[HISTORY: Adopted by the Town Meeting of the Town of Lynnfield 10-20-2003 ATM (Ch.
5, § 27, of the Bylaws). Amendments noted where applicable.]
No commercial, industrial or business property that involves
in any way the burning or use of diesel fuel or involves the regular
use and operation of vehicles using or burning diesel fuel ("diesel
burning site") shall be constructed, built, operated or maintained
in the Town of Lynnfield without a diesel burning site assignment
as set forth herein and without first obtaining from the Town of Lynnfield
Board of Health an operating permit for the right to construct, operate
and maintain a diesel burning site; and in any case, no diesel burning
site as defined herein shall be established within a proximity of
1,000 feet of a residential area.
No commercial, industrial or business site within the Town of
Lynnfield shall be used, established, maintained or operated until
such site has been assigned by the Board of Health of the Town of
Lynnfield in accordance with MGL c. 111, §§ 31C and
143. The assignment of a place as a diesel burning site shall be subject
to such limitations with respect to the extent, character, and nature
of the operations as may be necessary to protect the public health.
The Board of Health may prohibit any diesel burning site as a whole
whenever, by any of the methods employed, it has become or may become
a nuisance, offensive, or possibly injurious to the public health
or safety.
All diesel burning sites operating within the Town of Lynnfield
at the time of adoption of this bylaw are exempt from the requirements
of this bylaw. Any expansion of or addition to such existing site
will be subject to the requirements of this bylaw.
The Board of Health shall adopt rules and regulations necessary
and reasonable to implement the provisions of this bylaw.
