501.00 Finance Committee
501.01 Organization
The Committee shall meet for organization forthwith after the conclusion of the Annual Town Meeting. Said meeting shall be called by the chairman of the committee, or in his absence by the secretary. If no officer exists said committee shall be called by the senior member.
501.02 Chairman
The committee shall choose a chairman who shall schedule and call committee meetings, preside at meetings and represent the committee when required.
501.03 Secretary
The committee shall choose a secretary, who shall preside in the absence of the chairman, keep a true record of the committee proceedings, and initiate and answer various committee correspondence.
501.04 Vacancies of Offices
Vacancies in the offices of chairman and secretary may be filled at any time.
501.05 Duties of Committee
The committee may consider matters relating to the appropriation, the borrowing and the expenditure of money by the town and its indebtedness, and may make recommendations to the town, to any town board, officer or committee relative to such matters.
501.06 Receipt of Estimates of Expenditures
The various town boards, officers and committees charged with the expenditure of town money shall prepare detail estimates of the amounts deemed by them necessary for the ensuing year, with explanatory statements as to the reasons for any changes from the amounts appropriated for the same purpose in the proceeding year and shall submit the same to the secretary on or before December first of each year.
501.07 Receipt of Estimates of Incomes
The various Town boards, officers and committees charged with the expenditure of Town money shall prepare estimates of all probable items of income which may be received by them during the ensuing year in connection with the administration of their offices and departments. Detailed statements concerning the prior years appropriations and expenditures shall be presented by each board, officer and committee and shall be submitted to the secretary of the committee on or before January 31 of each year.
502.00 Cemetery Commissioners
502.01 Duties and Responsibilities
The Board of Cemetery Commissioners shall have the sole care, superintendence and management of all public burial grounds in the Town, may lay out any existing public burial grounds in the Town of any land purchased and set apart by said Town, for such cemeteries, in lots, or other suitable sub-divisions, with proper paths and avenues; may plant, embellish, ornament and fence the same and erect therein suitable edifices and conveniences and make such improvements as it considers convenient and shall have all the powers delegated to such boards under the General Laws.
503.00 Department of Civil Defense
503.01 There is hereby established a department of civil defense (hereinafter called the "department"). It shall be the function of the department to have charge of civil defense as defined in Section 1, Chapter 639, Acts of 1950 and to perform civil defense functions as authorized or directed by said chapter or by any and all executive orders or general regulations promulgated thereunder, and to exercise any authority delegated to it by the Governor under said Chapter 639.
503.02 Director of Civil Defense
The department shall be under the direction of a director of civil defense (hereinafter called the director) who shall be appointed as prescribed by law. The director shall have direct responsibility for the organization, administration and operation of the department, subject to the direction and control of the appointing authority, and shall receive such salary as may be fixed from time to time by the appointing authority. The director may, with the limits of the amount appropriated, appoint such experts, clerks and other assistants as work of the department may require and may remove them and may make such expenditures as may be necessary to execute effectively the purposes of Chapter 639, Acts of 1950. The director or the appointing authority shall submit a detailed budget, for the defense department.
The director shall also have the authority to appoint district coordinators and may accept and may receive, on behalf of the Town, services equipment, supplies, materials or funds by way of gift, grant or loan, for purposes of civil defense, offered by the federal government or any agency or officer thereof or any person, firm or corporation, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. The director shall cause appropriate records to be kept of all matters relating to such gifts, grants or loans.
503.03 Civil Defense Advisory Council
There is hereby established a civil defense advisory council (hereinafter called the council). Said council shall serve without pay and shall consist of the director of civil defense, such other department heads and such other persons as the authority appointing said director may deem necessary. Such member of said council as said appointing authority shall designate shall serve as chairman of said council. Said council shall serve subject to the direction and control of the appointing authority and shall advise said appointing authority and director on matters pertaining to civil defense.
503.04 Police Aid to Other Cities and Towns in Event of Riots
or Other Violence Therein
The Police Department shall, after the issuing of any proclamation provided for in Chapter 639, Acts of 1950, by hereby authorized to go to aid another city or town at the request of said city or town in the suppression of riots or other forms of violence therein.
503.05 Termination of By-law
This By-law shall remain in force during the effective period of Chapter 639, Acts of 1950, and any act in amendment or continuation thereof or substitution therefor.e.
503.06 Definition
All references to Chapter 639, Acts of 1950, as now in force, shall be applicable to any act or acts in amendment or continuation of or substitution for said Chapter 639.
504.00 Building Committee
504.01 Upon this passage of this amendment by the Town Meeting, and approval of this amendment by the Attorney General, the Moderator forthwith shall appoint a permanent Building Committee of nine (9) members, three for a term of one year, three for a term of two years, and three for a term of three years, and on the expiration of the original term of any member, the appointment shall be for a term of three years. Wherever possible, in the discretion of the Moderator, representation on said committee may be given to persons having experience in commercial construction, architectural and engineering experience, or experience in the building trade such as the electrical or plumbing, or heating trades, or general experience which the Moderator may feel to be valuable to the function of this
committee. Of the original appointees, at least, one shall be a Town Meeting member at the time of said appointment, and thereafter further appointments should be made so that at least one member of the entire committee are Town Meeting members at the time of appointment in any given year.
Said Committee shall serve in an advisory capacity, and shall advise the Town Meeting as to the construction of new Town buildings or the additions to or renovations of Town buildings. Said Committee shall cooperate with the Town Manager, the Board of Selectmen, other Town Boards, Town Agents and contractors to the Town so as not to usurp their responsibilities or unreasonably delay the exercise of their office. Said Committee shall have the right to have access to all contracts correspondence and officia1 papers concerning said construction of said buildings, with the permission of the Town Manager the right to inspect all Town Buildings and the right to inspect construction in progress while the walls are open, in order to be informed so as to make appropriate recommendations. These recommendations may include quality of construction
practice, advisability of design, implications on Town liabilities and such other information that the Town Meeting would want to know before making a decision. This Committee will also make direct written advice to the Town Manager of any safety, liability, or impending Town loss discovered during such inspections without waiting for Town Meeting
(Article 38, Annual Town Meeting of May 4, 1998)
Said committee shall serve in an advisory capacity, and shall advise the Town Meeting as to the construction of new Town buildings or the additions to or renovations of Town buildings, and where possible said committee shall cooperate with the Board of Selectmen, Town Manager, and without any interference with or deviation from the duties and responsibilities of the Town Manager under the Town charter as to the construction of buildings, to cooperate further with the contractors and other agents of the Town, or in proceedings before public boards concerned with the construction of said buildings. Said committee shall have the right to have access to all contracts, correspondence, and official papers concerning said construction of said buildings in order to be informed so as to make appropriate recommendations.
The committee shall make periodic reports, as deemed necessary to the Town Meeting, or reports to Special Town Meetings upon all questions of construction of Town Buildings as heretofore set forth.
505.00 Salt Water Marsh and River Basin Planning
505.01 The Town Manager shall appoint a committee consisting of seven (7) persons for the purpose of reviewing, investigating and recommending plans to realize the greatest potential usage of the Saugus Salt Water Marshes bordering Route 107, Route 95 and the Saugus and Pines Rivers. The committee shall assist the Town Manager and the Saugus Planning Board in working with State agencies, including the Department of Natural Resources, in obtaining information and/or approvals to be used in recommending zoning and/or rezonings to accomplish the most equitable distribution of the area for purposes of conservation, industrial development, marine commerce and marine recreation. Initially three (3) members shall be appointed for two (2) years and four (4) for one (1) year with the appointments
expiring December 31, 1971 and 1972. Subsequent appointments shall be for terms of two (2) years. The committee shall serve the further purpose of investigating and recommending actions on petitions for land filling which are received by the Board of Selectmen and the Board of Health. This service will be done upon request of the two boards, and recommendations shall not be binding.
506.00 Personnel Board
506.01 Appointment of Personnel Board
There shall be established a non-salaried Personnel Board consisting of three (3) registered voters of
the town. Said board shall be appointed by the Town Manager. No elected or appointed town official, or
no employee of the town shall be eligible to serve on said board.
The term of office shall be for three (3) years beginning on the first January of the year of the appointment
and expiring on December 31st, three years hence. Initial appointments shall be made in the same year but have staggered expiration dates.
Not more than one (1) member shall have an appointment that expires in the same year. When a vacancy in an ongoing appointment occurs, the Manager shall appoint a qualified individual to fill the balance of the un-expired portion of that term.
The Personnel Board shall annually, following the appointment of new members, elect its own chairman and secretary. It shall cause to be kept a true record of its proceedings and may, subject to appropriations
thereof, make such expenditures as may be necessary in the performance of its duties. Said Board shall meet at least quarterly in open session, for the transaction of business, and it may hold such special meetings as may be called by the chairman or directed by vote of said Board. A majority of said Board's total membership shall be necessary for any official act of said Board.
The Manager shall furnish said Board with such space as it may require for the performance of its duties and the storage of its property and, upon application of said Board, shall provide it with an adequate place for holding public hearings.
506.02 Duties of Personnel Board
The Personnel Board shall perform studies of any and all personnel positions of the personnel-related activities in the town, except labor negotiations and grievances. The personnel-related activities shall include studies on any written policies/procedures for compliance with applicable laws. Said Board shall also review and recommend any changes in policy/procedures, hiring practices, or job descriptions in writing to the town manager.
(Article 35, Annual Town Meeting held on May 6, 1996)
507.00 Canine Control
507.01 Definitions.
As used in this By-law, the following terms mean:
ANIMAL SHELTER. Any premises designated by Town Administrative Authority for the purpose of impounding and caring for animals held under authority of this By-Law.
CANINE CONTROL BOARD. An unpaid advisory board made up of three (3) registered voters of the Town, appointed annually by the Town Manager with the tasks of monitoring the effectiveness of this by-law, assuring the humane treatment of the animals regulated by the By-Law and promulgating necessary changes to the By-Law.
CANINE CONTROL OFFICER. Any person or persons appointed by the Selectmen as the Dog Officer or Officers under the provisions of Chapter 140, Sections 151 and 151A of the General Laws to carry out the provisions of this by-law. In the absence or vacancy in the office or unavailability of the Canine Control Officer, the Town's Inspector of Animals or his deputy shall perform the duties of the Canine Control Officer(s).
HUMANE OFFICER. Any person designated by the Humane Society as a law enforcement officer and who qualifies to perform such duties under the laws of the Commonwealth of Massachusetts.
HUMANE SOCIETY. Any organization for the prevention of cruelty to animals incorporated under the laws of the Commonwealth of Massachusetts.
OWNER. Any person, having reached the age of majority, owning keeping or harboring dogs.
PERSON. Any individual, partnership, company or corporation.
RESTRAINT. A dog shall be deemed to be under restraint if on the premises of its owner or, if outside the premises of the owner, is accompanied by a person who shall have the dog under control by holding it firmly on a leash.
VETERINARY HOSPITAL. An establishment maintained and operated by a licensed veterinarian for the boarding of animals or the diagnosis and treatment of diseases and injuries of animals.
507.02 Requirement for an Identification Tag
Every owner issued a license in accordance with the provisions of Chapter 140, Section 137 of the General Laws of the Commonwealth for a dog owned or kept within the Town will also receive an Identification Tag from the Town Clerk's office. The Identification Tag shall be a durable tag stamped with an identifying number and of a particular color to signify the specific year of issuance. Tags will be designed that they may conveniently be fastened to the dog's collar or harness. Dogs must wear Identification Tags at all times when the animal is off the premises of the owner. The Canine Control Officer shall maintain a record of the identifying numbers and shall make this record available to the public.
507.03 Restraint of Dogs
No person shall own, keep or harbor in the Town of Saugus, outside the confines of the owner's property, any dog which is not held firmly on a leash by a person who shall have control of such a dog.
507.04 Unrestrained Dogs
Unrestrained dogs may be taken by Police, the Canine Control Officer or a Humane Officer and impounded in an animal shelter, and there confined in a humane manner. If by an Identification Tag or by other means the owner can be identified, the Canine Control Officer shall immediately upon impoundment notify the owner of the impoundment of the animal. Impounded dogs shall be kept for ten (10) days unless reclaimed by their owners. Dogs not claimed by their owners within ten (10) days, or placed in suitable new homes, may be humanely euthanized by the Canine Control Officer or by an agency delegated by him to exercise that authority.
507.05 Reclaiming Impounded Dogs
An owner reclaiming an impounded dog shall pay an administrative fee of $20.00 plus $10.00 boarding charge for each day that the dog has been impounded, to a maximum payment of $120.00.
(Article 29 of the May 1, 2006 Annual Town Meeting, Held on May 22, 2006.)
507.06 Female Dogs in Heat
Every female dog in heat shall be confined in a building or secure enclosure in a such manner that such female dog cannot come into contact with another animal except for planned breeding.
507.07 Nuisances
No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance. Excessive or untimely barking, molesting passerby, chasing vehicles, habitually attacking people or other domestic animals, trespassing upon school grounds, or trespassing upon private property in such manner as to damage property, shall be deemed a nuisance.
Certain acts prohibited in Public Parks, Playgrounds, Schoolyards and Public Recreation Areas, except at Prankers Pond where leashed dogs and horseback riding will be permitted. No person shall permit dogs or other such animals to enter these areas, nor shall any person willfully ride a horse or other such animal in these areas unless designated to do so by proper authority.
507.08 Using Animals as Prizes
No person shall give away any live vertebrate animal as a prize for or as an inducement to enter, any contest, game or other competition, or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.
507.09 Quarantining of Dog that Bites
Any dog which bites a person shall be quarantined for ten (10) days if ordered by the Inspector of Animals. During quarantine the dog shall be securely confined and kept from contact with any other animal. At the discretion of the Inspector of Animals, the quarantine may be on the premises of the owner. If the Inspector of Animals requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or
shall, at his own expense, place it in a veterinary hospital.
507.10 Animals Suspected of Being Rabid
No Police Officer or other person shall kill, or cause to be killed any animal suspected of being rabid, except after the animal has been placed in quarantine and the diagnosis of rabies made by a licensed veterinarian. If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall be humanely killed and the head of such animal be sent to a laboratory for pathological examination and confirmation of diagnosis.
507.10A Whoever is the owner or keeper of a dog or cat in Town of Saugus six months or older shall cause such dog or cat to be vaccinated against rabies by licensed veterinarian using licensed vaccine according to the manufacturer’s directions and shall cause such dog or cat to be revaccinated at intervals recommended by manufacturer. Whoever violates the provisions of this section shall be punished by a fine of not more than fifty ($50.00) dollars. Each day of noncompliance shall constitute a separate offense.
(Article 23 at the Adjourned Special Town Meeting December 15, 1997)
507.11 Hindering the By-law Enforcement
Any Canine Control Officer or Humane Officer shall have police power in the enforcement of this By-law and no person shall interfere with or hinder, molest or abuse any Canine Control Officer or Humane Officer in the exercise of such powers.
507.12 By-law Violation Fine
Any person violating any provision of this By-law shall be deemed guilty of a misdemeanor and shall be punished by a fine as follows:
First Offense $25.00
Second Offense $50.00
Third Offense $75.00
If any violation be continuing, each day’s violation shall be deemed a separate violation.
(Amended by Article 9 of the 2005 Special Town Meeting of September 26)
507.13 If Parts of By-law are Invalid
If any part of this By-law shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this By-law. No provision or interpretation of a provision of this By-law is intended to be either in conflict with, or an attempt to change, any statutory provision in Chapter 140 pertaining to dogs.
507.14 Fees:
Adoptions $ 25.00
Licenses:
Un-Neutered Males $ 15.00
Neutered Males $ 12.00
Spayed Females $ 12.00
Un-Spayed Females $ 15.00
Kennels (for 4 dogs) $ 25.00
Kennels (up to 10 dogs) $ 50.00
Kennels (10 and up) $ 100.00
Late Fee:
Licenses issued $ 20.00
After June 30
Exceptions: New Residents/Owners
(Verification Required)
(Article 22 of the Adjourned May 7, 2001 Annual Town Meeting)
507.14 Fees:
Adoptions: $ 7.00
Licenses:
Un-neutered Males $10.00
Neutered Males $ 6.00
Spayed Females $10.00
Un-Spayed Females $10.00
Kennels (for 4 dogs) $20.00
Kennels (up to 10 dogs) $40.00
Kennels (over 10 dogs) $50.00
507.15 Dangerous or Vicious Dogs
A) A "dangerous or vicious" dog, as the term is used in this section, shall mean:
I) Any unrestrained dog that has bitten or attacked any person or other domestic pets when off its owner's private property. Any dog with a known propensity, tendency or disposition to attack to cause injury. The owner will be fine by a $150.00 first offense. Second offense $250.00 and subsequent offense where the dog must be off it's property. The Canine Officer may order any or all of the following:
a) Spay or neutering
b) Behavior Training.
B) An "owner or keeper" of a vicious dog shall mean an individual who is the registered owner as well as an individual who keeps, harbors, or possesses a vicious dog. Any person walking the dog off it's property must be an adult, able-bodied Person holding the dog firmly on a leash not exceeding three feet, with a muzzle made in a manner that will not cause injury to the dog or interfere with it's vision or respiration, but must prevent it from biting any person or animal.
C) While on the owner's or keeper's property, a dangerous or vicious dog must be securely, confined indoors or in a securely enclosed and locked pen or structure meeting standards by the Dog Officer, suitable to prevent the entry of young children, and designed to prevent the animal from escaping. Such pen or structure must have a minimum dimension of five feet by ten feet and must be securely enclosed. If it has no bottom secured to the sides, it must be imbedded into the ground, no less than two feet. " The enclosure must also provide protection from the elements for the dog and also be inspected by the MSPCA.
D) If said animal is found on property, not owned or controlled by its owner or keeper, or not restrained in a secure area, per paragraph C of this section, on two separate occasions within a twelve-month period as documented by the Dog Officer, said animal may be forever banned from within the limits of the Town of Saugus.
Compliance with the requirements of this section shall not be a defense to and order of disposal of a vicious dog pursuant to GL c. 140, and 157.
(Article 23 of the Adjourned May 7, 2001 Annual Town Meeting)
507.16. No person or group of persons residing in the same dwelling unit shall obtain more than three (3) licenses for the keeping of dogs within the Town of Saugus. This by-law shall not apply to dogs present in a dwelling unit as of November 18,2002 and if properly licensed under MGL.
(Article 30 of the Special Town Meeting November 18, 2002)
508.00 Conservation Commission / Wetland Control
Section 1- Purpose:
The purpose of this bylaw is to protect the wetlands, water resources, and contiguous land areas of the Town of Saugus by controlling activities deemed to have a significant effect upon wetland values, including but not-limited to the following: public or private water supply, groundwater, flood control, erosion and sedimentation control, storm damage prevention including coastal storm flowage, water quality, water pollution control, fisheries, shellfish, wildlife, wildlife habitat, recreation, and historically significant wetland-related structures and locations.
Section 2 – Definitions:
A. The following definitions shall apply in the interpretation and implementation of this bylaw.
1. The term "aesthetics" shall include the natural scenery and appearance of any area visually accessible to the public.
2. The term "alter" shall include, without limitation, the following activities when undertaken to, upon,
within or affecting resource area protected by this bylaw:
a. Removal, excavation, or dredging of soil, sand, gravel, or aggregate materials of any kind;
b. Changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns, or flood retention characteristics;
c. Drainage, or other disturbance of water level or water table:
d. Dumping, discharging or filling with any material which may degrade, water quality;
e. Placing of fill, or removal of material, which would alter
elevation;
f. Driving of piles, erection, or repair of buildings, or
structures of any kind;
g. Placing of obstructions or objects in water;
h. Destruction of plant life including cutting of trees;
i. Changing temperature, biochemical oxygen 4emand, or other physical, biological, or chemical characteristics of any water;
j. Any activities, changes, or worn which may cause or tend to contribute to pollution of any body of water or ground water;
k. Application of pesticides or herbicides;
L. Incremental activities that have, or may have, a cumulative
adverse impact on the resource areas protected by this bylaw.
3. The term "bank” shall include the land area which normally abuts and confines a water body; the lower boundary being the mean annual low flow level, and the upper boundary being the first observable break in the slope or the mean annual flood level, which ever is higher.
4. The term “date of issuance" shall mean the date an Order of Conditions, modification or extension of an Order, or any written decision of the Commission is mailed, as evidenced by a postmark, certified mail card, or the date it is hand-delivered.
5. The term "isolated wetland" shall mean an isolated depression with no inlet or outlet which serves as a ponding area for run-off or high groundwater which has risen above the ground surface, and shall be capable of containing at least 5,000 cubic feet of water.
6. The term "person” shall include any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth or political subdivision thereof to the extent subject to town bylaws, administrative agency, public or quasi-public corporation or body, this municipality, and any other legal entity, its legal representatives, agents, or assigns.
7. The term “rare species” shall include, without limitation, all vertebrate and invertebrate animal and plant species listed as endangered, threatened, or of special concern by the Massachusetts Division of Fisheries and Wildlife, regardless of whether the site in which they occur has been previously identified by the Division.
8. The term "vernal pool” shall include a confined basin depression which, at least in most years, holds water for a minimum of two months during the spring and/or summer, and which is free of adult fish populations, as well as the area within 100 feet of the mean annual boundary of such a depression, regardless of whether the site has been certified by the Massachusetts Division of Wildlife and Fisheries.
B. Except as otherwise provided in this bylaw or in Regulations of the Commission, the definitions of terms in this bylaw shall be as set forth in The Wetlands Protection Act, G.L. Ch.131, § 40, and regulations, 310 CMR 10.00, as they may be amended.
Section 3 – Jurisdiction
No person shall remove, fill, dredge, build upon, degrade, discharge into, or otherwise alter the following resource areas: any bank; freshwater or coastal wetland; beach; dune; flat; marsh; wet meadow; bog; swamp; vernal pool; lake; pond of any size, creek; estuary; the ocean; land under water bodies; land subject to flooding or inundation by groundwater or surface water; land subject to tidal action, coastal storm flowage, or flooding; lands within one hundred (100) feet of any of the aforesaid resource areas; rivers and streams; and lands within two hundred (200) feet of any river or stream, without filing a Notice of Intent with the Saugus Conservation Commission (Commission) and receiving and complying with an Order of Conditions issued by the Commission. Said resource areas shall be protected whether or not they border surface waters.
Section 4 – Conditional Exceptions:
A. This bylaw shall not apply to emergency projects necessary for the protection of the health or safety of the residents of Saugus and to be performed or ordered to be performed by an administrative agency of the Commonwealth or by the Town of Saugus. Emergency project shall mean any project certified to be an emergency by the Commissioner of the Department of Environmental Protection (DEP) and the
Commission if this by-law and G.L. CH.131, § 40 are both applicable, or by the Commission if only this bylaw is applicable. In no case shall any removal, filling, dredging, or alteration authorized by such certification extend beyond the time necessary to abate the emergency.
B. The application and permit required by this bylaw shall not be required for other maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, telephone, telegraph and other telecommunication services, provided written notice has been given to the Commission prior to commencement of work, and provided that the work conforms to performance standards and design specifications in regulations adopted by the Commission.
Section 5 -Applications and Hearings for Permits and Requests for Determination
A. Said Notice of Intent (NO I), including such plans as may be necessary to describe such proposed activity and its effect on the environment, shall be filed by delivery in hand to the Commission or its authorized representative or by certified mail, return receipt requested, to the Commission. The NOI shall include such information and plans as are deemed necessary by the Commission to describe proposed activities and their effects on the resource areas protected by this bylaw. Each such NOI shall be accompanied by a filing fee as specified by the Commission's rules and regulations and shall be in addition to that required by G.L. Ch. 131, § 40. No filing fee shall be required when the Town of Saugus files an application for a permit. The Commission, in its discretion, shall hear any oral presentation under this bylaw at the same
public hearing required to be held under the provisions of said G.L. Chapter 131, § 40.
B. The Commission shall hold a public hearing on the application within twenty-one (21) days of receipt of the completed NOI required under Section 5A of this bylaw, unless the applicant authorizes an extension in writing. Notice of the time and place of the hearing shall be given by the Commission, at the expense of the applicant, not less than five days prior to the hearing. Such notice shall be published in a newspaper of general circulation within the Town of Saugus and by mailing a notice to the applicant, Board. of Health, Planning Board, Zoning Board of Appeals, Town Engineer, Building Inspector, and Board of Selectmen. The Commission shall have the authority to continue the hearing to a date certain announced at the hearing for reasons stated at the hearing. Such reasons may include receipt of additional information from the applicant
or others deemed necessary by the Commission in its discretion, or comments and recommendations of the boards and officials listed above. The Commission shall issue its Order of Conditions within twenty-one (21) days of the close of the public hearing thereon unless the applicant authorizes an extension in writing.
C. Within twenty-one days of the receipt by the Commission of a written request made by any person and sent certified mail, the Commission shall make a written determination as to whether this bylaw is applicable to any land or work thereon, unless the applicant authorizes an extension in writing" Such a Request for determination of Applicability (RDA) shall include information and plans as are deemed necessary by the Commission. When such person is other than the owner, the RDA, notice of any such determination, and the Commission's determination shall also be sent to the owner, as well as to the person making the request.
D. Any person filing a NOI or a RDA with the Commission shall, at the same time, give written notice thereof, by certified mail (return receipt requested) or hand delivered, to all abutters at their mailing addresses shown on the most recent applicable tax list of the assessors. This shall include owners of land directly opposite on any public or private street or way, and abutters to the abutters within 300 feet of the property line of the applicant, including any in another municipality or across a body of water. The notice to abutters shall have enclosed a copy of the NOI or RDA, with plans, or shall state where copies may be examined and obtained. An affidavit of the person providing such notice, with a copy of the notice mailed or delivered, shall be filed with the Commission.
Section 6 -Consultant Fees:
A. Upon receipt of a permit application or RDA, or at any point in the hearing process, the Commission is authorized to require an applicant to pay a fee for the reasonable costs and expenses borne by the Commission for specific expert engineering and other consulting services deemed necessary by the Commission to come to a final decision on the application. This fee is called the "consultant fee". The specific consulting services
may include, but are not limited to, performing or verifying the accuracy of resource area survey and delineation, analysis of resource area functions, including wildlife habitat evaluations, hydrogeologic and drainage analysis, and environmental or land use law.
B. The Commission may require the payment of the consultant fee at any point in its deliberations prior to a final decision. The applicant shall pay the fee to be put into a revolving fund, which may be drawn upon by the Commission for specific consulting services approved by the Commission at one of its public meetings.
C. The exercise of discretion by the "Commission in making its determination to require the payment of a consultant fee shall be based upon its reasonable finding that additional information acquirable only through outside, independent consultants would be necessary for the making of an objective decision.
D. The Commission shall return any unused portion of the consultant fee to the applicant unless the Commission decides at a public meeting that other action is necessary. Any applicant aggrieved by the imposition of, or the size of, or any act related thereto, may appeal according to the provisions of the Massachusetts General Laws.
E. The maximum consultant fee charged to reimburse the commission for reasonable costs and expenses shall be according to the following schedule:
PROJECT COST MAXIMUM FEE
Up to $100,000 $500
$100,001- $500,000 $2,500
$500,001- $l,000,000 $5,000
$1,000,001-$1,500,000 $7,500
$1,500,001-$2,000,000 $10,000
Each additional $500,000 project cost increment over $2,000,000 shall be charged an additional $2,500 maximum fee per increment.
F. The project cost means the estimated, entire cost of the project including, but not limited to, building construction, site preparation, landscaping, and all site improvements. The project shall not be segmented to avoid being subject to the consultant fee, but the Commission may allow reasonable phasing of the project. The applicant shall submit estimated project costs at the Commissions request, but the lack of such estimated project costs shall not avoid the payment of the consultant fee.
Section 7 -Permits and Conditions:
A. If the Commission, after a public hearing determines that the activities which are subject to the permit application or the land and water uses which will result therefrom are likely to have a significant individual or cumulative effect upon the resource area values protected by this bylaw, the Commission, within 21 days of the close of the hearing, shall approve or deny a permit for the activities-requested. If it approves a permit the Commission shall impose conditions that the Commission deems necessary or desirable to protect those values, and all activities shall be done in accordance with those conditions. The Commission shall take into account the cumulative adverse effects of loss, degradation, isolation, and replication of protected resource areas throughout the community, resulting from past activities, permitted and exempt, and
foreseeable future activities.
B. The Commission is empowered to deny a permit for failure to meet the requirements of this bylaw; for failure to submit necessary information and plans requested by the Commission; for failure to meet the design specifications, performance standards, and other requirements in regulations of the Commission; for failure to avoid or prevent unacceptable significant or cumulative effects upon the resource area values protected by this bylaw; and where no conditions are adequate to protect those values. Due consideration shall be given to any demonstrated hardship on the applicant by reason of denial, as presented at the public hearing.
C. To prevent wetland loss, the Commission shall require applicants to avoid wetland alteration wherever feasible or minimize wetland alteration where alteration is unavoidable, with the requirement of full mitigation. The Commission may authorize or require replication of wetlands as a form of mitigation, but only with adequate security, professional design, and monitoring to assure success, because of the high likelihood of failure of replication.
D. Lands within 100 feet of specific resource areas, and within 200 feet of rivers and streams, are presumed important to the protection of these resources because activities undertaken in close proximity to wetlands, rivers and streams, and other resources have a high likelihood of adverse effect upon them either immediately, as a consequence of construction, or over time, as a consequence of daily operation or existence of the activities. These adverse impacts from construction and use can include, but not be limited to, erosion, siltation, loss of groundwater recharge, poor water quality, and loss of wildlife habitat. The Commission therefore may require that the applicant maintain a strip of continuous, undisturbed vegetative cover within aforesaid 100 or 200-foot area, unless the applicant convinces the Commission that the area or part
of it may be disturbed without harm to the values protected by this bylaw.
E. In the case of areas within 200 feet of rivers and streams, no permit issued hereunder shall permit any activities unless the applicant, in addition to meeting the otherwise applicable requirements of this bylaw, has proved by a preponderance of the evidence that (1) there is no practicable alternative to the proposed-project with less adverse effects, and (2) should there be no practicable alternative, that such activities, including proposed mitigation measures, will have no significant adverse impact on the areas or values protected by this bylaw. The Commission shall regard as practicable an alternative, which is reasonably available and capable of being done after taking into consideration the proposed property use, overall project purposes, logistics, existing technology, costs of the alternatives, and overall project cost.
F. A permit shall expire three (3) years from the date of issuance. Notwithstanding the above, the Commission in its discretion may issue a permit for a period up to five (5) years from the date of issuance for recurring or continuous maintenance work, provided that annual notification of time and location of work is given to the.
Commission. Any permit may be renewed once for an additional one-year periods, provided that a request for a renewal is received in writing by the Commission thirty (30) days prior to the expiration date. Notwithstanding the above, a permit may contain requirements which shall be enforceable for a stated number of years, indefinitely, or until permanent protection is in place, and shall apply to all owners of the land.
G. For good cause the Commission may revoke or modify a permit or determination issued under this bylaw after notice to the holder of the permit or determination, notice to the public, abutters, and town boards pursuant to Section 5D of this bylaw, and a public hearing.
H. The Commission may combine the permit issued under this bylaw with the Order of Conditions issued under G.L. Ch. 131, § 40, and its implementing regulations, 310 CMR 10.00 as they may be amended.
I. No work proposed in any permit application shall be undertaken until the permit issued by the Commission with respect to such work has been recorded in the Registry of Deeds or, if the land affected is registered land in the Land Court, and until the holder of the permit certifies in writing to the Commission "that the permit
has been recorded.
Section 8 -Security:
A. As part of a permit issued under this bylaw, in addition to any security required by any other municipal or state board, agency, or official, the Commission may require that the performance and observance of the conditions imposed thereunder (including conditions requiring mitigation work) be secured wholly or in part by one or both of the following methods:
1. By a proper bond or deposit of money or negotiable securities or other undertaking of financial responsibility in an amount determined by the Commission to be sufficient and payable to the Town of Saugus upon default;
2. By accepting a conservation restriction, easement or other covenant enforceable in a court of law, executed and duly recorded by the owner of record (or registered, in the case of registered land), running with the land to the benefit of the Town of Saugus whereby the permit conditions shall be performed and observed before any lot may be conveyed other than by mortgage deed.
Section 9 -Enforcement.
A. The Commission, its agents, officers and employees, shall have the authority to enter upon privately owned land for the purpose of carrying out its duties under this bylaw and may make or cause to be made such examination, surveys, or sampling as the Commission deems necessary, subject to the constitutions and laws of the United States and the Commonwealth.
B. The Commission shall have authority to enforce this bylaw, its regulations, and permits issued thereunder by violation notices, and civil and criminal court actions. Any person who violates provisions of this bylaw may be ordered to restore the property to its original condition and take other action deemed necessary to remedy such violations, or may be fined, or both.
C. Upon request of the Commission, the Board of Selectmen and the Town Counsel shall take legal action for enforcement under civil law. Upon request of the Commission, the Chief of Police shall take legal action for enforcement under criminal law.
D. Municipal boards and officers, including any police officer or other officer having police powers, shall have authority to assist the Commission in enforcement.
E. Any person who violates any provision of this bylaw, or-regulations, permits, or administrative orders issued thereunder, shall be punished by a fine of not more than three hundred dollars ($300.00). Each day or portion thereof during which a violation continues, or unauthorized fill or other alteration remains in place, shall constitute a separate offense, and each provision of the bylaw, regulations, permits, or administrative orders violated shall constitute a separate offense.
Section 10 -Regulations:
A. Following a public hearing, rules and regulations shall be promulgated by the Commission to effectuate the purposes of this bylaw. However, failure by the Commission to promulgate rules and regulations shall not act to suspend or invalidate the effect of this bylaw.
B. At a minimum, these regulations shall define key terms in this bylaw not inconsistent with the bylaw and procedures governing the amount and filing of fees.
Section 11- Burden of Proof:
The applicant for a permit shall have the burden of proving by a preponderance of the credible evidence that the work proposed in the permit application will not have unacceptable significant or cumulative effect upon the resource area values protected by this bylaw. Failure to provide adequate evidence to the Commission supporting this burden shall be sufficient cause for the Commission to deny a permit or grant a permit with conditions.
Section. 12 - Relation to the Wetlands Protection Act:
This bylaw is adopted under the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Statutes, independent of the G.L. Ch. 131, § 40, and regulations 310 CMR 10.00 thereunder, as they may be amended.
Section 13 - Appeals:
A decision of the Commission shall be reviewable in the Superior Court in accordance with G.L. Ch. 249, § 4.
Section 14 - Severability:
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof, nor shall it invalidate any permit or determination that previously has been issued. (Conservation Commission)
(Article 24 at the Special Town Meeting of December 15, 1997, Held on January 12, 1998).
508.01 The purpose of this By-law is to protect the wetlands,
related water resources, and adjoining land areas of the Town of Saugus by controlling activities deemed to have a significant effect upon wetland values, including, but not limited to the following: public or private water supply, groundwater, flood control, erosion and sedimentation control, storm damage, water pollution, fisheries, shellfish, wildlife, wildlife habitat, recreation, and wetland-related structures and locations of historic significance.
No person shall remove, fill, dredge d water resources, and adjoining land areas of the Town of Saugus by controlling activities deemed to have a significant effect upon wetland values, including, but not limited to the following: public or private water supply, groundwater, flood control, erosion and sedimentation control, storm damage, water pollution, fisheries, shellfish, wildlife, wildlife habitat, recreation, and wetland-related structures and locations of historic significance.
No person shall remove, fill, dredge or alter any bank, fresh water wetland, coastal wetland, beach, dune, flat, marsh, meadow, bog, swamp, or lands bordering on the ocean or on any estuary, creek, river, stream, pond, or lake, or any land subject to tidal action, coastal storm flowage, or flooding, other than in the course of maintaining repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, telephone, telegraph and other telecommunication services, without filing written notice of his intention to so remove, fill, dredge or alter and without receiving and complying with an Order of Conditions and provided all appeal periods have elapsed.
Said notice, including such plans as may be necessary to describe such proposed activity and its effect on the environment, shall be filed by delivery in hand to the Commission or its authorized representative or by certified mail, return receipt to the Commission. Each such notice shall be accompanied by a filing fee as specified by the Commission's rules and regulations and shall be in addition to that required by Chapter 131, Section 40. No filing fee shall be required when the Town of Saugus files an application for a permit.
The same notice, plans and specifications required to be filed by an applicant under Massachusetts General Laws Chapter 131, Section 40 will be accepted as fulfilling the requirements of this By-Law. The Commission, in its discretion, may hear any oral presentation under this By-Law at the same public hearing required to be held under the provisions of said Chapter 131, Section 40 of the Massachusetts General Laws. Definitions set forth in said Chapter and Section and in the regulations issued and as may be amended by the Department of Environmental Quality Engineering thereunder, are hereby made a part of this By-Law.
508.02 The term "person", as used in this By-Law, shall include any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth or political subdivision thereof, administrative agency, public or quasi-public corporation or body, or any other legal entity or its legal representative, agents or assigns.
508.03 The Commission shall hold a public hearing on the application within twenty-one days (21) after receipt of the notice of intent required under Section 1 of this By-Law. Notice of the time and place of the hearing shall be given by the Commission at the expense of the applicant, not less than five days (5) prior to the hearing, by publication in a newspaper of general circulation within the Town of Saugus and by mailing a notice to the applicant, Board of Health, Planning Board, Board of Selectmen, and all abutters and holders of real estate who might be affected.
508.04 Within twenty-one days (21) of the receipt by the Commission of a written request made by any person and sent by certified mail, the Commission shall make a written determination as to whether this By-Law is applicable to any land or work thereon. When such person is other than the owner, notice of any such determination shall also be sent to the owner.
508.05 The Commission, its agents, officers and employees, may
enter upon the land upon which the proposed work is to be done in response to a request for a prior determination or for the purpose of carrying out its duties under this By-Law and may make or cause to be made such examination or survey as deemed necessary.
508.06 Due consideration shall be given to possible effects of the proposal on all values to be protected under this By-Law and to any demonstrated hardship on the petitioner by reason of a denial, as brought forth at the public hearing. Nevertheless, the Commission is empowered to deny permission for any removal, dredging, filling, or altering of subject lands within the town if, in its judgment, such denial is necessary to preserve environmental quality of either or both the subject lands and contiguous lands.
508.07 Within twenty-one days (21) of the close of the public hearing, the Commission shall issue an Order of Conditions, and all work shall be done in accordance therewith. The Commission may impose such conditions as it deems necessary to contribute to the protection and preservation of subject lands in accordance with the purposes of this By-Law. Any Order of Conditions issued under this By-Law may be subject to the same constraints and may be identical to any such Order issued by the Commission under the provisions of Massachusetts General Laws, Chapter 131, Section 40.
508.08 The Commission may require that the performance of work under the Order of Conditions be secured by one or both of the following methods:
(a) By a bond or deposit of money or negotiable securities in an amount
determined by the Commission to be sufficient and payable to the Town of Saugus upon default.
(b) By a conservation restriction, easement or other covenant running
with the land, executed and properly recorded (or registered, in the case of registered land).
508.09 The notice required by Section 1 of this By-Law shall not apply to emergency projects necessary for the protection of the health or safety of the residents of Saugus and to be performed or ordered to be performed by an administrative agency of the Commonwealth or by the Town of Saugus. Emergency projects shall mean any projects certified to be an emergency by the Commissioner of the Department of Environmental Quality Engineering and the Saugus Conservation Commission if this
By-Law and Massachusetts General Laws Chapter 131, Section 40 are both applicable, or by the Commission if only this By-Law is applicable. In no case shall any removal, filling, dredging or alteration authorized by such certification extend beyond the time necessary to abate the emergency.
508.10 Any person who violates any provision of this By-Law or
any condition of an Order issued pursuant to it shall be punished by a fine of not more than three hundred dollars ($300.00). Each day or portion thereof during which a violation continues shall constitute a separate offense: if more than one, each condition violated shall constitute a separate offense. This By-Law may be enforced by any officer having police powers. Upon request of the Commission, the Board of Selectmen and Town Counsel shall take such legal action as may be necessary to enforce this By-Law and Orders issued pursuant to this By-Law.
508.11 Following a public hearing, rules and regulations shall be promulgated by the Commission to effectuate the purposes of this By-Law. However, failure by the Commission to promulgate rules and regulations shall not act to suspend or invalidate the effect of this By-Law.
Non- criminal disposition: In addition to the procedures for enforcement as described above, the provisions of this by-law may also be enforced, by the Commission or its agent, by non-criminal complaint pursuant to the provisions of M.G.L. c. 40, section 21D. Each day on which a violation exists shall be deemed to be a separate offense. The penalty for violation of any provision of this by-law shall be $25.00 for the first offense; $50.00 for the second offense; $100.00 for the third offense and $200.00 for the fourth and each subsequent offense.
508.12 This By-Law is adopted under Home Rule Amendment of the
Massachusetts Constitution and the Home Rule Statutes, independent of the Wetlands Protection Act, MGL Chapter 131, Section 40, and regulations thereunder.
508.13 The decisions of the Commission made under this By-Law may be appealed according to the provisions of the Massachusetts General Laws. The process for such appeal shall be set forth by the Commission in its rules and regulations.
509.00 Council on Aging
509.01 A council on Aging is herewith established for the purpose of carrying out, coordinating or establishing programs designed to meet the problems of aging. The Council shall make an annual report to the Town.
509.02 The Council may, in its own name, accept contributions, gifts and assistance for the furtherance of its program.
510.00 Kasabuski Memorial Skating Rink and Athletic Field Board of Governors
510.01 There shall be a Board of Governors consisting of not less than eleven members. The members shall receive no remuneration in consideration of their management duties and responsibilities. Eight of the members shall be elected by the following organizations in the quantities stated:
Saugus Youth Hockey Association 3 Members
Figure Skating Club 1 Member
Saugus National Little League 2 Members
Saugus Youth Soccer Association 1 Member
Town of Saugus Playground Commission 1 Member
The Saugus High School Varsity Hockey Coach shall be an automatic
member.
Additionally, the above eight members shall elect three individuals to
fill the remaining positions. These individuals may be any Saugus
residents interested in the objectives and purposes of this plan.
These individuals must also work in the Professional, Financial or
Business Management fields. These members shall be deemed appointed
immediately.
510.02 The510.02 The Board Members' terms of office shall be as follows:
(a) The three members from Saugus Youth Hockey shall serve one, two, and three years, respectively.
(b) The Skating Club Member shall serve three years.
(c) The Saugus National Little League Members shall serve two and three years, respectively.
(d) The Saugus Youth Soccer member shall serve two years.
(e) The term of office of the Varsity Hockey Coach shall be on a continuing basis.
(f) The term of office of the appointed (elected by the members in a. thru e.) members shall be one year.
510.03 In the event that a member has served two successive terms, he/she shall not be eligible for re-election to the Board before the next annual meeting following the expiration of his/her second term.
510.04 Six members shall constitute a quorum at any regular or special meeting of the Board.
510.05 The Board must hold regular meetings on a monthly basis and may call special meetings as deemed required.
510.06 The Board shall elect a Chairman, Vice-Chairman, Secretary and Treasurer as its principal officers. The Chairman shall preside at all regular or special meetings and the Vice-Chairman shall attend and keep accurate records of all business transacted at meetings. The Treasurer shall see that accurate books of accounts are kept and shall work closely with the Town of Saugus Treasurer and Accountant. He/she shall provide a financial report to the Board of Governors at each of
its regular meetings.
510.07 In the event of a vacancy, the Board shall forthwith, request that the vacancy be filled by an election within the member organization (i.e. Youth Hockey, Skating Club, National Little League, Youth Soccer). If a vacancy occurs in the appointed membership, the Board shall fill that vacancy within thirty (30) days.
510.08 The Governors shall be charged with management of the Kasabuski Bros. Skating Rink, including all lands, buildings and incidental activities thereto, and shall be vested with full and complete power to carry out the objectives and purposes of this plan. They shall be vested with the power to promulgate regulations governing the use of the Ice Rink. The Board shall have the power to fix, and as necessary, change fees to be charged for the use of the leased facilities.
510.09 The Board of Governors shall have the power to hire, and discharge personnel (full or part time) that are employed in the operation of the facilities. (Attachment A)
510.10 Employees of the faculty shall not be employees of the Town of Saugus.
510.11 The Board of Governors shall set the salaries and terms and conditions of employment for all employees.
510.12 Any member of the board of Governors may be removed from office for cause at any time by a two-thirds vote of all Board of Governors' Members taken by a written ballot at a duly called meeting of the Board. The call of the meeting at which such action is proposed shall clearly set forth such proposed removal. Written notice of such removal proceeding must be mailed to each Governor and the organization he represents seven days (7) prior to the removal hearing. The member
proposed to be removed shall have the opportunity to defend him/herself.
511.00 Boats and Waterways Commission
511.01 Purpose
The waterways Commission, hereinafter the "Commission" is formulated
for the purpose of providing a clear, effective and professional policy for the planning, development and management of Saugus waterways. The Commission will bring continuity in policy to secure public access to the waterfront, protect the rights of current marine interests and promote development consistent with historic usage and the public interest. The policy of the Commission will ensure the interests of commercial, fishing, and recreational boating and that the waterways will be accessible to all citizens.
511.02 Composition
There shall be a Waterways Commission whichCommission, which shall consist of five (5) members who must be residents of the Town of Saugus. The members
shall be appointed by the Board of Selectmen from a list of persons recommended by the Town Manager, because of their interest in waterways and adjoining land activities. Said commission shall be composed of the following categories: Waterway abutting homeowner
with no commercial interests in waterways or adjacent lands, a
commercial fisherman/lobsterman, a recreational boat owner, business owner in the predominate waterways area, and a town meeting member.
In addition, there shall be two (2) alternate members appointed from any of the proceeding categories of members to serve in place of absent members, if necessary. The harbormaster shall serve as an ex-officio member of the commission, without vote.
511.03 Tenure
The term of all members shall run for three (3) years except that the initial term shall be staggered so that the term of not more than two (2) members shall terminate in any year. Alternate members appointments shall not expire in the same year. If a member resigns or is removed for any reason before his/her term expires, a replacement shall be appointed within two months of termination by the Board of Selectmen, in accordance with Section 2, to complete that term. A commission member can be removed by the Board of Selectmen for good cause, upon request of the commission. Failure to attend four consecutive meetings without good reason shall constitute good cause for removal. The commission shall elect a chairperson and secretary.
511.04 Powers and Duties
The Saugus Waterways Commission is hereby authorized, empowered and
required: tTo prepare and implement a comprehensive Waterway Master Plan and to provide for the annual review of said plan. This plan shall be known as the Saugus Waterways Plan and shall be subject to Town meeting approval.
To recommend procedures, and long range plans for recreational and commercial boats in regard to dockage, launching, moorings and for water dependent development projects; to confirm the enforcement powers of Town, State, and Federal authorities; to advise the Board of Selectmen concerning fees and charges for Town owned and operated facilities within the commission's jurisdiction; to recommend to the Board of Selectmen setting fines for violation of regulations; all consistent with existing law and State and Federal guidelines.
To research, articulate, publicize and help implement the various rules and regulations by the State Department of Environmental Protection, Chapter 91, permitting process and the Army Corps of Engineers licensing procedures as they apply to all development projects in the areas of the waterways of the Town of Saugus under the jurisdiction of the Commission.
To make recommend By-Laws for adoption by the Saugus Town Meeting consistent with any Saugus Waterways Commission Plan ultimately adopted. To advise the harbormaster in the assignment of moorings and placement of floats or rafts held by bottom moorings, the management of mooring areas and the collection of mooring fees as established.
To advise the Town Manager and the park managers in the management, maintenance, and supervision of the Ballard Street Public Parking, and Lobsterman's Landing/Vitale Memorial Park, including any public parking areas related thereto. The Commission shall make recommendations on the fees to be charged for the use of such facilities.
To review the operating budget related to the revolving fund set aside for the cooler facility, and to investigate the feasibility of adding to such a fund other income received from local appropriations, mooring fees, excise taxes collected under M.G.L. Chapter 60B, violation fines, and/or a harbor management fund established hereafter by By-Law; and to make recommendations hereunder to the Town Manager and the Finance Committee.
To act as a liaison between the Town of Saugus and the Army Corps of Engineers, DEP's Division of Wetlands and Waterways and the Massachusetts Office of Coastal Zone Management.
To review and make recommendations on proposed zoning changes for
land bordering the waterways. Such recommendations shall be
forwarded to the Planning Board and the Town Counsel.
To review and make recommendations to the Town Manager and the
Board of Selectmen on proposed water use activities contiguous to the waterfront and within the waters delineated in Section 5 of
this By-Law, that are received for review by other municipal agencies.
To review for consistency with any harbor management plan any public notice of an application for local, state or federal permit for an activity taking section place within the commission's jurisdiction as described in Section 5 of this By-Law, and to respond in a timely fashion with recommendations to the regulating agencies.
To conduct or cause to be conducted, studies of the conditions and operations in and adjacent to Saugus waters and to present to the Town Manager proposals for the harbor's efficient operation.
To work with other Town Agencies and Departments in making applications for, receiving and administering grants or subsidies from any State or Federal Agency and to investigate all accepted financial policies to raise revenues for the planning, construction or financing of any waterways related project.
To prepare an annual report in accordance with the Town Charter.
To meet at least once a month on a day to be scheduled by the Commission.
511.05 Areas of Jurisdiction
The Commission has geographic jurisdiction over:
The areas located in the waters of the Town of Saugus bounded by the projection of the boundary lines of neighboring towns or cities.
All tidal and intertidal zones within these boundaries and all land in the Town of Saugus immediately contiguous to these zones.
All current and future launching and docking facilities within
these boundaries.
511.06 Severability
If any provision of this By-Law or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect the other provisions or any other applications of this By-Law which can be given effect without the invalid provisions or application, and to this end, all the provisions of this By-Law are declared to be severable.
511.07 Concurrent Jurisdiction
Nothing contained in this By-Law shall be construed to supersede or conflict with the jurisdiction of the Federal Government with respect to the enforcement of the navigation, shipping, anchorage and associated laws of the United States, or any lawful regulation of the Division of Wetlands and Waterways Regulation, Department of Environmental Protection, or the Division of Marine and Recreational Vehicles or any laws of the Commonwealth of Massachusetts.
In the event that any provision of this By-Law is hereby found to be invalid the remainder of the By-Law shall continue in full force and effect.
511.08 Harbormaster, Boats and Waterways Rules and Regulations
A. Fishing Equipment, Bait Receptacles
No bait, receptacles for the storage or keeping of bait, or other equipment used for fishing purposes, commercial or otherwise, including traps, buoys, lines, etc., shall be kept or stored on a float or adjoining pier or wharf used as a common landing in whole or in part by the Town including the Town Boat Ramp and Vitale Memorial Park Receptacles for bait and all other equipment used for fishing purposes shall be kept suitably covered to prevent unsightliness or the presence of odor, and shall be kept clean. Any receptacle or equipment used for fishing must be removed from any common landing on order of the harbormaster if found to be on violation of regulations.
B. Use of Any Common Landing for Commercial Fishing Purposes
Prohibited: Exception
No person or persons shall dock at any common landing for the purpose of discharging, unloading, or taking on commercial fishing products without a valid town permit, nor shall any person or persons load or discharge any commercial fishing equipment at any common landing without prior written permission of the harbormaster.
C. Float Permits
No float may be moored in Saugus Harbor without a float permit.
A float permit shall be issued on a yearly basis and the locations, size, and holding equipment shall be under the inspection and control of the harbormaster. Any person aggrieved by the decision of the harbormaster under this subsection has the right to appeal for a hearing to the Board of Selectmen whose decision, after holding a public hearing, is final.
D. Permit to Anchor or Moor a Vessel
A master or person acting as master, owner, custodian or any other person shall moor or anchor any vessel within the limits of Saugus Harbor without first obtaining from the harbormaster a permit to anchor or moor said vessel. Any person aggrieved by the decision of the harbormaster under this subsection has the right to appeal for a hearing to the Board of Selectmen whose decision, after holding a public hearing, is final.
E. Application for Mooring Permit
An applicant requesting a mooring permit shall file an application therefore e with the harbormaster, and said application shall contain such information as the harbormaster may require to determine the adequacy of the mooring and gear to be used by the applicant. Upon receipt of the application, the harbormaster may also require an inspection of said mooring and gear. The harbormaster shall issue to the applicant a mooring permit designating the mooring location if, in the opinion of the harbormaster, said mooring and gear to be used is adequate to secure the boat described and there is space available without endangering other boats. The holder of a mooring permit shall cause his mooring identification number to be painted or attached to the float of his or her mooring. Application
shall be dated and numbered. If space is not available, applicants will be wait-listed by dated seniority. Any person aggrieved by the decision of the harbormaster under this subsection has the right to appeal for a hearing to the Board of Selectmen whose decision, after holding a public hearing, is final.
F. Fee for Mooring Permits; Expiration of Permits; Permits
Nontransferable
The mooring for all who are liable under law to pay to the Town of Saugus their excise taxes for vessels moored in Town waters shall be as determined by the licensing authority, measured from the stem in a straight line aft to the stern. No mooring permit shall be issued until the fee established herein shall be paid to the Town of Saugus. All permits shall expire at midnight, December 31st of the year in which they are issued. Failure of a vessel owner to apply for a permit before April 15th will result in the loss of mooring space. No mooring permit shall be transferable. No vessel, other than the vessel for which the permit is issued may be attached to any mooring. However, the Harbormaster may authorize, in writing, the temporary use of a mooring by another boat upon application by the holder of the permit.
G. Winter Mooring Buoy
Winter Mooring Buoy spars shall be upright at all times. They
shall carry the same permit number issued. The winter spars shall be removed the first day of June and shall not be set until on or after the first day of October of each calendar year.
H. Buoys Visibility
All spars, cans, balls or styrene or equivalent chain flotation
buoys shall be visible at any tide level unless winter line are dropped to the bottom.
I. Harbormaster to Establish and Enforce Regulations for Buoys
and Moorings
The Harbormaster shall make regulation regarding the size, kind
and placing of all moorings and buoys within the anchorage areas of the Town and shall enforce these regulations as provided in the Mass. General Laws.
J. Setting Out Moorings; Chain and Buoys
All moorings shall be placed under the supervision of the
Harbormaster. Moorings shall have such suitable chain and buoy as deemed necessary by the Harbormaster. Proper mooring tackle is necessary to secure vessels adequately at their moorings. The Harbormaster's standards in this matter are advisory only, and the Town of Saugus assumes no liability for personal injury or property damage which results in the utilization of any tackle which meets or exceeds these recommended standards. Any person aggrieved by the decision of the Harbormaster under this subsection has the right to appeal for a hearing to the Commission whose decision, after holding a public hearing, is final.
K. Tying Vessels up to Piers
No vessels may be tied to common landings unless the express permission of the Harbormaster has been obtained, and then only for emergencies.
L. Tying Vessels to Common Landing for more than Thirty Minutes Prohibited; Exception
No vessels shall be tied to any common landings in the Town unless for the express purpose of loading or unloading.
M. Speed Limits of Boats; Excessive Wake
No boats shall exceed five (5) miles per hour, or cause a disturbing wake within the confines of posted areas or anchorage areas within Town waters.
N. Skin Divers, Scuba Divers to a Tow Float, Flag; to Surface
Under Same; Exception
Persons skin diving or scuba diving in the Saugus Harbor shall tow the float and flag required by Mass. General Laws Chapter 90B, Section 13A while submerged. Such persons shall surface under such float and flag. The provisions of this section shall not apply to persons diving for commercial purposes.
O. Preventing Harbor Contamination
No person shall discharge or cause to be discharged any petroleum
products or other products into the Saugus harbor or any waters surrounding the Town. Every caution shall be exercised during transfer operations to prevent the discharge of petroleum products into the Harbor.
All vessels discharging or transferring petroleum or any other
Pollutants in Saugus waters shall deploy an efficient spill guard so as to retain any spill or leakage.
All vessels unloading a cargo in Saugus waters other than petroleum shall deploy a spill guard at the request of the Harbormaster.
P. Notification to Harbormaster of Arrival of Vessel; Information
to be Included in Notice.
All shippers or receivers of petroleum products or other goods and firms doing business in the Town on arrival of a ship or vessel at their wharf, dock, or otherwise, shall immediately notify the Harbormaster of this fact and forward to him or her, a statement setting forth the following information:
(1) Date of Arrival
(2) Rig
(3) Name of Vessel
(4) Nationality
(5) Captain
(6) Arrival Form
(7) Cargo
(8) Amount of Cargo
(9) Consignee of Cargo
(10) Agent of Vessel
(11) Register tons gross
(12) Register tons net
Q. Non-Criminal Disposition
Whoever violates any provision of this By-Law, in the discretion of the Harbormaster, shall be penalized by a non-criminal complaint in the District Court pursuant to the provisions of Mass. General Laws Chapter 40, Section 21D. For the purpose of this provision, the penalty to apply in the event of a violation shall be as follows: $25 for the first offense; $50 for the second offense; $100 for the third offense and $200 for the fourth and each subsequent offense. Each day on which a violation exists shall be deemed to be a separate offense.
512.00 Youth Commission (Deleted Article 29 Town Meeting May 10,1999)
512.00 Recreation & Parks Self-Supporting Revolving Funds.
Annual authorization of the Youth & Recreation Revolving Fund is required by a vote of the Annual Town Meeting.
(Amended, Article 29 of the Annual Town Meeting of May 1, 2000.)
512.01 A Youth Commission is herewith established for the purpose of
carrying out programs which may be designed to meet the opportunities, challenges, and problems of the youth in the Town of Saugus in conjunction with any similar or related programs of any agency of the Commonwealth or any agency of the Federal Government.
512.02 The Commission will consist of five Saugus residents appointed by the Town Manager subject to the approval of the Board of Selectmen with a majority vote of the roll. Upon the establishment of said Commission the terms of the members shall be for one, two or three years and so arranged that the terms of approximately one third of the members will expire each year, and their successors shall be appointed for a term of three years each. Any member of the commission so
appointed may, after a public hearing, if requested, be removed for cause by the appointing authority.
512.03 A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as the Original appointment.
512.04 Said commission may receive gifts of property, both real
and personal, in the name of the Town of Saugus, subject to the approval of the Board of Selectmen. Such gifts will be managed and controlled by the commission in a manner consistent with the Massachusetts General Laws and Acts.
513.00 Board of Health -Solid Waste Facility Public Process Bylaw
Section 1 Preamble.
This section establishes public participation requirements to improve the public notification process following the filing of a site assignment application for a new solid waste facility or for the expansion or modification of an existing facility.
Section 2 Purpose.
The purpose of this Section is to protect the rights of the people of Saugus to clean air and water guaranteed by Article 97 of the Articles of Amendment to the Massachusetts Constitution, and to protect their right to petition government guaranteed by the Massachusetts Constitution, Article 19 of the Declaration of Rights, and by the First Amendment to the United States Constitution.
Section 3 Authority.
This Section is adopted pursuant to the Home Rule Amendment of the Massachusetts Constitution, Article 89 of the Articles of Amendment, independent of the provisions of Section 150A of Chapter III of the General Laws and regulations promulgated thereto.
Section 4. Proposed Solid Waste Facilities - Public Process.
This bylaw establishes procedures to require an informational meeting by the Board of Health, which is held following the filing of an application for a site assignment for a new solid waste facility or for the expansion or modification of an existing facility:
a) The Board of Health shall hold a public informational meeting no later than forty- five (45) days following the receipt by the Board of a site assignment application for a proposed solid waste facility, including an application for a new solid waste facility or for the expansion or modification of an existing facility, where the applicant shall be invited to give a short presentation and to answer questions from attendees.
b) At least fourteen (14) days prior to commencement of said informational meeting, the Board of Health shall require the applicant place a large 4 foot by 8 foot sign at the proposed site, on the nearest public way, which states in a clearly readable typeface that "This is a proposed site of a (type of facility, expansion, or modification) proposed by (name of applicant). An informational meeting on the application will be held (date) (time) at (location). For more information, contact (name, title, phone number and address of Board of Health contact)," and which shall contain a brief description of the proposed project and where application materials can be reviewed.
C) At least fourteen (14) days prior to commencement of said
informational meeting, the Board of Health shall send notice of said meeting, which shall Include a brief description of the project, the date, time and location of the meeting, how residents can participate in the meeting, and where application materials can be reviewed, by first class mail to all residents and landowners located within one mile of the proposed site, including residents and landowners in an abutting town if the proposed site is within one-half mile of that town (an "abutting town").
d) At least fourteen (14) days prior to commencement of the informational meeting, the Board of Health shall forward a copy of the application for site assignment to the Saugus Public Library and to the public library in an abutting town, if any, and make a copy available on the Internet.
e) At least fourteen (14) days prior to commencement of the informational meeting, the Board of Health shall publish notice as a display advertisement in a non-legal section of one or more newspapers of general circulation in Saugus and an abutting town, if any, which shall include notice of the informational meeting and where the application materials may be reviewed, and shall send the notice as a press release to all newspapers and media outlets which circulate in the town.
f) The Board of Health shall provide for either live public broadcast of the informational meeting on the local cable access channel, or if that is not feasible, for the videotaping of the informational meeting for later broadcast.
g) The Board of Health may assess upon the applicant the costs
for complying with the provisions of this subsection relative to the informational meeting and providing notice thereof. Said applicant may contest the amount so assessed and may request a hearing before the Board, who may then reconsider the amount of the assessment thereof.
Section 5 Severability.
Each of the paragraphs within this By-Law shall be construed as separate to the end that if any sentence, clause or phrase thereof shall be held invalid for any reason the remainder of that paragraph and all other paragraphs of this By-Law shall continue in force.
(Article 30 of the 2003 Annual Town Meeting held on June 23, 2003)
514.00 Board of Health -Solid Waste Facility Enforcement Bylaw
Section 1 Preamble.
This Section establishes public involvement requirements for Board of Health regulation of a solid waste facility, which has already received a site assignment.
Section 2. Purpose.
The purpose of this section is to protect the rights of the people of Saugus to clean air and water guaranteed by Article 97 of the Articles of Amendment to the Massachusetts Constitution, and to protect their right to petition government guaranteed by the Massachusetts Constitution, Article 19 of the Declaration of Rights, and by the First Amendment to the United States Constitution.
Section 3 Authority.
This Section is adopted pursuant to the Home Rule Amendment of the Massachusetts Constitution, Article 89 of the Articles of Amendment, independent of the provisions of Section 150A of Chapter 111 of the General Laws and regulations promulgated thereto.
Section 4 Regulation of Solid Waste Facilities.
General Laws Section 150A, Chapter 111 requires that every person maintaining or operating a solid waste facility shall operate the facility in such manner as will protect public health and safety and the environment. Upon determination by the Board of Health that the operation or maintenance of such a facility results in a threat to public health and safety or the environment, the Board may rescind, suspend, or modify the site assignment following due notice and a public hearing. This By-Law provides that, in addition to the procedures required by state law and regulation:
a) Anyone hundred (100) or more residents of Saugus may petition the board of Health in writing alleging that a solid waste facility is operating in violation of its site assignment or of any applicable law, regulation, order, or bylaw or that the maintenance or operation of a solid waste facility results in a threat to public health or safety or the environment.
b) When an allegation is made that a solid waste facility is in
violation of any applicable law, regulation, order, or bylaw or that the maintenance or operation of a solid waste facility results in a threat to public health or safety or the environment, the burden of proof shall be on the owner or operator of the solid waste facility to prove that the facility is not in violation or that the operation of the facility does not result in a threat to public health, safety, or the environment, as the case may be.
c) No later than twenty-one (21) days following receipt of such a petition, the Board of Health shall schedule a preliminary hearing. The purpose of the preliminary hearing shall be to decide whether the Board should schedule a site assignment hearing pursuant to Section 150A of Chapter III of the General Laws to consider whether to rescind, suspend, or modify the site assignment.
d) The preliminary hearing shall be held no later than sixty 60) days following receipt of the petition.
e) Notice of the preliminary hearing shall be made at least twenty-one (21) days prior to the commencement of the hearing by notice printed in a display advertisement in every newspaper of general circulation in Saugus. Said notice shall include the entire text or a concise summary of the petition, the date, time, and place of the preliminary hearing, and the deadline for submitting written comments to the Board of Health on the petition.
f) The preliminary hearing shall be conducted as follows: The petitioners shall first describe the basis for their petition. Then, the owner or operator of the affected facility shall be given a reasonable opportunity to respond. The Board shall then allow public testimony, and shall accept written comments for a specific period of time that shall be announced at the preliminary hearing. The hearing shall be conducted as informally as possible, and shall not follow the rules of evidence commonly followed in the courts. Any resident of Saugus shall be allowed to present oral or written testimony during the hearing.
g) No later than thirty (30) days following the conclusion of the preliminary hearing, the Board shall render a written decision whether or not to convene a site assignment hearing pursuant to Section 150A, Chapter III of the General Laws to consider whether the site assignment should be rescinded, suspended, or modified.
Section 5 Severability.
Each of the paragraphs within this By-Law shall be construed as separate to the end that if any sentence, clause or phrase thereof shall be held invalid for any reason the remainder of that paragraph and all other paragraphs of this By-Law shall continue in force.
(Article 31 of the 2003 Annual Town Meeting held on May 19, 2003)
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