and for all land located between 250 feet and 400 feet horizontally from the annual mean high water mark of Lake Cochichewick and between 150 feet and 400 feet from all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for all lots created after October 24, 1994.

Allowed uses. All of the Allowed Uses listed in § 195-4.19A(1) of this Watershed Protection District Bylaw are allowed in the Non-Discharge Buffer Zone except as noted below.

Uses allowed by special permit. The following activities may be allowed within the Non-Discharge Buffer Zone only by the granting of a special permit issued pursuant of § 195-4.20 of this Watershed Protection District Bylaw:

Any surface or subsurface discharge, including, but not limited to, stormwater runoff; drainage or any roadway that is maintained by the Division of Public Works or any private association; outlets of all drainage swales; outlets of all detention ponds. All stormwater management systems shall employ best management practices.

Prohibited uses. The following uses are specifically prohibited within the Non-Discharge Buffer Zone:

All of the prohibited use listed in § 195-4.19A(3) of this Watershed Protection District Bylaw are prohibited in the Non-Discharge Zone.

The use of, or method of application of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply.

The use of lawn care or garden products that are not organic or slow-release nitrogen.

Building requirements. All construction in the Watershed Protection District shall comply with the best management practices for erosion, siltation, and stormwater control in order to preserve the purity of the groundwater and the lake; to maintain the groundwater table; and to maintain the filtration and purification functions of the land.

[2]

Editor's Note: See Ch. 190, Wetlands Protection.

Non-Disturbance Buffer Zone. There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District, which shall consist of all land areas located within 250 feet horizontally from the annual mean high water mark of Lake Cochichewick, and within 100 feet horizontally from the edge of all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw[3]) located within the watershed for all lots created on or prior to October 24, 1994, and for all land located between 150 feet and 250 feet horizontally from the annual mean high water mark of Lake Cochichewick and between 75 feet and 150 feet from all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for all lots created after October 24, 1994.

Allowed uses. All of the allowed uses listed in § 195-4.19A(1) of this Watershed Protection District Bylaw are allowed in the Non-Disturbance Zone except as noted.

Uses allowed by special permit. The following uses shall be allowed within the Non-Disturbance Buffer Zone only by special permit issued pursuant to§ 195-4.20 of this Watershed Protection District Bylaw:

Any activities which cause a change in topography or grade.

Vegetation removal or cutting, other than in connection with agricultural uses or maintenance of a landscape area.

Construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals.

Replacement of any permanent structure.

Any surface or subsurface discharge, including, but not limited to, stormwater runoff; drainage of any roadway that is maintained by the Division of Public Works or any private association; outlets of all drainage swales; outlets of all detention ponds.

(f)

Construction of any accessory structure or expansion of any existing structure by less than 25% of the gross floor area if the existing structure exceeds 2,500 square feet.

(g)

Construction of any accessory structure or expansion of any existing structure by less than 50% of the gross floor area if the existing primary structure is less than 2,500 square feet and the primary structure will be connected to municipal sewer upon completion of the project.

Prohibited uses. The following uses are specifically prohibited within the Non-Disturbance Buffer Zone:

All of the prohibited uses listed in § 195-4.19B(3) of this Watershed Protection District Bylaw are prohibited in the Non-Disturbance Zone.

Construction of any septic system.

Construction of any new permanent structure, or expansion of an existing structure except as allowed by special permit per § 195-4.19C(2).

The use of, or method of application of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply.

The use of lawn care or garden products that are not organic or slow-release nitrogen.

[3]

Editor's Note: See Ch. 190, Wetlands Protection.

Conservation Zone. There shall exist a Conservation Zone within the Watershed Protection District, which shall consist of all land areas located within 150 feet horizontally from the annual mean high water mark of Lake Cochichewick, and within 75 feet horizontally from the edge of all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw[4]) located within the watershed for all lots created after October 24, 1994.

Allowed uses. The following uses shall be allowed in the Conservation Zone of the Watershed Protection District except as noted below:

All uses associated with municipal water supply/treatment and public sewer provided by the Town of North Andover.

The Division of Public Works may conduct routine maintenance of any existing use of property, including the maintenance and improvement of existing roadways and drainage systems.

Maintenance of fire access lanes by the Fire Department.

Uses allowed by special permit. No special permits will be granted in the Conservation Zone.

Prohibited uses.

The following uses are specifically prohibited within the Conservation Zone:

[1]

All of the prohibited uses listed in § 195-4.19C(3) of this Watershed Protection District Bylaw are prohibited in the Conservation Zone.

[2]

Any activities which cause a change in topography or grade.

[3]

Vegetation removal or cutting, other than in connection with existing agricultural uses or maintenance of an existing landscape area.

[4]

Construction or placement of any new permanent structures.

[5]

Any surface or subsurface drainage, including, but not limited to, stormwater runoff.

[6]

Animal feedlots or the storage of manure.

[7]

Construction of any septic system.

[8]

Construction of any accessory structure or expansion of any existing structure by 25% or more of the gross floor area of the existing structure.

[9]

The use of, or method of application of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply.

[10]

The use of lawn care or garden products that are not organic or slow-release nitrogen.

The above prohibitions shall not apply to any activities undertaken by the Division of Public Works within its authority or to work completed in conjunction with the construction of the municipal sewer system.

[4]

Editor's Note: See Ch. 190, Wetlands Protection.

§ 195-4.20 Special permit requirements.

Three hard copies and one electronic copy of an application for a special permit under this Part 5 shall be filed with the SPGA. Special permits shall be granted if the SPGA determines that the intent of the bylaw, as well as its specific criteria, is met. In making such determination, the SPGA shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to water quality which would result if the control measures failed.

[Amended 6-17-2021 ATM by Art. 30]

Upon receipt of a special permit application, the SPGA shall transmit one copy of each to the Division of Public Works, Fire Chief, Title III Committee, Division of Planning and Community Development, Conservation Commission, the Board of Health, and the Watershed Council for their written recommendations. Failure to respond in writing within 30 days shall indicate approval or no desire to comment by said agency.

An application for a special permit under this section shall include the following information:

Application form for a special permit from the Planning Board.

Map at a scale of one inch equals 40 feet prepared by a registered professional engineer or surveyor showing:

The annual mean high water mark of Lake Cochichewick (if the annual mean high water mark is within 400 feet of any proposed activity);

The edge of all wetland resource areas, as confirmed by the Conservation Commission (if the edge of the wetland resource area is within 400 feet of any proposed activity);

The Conservation Zone;

The Non-Disturbance Zone;

The Non-Discharge Zone;

(f)

The edge of vegetation clearing (edge of work).

Written certification by a registered professional engineer, or other scientist educated in and possessing extensive experience in the science of hydrology and hydrogeology, stating that there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick.

Proof that there is no reasonable alternative location outside the Non-Disturbance and/or Non-Discharge Buffer Zone, whichever is applicable, for any discharge, structure, or activity, associated with the proposed use to occur.

(5)

Evidence of approval by the Massachusetts Department of Environmental Protection (DEP) of any industrial wastewater treatment or disposal system or any wastewater treatment system of 15,000 gallons per day capacity.

(6)

Evidence that all on-site operations, including, but not limited to, construction, wastewater disposal, fertilizer applications and septic systems, will not create concentrations of nitrogen in groundwater, greater than the federal limit at the downgradient property boundary.

(7)

Projections of downgradient concentrations of nitrogen, phosphorus and other relevant chemicals at property boundaries and other locations deemed pertinent by the SPGA.

The SPGA may also require that supporting materials be prepared by other professionals, including, but not limited to, a registered architect, registered landscape architect, registered land surveyor, registered sanitarian, biologist, geologist or hydrologist, when, in its judgment, the complexity of the proposed work warrants the relevant specified expertise.

Special permits under this section shall be granted only if the SPGA determines, after the time of comment by other Town agencies as specified above has elapsed, that, as a result of the proposed use in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick.

Any special permit issued under this section for a new permanent structure (other than an accessory structure or expansion that is less than 25% of the gross floor area of a structure) or a septic system shall require that such structure or system be constructed outside the Non-Disturbance Buffer Zone.

Within the Non-Disturbance Zone and Non-Discharge Buffer Zone, any runoff from impervious surfaces shall, to the extent possible, be recharged on site and diverted toward areas covered with vegetation for surface infiltration. Where on-site recharge is not feasible due to soil or other natural conditions, other mitigating measures such as sedimentation ponds, filter berms, or restoring wetlands shall be used only where other methods are not feasible and after approval by the Board of Health, Building Inspector and the Division of Public Works to assure that the methods used for on-site infiltration and/or other measures shall remain effective.

Provisions shall be made to protect against toxic or hazardous material discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through measures such as spill control provisions in the vicinity of chemical or fuel delivery points; secured storage areas for toxic or hazardous materials; and indoor storage provisions for corrodible or dissolved materials. For operations which allow the evaporation of toxic materials into the interior of any structure, a closed vapor system shall be provided for each structure to prevent discharge or contaminated condensate into the groundwater.

For any toxic or hazardous waste to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with MGL Chapter 21C.

§ 195-4.21 Emergency permits.

The Planning Board may issue an emergency special permit, subject to the subsequent consideration and determination by the Planning Board and upon the following findings:

The work proposed is deemed necessary for the protection of the quantity or quality of the water in or entering Lake Cochichewick; and

The proposed work must be undertaken before the regular special permit application process could be completed.

A request for an emergency special permit shall be made in writing to the Planning Board and shall include the following:

A statement as to why the emergency work is necessary to protect the quality and/or quantity of water in and/or entering Lake Cochichewick; and

A statement as to why the emergency work must be undertaken before the completion of the regular special permit application process; and