CHAPTER II
ADMINISTRATION
2-1 Town Meeting 2-1.1 ANNUAL TOWN MEETING. An annual town meeting shall be held on the first Monday in May and shall begin not earlier than 7:30 p.m.
2-1.2 QUORUM AT TOWN MEETINGS. Thirty registered voters shall constitute a quorum for the transaction of business at any town meeting; but a lesser number may adjourn to some future date.
2-1.3 QUESTIONS TO BE DECIDED BY VOICE VOTE. Whenever a question is put, including matters requiring a two-thirds vote by statute or bylaw, the sense of the meeting shall be determined by the voice of the voters, and the moderator shall first announce the vote as it appears to him by the sound. If the moderator is unable to decide by the sound of the voices, or if his announcement is immediately doubted by seven or more voters rising in their places for that purpose, the moderator shall, without debate, doubt the vote and order a rising vote, and he may appoint tellers to make and return the count.
2-1.4 SPEAKERS FROM THE FLOOR. Without first obtaining leave of the meeting, no person shall speak more than twice on any question except to correct a mistake or misstatement, and no person shall speak more than 5 minutes at any one time without being again recognized by the moderator.
2-1.5 USE OF TOWN MEETING TIME. The conduct of a town meeting not prescribed by law or by the foregoing subsections shall be determined by the rules of practice contained in TOWN MEETING TIME so far as they are adapted to town meetings.
2-1.6 TWO-THIRDS VOTE REQUIRED TO RECONSIDER CLOSED BUSINESS. If any article of the warrant has been acted upon and disposed of, it shall not be reconsidered at that meeting or any adjournment thereof, except by a two-thirds vote.
2-1.7 DEPUTY MODERATOR. To the extent this bylaw is not inconsistent with G.L.c.39, § 14 and G.L.c. 41, § 10, the town moderator shall preside at all sessions of the town meeting. At the first session of the annual town meeting or the first town meeting following the election of the moderator, the moderator may appoint a voter as deputy moderator to assist the moderator, or to serve as moderator with all the powers and duties of the office in the event of a mid-term vacancy in the office or the absence, disability or recusal of the moderator. The appointment of a deputy moderator shall be subject to ratification by that town meeting.
In the absence of both the moderator and the duly ratified deputy moderator at any session of the town meeting, the town clerk shall open the meeting and preside over the election of a temporary moderator. In the absence of the moderator, duly ratified deputy moderator and the town clerk, the presiding officer of that session shall be determined in accordance with the General laws.
2-1.8 SECRET BALLOTS. If requested by one-fifth or more of those present and eligible to vote, the vote on a motion shall be taken by secret ballot in a form chosen by the moderator.
2-1.9 Notice of any Town Meeting, except as otherwise provided by law, shall be given by posting attested copies of the warrant at the Town Hall, Post Office, and the Essex Elementary School.
2-2 ELECTION OF OFFICERS
The first annual meeting shall be adjourned to the second Monday in May for the election of town officers and for balloting upon such matters as are required by law to be determined at such meetings. Thepolls shall be opened not earlier than 6:00 a.m. and shall be closed not later than 8:00 p.m.
If the town clerk or his deputy is not present at the opening of the polls, the clerk may appoint a person to fill such a vacancy who shall be an enrolled voter of the same political party as the absent officer, if any competent person enrolled in such party is present and willing to serve.
2-4 FINANCE AND ADVISORY COMMITTEE
2-4.1 MEMBERSHIP. There shall be a finance and advisory committee consisting of seven legal voters of the town. None of the seven members appointed hereunder shall be an elected officer, a member of another board of committee, other than a capital budgeting or personnel committee, or a town employee. This provision that a member of the Finance Committee may not serve on another Board or Committee may be waived by unanimous vote of the Finance Committee and the Board of Selectmen, provided that the members may not serve on a committee that receives or requests funds to be appropriated by the Town Meeting.
2-4.2 APPOINTMENT. The appointed members of the committee shall serve
for a term of three years on a staggered basis. An individual may be
reappointed to additional three year terms by a majority of the Board
of Selectmen.
Initial appointments following the 1968 annual town meeting, were two members to serve for one year; three members to serve for two years and two members to serve for three years.
Within ten days following each annual town meeting, positions on the committee vacant by reason of the expiration of a members term shall be filled by appointment by members of the committee whose terms did not expire at that annual town meeting. The Board of Selectmen must approve by majority vote any appointment to the Finance Committee.
If a vacancy occurs in the membership of the committee due to a members death, resignation or inability to act for any reason, a new member shall be appointed to fill such vacancy for the unexpired term thereof in the same manner specified above. Such vacancy shall be filled as soon as possible, but in any event, no later than 30 days from its occurrence. Any member who ceases to be a resident of the town shall upon such removal cease to be a member of the committee.
2-4.3 ORGANIZATION. Within one month of the annual town meeting, the committee shall meet at the call of any of the previous committees officers whose terms did not expire at the annual town meeting for the purpose of electing a chairman and secretary and any other officers and subcommittees from its own members as the committee deems necessary and desirable to carry out its work for the ensuing year.
2-4.4 MEETINGS. The committee shall meet at least monthly, except during the months of July and August at the town hall and may hold special meetings upon at least 24 hours notice to each member.
The time of the regular meetings of the committee shall be established at its organizational meeting, and may be subsequently changed by a majority vote of its members. A quorum for the purposes of meeting under the Open Meeting Law shall be defined as a majority of the number of members that are presently on the Committee and its calculation shall not include vacant seats.
2-4.5 FINANCIAL REPORTS TO COMMITTEES. All Town boards, officers, and committees authorized to expend Town money shall annually submit estimates of income and expenses for the ensuing fiscal year in connection with the operation, maintenance, and administration of their respective departments or offices. They shall also annually submit all income and expenses of their respective offices or departments for the preceding fiscal year and detailed estimates of amounts projected for the current fiscal year. The reports shall be supplemented by explanatory statements and reasons for any changes from amounts appropriated for the same purposes in the preceding fiscal year. Such reports shall be filed with the Town Accountant by January 10th, who shall at once transmit these reports to the Finance
Committee.
2-4.6 AUTHORITY AND DUTIES OF THE COMMITTEE.
a. All departments shall submit to the committee, and the committee shall consider any and all town questions which have a direct or indirect impact on the towns finances for the purpose of making reports and recommendations thereon to the town.
b. The committee shall have authority at any time to investigate the books, accounts, and management of any department of the town, and to employ such expert and other assistance as it may deem advisable for that purpose, and the book and accounts of all departments and officers of the town shall be open to the inspection of the committee and any person employed by it for that purpose.
c. The committee shall duly consider the estimates and statements filed by the town boards, officers, and committees, and may confer with these groups and hold hearings if they deem it advisable. The committee shall thereupon recommend to the town such sums and in such division of items as it considers necessary and practicable for each officer and department of the town.
d. The committee shall consider and act upon all emergency requests requiring transfer of funds from the reserve fund.
e. The committee shall be responsible for preparing a Capital Planning Budget with five-year projections annually.
2-5 TOWN ACCOUNTANT, AUDITS, ACCOUNTING SYSTEM
2-5.1 TOWN ACCOUNTANT. The selectmen shall appoint a town accountant in accordance with the provisions of Chapter 41, Section 55 of the General laws.
2-5.2 ANNUAL AUDIT. There shall be an annual audit of the towns accounts under the supervision of the director of accounts of the department of corporations and taxation, in accordance with the provisions of Chapter 44, Section 35 of the General Laws.
2-5.3 ACCOUNTING SYSTEM. An accounting system shall be installed in the town by the director of accounts in accordance with the provisions of Chapter 44, Section 35 of the General Laws.
2-5.4 CONTRACTING AUTHORITY. Unless otherwise provided by a vote of Town Meeting, each elected board or officer having authority for a particular appropriation is hereby authorized to enter into any contract not exceeding $5,000 and not requiring a signature from the vendor binding the Town to the transaction for the expenditure of such appropriation, on such terms and conditions, including the length of contracts, which such board or officer deems appropriate.
Any contracts by any elected or appointed board or officer in excess of $5,000 or which require a signature from the vendor binding the Town to the transaction must also be executed by the Selectmen. The Board of Selectmen is hereby authorized to enter into contracts for all matters not specifically under the jurisdiction or responsibility of any other elected board or officer. Notwithstanding the foregoing, the Board of Public Works established under Chapter 501 of the Acts of 1973 may enter into contracts a) for the procurement of supplies and services related to matters involving water supply and distribution as authorized by Chapter 262 of the Acts of 1934 without limitation as to contract value, and b) for any other purpose up to a contract value of $50,000. No board or officer of the Town shall contract for any
purpose, on any terms, or under any conditions inconsistent with any applicable provision of any general or special law.
2-6 BUILDING INSPECTOR.
2-6.1 APPOINTMENT. The Board of Selectmen shall in the month of June each year appoint a Building Inspector who shall hold office for the term of one year from the date of his appointment or until his successor is appointed.
2-6.2 QUALIFICATIONS. The Building Inspector shall be a qualified architect, builder or civil engineer, or a person who by his education and experience can properly perform the duties of his office.
2-6.3 ALTERNATE INSPECTOR. If the Inspector shall have any interest in doing of work or the furnishing of materials for the construction, repair, or alteration of any building in the town, or in the making of plans or specification thereof, then the application shall be referred to the Board of Selectmen, who shall appoint a competent person to act as inspector in his stead.
2-6.4 COMPENSATION. The compensation of any inspector or alternate inspector shall be determined by the Personnel Board.
2-6.5 RECORDS. Each inspector shall keep complete
records showing the receipt of all fees and applications
for permits, the action taken thereon, the date of receiving requests for inspections, the date and nature of the inspection made, and of all notices and orders issued by him. He shall pay to the Treasurer of the Town monthly all fees received by him during the previous month.
2-6.6 INSPECTION. Each Inspector, when called upon to make any inspections required by law, shall make such inspections within 48 hours, Sundays and holidays excepted. The Building Inspector shall make at least three inspections in the following times;
a. After excavations and before foundations or footings are installed.
b. Before interior sheathing, plaster, lathing or placing of concrete floors, in whole or part.
c. When all work is completed.
2-7 ELECTRICAL INSPECTOR.
2-7.1 APPOINTMENT. The Board of Selectmen shall in the month of June in each year appoint an electrical inspector who shall hold office for the term of one year from the date of appointment or until his successor is appointed.
2-7.2 COMPENSATION. The compensation of the Electrical Inspector shall be determined by the Personnel Board.
2-7.3 RECORDS. The Inspector shall keep complete records showing the receipt of all fees and applications for permits, the action thereon, the date of receiving requests for inspections, the date and nature of the inspection made, and of all notices and orders issued by him. He shall pay to the Treasurer of the Town monthly all fees received by him during the previous month. Any filing of forms or payment of fees shall occur at the time and place of inspection.
2-7.4 WORK BY OWNER. The owner of a property shall be permitted to do any and all electrical work on his own property. Work meeting the standards of the State Electrical Code shall be satisfactory.
2-7A FEES, BUILDING, ELECTRICAL, PLUMBING, AND GAS
ELECTRICAL FEE SCHEDULE:
Category Fee
With building permit: $3/thousand (based on estimated building
permit construction cost – not estimated
electrical cost) - $35 minimum/no maximum
Without building permit: All work $35
Re-inspection fee: $35
Penalty for work without
permit: Double fee
BUILDING FEE SCHEDULE:
Any construction work including new building, additions, etc.
Permit Application Minimum |
$35.00 |
Cost of Construction |
$6.00 per $1,000 plus minimum fee |
Building Demolition Fee |
$75.00 per story |
Reinspection Fee |
$25.00 per reinspection |
Stop Work Order Release Fee |
$50.00 |
For the purpose of determining the building permit fee, the “cost of construction” shall be generally be determined by the Inspector of Buildings to be an amount equal to the product of the square footage area of the construction multiplied by seventy-five dollars ($75.00). Square footage of any second story shall, for the purpose herein, be deemed to be one-half of the actual square footage of such second story. In cases where it is impossible or impractical to determine the “cost of construction” by the above method, then such “cost of construction” shall be as the Inspector of Buildings shall in his discretion determine.
PLUMBING FEE SCHEDULE:
New Construction – Residential $75.00, plus $5.00 per fixture
Commercial $100.00, plus $5.00 per fixture
Renovation/remodeling
First 3 Fixtures $40.00
Each additional $5.00 per fixture
Hot Water Heater Replacement $25.00
Solar Hot Water Tank $25.00
Plumbing fixtures and appliances
For each fixture or appliance $35.00
Piping $30.00
Swimming pool(In ground), Cisterns
Lawn Sprinklers $25.00
Septic/Sewer Connection $25.00
Drainage Pipe/Rain Leaders $25.00
Reinspection charge $25.00
GAS FEES:Boiler-Central Heat
-Residential $35.00
-Commercial $65.00
Gas fired hot water heater $25.00
L.P. Tank $35.00
Gas fixtures and appliances $20.00 (each)
Unit heater $20.00
Re-inspection charge $25.00
New construction and renovation/remodeling includes without limitation water closets, kitchen sinks, lavatories, bath tubs and shower stalls.
Appliances include dishwashers, disposals, and washing machines.
Fixtures include laundry trays, tankless heaters, slop sinks, floor drains, gas traps, urinals, drinking fountains, area drains, water piping, roof drains and back flow prevention.
Gas appliances include ranges, heaters, ovens, grills and dryers.
Gas fixtures include furnaces, gas generators, laboratory cocks, conversion burners, roof top units, direct vent heaters, pool heaters and test controls.
Building, plumbing, and gas work done without permits is subject to a doubling of the regular permit fee(s) as listed/calculated above in this section.
2-8 PLANNING BOARD.
2-8.1 ESTABLISHED. On March 29, 1954, at a special town meeting the town adopted the Subdivision Control Law, Chapter 41, Sections 81A et seq. of the General Laws of Massachusetts. The authority of the planning Board stems from Chapter 41, Section 81Q of these General Laws. Subdivision regulations are further detailed in Appendix A of this code.
2-8.2 DUTIES. The duties of the planning board shall include the following:
a. To study and make plans of the resources, possibilities and needs of the town.
b. To report annually to the town on results of its studies with any recommendations.
c. To examine plans of proposed streets or other town improvements and make recommendations regarding these plans.
d. To report to the town on any item referred to it by the town for its opinion.
e. To report, after due consideration, to the town meeting in writing such recommendations as it deems best for the interests of the town and its citizens regarding any warrant pertaining to the physical resources and features of the town. The Selectmen, after drawing any such warrant, shall transmit immediately a copy thereof to each member of the board.
2-8.3 BOARD REVIEW REQUIRED FOR NEW STREETS. No street shall be proposed for acceptance at any town meeting unless such proposed action shall have been submitted to the planning board for its recommendation at least 60 days prior to the date of the town meeting.
2-8.4 BOARD OF APPEALS. The town shall establish a board of appeals for the planning board consisting of three members with powers as provided in Chapter 41, Section 81R of the General Laws.
The board of appeals shall be appointed for terms of such length, and so assigned that the terms of one member shall expire each year. Three associate members shall likewise be appointed with powers as provided in Chapter 41 of the General Laws.
2-9 PERSONNEL BOARD.
There shall be a personnel board established pursuant to Chapter 40, Section 21A and Chapter 41, Section 108A and 108C of the General Laws. The composition of the board and its duties shall be as set forth in section 3-3 of this revision.
2-10 CONSERVATION COMMISSION.
The town hereby adopts the provisions of the General Laws, Chapter 40, Section 8C, as amended, and establishes the conservation commission for the purposes and with the rights and duties provided by law, to be composed of seven residents of the town appointed by the selectmen for the terms of three years except that the initial appointments shall be two for one year, two for two years and one for three years, and that there be established a conservation fund as authorized by law.
2-11 HOUSING AUTHORITY.
Under the provisions of Chapter 121, Section 26K of the General Laws and any acts or amendments thereof and additions thereto, the town shall establish the Essex Housing Authority to provide housing for the families or elderly persons of low income and to make safe, sanitary dwellings available for those persons at rentals which they can afford.
2-12 JOINT HEALTH DISTRICT. - see 8-9, Page 805
2-13 CONOMO POINT COMMISSIONERS, AUTHORITY AND DUTIES.
There shall be a commission consisting of three persons which shall be known as the Conomo Point Commission. The duly elected Selectmen of the Town, by virtue of their election as Selectmen, shall be the
members of said Conomo Point Commission and their terms of membership on said Commission shall be coterminus with their respective terms on the Board of Selectmen.
Meetings of said Commission may be held in the Town Hall on the same evenings as the Selectmen Meetings, or at such other times as the Selectmen may, by majority vote, determine from time to time.
All actions of the Conomo Point Commissioners shall be taken upon a vote of the majority of the members present at any meeting, provided no less than two Commissioners must be present at any meeting for business to be conducted.
Conomo Point Commissioners Authority and Duties shall include but not be limited to full control of the following as it applies to land which is property of the Town at Conomo Point.
2-13.1 The moving or razing of all buildings other than dwelling houses, and the setting out or transplanting of all shrubs, hedges or trees, and the erecting of fences or anything else that might be to the detriment of the Town and secondly the leasees.
2-13.2 Parking of motor vehicles on all non-leased land except streets. The Police Department shall regulate parking on streets.
2-13.3 Maintenance of piers, sea walls, bathing beaches, and boat landings, and all other town-owned property at Conomo Point, aka Poor Farm or Proctor Deed, except highways, water pipes, and sewage disposal.
2-13.4 To recommend the amount of land rents on all lots. Rents to be set at Town Meeting.
2-13.4b All rents to be paid to the Town Treasurer.
2-13.5 The locating and relocating of all boundary lines of the leased lots.
2-13.6 The removal or sale of all trees or other things not covered by the Town's soil stripping By-Law, and not within the boundaries of the highway.
2-13.7 The right to cancel any lease for due cause.
2-13.8 To maintain Conomo Point as a seasonal residential area without commercialization.
2-13.9 All other matters affecting the property of the town at Conomo Point and the convenience, safety, and pleasure of the residents of Essex and the lessees.
2-13.10 Incorporate in the leases the provision that if the Town shall at any time ever vote to sell any or all of the lots at Conomo Point that the leasees shall have first refusal to purchase their leased lots.
2-13.11 No lots are to be let by the Conomo Point Commissioners until plans and roads are approved by the Planning Board and the Town Meeting. No lot or structure is to be let for any private use after May 2, 1994 unless said lot or structure is subject to a lease approved by the Town Meeting on or before May 2, 1994 and in force on that date, except with the approval of a Town Meeting.
2-13.12 To receive and publish the reports and recommendations of the Conomo Point Planning Committee and to place Articles prepared by the Committee before the Town - so long as the Selectmen shall serve as Commissioners.
2-14 ESTABLISHMENT OF YOUTH COMMISSION. As authorized under the provisions of Chapter 40, Section 8E of the General Laws and any amendments thereto, the town is authorized to establish a youth commission.
2-15 BUILDING NUMBERS.
The Board of Selectmen shall assign a number to all buildings on or near the line of public ways in the town whenever requested to do so by the board of assessors or the owner of a building. All persons shall post their assigned building number on the building so that it is clearly visible from the street or, if the building is not visible from the street, the building number shall be conspicuously posted at the actual driveway and on the building. Violations of this section shall be enforced by the Police Chief in accordance with G.L. c. 90G and c.40, section 21D and section 2-21 of these By-laws as follows:
First Offense |
Warning |
Second Offense |
$50.00 |
Each thirty day period that a person is in violation of this by-law shall constitute a separate offense.
2-16 SHELLFISH ADVISORY COMMISSION.
The selectmen are authorized to establish and to appoint
members of a shellfish advisory commission. Such commission shall act as an advisory body only, and shall serve to advise and assist the inhabitants of the town with regard to matters involving shellfish and the taking of shellfish.
2-17 HISTORICAL COMMISSION.
As authorized under the provisions of Chapter 40, Section 8D of the General Laws, and any amendments thereto, there is hereby established an historical commission to be composed of five residents of the town who shall be appointed by the selectmen for terms of three years, except that the initial appointments shall be one for one year, two for two years and two for three years.
2-18 DEVELOPMENT AND INDUSTRIAL COMMISSION.
As authorized under the provisions of Chapter 40, Section 8A of the General Laws, and amendments thereto, there is hereby established a development and industrial commission to be composed of five members and which shall exercise all of the powers and duties applicable to such commissions as provided by law.
2-19 DISPOSAL OF SURPLUS EQUIPMENT.
The Board of Selectmen may dispose of surplus equipment, the value of which equipment shall not exceed $500.00 as determined by the Board of Assessors.
2-20 BID LIMIT. - Rescinded2-20 CONOMO POINT PLANNING COMMITTEE There is hereby established a Conomo Point Planning Committee, the members of which shall be persons with no direct financial interests in the Town's property at Conomo Point. The Committee shall consist of twelve members who shall be appointed by any Town Meeting, the warrant of which has an article specifying that such action is to be considered.
The duties of the committee shall be to gather and report any information which the Committee might determine to be of value in aiding the townspeople to make decisions regarding the Town's property at Conomo Point, to make recommendations as to present and future uses of that property, and to submit Articles allowing the Town to implement the Committee's recommendations to the Board of Selectmen for inclusion in Warrants for Town Meetings.
2-21 ENFORCEMENT BY CIVIL INFRACTION PROCESS OF M.G.L.
Whenever so provided in these By-Laws, violations of designated By-Laws, rules, regulations or orders of the appropriate enforcement official with responsibility for the enforcement of such matters, may be enforced by the procedure established in M.G.L., c90G and c. 40 sec. 21D and an assessment shall be made for each violation in the amount as set forth in the applicable By-Law provision.
Unless otherwise specifically set forth by statue or in a particular By-Law allowing for such civil enforcement, any assessment collected in this manner shall be paid to the Town for such use as the Town may direct.
2-22 COUNCIL ON AGING
As authorized under the provisions of Chapter 40, Section 8B of the General Laws, and amendments thereto, there is hereby established a council on aging for the purposes and with the rights and duties provided by law, to be composed of at least seven and no more than eleven residents who shall be appointed to serve for terms of three years. Appointments and/or reappointments shall be made by members of the council whose terms have not expired, and the appointments then forwarded to the Board of Selectmen for approval. For the initial appointments after the 1996 Annual Town Meeting, the Board of Selectmen shall appoint 3 members for one year, 4 members for two years and 4 members for three years.
WATER RESTRICTION BY-LAW
Section 1: Authority
This By-Law is adopted by the Town under its police powers to protect public health and welfare and its power under G.L. ch. 40 sec. 21 et seg. and implements the Town’s authority to regulate water use pursuant to G.L. ch. 40, Sec. 69B. This By-Law also implements the Town’s authority under G.L. ch. 40, Sec. 41A, conditioned upon a declaration of water supply emergency issued by the Massachusetts Department of Environmental Protection.
Section 2: Purpose
The purpose of this By-Law is to protect, preserve and maintain the public health, safety and welfare whenever there is in force a State of Water Supply Conservation or State of Water Supply Emergency by providing the enforcement of any duly imposed restrictions, requirements, provisions or conditions imposed by the Town or by the Massachusetts Department of Environmental Protection.
Section 3: Definitions
Person shall mean any individual, corporation, trust partnership or association, or other entity.
State of Water Supply Emergency shall mean a state of Water Supply Emergency declared by the Massachusetts Department of Environmental Protection under G.L. ch. 21G, Sec. 15-17.
State of Water Supply Conservation shall mean a state of Water Supply Conservation declared by the DPW (Water) Commissioners pursuant to Section 4 of this By-Law.
Water Users or Water Consumers shall mean all public and private users of the Town’s public water system, irrespective of any person’s responsibility for billing purposes for water used at any particular facility.
Section 4: Declaration of a State of Water Supply Conservation
The Town, through its DPW Commissioners, may declare a State of Water Supply Conservation upon determination by a majority vote of the Board that a shortage of water exists and conservation measures are appropriate to ensure an adequate supply of water to all consumers, to include fire fighting operations and to ensure compliance with the Massachusetts department of Environmental Protection’s permitted and registered withdrawals. Public notice of a State of Water Conservation shall be given under Section 6 of this By-Law before it may be enforced.
Section 5: Restricted Water Uses
A declaration of a State of Water Conservation shall include one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the water supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under Section 6.
a. Odd/Even Day Outdoor Watering: Outdoor watering by water users with odd numbered addresses is restricted to odd numbered days. Outdoor watering by water users with even numbered addresses is restricted to even numbered days.
b. Outdoor Watering Ban: Outdoor watering is prohibited.
c. Outdoor Watering Hours: Outdoor watering is permitted only during daily periods of low demand, to be specified in the declaration of a State of Water Supply Conservation and public notice thereof.
d. Filling Swimming Pools: Filling of swimming pools is prohibited.
e. Outdoor Sprinkler Use: The use of lawn and/or garden sprinklers of all types, including the use of automatic sprinkler systems is prohibited. Hand watering is permitted.
f. Vehicle/Boat Washing: The washing of motor vehicles (including motorcycles, trailers, mobile homes, etc. is prohibited.
Section 6: Public Notification of a State of Water Supply Conservation
Notification of any provision, restriction, requirement or condition imposed by the Town as part of a state of Water Supply Conservation shall be published in a newspaper of general circulation within the Town, by mail, or by such other means reasonably calculated to reach and inform all users of water of the State of Water Supply Conservation. Any restriction imposed under Section 5 shall not be effective until such notification is provided. Notification of the State of Water Supply Conservation shall also be simultaneously provided to the Massachusetts Department of Environmental Protection.
Section 7: Termination of a State of Water Supply Conservation: Notice
A State of Water Supply Conservation may be terminated by a majority vote of the DPW Commissioners, upon determination that the water supply shortage no longer exists. Public notification of the termination of a State of Water Supply Conservation shall be given in the same manner required by Section 6.
Section 8: State of Water Supply Emergency: Compliance with DEP Orders
Upon notification to the public that a declaration of a State of Water Supply Emergency has been issued by the Department of Environmental Protection, no person shall violate any provision, restriction, requirements, condition of any order approved or issued by the department intended to bring about an end to the State of Emergency.
Section 9: Penalties
Any person violating the By-Law shall be liable to the Town in the amount of $50.00 for the first violation and $100.00 for each subsequent violation. Fines shall be recovered by indictment, or on complaint before the District Court, or by non-criminal disposition in accordance with Section 21D of Chapter 40 of the General Laws. each day of violation shall constitute a separate offense.
2-23 COMMUNITY PRESERVATION COMMITTEE
2-23.1 ESTABLISHMENT.
There is hereby established a Community Preservation Committee, consisting of seven (7) voting members pursuant to the provisions of G.L., c.44B, §5. The composition of the Committee, the appointing authority and the term of office for the Committee members shall be as follows
(1) One member of the Conservation Commission as designated by the Commission;
(2) One member of the Historical Commission as designated by the Commission;
(3) One member of the Planning Board as designated by the Board;
(4) The Public Works Director, whose responsibilities include the duties of the Board of Park Commissioners established under G.L. c.45, §2, or his designee;
(5) One member of the Housing Authority as designated by the Authority;
(6) One member of the Board of Selectmen or the Board’s designee;
(7) One additional member as designated by the Board of Selectmen.
Each member of the Committee shall serve for a term of three years or until the person no longer serves in the position or on the board or committee as set forth above, whichever is earlier.
Should any of the officers and commissions, boards, or committees who have appointing authority under this by-law be no longer in existence for whatever reason, the Board of Selectmen shall appoint a suitable person to serve in their place.
Any member of the Committee may be removed for cause by their respective appointing authority after hearing.
2-23.2 DUTIES.
(1). The Community Preservation Committee shall study the needs, possibilities and resources of the Town regarding community preservation. The Committee shall consult with existing municipal boards, including the Conservation Commission, the Historical Commission, the Planning Board, the Department of Public Works, and the Housing Authority, or persons acting in those capacities or performing like duties, in conducting such studies. As part of its study, the Committee shall hold one annual public informational hearing, or more at its discretion, on the needs, possibilities and resources of the Town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the Town.
(2). The Community Preservation Committee shall make recommendations to the Town Meeting for the acquisition, creation and preservation of open space, for the acquisition, preservation, restoration and rehabilitation of historic resources, for the acquisition, creation and preservation of land for recreational use, for the acquisition, creation, preservation and support of community housing and for the rehabilitation or restoration of such open space, land for recreational use and community housing that is acquired or created as provided in G.L. c.44B. With respect to community housing, the Community Preservation Committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.
(3). The Community Preservation Committee may include in its recommendation to the Town Meeting a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but for which sufficient revenues are not then available in the Community Preservation Fund to accomplish that specific purpose or to set aside for later spending funds for general purposes that are consistent with community preservation.
(4). In every fiscal year, the Community Preservation Committee must recommend either that the legislative body spend, or set aside for later spending, not less than 10% of the annual revenues in the Community Preservation Fund for each of the following purposes: (a) open space (not including land for recreational use); (b) historic resources; and (c) community housing.
2-23.3 REQUIREMENT FOR A QUORUM AND COST ESTIMATES.
The Community Preservation Committee shall comply with the provisions of the Open Meeting Law, G.L. c.39, §23B. The Committee shall not meet or conduct business without the presence of a majority of the members of the Community Preservation Committee. The Community Preservation Committee shall approve its actions by majority vote. Recommendations to the Town Meeting shall include the Committee’s anticipated costs.
2-23.4 AMENDMENTS.
This by-law may be amended from time to time by a majority vote of the Town Meeting, consistent with the provisions of G.L., c.44B.
2-23.5 SEVERABILITY.
In case any section, paragraph or part of this by-law be for any reason declared invalid or unconstitutional by any court, every other section, paragraph or part shall continue in full force and effect.
2-23.6 EFFECTIVE DATE.
Provided that the Community Preservation Act is accepted at the 2007 Annual Town election, this by-law shall take effect upon approval by the Attorney General of the Commonwealth, and after all requirements of G.L. c.40, §32 have been met. Each appointing authority shall have thirty days after approval by the Attorney General to make their initial appointments;
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