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Understanding Article 1 and its Amendment

Understanding Article 1 and its Amendment

Article 1 and Amendments: A brief history

A special town meeting was called for when it became clear the the town governance was not listening to community input about the proposed Haggetts Pond Trail. Three articles were introduced in an attempt to strenghen and enforce existing rulemaking. 

The proposed amendments to Article 1 addressed resident and town concerns about “unintended consequences” that might prevent maintenance in the watershed area. After its amendment on the floor, Article 1 was revised to address a scrivener error and to remove the reference to sub-section 5.

The amendment added the word “non-asphaltic” to the existing By-Law 8.8.6 item 21 while excluding parking lots from that prohibition. That was to ensure that no asphalt paving took place immediately adjacent to our drinking water supply while still allowing construction of a parking lot near Haggetts Pond as part of future enhancement to accessibility.  At the same time, it permits an alternate hard surface like stone dust to allow accessibility for wheelchairs and strollers.

Only the areas in “Priority 1” of the Watershed Protection Overlay District would have been affected by the Article if adopted. These areas cover very little residential land. They had already been subject to stringent approval requirements – this change was simply to add a prohibition on paving to protect our water supply that existing constructed lots would be exempted from anyway. The areas are indicated in green in the map below.

Haggetts Pond Priority 1 and 2 Zoning Overlays

Original Warrant Article 1

For your reference, the original Warrant Article 1 follows.

To amend the following section of Article VIII of the town of Andover’s Zoing By-Law;

Amend Section 8.1.6. Prohibited Uses, item 5 to read (bolding only to emphasize changes);

Any new building, 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, and unpaved foot, bicycle, and/or horse paths and bridges and other systems excluding any affiliated parking lots, that will be consistent with the purposes set forth in Section 8.8.1;

Amend Section 8.1.6 Prohibited Uses, item 21 to read (bolding only to emphasize changes):

For lots constructed after June 1, 2009, in addition to the above-named prohibited uses the following shall apply: Any new building, structure, land-disturbing activities, excavation, or fill within Priority Zone 1 as defined in this by-law, except for that which is necessary for the operation, modification, repair, replacement, or expansion of the Town’s public drinking water supply system, and unpaved foot, bicycle, or horse paths and bridges and said systems excluding any affiliated parking lots, which will be consistent with the purposes set forth in Section 8.8.1.

Planned Amendment to Warrant Article 1 

The petitioner will propose this amendment from the floor of the Special Town Meeting on March 11 to incorporate residents’ feedback
To remove section 8.1.6 Prohibited Uses, item 5 and to correct item 21 wording as printed in the warrant. Also to correct section numbers in the article to call a special town meeting, reflecting the recodification of section numbers of the Zoning Bylaw, Section 8.8 (“Watershed Protection Overlay District).

Amendment to article 1, replacing the section number 8.1.6 with 8.8.6 at the beginning of the section referenced and also to amend the final line by replacing the section number of 8.1.1 with 8.8.1. (due to scrivener’s error)
After this amendment, Article 1 will appear as follows with strikethrough of text to be removed:

To amend the following section of Article VIII of the town of Andover’s Zoing By-Law;

Amend Section 8.1.6. Prohibited Uses, item 5 to read (bolding only to emphasize changes);

Any new building, 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, and unpaved foot, bicycle, and/or horse paths and bridges and other systems excluding any affiliated parking lots, that will be consistent with the purposes set forth in Section 8.8.1;

Amend Section 8.1.6 8.8.6 Prohibited Uses, item 21 to read (bolding only to emphasize changes):

For lots constructed after June 1, 2009, in addition to the above-named prohibited uses the following shall apply: Any new building, structure, land-disturbing activities, excavation, or fill within Priority Zone 1 as defined in this Section 8.8, except for that which is necessary for the operation, modification, repair, replacement, or expansion of the Town’s public drinking water supply system, and non-asphaltic foot, bicycle, or horse paths and bridges and said systems excluding any affiliated parking lots, which will be consistent with the purposes set forth in Section 8.1.1. 8.8.1.