Article 3 and Amendments: A Brief History
The proposed amendments to Article 3 were made to address resident and town concerns about “unintended consequences” that might prevent maintenance in the watershed area. The petitioner listened to fellow residents concerns, met with the Town Moderator and engaged with others in town administration. The outcome was the following amendment to Article 3 that will be presented from the floor of the Special Town Meeting on March 11.
Original Warrant Article 3
For your reference, the original Warrant Article 3 follows.
To amend the following sections of Article XIV of the town of Andover’s Watershed Protection Overlay District Zoning By-Law:
Amend Section 8.8.6. Prohibited Uses to add item #22 (bold only to emphasize changes):
Any road or pedestrian walkway, paved or unpaved, that requires structure, land-disturbing activities, excavation, or fill within 50 feet of all water bodies and watercourses as defined in this Bylaw; except for that which is necessary for the operation, modification, repair, replacement or expansion of the Town’s public drinking water supply system.
Planned Amendment to Warrant Article 3
The petitioner proposed this amendment from the floor of the Special Town Meeting on March 11 to incorporate residents’ feedback
Special Town Meeting Amendment
The purpose of this amendment was to correct the section numbers in the Bylaw Article numeration in Article 3 of the Special Town Meeting consistent with the Zoning Bylaw section cited (8.8.6) and update the wording in Article 3 to clarify the proposed added item # 22.
Amendment to Article 3, strike the roman numerals XIV (“Wetland Protection By-Law”) and replace it with section VIII (“Zoning Bylaw”), and Amendment to Article 3 item #22 wording, strike the word “road or” and alter the item wording as per in bold to read as follows:
To amend the following sections of Article XIV Article VIII of the town of Andover’s Watershed Protection Overlay District Zoning By-Law;
Amend Section 8.8.6, Prohibited Uses to add item #22 (bold only to emphasize changes to original article wording):
Any road or pedestrian walkway, paved or unpaved, that requires structure, land-disturbing activities, excavation, or non-topsoil fill within 50 feet of all water bodies and watercourses as defined in this Bylaw in Priority Zone 1; except for that which is necessary for the operation, modification, repair, replacement, or expansion of the following: the Town’s public drinking water supply system; the Town’s conservation of natural resources (whether by public or private organizations); the Town’s school grounds and facilities; safety and critical infrastructure (e.g., sidewalks, bridges, roadways); golf courses; playgrounds; or projects on private property not prohibited by other sections in this Bylaw.
After this amendment, Article 3 appeared as follows with strikethrough of text to be removed:
To amend the following sections of Article VIII of the town of Andover’s Watershed Protection Overlay District Zoning By-Law;
Amend Section 8.8.6, Prohibited Uses to add item #22 (bold only to emphasize changes to original article wording):
Any pedestrian walkway, paved or unpaved, that requires structure, land-disturbing activities, excavation, or non-topsoil fill within 50 feet of all water bodies and watercourses as defined in this Bylaw in Priority Zone 1; except for that which is necessary for the operation, modification, repair, replacement, or expansion of the following: the Town’s public drinking water supply system; the Town’s conservation of natural resources (whether by public or private organizations); the Town’s school grounds and facilities; safety and critical infrastructure (e.g., sidewalks, bridges, roadways); golf courses; playgrounds; or projects on private property not prohibited by other sections in this Bylaw.