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