Town of Webster, MA
Worcester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting 5-13-1996 ATM, Art. 4; amended 10-21-2002 FATM, Art. 35 (Sec. 190.7 {190.34} of the General Bylaws).[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Waterways and boating; lake rules and regulations — See Ch. 635.
Zoning — See Ch. 650.
[1]
Editor's Note: Interim amendments to these provisions were made by 5-12-1997 ATM, Art. 6; and 5-14-2001 ATM, Art. 17.

§ 459-1 Permit required; terms, conditions and restrictions.

[Amended 5-11-2009 ATM, Art. 26]
In accordance with MGL c. 91 and 310 CMR 9:07, Activities Subject to Annual Permit, as amended, the Board of Selectmen of the Town of Webster may authorize by permit for small structures accessory to residences under the provisions of 310 CMR 9:07, as amended. The Board of Selectmen, or their designated Marine Patrol Supervisor, will authorize, by permit, the placement of removable docks, the mooring on a temporary basis, of floats or rafts held by anchors or bottom moorings within the Town of Webster upon such terms, conditions, and restrictions as approved by the Board of Selectmen. All proposed terms, conditions, and restrictions shall be presented to the Board of Selectmen for approval. Once approved by the Board of Selectmen, all terms, conditions, and restrictions shall be published in a local newspaper and be available to any citizen of the Town of Webster by request to the Board of Selectmen or their designated Marine Patrol Supervisor.

§ 459-2 Action on application for permit.

The Board of the Selectmen or their designated Marine Patrol Supervisor shall act on application for such permits within a period of 15 days from receipt thereof.

§ 459-3 Appeals; contents of legal notice.

Any persons aggrieved by a refusal to permit such mooring may appeal to the Division of Waterways of the Department of Environmental Protection (DEP) within 30 days after receiving legal notice of such refusal or the imposition of such conditions or restrictions. The legal notice shall detail the reasons for refusal or the imposition of such conditions or restrictions, and recommendations for remedy.

§ 459-4 Construal of provisions.

Nothing in this bylaw shall be construed as authorizing the placement of floats or rafts and appurtenant anchors of bottom moorings on private flats or flats other than those of the applicant if objected to by the owner or owners thereof.

§ 459-5 Applicability of state and federal laws.

Actions by the Board of the Selectmen and their designated Marine Patrol Supervisor shall be subject to all applicable laws including but not limited to those administered by the DEP, Division of Motorboats, the Division of Marine Fisheries and the United States Corps of Engineers.

§ 459-6 Floats, rafts or moorings installed without permit.

Floats or rafts held by anchors or bottom mooring installed without written permission from the Board of the Selectmen or their designated Marine Patrol Supervisor shall be considered a public nuisance and may be removed by the Town of Webster at the expense of the homeowner in the event he/she fails to remove the same after legal notice in writing from the Board of Selectmen and their designated Marine Patrol Supervisor.

§ 459-7 Definitions.

TEMPORARY
For the purpose of this bylaw, temporary shall mean no longer than the end of any given calendar year.

§ 459-8 Fund distribution.

All collected funds will be distributed in accordance with MGL c. 91 that requires all collected funds will be used for the benefit of the lake. The program shall not be implemented until the requirements of Chapter 91 fund distribution are fully met.