CHAPTER VIII
PUBLIC HEALTH REGULATIONS
8-1 RELATIONSHIP OF SEPTIC SYSTEM TO WETLANDS.
No part of a septic system including leaching fields, shall be located within 100 feet of a wetland. (Modifies Regulation 3.7 of Mass. Environmental Code).
8-2 LEACHING AREA.
No septic system shall be constructed with a leaching area of less than 800 square feet. (Modifies Regulation 3.4e Of Mass. Environmental Code).
8-3 MULTIPLE USE OF SYSTEMS.
The use of a subsurface sewage disposal system by more than one building used for dwelling purposes is prohibited. (Modifies Regulation 2.18b of Mass. Environmental Code).
8-4 ANIMAL IMPOUNDMENT AREAS.
8-4.1 Animals shall be segregated by species (dogs, cats, etc.).
8-4.2 Dogs shall be confined by size (small, medium, large). Confinement areas shall be minimum of the following areas:
a. Small dogs (1-35 lbs.) 12 sq, ft. per dog.
b. Medium dogs (36-50 lbs.) 20 sq. ft. per dog.
c. Large dogs (51lbs. and over) 24 sq. ft. per dog.
If dogs are confined to these areas, separate exercise areas shall be provided large enough to keep the animal in good health.
d. Aggressive dogs shall be kept separate.
e. Diseased, sick or injured dogs shall be kept separate.
f. Puppies shall be kept separate from adult dogs, unless nursing, then mother only.
g. Dog confinement areas shall have temperature control at least 50 degrees, not over 85 degrees, at floor level. Cleaned at least once a day. Walls and floors shall be impervious so they are easily cleanable. Well ventilated. Well lighted. Have bed board or clean dry bedding material, adequate to accommodate dog confined. Provided with food and water in containers mounted so as to prevent spillage or fouling by animal. Disease, bacteria and parasites (fleas, ticks, mosquitoes, etc.) shall be controlled. Droppings shall be disposed of by chemical decomposition, burying, or other acceptable methods (not used as fertilizer). Dead animals shall be cremated or buried in a designated area.
h. Diseased, sick or injured animals shall be provided with adequate medical attention.
i. The following rules shall apply for food requirements for confined dogs:
1.Adequate diet consists of the following portions: One-half pound of cooked meat mixed with one pound of dry commercial dog food. (add enough water to mix well).
2. Adult animals shall be fed once daily with the above mixture, one pound of food per 25 lbs. of dog.
3. Puppies (under 6 months) shall be fed as prescribed by local veterinarian, if required.
8-4.3 The vehicle used to pick up and/or transport animals shall provide the following:
a. Adequate ventilation.
b. Temperature control, ventilation or heat to insure the 50-85 degree temperature.
c. Separate compartments or cages to separate dead, diseased, injured, etc., animals from all other if required.
d. Animals shall not be kept in vehicle in excess of four hours.
e. Vehicle shall be kept clean and free of vermin.
f. Injured or sick animals shall be medically treated as soon as practical.
g. Animals shall not be exposed to adverse weather conditions or excess engine exhaust fumes.
8-4.4 If the need arises to confine other animals, the rules of sanitation, humane treatment, and common sense shall apply.
8-5 PERCOLATION TESTS.
Any percolation tests for sewage systems must meet the requirements of Title V of the State Sanitary Code. Tests will be valid for five years from the date of the test.
8-6 CISTERNS.
8-6.1 Anyone wishing to construct a cistern must submit an application and a detailed drawing of proposed plan to the board of health for approval. No construction may begin until approval of the plan is given by the board, and no plan shall be approved until determined to be in compliance with these regulations.
8-6.2 A cistern is defined as a watertight tank in which water is stored, the water is usually collected from rainwater runoff from the building roofs and piped to the cistern. Under certain circumstances, ground water, well water, or tank truck water can be used in cisterns.
8-6.3 The size of the cistern shall be determined by the dwelling occupation potential. A dwelling shall be deemed to have the average or usual potential of two persons per bedroom. Each dwelling shall therefore maintain a cistern with a 2,000 gallons per bedroom capacity.
a. 1 bedroom - 2,000 gallon cistern.
b. 2 bedroom - 4,000 gallon cistern.
c. 3 bedroom - 6,000 gallon cistern.
The two thousand gallons per bedroom will supply approximately thirty-five gallons per person per day for thirty days.
8-6.4 EXTERIOR CISTERNS.
a. Located at least 100 feet from any leaching area of subsurface sewage disposal system.
b. Shall be exterior to the dwellings foundation and shall be totally separate of the dwellings exterior foundation walls.
8-6.5 INTERIOR CISTERN.
a. Shall be located twenty feet from any subsurface sewage system area.
b. Shall be built inside a dwelling foundation. The cistern shall have its own foundation (walls, ceiling, and floor). It shall not be permissible for any part of the dwelling to serve as a cistern wall, ceiling, or floor.
8-6.6 ALL CISTERN WATER SYSTEMS SHALL:
a. Be watertight.
b. Have gutters and piping in compliance with current minimum municipal, state, or federal codes and regulations and inspected by the plumbing inspector before use.
c. Have all piping into dwelling conform to current governmental codes and regulations in effect at the time the cistern application is pending before the board of health.
d. Have a bypass valve installed in water supply line so that rainwater from the collection area can be diverted from the cistern until the collection area has been washed by rainwater.
e. Be screened by screening material with openings no greater than 1/16 inch square, to facilitate the removal of majority of undesirable material from water before it enters the cistern.
f. Have openings such as ventilation, overflow, etc., screened to prevent entry of rodents, insects and other objectionable objects.
g. Have no cross connections between municipal and private water supply.
h. Have installation of an approved backflow preventer between the town water system and the individual house plumbing.
i. An exterior cistern shall have a manhole of sufficient size to allow entry to the cistern. The manhole shall have a curb with an edge projecting at least four inches above the surrounding surface. The manhole cover shall be watertight and provided with some means to prevent unauthorized entry by children or animals, by the use of a weight or a mechanical latch. The edge of the manhole cover shall overlap the curb and project downward for a minimum of two inches.
j. An interior cistern shall have a means of entry that prevents unauthorized entry by children or animals by use of a weight or mechanical latch.
k. Be provided with a cover material to prevent entrance of dirt, insects, rodents, and other foreign materials.
l. Be prevented from freezing.
m. Have sufficient structural strength and same shall in no event be less effective or strong than concrete cisterns under 8-6.7a.
8-6.7 Cisterns shall be constructed of poured reinforced concrete, precast concrete, stainless steel, or fiberglass.
a. Cisterns constructed of poured concrete shall have walls no less than eight inches thick, and reinforced with a minimum of 1/2 inch diameter steel rods, horizontally and vertically placed twelve inches apart. The floor to be a minimum of six inches thick and reinforced with 1/2 inch diameter steel rods to be placed parallel and perpendicular twelve inches apart. All poured concrete must be equal to 4,000 pounds per square inch. Shall be poured on a minimum ten inch bed of crushed stone. All walls and floors are to be keyway joined. The interior walls shall be smooth and coated with a non-toxic sealer or vinyl liner. The cover may be reinforced concrete no less than four inches thick, or a combination of wood and vinyl. Either concrete or wood and vinyl covers must seal the tank to form a watertight fit.
b. Precast reinforced concrete, stainless steel, or fiberglass (fiberglass resin must be F.D.A. approved) tanks shall have sufficient structural strength and shall in no event be less effective or strong than poured concrete cisterns under 8-6.7a.
8-6.8 Initial water test shall be conducted to determine acceptability of bacteria, chemical and physical properties of water. Treatment of the water will be required if conditions are indicated (such as chlorination). Cisterns shall have water tested annually in October, at the owner's expense, with the results submitted to the board of health.
8-7 DUMPSTERS.
a. All dumpsters within the Town of Essex must be kept covered during the day and covered and locked at night.
b. Any land owner whose dumpster is a source of pollution, i.e., rubbish blowing about, or similar nuisance, because it is not covered or locked in accordance with this regulation will be fined $10.00 for each offense.
c. Any land owner whose dumpster is the cause of a fire because it is uncovered or unlocked in accordance with this regulation will be charged for Fire Department services.
8-8 VARIANCE.
The board of health may grant a variance from the Rules and Regulations established under this section under the following circumstances:
a. No such variance shall result in the enforcement of a rule or regulation or condition which would thereupon be less restrictive than the applicable State Code enforced by the local board.
b. Factors which may be considered by the board with respect to any particular cases shall include but not limited to those factors enumerated in Part 2, Section 15-20 of the State environmental Code, as same may be amended from time to time.
8-9 REGIONAL HEALTH DISTRICT.
Pursuant to Chapter 111, Sec. 27A of the Mass. General Laws, the Town will form a district for the purpose of employing a Health Officer who shall be appointed by a joint committee of the Board of Health of Essex and Manchester, and for such other purposes as allowed by such statute, to be effective July 1, 1987.
TABLE OF SOURCE SECTIONS
1-1 3/16/77, Art. 12.1-2 3/16/77, Art. 12.1-3 3/16/77, Art. 12.1-4 3/16/77, Art. 12.2-12-1.1 3/4/74, Art. 29.
2-1.2 1951, Art. II. S 3.
2-1.3 1951, Art. II. S 4.; 5/6/97, Art. 30
2-1.4 1951, Art. II. S 5.; 10/24/94, Art. 5
2-1.5 5/10/77, Art. 47.
2-1.6 1951, Art. II, S 7.
2-1.7 1951, Art. II, S 8.
2-1.8 5/10/77, Art. 46.
2-1.9 6/4/73, Art. 4.
2-2 3/3/69, Art. 40; 3/4/74, Art. 29.
2-3 9/28/51, Art. 2; 5/3/82, Art. 45.
2-4
2-4.1 3/4/68, Art. 12; 5/2/88, Art. 38, 10/24/88
2-4.2 3/4/68, Art. 12; 5/2/88, Art. 39
2-4.3 3/4/68, Art. 12.
2-4.4 3/4/68, Art. 12.
2-4.5 3/4/68, Art. 12.
2-4.6 3/4/68, Art. 12.
2-5
2-5.1 3/3/41, Art. 38.
2-5.2 7/30/40
2-5.3 3/3/41, Art. 37.
2-6 3/16/77, Art. 10.
2-7 3/16/77, Art. 9; 5/3/82. Art.8
2-7A 5/5/86, Art. 39, 5/1/89, 5/7/90
2-8
2-8.1 Art. IV, 3/29/54, as amended, 3/7/55, Art. 37.
2-8.2 1951, Art. IV, SS 3,4.
2-8.3 1951, Art. IV, S 5.
2-8.4 Art. VI, 3/29/54.
2-9 New.
2-10 3/2/64, Art. 30; 5/3/76, Art. 46.
2-11 3/7/66, Art. 20.
2-12 3/6/72, Art. 23; 5/5/86, Art. 30.
2-13 4/24/67, Art. 2; 3/5/73, Art. 51; 5/3/82,Art. 46; 3/2/87, Art. 4; 5/4/87, Art. 64.; 5/3/93, Art. 35; 5/2/94, Art. 9.;
5/1/95, Art. 10.
2-14 3/6/72, Art. 35.
2-15 New.; 5/1/95, Art. 11.
2-16 6/30/75, Art. 7.
2-17 5/5/75, Art. 35.
2-18 10/23/74, Art. 5.
2-19 9/27/76, Art. 7.
2-20 12/28/81; 3/3/86, 5/6/91; 5/2/94, Art.6; 5/6/97, Art. 26
2-21 5/2/94, Art. 45.
2-22 5/6/96, Art. 16.
3-1 3/1/68, S 1; 3/4/68, Art. 7.
3-2 3/1/68, S 20; 3/4/68, Art. 7.
3-2.1 3/1/68, S 20; 3/4/68, Art. 7.
3-2.2 3/1/68, S 20; 3/4/68, Art. 7.
3-2.3 3/1/68, S 18; 3/4/68, Art. 7.
3-2.4 3/1/68, S 20.
3-2.5 3/1/68, S 20.
3-2.6 3/1/68, S 20.
3-2.7 3/1/68, S 20.
3-3
3-3.1 3/1/68, S 2.
3-3.2 3/1/68, S 2.
3-3.3 3/1/68, S 2.
3-3.4 3/1/68, S 2.
3-3.5 3/1/68, S 2.
3-3.6 3/1/68, S 2.
3-3.7 3/1/68, S 2.
3-3.8 3/1/68, S 2.
3-3.9 3/1/68, S 2.
3-3.10 3/1/68, S 2.
3-3.11 3/1/68, S 3.
3-3.12 3/1/68, S 4.
3-4
3-4.1 3/1/68, S 5.
3-4.2 3/1/68, S 5.
3-5
3-5.1 3/1/71, Art. 46; 3/1/68, S 7.
3-5.2 3/1/68, SS 8&9; 6/12/78, Art. 4; 5/7/79,
Art. 34; 5/3/82, Art. 8.
3-5.3 3/1/68, SS 10-12; 5/3/76, Art. 20; 5/10/77,Art. 55.
3-5.4 3/1/68, S 17; 6/12/78, S 5.
3-5.5 3/1/68, S 14.
3-5.6 3/1/68, S 15.
3-5.7 3/1/68, S 13; 5/10/77, Art. 56; 5/3/82, Art. 8.
3-5.8 3/1/68, S 16; 5/4/81, Art. 43.
3-5.9 6/4/73, Art. 5.
3-5.10 5/10/77, Art. 57; 5/3/82, Art. 8.
3-5.11 5/10/77, Art. 58.
3-5.12 5/10/77, Art. 59; 5/3/82, Art. 8.
3-6
3-6.1 3/1/68, S 18; 5/3/82, Art. 8.
3-6.2 3/1/68, S 18.
3-7 3/1/68, S 21.
3-8 3/1/68, S 19.
4-1
4-1.1 3/4/63, Art. 27.
4-1.2 3/4/63, Art. 27.
4-1.3 3/4/63, Art. 27.
4-1.4 3/4/63, Art. 37.
4-1.5 3/4/63, Art. 37.
4-2
4-2.1 3/2/59, Art. 24, S 1.
4-2.2 3/2/59, Art. 24, S 2.
4-2.3 3/2/59, Art. 24, S 3.
4-2.4 3/2/59, Art. 24, S 4.
4-3
4-3.1 5/5/75, Art. 30; 10/28/75, Art. 6.
4-3.2 1951, Art. IX, S 4.
4-3.3 1951, Art. IX, S 5.
4-3.4 1951, Art. IX, S 6.
4-3.5 1951, Art. IX, S 7.
4-3.6 1951, Art. IX, S 8.
4-3.7 1951, Art. IX, S 9.
4-3.8 1951, Art. IX, S 10.
4-3.9 6/4/73, Art. XIII, SS 11, 12.
4-3.10 6/4/73, Art. XIII, S 13.
4-4 Art. XXXV. 3/1/54; 1/19/81, Art. 6
4-4A 5/6/96, Art. 20.
4-5
4-5.1 3/5/62, Art. XXXIII, S 1.
4-5.2 3/5/62, Art. XXXIII, S 2.
4-5.3 3/5/62, Art. XXXIII, S 3.
4-5.4 3/5/62, Art. XXXIII, S 4.
4-6
4-6.1 1951, Art. X, S 1.
4-6.2 1951, Art. X, S 2.
4-6.3 1951, Art. X, S 3.
4-6.4 8/5/85
4-7
4-7.1 3/4/63, Art. XXXIII.
4-7.2 1951, Art. VII, S 1.
4-7.3 1951, Art. VII, S 2.
4-7.4 1951, Art. VII, S 3.
4-7.5 1951, Art. VII, S 4.
4-7.6 1951, Art. VII, S 5.
4-7.7 3/4/63, Art. XXV.
4-7.8 5/2/94, Art. 30.
4-8
4-8.1 Art. XLIV, 3/2/53; 3/5/56, Art. 42.
4-8.2 Art. XLIV, 3/2/53.
4-8.3 Art. XLIV, 3/2/53.
4-8.4 Art. XLIV, 3/2/53.
4-8.5 Art. XLIV, 3/2/53.
4-9
4-9.1 3/7/66, Art. 23.
4-9.2 1951, Art. VI, S 2; 5/4/87, Art. 38.
4-9.3 11/21/77, Art. III.
4-10 New.
4-11 5/4/92, ART 43.
4-12.1 5/2/94, Art. 46; 5/6/96, Art. 20
Animal 5/3/82, Art. 49; 5/7/90, ART 38.
Control
5-1 11/27/76; 6/21/83
6-1 11/21/77, Art. I.
6-2 6/7/72, S 1.
6-3 11/21/77, Art. I.
6-3.1 6/7/72, S VII; 11/21/77, Art. I.
6-3.2 6/7/72, S VII; 11/21/77, Art. I.
6-3.3 6/7/72, S VII; 11/21/77, Art. I.; 5/1/95, Art. 4.
6-3.4 6/7/72, S VII; 11/21/77, Art. I.
6-3.5 6/7/72, S VII; 11/21/77, Art. I.
6-3.6 6/7/72, S VII; 11/21/77, Art. I.
6-3.7 6/7/72, S VII; 11/21/77, Art. I; 5/2/83, Art. 40.
6-3.8 6/7/72, S VII; 11/21/77, Art. I.
6-3.9 6/7/72, S VII; 11/21/77, Art. I.
6-3.10 6/7/72, S VII; 11/21/77, Art. I.
6-3.11 6/7/72, S VII; 11/21/77, Art. I.
6-3.12 6/7/72, S VII; 11/21/77, Art. I.
6-3.13 6/7/72, S VII; 11/21/77, Art. I.
6-3.14 6/7/72, S VII; 11/21/77, Art. I;5/1/89, ART 35.
6-3.15 6/7/72, S VII; 11/21/77, Art. I.
6-3.16 6/7/72, S VII; 11/21/77, Art. I.
6-3.17 6/7/72, S VII; 11/21/77, Art. I.
6-3.18 6/7/72, S VII; 11/21/77, Art. I.
6-3.19 6/7/72, S VII; 11/21/77, Art. I.
6-3.20 6/7/72, S VII; 11/21/77, Art. I.
6-3.21 6/7/72, S VII; 11/21/77, Art. I.
6-3.22 6/7/72, S VII; 11/21/77, Art. I.
6-3.23 6/7/72, S VII; 11/21/77, Art. I.
6-3.24 6/7/72, S VII; 11/21/77, Art. I.
6-3.25 6/7/72, S VII; 11/21/77, Art. I.
6-3.26 6/7/72, S VII; 11/21/77, Art. I.
6-3.27 6/7/72, S VII; 11/21/77, Art. I.
6-3.28 6/7/72, S VII; 11/21/77, Art. I.
6-3.29 6/7/72, S VII; 11/21/77, Art. I.; 5/1/95, Art. 2.
6-3.29a 5/1/95, Art. 2.
6-3.30 6/7/72, S VII; 11/21/77, Art. I.
6-3.31 6/7/72, S VII; 11/21/77, Art. I.
6-3.32 6/7/72, S VII; 11/21/77, Art. I.
6-3.33 6/7/72, S VII; 11/21/77, Art. I.
6-3.34 11/21/77, Art. I.
6-3.35 11/21/77, Art. I.
6-3.36 11/21/77, Art. I.
6-4 11/21/77, Art. I.
6-4.2 5/2/83, Art. 36.; 5/1/95, Art. 2.
6-4.2 5/5/80, Art. 47.
6-4.3 5/5/80, Art. 48 deleted.
6-4.3 5/1/95, Art. 2.
6-4.4 5/2/83, Art. 37; 5/1/95, Art. 2
6-5 11/21/77, Art. I.
6-5.1 6/7/72, S I, C.; 11/21/77, Art. I. 5/1/95, Art. 5.
6-5.2 6/7/72, S I, C.; 11/21/77, Art. I.
6-5.3 6/7/72, S I, C.; 11/21/77, Art. I.
6-5.4 6/7/72, S I, C.; 11/21/77, Art. I.
6-5.5 6/7/72, S I, C.; 11/21/77, Art. I; 5/2/83, Art. 38.
6-5.6 6/7/72, S I, C.; 11/21/77, Art. I.
6-5.7 6/7/72, S I, C.; 11/21/77, Art. I.
6-5.8 6/7/72, S I, D.; 11/21/77, Art. I.
6-5.9 6/7/72, S I, D.; 11/21/77, Art. I.
6-5.10 6/7/72, S I, E.; 11/21/77, Art. I.
6-5.11 6/7/72, S I, F.; 11/21/77, Art. I. 5/1/95, Art. 5.
6-5.12 11/21/77, Art. I.
6-5.13 11/21/77, Art. I.
6-5.14 11/21/77, Art. I.
6-6 11/21/77, Art. I.
6-6.1 6/7/72, S II.; 11/21/77, Art. I.
6-6.2 6/7/72, S II, A.;11/21/77, Art.I;5/1/89, ART 35.
6-6.3 6/7/72, S II, B.;11/21/77, Art.I;5/1/89, ART 35.
6-6.4 6/7/72, S II, C.; 11/21/77, Art. I.
6-6.5 6/7/72, S II, D.; 11/21/77, Art. I;5/3/82, Art. 37;
5/2/83, Art. 41.; 5/1/95, Art. 7 & 9.
6-6.6 6/7/72, S II, F; 11/21/77, Art. I; 5/3/82, Art. 38.; 5/1/95, Art. 7.
6-6.7 11/21/77, Art. I; 5/3/82, Art. 39.; 5/1/95, Art. 7
6-6.8 11/21/77, Art. I; 5/3/82, Art. 40.; 5/1/95, Art. 7 & 9.
6-6.9 11/21/77, Art. I; 5/5/80, Art. 49;5/2/83, Art.40.; 5/1/95, Art. 7.; 5/6/97, Art. 32.
6-6.10 11/21/77, Art. I.
6-6.11 11/21/77, Art. I.
6-7 11/21/77, Art. I.
6-7.1 6/7/72, S III,A.; 11/21/77, Art. I; 5/2/83, Art. 39.
6-7.2 6/7/72, S III,A.; 11/21/77, Art. I.
6-7.3 6/7/72, S III,A.; 11/21/77, Art. I; 5/3/82, Art. 41.
6-7.4 6/7/72, S III,A.; 11/21/77, Art. I.
6-7.5 6/7/72, S III,A.; 11/21/77, Art. I.
6-8 11/21/77, Art. I.
6-8.1 6/7/72, S III,B.; 11/21/77, Art. I; 5/3/82, Art. 44.
6-8.2 6/7/72, S III,B.; 11/21/77, Art. I.
6-8.3 6/7/72, S III,B.; 11/21/77, Art. I.
6-8.4 6/7/72, S III,B.; 11/21/77, Art. I.
6-8.5 6/7/72, III,B.; 11/21/77, Art. I.
6-8.6 6/7/72, III,B.; 11/21/77, Art. I.
6-8.7 6/7/72, III,B.; 11/21/77, Art. I.
6-8.8 6/7/72, III,B.; 11/21/77, Art. I.
6-8.9 6/7/72, III,B.; 11/21/77, Art. I.
6-8.10 6/7/72, III,B.; 11/21/77, Art. I.
6-9 6/7/72, S III,A.
6-10 5/7/79, Art. 42
6-12 9/8/86
6-11 6/2/72
6-13 9/23/91
7-1 1951, Art. VI, SS 1,2; 10/21/85.
7-2 3/16/77, Art. II; 10/21/85.
7-3.1 1951, Art. VI, S 3; 8/3/81.
7-3.2 1951, Art. VI, S 3;
7-3.3 1951, Art. VI, S 3;
7-3.4 1951, Art. VI, S 3;
7-3.5 1951, Art. VI, S 3;
7-3.6 1951, Art. VI, S 3;
7-3.7 1951, Art. VI, S 3;
7-3.8 1951, Art. VI, S 3;
7-3.9 1951, Art. VI, S 3;
7-3.10 1951, Art. VI, S 3;
7-3.11 1951, Art. VI, S 3;
7-3.12 1951, Art. VI, S 3;
7-3.13 1951, Art. VI, S 3;
7-3.14 1951, Art. VI, S 3;
7-4 1951, Art. VI S 4.
7-5 5/2/94, Art. 48.
8-1 11/30/76.
8-2 11/7/77.
8-3 11/7/77.
8-4 1/9/78.
8-5 12/6/78; 2/11/85.
8-6 10/30/78; 11/7/83.
8-7 5/15/82
8-8 2/9/83
8-9 3/2/87
Appendix A 5/16/55; 3/1/78; 8/5/81.
Appendix B 3/4/81; 3/20/85.
Appendix C 11/14/77, 3.1h; 5/23/83.
Appendix D 1/5/76; 5/23/77; 2/23/79; 3/4/81;
1.1a - 4/14/82; 1/ /92
1.1b - 4/28/82, 11/11/82
1.2a - 11/11/82; 1/ /92; 2/1/93
1.2e - 6/4/82
1.3d - 4/20/83
4.1 - 5/2/94, Art. 47
Appendix E
Appendix F 9/13/76; 2/4/80; 5/5/86;
5/2/88, Art. 24.
Appendix G 7/11/77.
Appendix H 2/21/78.
Appendix I 1/23/78.
Appendix J 12/27/77.
Appendix K 7/18/83.
APPENDIX B
SPECIAL PERMIT ISSUANCE RULES
A. An applicant for a special permit for a use or activity requiring such permit from the Planning Board (the "Board") under the Zoning By-Law, shall file with the Town Clerk an application therefor together with five copies, all substantially in the form of Exhibit I hereto and each accompanied by:
1. A plot plan (at least 8 1/2 " by 11") showing the dimensions of the lot and area, existing and proposed buildings and respective dimensions, including floor areas and distance from lot lines, all to scale, with a north arrow;
2. If construction is to be more than one story, an exhibit reflecting front and side elevations to scale; and
3. A list of the "parties in interest" including the names and addresses of the applicant, abutters, owners of land directly opposite the property on any public or private street or way and abutters to the abutters within the 300 feet of the property line. All names and addresses shall be obtained from the most recent applicable tax list maintained by the assessors. The list of names and addresses accompanying the application shall be certified as correct by the Board of Assessors or its designee.
B. All pertinent paragraphs of the application form must be completed, and all information required by the form shall be concisely stated. If there is insufficient space in the form, additional sheets may be attached bearing the applicable paragraph number and containing the additional information.
C. Any communication purporting to be an application shall be treated as mere notice of an intention to apply for such an application until such time as it is made on the approved application form. The Board shall only consider a completed form.
D. Notwithstanding any of the foregoing, The Board may, in its sole discretion, waive any of the provisions of Paragraphs A through C inclusive and may require additional information as it deems necessary.
E. The original of the application form shall be signed personally by the applicant.
F. A filing fee of $100.00 (to cover the cost of public hearing notices and mailing) shall accompany each application. If paid by check, the check shall be made payable to the Town of Essex.
G. The Board will schedule a public hearing with respect to any duly filed application at the earliest possible date, but no later than 65 days after filing of the application depending upon the availability of needed information and response from other interested boards and agencies, and publication time as required by Section 9 of Chapter 40A of the General Laws of Massachusetts.
H. The notice of public hearing shall be substantially in the form of Exhibit II and shall include:
1. The name of the applicant(s);
2. A description of the area or premises;
3. The location of the area or premises including a street address, if any;
4. The subject matter of the hearing;
5. The date, time and place of the hearing; and
6. The nature of action or relief requested.
I. Notice of the public hearing shall be:
1. Published in the Gloucester Times once in each of 2 successive weeks. The first publication may not be less than 14 days before the date of hearing.
2. Posted in a conspicuous place in the Town Hall for a period of not less than 14 days before the date of the hearing.
3. Mailed, postage prepaid not less than 14 days before the date of the hearing to "parties in interest" which shall include the applicant, abutters, owners of land directly opposite on any public or private street or way, the abutters to the abutters within 300 feet of the property line, the Board, and the Planning Board of every abutting city or town; and
4. Mailed to other individuals, boards or agencies as deemed advisable by the Board.
J. If the Board has requested a review of special permit applications by other boards or agencies, these boards or agencies shall make recommendations if so desired, and send them to the Board within 35 days after they receive the application. Failure of a board or agency to report within the 35 days shall be deemed no opposition.
K. It is recommended that every applicant appear at the hearing prepared to substantiate the following propositions:
1. That the proposed use will be in harmony with the general purpose and intent of the Zoning By-Law;
2. That the specific site is an appropriate location for such use.
3. That the specific site has adequate public sewerage and water facilities or suitable soil for on-lot sewerage and water systems;
4. That the proposed use as developed will not adversely affect the neighborhood;
5. That there will not be a nuisance or serious hazard to vehicles or pedestrians presented or caused by the proposed use; and
6. That adequate and appropriate facilities will be provided for the proposed use.
L. An applicant may appear at the hearing on his own behalf or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of an applicant, the Board may decide on the matter using the information it otherwise receives at the hearing.
M. Within 90 days following the date of the public hearing, the Board shall take final action. If this Board fails to take final action within the 90-day limit, the special permit shall be deemed granted.
Note: The issuance of a special permit requires a two-thirds vote of the Board if it has more than 5 duly qualified members, a vote of at least 4 members of a 5-member board, and a unanimous vote of a 3-member board. These voting requirements apply to absolute Board membership as opposed to quorums present from time to time.
N. Before granting a special permit, the Board shall find that the proposed use or activity is in compliance with all provisions and requirements of the Zoning By-Law, and in harmony with its general purpose and intent.
O. Special permits may be issued subject to such conditions, safeguards, or limitations on time or use as the Board may impose for the protection of neighboring uses or otherwise serving the purposes of the By-Laws Such conditions, safeguards and limitations shall be imposed in writing.
P. The Board shall keep detailed records of its proceedings, which will indicate:
1. The vote of each member upon each question, including whether the member was absent or failed to vote;
2. The reason or reasons for the Board decision; and
3. The official action taken.
Q. Upon the granting of a special permit, the Board shall:
1. File a copy of its decision substantially in the form of Exhibit III together with the record of its proceedings and plans, if any, substantially in the form of Exhibit IV with its Clerk and the Town Clerk;
2. Mail a certified copy of its decision to the owner and to the applicant if other than the owner; and
3. Send a notice of the decision to the "parties in interest" and to persons who requested a notice at the public hearing.
R. A special permit shall not take effect until:
1. The Town Clerk certifies, on a copy of the decision issued by the Board, to the owner that 20 days have elapsed without filing of an appeal or that any appeal filed has been dismissed and denied; and
2. The certified copy of the decision has been recorded at the owner's expense in the Essex South Registry of Deeds, indexed in the Grantor Index under the name of the record owner, and noted on the owner's certificate of title, if any.
S. If an application is unfavorably acted upon, the applicant may not reapply within 2 years except by:
1. First requesting the Board's consent to such action;
2. Having the Board, before voting on whether to give such consent, notify all "parties in interest" of the time and place when the question of such consent will be considered;
3. Having the Board (by the majority described in Paragraph M) make findings of specific and material changes in the conditions upon which previous unfavorable action was based, describing such changes in the record of its proceedings; and
4. Receiving the consent of all or all but one of the members of the Board.
T. Any application for special permit may be withdrawn without prejudice by notice in writing to the Board prior to the publication of the first public hearing notice. Once the notice has been published, a withdrawal without prejudice may only be with the approval of the Board. If an application is withdrawn, the filing fee shall be forfeited.
U. These rules and regulations may be amended, revised or repealed from time to time by a majority vote of the Board. Any such amendment, revision or repeal shall become effective upon filing with the Town Clerk.
V. Any advice, opinion or information given to an applicant by any Board member or any official employee of the Town of Essex shall not be binding on the Board.
EXHIBIT I
APPLICATION TO PLANNING BOARD FOR SPECIAL PERMIT
(G. L., Ch. 40A, Sec.9)
1. Name and address of each applicant is as follows:
Name: Address:
Name: Address:
Name: Address:
2. The undersigned is - the owner of - the holder of a
written option to purchase - (strike in applicable phrase) the
land or building situated at Street and No.
, located on the side of
N., S., E., W.
, feet from the
(Street and Number)
intersection of .
(Street or Streets)
3. The record title to said land which is the subject of this application stands in the name(s) of
whose address is
by a deed duly recorded in the Essex County--South Registry of Deeds in Book
Page , or registered in the Southern Registry District of Land Court, Certificate No. ,
Book , Page .
4. State briefly what is on the premises.
5. Describe proposed use or activity requiring a special permit (include documentation of proposed construction required pursuant to the Rules and Regulations Relating to Special Permits).
6. Attach list of "parties of interest" as required by the Rules and Regulations Relating to Special Permits.
7. The undersigned submits under oath the information and representations contained in all statements made herein for consideration by the Planning Board in its determination of this application.
8. The name and mailing address of each attorney, agent or other representative of the undersigned are as follows:
Name: Address:
Name: Address:
Name: Address:
I/We hereby request a hearing before the Planning Board acting as Special Permit Granting Authority.
Signed this day of , 19
THE COMMONWEALTH OF MASSACHUSETTS
, ss. , 19
Then personally appeared the above-named
and made oath and said that the foregoing statements and representations contained in the appeal, application or petition herein and attachments hereto, are true and accurate to the best of his/her/their knowledge, information and belief, before me.
Notary Public
My commission expires:
Received from the applicant, the sum of $
to cover public hearing notices and mailing.
Town Clerk
Date
EXHIBIT II
TOWN OF ESSEX
MASSACHUSETTS
PLANNING BOARD
ACTING AS SPECIAL PERMIT GRANTING AUTHORITY
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Essex Planning
Board will hold a public hearing on
at the Essex Town Hall
(date & time)
on the application by
for a special permit under Section
of the Zoning By-Law .
(Describe the subject matter of the hearing)
(Identify the location of the area or premises)
Clerk Assistant Clerk
Essex Planning Board
EXHIBIT III
TOWN OF ESSEX
MASSACHUSETTS
Planning Board
Acting as Special Permit Granting Authority
Case No.
Date:
DECISION ON SPECIAL PERMIT OR ANY EXTENSION,
MODIFICATION OR RENEWAL OF SPECIAL PERMIT
TO:
(Name and Address of Owner)
Affecting the rights of the owner with respect to the
use of premises on
(Identify Land Affected)
The record title standing in the name of
(Name and Address)
by a deed duly received in the District
Registry of Deeds in Book Page
Notice is hereby given that following the public hearing
on on the application in this case so as to
(date)
permit
The Board, at its meeting on
(date)
VOTED TO GRANT the application under Section of
the Zoning By-Law based on findings as detailed in the
Record of Proceedings, subject to the following
conditions, safeguards and limitations on use or time,
if any:
VOTED TO DENY the application.
This is to certify that the above action was taken
in compliance with the statutory requirements as
set forth in Chapter 40A of the General Laws, and
that copies of this decision with the Record of
Proceedings and plans referred to in the decision,
if any, were filed with the Town Clerk and the
Planning Board on .
Any appeal from this decision can be made only to
the Court and must be made pursuant to Section 17,
Chapter 40G (G.L.) as amended, and must be filed
within 20 days after the date of filing of this
decision with the Town Clerk.
Essex Planning Board Acting as
Special Permit Granting Authority
Clerk
CERTIFICATE BY THE TOWN CLERK FOR FILING OF THE
DECISION IN THE REGISTRY
This is to certify that twenty (20) days have
elapsed since filing of the above decision with
this office and no appeal has been filed, or an
appeal has been filed and denied in the case.
Signature and Seal of the Town Clerk
EXHIBIT IV
TOWN OF ESSEX , MASSACHUSETTS
Planning Board Acting
As Special Permit Granting Authority
Application No.
Date:
RECORD OF PROCEEDINGS
ON APPLICATION FOR A SPECIAL PERMIT
(Copies of this Record of Proceedings with all
attachments, and plans referred to in the
decision, if any, must be filed with the Town
Clerk and Planning Board).
I, , Clerk of the
Board, hereby certify that the following is a
detailed record of all its proceedings relative to
the application of
(Name and address of Applicant)
for a special permit under Section of the
Zoning By-Law. The Applicant desires to
The premises affected are located at
being in a Zoning District in which the
above-mentioned use requires a special permit.
1. On an application of which a
(date)
true copy marked "A" is made a part of this
record, was presented to the Board.
2. A notice of public hearing, a true copy of
which marked "B" is made a part of this record,
was published, posted and mailed to the "Parties
in Interest" as indicated below:
a. Published in The Gloucester Times a
newspaper of general circulation in the town on
and on ;
(date) (date)
b. Posted in a conspicuous place in the town
hall on ;
(date)
(Not less than 14 days before the day of the
hearing.)
c. Mailed on postpaid to the
(date)
applicant, abutters and owners of land within 300
feet of the property line as named in the
certificate from the assessors, a true copy of
which marked "C" is made a part of this record,
and to the Planning Board, Board of Selectmen,
Building Inspector and the Planning Board of every
abutting municipality.
3. On , a hearing was held at
at which opportunity was given to all those
interested to be heard in favor or opposition to
said application. The following evidence was
presented at the hearing:
Members Present:
4. Following the hearing, the Board made the
following specific findings regarding the land in
question and the proposed use:
*Note: Restatement of mandatory provisions and
requirements are not to be taken as
findings.
5. The Board voted at its meeting on as
detailed below, to (date)
DENY the application based on findings as recorded
under item 4 herein.
GRANT the application subject to the following
conditions, safeguards and limitations on time or use
if any.
*Note: Show the vote of each member upon each
question, or if absent or failing to vote
indicate such fact, and set forth clearly
the reason or reasons for its decision, and
of its other official actions.
Members Present:
Essex Planning Board Acting As
Special Permit Granting Authority
Clerk
APPENDIX CALCOHOLIC BEVERAGE LICENSING
C-1 RULES AND REGULATIONS ADOPTED.
The following rules and regulations have been adopted by the licensing board of the town and apply to all licensees licensed by this board and are in addition to all applicable laws of the Commonwealth of Massachusetts.
C-2 HOURS.
C-2.1 RESTAURANTS, HOTELS, CLUBS AND TAVERNS. The hours for the sale, serving and dispensing of alcoholic beverages, except as otherwise provided shall be:
a. Weekdays, 8:00 a.m. to 12:45 a.m.
b. Sunday, except taverns, 11:00 a.m. to 12:45 a.m.
c. Memorial Day and Christmas, 11:00 a.m. to 12:45 a.m.
d. All other holidays, 8:00 a.m. to 12:45 a.m.
C-2.2 PACKAGE STORES. The hours for the sale of alcoholic beverages except as otherwise provided shall be:
a. Weekdays only, 8:00 a.m. to 11:00 p.m.
b. Memorial Day, Thanksgiving Day and Christmas Day, closed.
c. All other holidays, 12 noon to 11:00 p.m.
d. Day preceding holiday, except Sunday, 8:00 a.m. to 11:00 p.m.
C-2.3 CLOSING. Restaurants, clubs, taverns and the bars and dining facilities of hotels shall be closed and all customers shall be off the premises and the premises locked and all principal lights extinguished within 15 minutes after the hours designated above for the ending of sale, serving and dispensing of alcoholic beverages, and shall remain so closed until 5:00 a.m. or later, but no alcoholic beverage shall be sold, served or dispensed until the next authorized hour.
Package stores shall remain closed with principal lights extinguished during the hours not authorized for the sale of alcoholic beverages.
C-3 REGULATIONS.
C-3.1 LICENSED PREMISES. Alcoholic beverage licensees shall abide by the following regulations:
a. Alcoholic beverage licensees or managers who may be incapacitated by illness or who may desire to be absent from the usual places of business for a period exceeding five days shall provide a suitable replacement who must be approved by the licensing board.
b. No licensee shall permit any disorder, disturbance or illegality of any kind in the licensed premises.
c. Card playing shall be prohibited in any room where alcoholic beverages are sold or served.
d. No booth, stalls or enclosures of any description shall be permitted which prevent the persons therein from being plainly observed by other persons on the premises.
e. Premises shall at all times be kept clean, neat and sanitary.
f. All licenses issued by the board shall be conspicuously posted on the premises so as to be easily seen and read.
g. Applicants for automatic amusement devices shall furnish proof of approval by the State Division of Public Safety with applications for each device.
h. Card playing may be allowed under the following conditions as determined by the Essex Licensing Board, upon written application by an establishment giving all pertinent information, dates, and times. Approval or disapproval will be at the discretion of the Board.
1. Issuance to be limited to 1 permit per application period per establishment. No more than 3 permits per year per establishment shall be allowed.
2. The duration of the event shall be established when making application.
3. Only 1 day/night per week of card playing per license holding establishment.
4. The hours which the event shall take place must be established when making application.
5. Other conditions may be imposed by the Licensing Board.
C-3.2 UNLICENSED PREMISES. Restaurants and hotels or any other establishment not licensed to sell alcoholic beverages are forbidden to furnish so-called "set-ups" to customers or to encourage customers to supply their own alcoholic beverages to be consumed on the premises.
C-4 INSPECTIONS.
All premises licensed by the board shall be subject at all times to inspection by the members of the licensing board and its authorized agents, to ascertain the manner in which the licensee conducts his business. The licensing board shall authorize the chief of police, his patrolmen, any member of the board or its authorizing agent, to enter the premises licensed by the board to ascertain the manner in which the licensee conducts his business.
All authorized federal, state or town officials shall be permitted to enter the premises licensed by the board to perform any function within the scope of their authority.
C-5 SUSPENSION OF LICENSES.
An alcoholic beverage license is subject to suspension or revocation for breach of its conditions or any law or regulation.
APPENDIX D
CLAMMING, SEA WORMS AND EEL REGULATIONS
D-1 CLAMMING.
Annual license - April 1 to March 31 $300.00
Student License - April 1 to March 31 $150.00
Free license to Essex residents over age 65
April 1 to March 31
D-1.2 COMMERCIAL CLAM LICENSE - PROCEDURE
a. All applications for commercial clam licenses must be received by 9:00 p.m. on the first Monday in March of each year. All licenses applied for must be picked up and the appropriate fee paid for by 9:00 p.m. on the first Monday in April of each year. Student licenses will be issued to applicants who meet the criteria as outlined by the State for seasonal lobster permits, specifically that 1) students must submit proof of student status (a school transcript showing a full course load); 2) proof of age, and 3) parental consent if under the age of 17. Residents over the age of 65 will be given a free license upon the filing of an application for same with an open enrollment option.
Any person obtaining a commercial clam license must show a valid Commonwealth of Massachusetts Commercial Fisherman's Permit.
b. A native born or naturalized citizen who has been a resident* of the town for one consecutive year, immediately prior to January 1 of the year for which an application is made, may be granted a commercial permit to take or dig clams from the flats within the limits of the town for a period of not more than one year. If a person who has resided in the Town of Essex and has held an Essex Commercial Shellfish License changes his/her permanent residence to that of the Town of Ipswich or to the City of Gloucester, he/she may apply, for the full annual fee, for an interim resident commercial license, the term of which shall expire upon said person's having obtained one year residence in the Town of Ipswich or the City of Gloucester, It shall be the responsibility of the applicant to notify
the clerks of both municipalities of his/her intended change of residence. All existing Clam Regulations remain in effect.
* "Resident" for purposes of issuing a commercial license or permit is
a person who maintains a permanent place of abode in the Town of Essex
and who resides in that place of abode more than 183 days of the
calendar year.
D-1.3 PERMITS FOR FAMILY USE
a. Any inhabitant of the Commonwealth of Massachusetts may be granted a permit to take or dig clams for family use, but only in an amount not to exceed one peck of two inch minimum size clams per day, but not to take or dig daily the peck of clams for more than four days in any one week, beginning with a Sunday.
b. Summer residents of the town shall be regarded as inhabitants of the Commonwealth and residents of the Town of Essex for the purpose of issuing permits for family use.
c. Fees
Residents only - May 1 to April 30 $15/yr
One-day permit - Non-resident $7/day
Annual permit - Non- resident
May 1 to April 30 $75/yr
D-1.4 DIGGING REGULATIONS. No clams less than two inches in length in the shell, shall be dug or taken from the clam flats within the limits of the Town by the holder of any kind of permit or license.
Clams shall be dug only by a so-called "clam fork" or by an implement which is especially approved by the Board of Selectmen.
No digging shall be allowed from 1/2 hours after sunset to 1/2 hours before sunrise.
The quantity of clams which may be dug and removed by a licensee or permit holder shall be as follows:
a. Commercial License 180 pounds per tide*
b. Resident Annual Permit 15 pounds (1 peck) per day for
not more than 4 days per week.
c. Non Resident Annual Permit 15 pounds (1 peck) per day for
not more than 4 days per week.
d. Non Resident One-day Permit 15 pounds (1 peck).
* For the first three days that the flats are open after a rain closure mandated by the Division of Marine Fisheries the limit is increased to 240 pounds.
The quantity of clams in the possession of a licensee or permit holder while on the clam flats and up until the point of landing shall not exceed the limits established.
Clams shall be dug only by a so-called "clam fork" or by an implement which is especially approved by the Board of Selectmen. The quantity of clams which may be dug and removed by any permit holder shall not exceed any limit set forth by the Board of Selectmen. No digging shall be allowed from 1/2 hour after sunset to 1/2 hour before sunrise.
D-1.5 CLOSING OF CLAM FLATS. The Selectmen, from time to time, whenever in their opinion circumstances warrant, may close the flats or any portion thereof to the digging or taking of clams within the town flats.
D-1.6 SUSPENSION OR REVOCATION OF PERMITS. Permits for either commercial purposes or for family use shall be suspended or revoked by the Board of Selectmen after court conviction in accordance with Chapter 130, Section 2 of the Massachusetts General Laws.
D-1.7 PENALTIES. All persons over 12 years of age apprehended for digging clams without a permit shall be punished in accordance with the penalties outlined in this sub-section. As specified in Chapter 130, Section 2 of the General Laws, as amended, upon a court conviction for the violation of any law, permits shall be revoked as follows:
a. First offense: one month
b. Second offense three months
c. Any subsequent offense one year
In addition, the violation of any rules and regulations in the town shall be punishable by a fine of not less than $10.00, nor more than $50.00 or by imprisonment of not more than one month, or both.
D-2 SEA WORMS
D-2.1 PERMIT REQUIRED. No person shall dig or take sea worms from the flats within the limits of the town without first having obtained a permit from the Board of Selectmen to do so. As used in these regulations, for purposes of granting permits only, the term "Board of Selectmen" shall include any agent designated by them. Applicants for all licenses shall file a statement of eligibility showing residency if requested by the Board of Selectmen.
D-2.2 PERMITS. Permits for sea worms may be issued to the following:
a. A native born or naturalized citizen who has been a resident* of the town for one consecutive year, immediately prior to January 1 of the year for which an application is made, may be granted a commercial permit to take or dig sea worms from the flats within the limits of the town, for a period of not more than one year.
b. Any resident of the Town of Essex may be granted a permit to take or dig sea worms for family use, but only in an amount not to exceed one pint per day.
c. Summer resident of the town shall be regarded as residents of the Town of Essex for the purpose of issuing permits for family use.
d. Residents over 65 years of age shall be granted free permits.
* "Resident" for purposes of issuing a commercial license or permit is a person who maintains a permanent place of abode more than 183 days of the calender year.
D-2.3 PERMIT FEE SCHEDULE.
a. Commercial $15/yr
b. Family - Residents Only $5/yr
D-2.4 DIGGING REGULATIONS. The quantity of sea worms which may be dug and removed by any permit holder shall not exceed any limit set forth by the Board of Selectmen.
D-2.5 CLOSING OF FLATS. The Selectmen, from time to time, whenever in their opinion circumstances warrant, may close the flats or any portion thereof to the digging or taking of sea worms within the town flats.
D-2.6 SUSPENSION OR REVOCATION OF PERMITS. Permits for either commercial purposes or for family use shall be suspended or revoked by the Board of Selectmen after court conviction in accordance with Chapter 130, Section 2 of the Massachusetts General laws.
D-2.7 PENALTIES. All persons over 12 years of age apprehended digging sea worms without a permit shall be punished in accordance with the penalties outlined in this sub-section. As specified in Chapter 130, Section 2 of the General Laws, as amended, upon a court conviction for the violation of any law, permits shall be revoked as follows:
a. First offense one month
b. Second offense three months
c. Any subsequent offenses one year
In addition, the violation of any rules and regulations in the town shall be punishable by a fine of not less than $10.00 nor more than $50.00 or by imprisonment of not more than one month, or both.
D-3 EELS.
D-3.1 PERMIT REQUIRED. No person shall take eels from the waters within the limits of the town without first having obtained a permit from the Board of Selectmen to do so. As used in these regulations, for purposes of granting permits only, the term "Board of Selectmen" shall include any agent designated by them. Applicants for all licenses shall file a statement of eligibility showing residency if requested by the Board of Selectmen.
D-3.2 PERMITS. Permits for eels may be issued to the following:
a. Any inhabitant of the Town of Essex may be granted a permit to take eels but only in an amount not to exceed fifteen in one day.
b. Summer residents of the town shall be regarded as inhabitants of the Town of Essex for the purpose of issuing permits.
c. Residents over 65 years of age shall be granted free permits.
D-3.3 PERMIT FEE SCHEDULE.
A. All permits $1.00
D-3.4 FISHING REGULATIONS. No eels shall be taken under 16 inches long. There shall be no bobbing of eels. No person shall catch, take, or carry away any eels between one-half hour after sunset and one-half
hour before sunrise from any water, flats or creeks within the limits and bounds of the Town of Essex.
D-3.5 SUSPENSION OR REVOCATION OF PERMITS. Permits shall be
suspended or revoked by the Board of Selectmen after court conviction
in accordance with Chapter 130, Section 2 of the General Laws, as amended, upon a court conviction for the violation of any law, permits shall be revoked as follows:
a. First offense one month
b. Second offense three months
c. Any subsequent offenses one year
In addition, the violation of any rules and regulations in the town shall be punishable by a fine of not less than $10.00 nor more than $50.00 or by imprisonment of not more than one month, or both.
D-4.1 ENFORCEMENT. Violations of such of the foregoing By-Laws/Regulations in this Appendix D, and orders of the enforcement officer having responsibility for enforcement of such provisions, as are designated below may be enforced by Civil Infraction Procedures as set forth in c.90G and c. 40 sec. 21d and 2-21 of these By-Laws, and the assessment designated next to each provision listed below shall be assessed for such violations:
SECTION NUMBER OF OFFENSES/
ASSESSMENTS
Section D-1.1 thru D-1.7 (Clams)
|
First
$100 |
Second
$200 |
Third
$300 |
Section D-2 thru D-2.7 (Seaworms)
|
$50 |
$100 |
$300 |
Section D-3.1 thru D-3.5 (Eels)
|
$50 |
$100 |
$300 |
APPENDIX EACTS AND LAWS ACCEPTED BY THE TOWN OF ESSEX
5-28-1890 Acts of 1890 Chap. 347 Public Libraries
12-2-1899 Acts of 1897 Chap. 289 Protection of Game
3-4-12 Acts of 1911 Chap 314 & Chap.367 School Building &
Playgrounds
3-2-14 Acts of 1913 Chap. 807 Workmen's Compensation
3-2-14 Acts of 1913 Chap. 487 Call Men
3-2-14 Acts of 1908 Chap. 422 Distribution of Public
Documents
3-2-14 Acts of 1911 Chap. 494 Eight-hour day
4-1-18 Acts of 1915 Chap. 284, Sect.1 Election of Town Officers
11-19-19 Acts of 1919 Chap. 311 Continuation of Schools
3-5-23 MGL Chap. 41, Sect.97 Organization of
Police Dept.
10-14-25 MGL Chap. 130,Sect.84 Eel Fisheries
7-13-34 Acts of 1934 Chap. 261 Water
3-7-38 Acts of 1937 Chap. 77, Absent Voting
Sect. 103A
3-4-46 Acts of 1945 Chap. 723,Sect.1 Veterans' Services
3-4-46 MGL Chap. 143, Dangerous
Sect. 6-12 Buildings
7-6-49 MGL Chap. 40, Sect.42A, Water Liens
42B-42F
3-5-53 MGL Chap. 40, Sect.13B Financial Assistance to
Resident Physician
3-29-54 MGL Chap. 41, Planning Board
Sect. 81A-81GG
7-31-56 Acts of 1956 Chap. 531 Secret Ballot (Rescinded
on Buildings 5/6/96)
11-14-56 Acts of 1955 Chap. 670 Essex County Pensions
3-6-61 MGL Chap. 136,Sect.4B Sunday Bowling
3-6-61 Acts of 1960 Chap. 647 Pensions
3-4-63 MGL Chap. 41, Selectmen as
Sect. 45A Trust Commissioners
3-4-63 MGL Chap. 139, Dangerous
Sect. 1,2, & 3 Buildings
3-2-64 MGL Chap. 40,Sect.8C Conservation Commission
3-7-66 Acts of 1965 Chap. 679 Highways
3-13-67 MGL Chap. 32B Life & Health
(See 3/2/70) Insurance
3-4-68 MGL Chap. 40, Sect.5B Stabilization Fund
3-4-68 Acts of 1967 Chap. 616 Highways
3-3-69 MGL Chap. 54, Sect.16A Poll Officer
3-2-70 Acts of 1969 Chap. 768,S,4 Highways
3-9-70 MGL Chap. 32B,s,9A Life & Health Insurance
3-1-71 MGL Chap. 41,s,100F Indemnifying Harbormaster
12-8-71 MGL Chap. 41,s.100E Indemnifying School
Committee
3-6-72 MGL Chap. 40,s.8E Youth Commission
3-11-72 Acts of 1971 Chap. 486 Beano
3-5-73 MGL Chap. 90,s.20C Parking
6-4-73 Acts of 1973 Chap. 501 Dept. of Public Works
3-4-74 MGL Chap. 41,s.97A Police Dept.
10-23-74 MGL Chap. 40,s.8A Development &
Industrial Comm.
5-5-75 MGL Chap. 40,s.8D Historical Commission
6-30-75 MGL Chap. 130,s.8A Police as Natural Resource Officers
9-27-76 MGL Chap. 138,s.33 Alcoholic Beverages
3-16-77 MGL Chap. 40,s.22D Towing of Parked Cars
5-1-78 MGL Chap. 71,s.71E Adult Education funds
6-12-78 MGL Chap. 130,s.94 Alewives
5-7-79 MGL Chap. 258,s.9 Indemnifying Town Officers
5-5-80 MGL Chap. 258,s.13 Indemnifying Town Officers
9-8-80 Acts of 1980 Chap. 416,s.2 Qualifications of Assessors
12-8-80 MGL Chap. 128,s.2B Riding Schools & Stables
5-4-81 MGL Chap. 40,s.13 Municipal Building
Insurance Fund
5-3-82 MGL Chap. 90,s,20A1/2 Parking Fees
5-3-82 MGL Chap. 148,s.26C Smoke Detectors
Chap. 148,s.26E
5-7-84 MGL Chap. 43,s.71F Non-resident Tuition
5-6-85 MGL Chap. 59,s.5, Abatements
Clause 17C, 41B,
37A
5-6-85 MGL Chap. 41,s.69B Water Surplus
10-21-85 MGL Chap. 71,s.40 Teachers' Salaries
3-3-86 MGL Chap. 40,s.4G Bid Limit-
Collaborative
5-5-86 MGL Chap. 64G,s.3A Room Occupancy Excise
5-27-86 MGL Chap. 32B,s.16 Health Insurance
9-8-86 MGL Chap. 148,s.26G Sprinkler Systems
3-2-87 MGL Chap. 41a.108L Education
Acts of 1970 Chap. 835 Incentive
5-4-87 MGL Chap. 148,s.26H Sprinkler Systems
5-7-90 MGL Chap. 140,s.147A Dog Licensing
5-6-91 MGL Chap. 6A et al Enhanced
Acts of 1991 Chap, 291 911
5-4-92 MGL Chap. 41, s. 38A Town Collector
5-3-93 MGL Chap. 32B, s.18 Health Insurance
5/11/94 MGL Chap. 40, s.21D Non-Criminal Disposition
10-24-94 MGL Chap. 44, s. 53D Recreation & Park Fund
5/2/95 MGL Chap. 40, s. 42G-I Water Pipes
11/20/95 Acts of 1989 Chap. 653, s.41 Quarterly Tax Bills
5/6/96 MGL Chap. 80, s.13B Deferral of Betterment
Assessments
5/6/96 Rescind Acts
of 1956 Chap. 531 Secret Ballot for certain
appropriations - Rescinded
5/5/97 MGL Chap. 40, s.42K Water Improvement
Betterments
APPENDIX F
DUMP REGULATIONS
1. ACCESS: No individual or business shall be entitled to a dump sticker, which is required for access to the Essex Town Dump, unless the individual or business shall be a bona fide resident of the Town, unless otherwise given written permission by the Board of Commissioners, Department of Public Works.
2. EXEMPTION: These rules and regulations shall not apply to officers and employees of the Town of Essex when acting in the scope of their employment nor to agents and contractors of the Town acting with prior written permission of the Board of Public Works.
3. HOURS OF OPERATION: The disposal site will be operated according to the following schedule:
Monday, Wednesday,
Friday and Saturday 8:00 AM to 4:00 PM
Tuesday, Thursday,
Sunday and Holidays Closed all day.
4. REFUSE:
a. No individual, business or commercial rubbish collectors or disposal contractors shall be permitted to dump, place or deposit any trash, rubbish, refuse or demolition materials in the Essex Town Dump which has been brought, transported, collected or originated from anywhere outside of the Town of Essex.
b. Household trash may be disposed of at the site.
c. A resident may dispose of building and demolition materials provided that all such material has been removed by the resident from his or her residence in the Town of Essex and is cut into lengths of no longer than three (3) feet.
d. Disposal of building and demolition materials by all others is prohibited except as noted above under #2 EXEMPTIONS.
e. Disposal of stumps is prohibited; disposal of wood over five (5) inches in diameter and three (3) feet in length is prohibited; all brush must be chipped.
f. Motor vehicles, truck chassis, boats and other large and inappropriate refuse shall not be disposed of on the site.
g. It shall be the burden of each person entering the disposal site to establish to the satisfaction of the attendant that his or her refuse may be disposed of under these rules and regulations. The attendant may deny access to anyone who does not satisfy him that he or she is a proper person to be admitted or that the refuse may be properly disposed of within these rules and regulations.
5. LIABILITY: Entry upon and all travel within the disposal site is exclusively at the risk of the individual. Neither the Town nor its agents, servants or employees shall be liable for injury to person or property occurring on the disposal site.
6. FIREARMS: Discharge of firearms is prohibited within the limits of the landfill area.
7. VIOLATIONS: Any individual, business or commercial rubbish collector or disposal contractor violating any of the above rules and regulations will be refused access to the landfill until such time as they have appeared before the D.P.W. Commissioners and satisfied them that they will abide by the above regulations.
8. USER FEES FOR COMMERCIAL REFUSE:
TRANSFER STATION RATE SCHEDULE
Packer Trucks $1,250 Load - 10 wheeler
$675 Load - 6 wheeler
Load of Clam Shells
1. Truck 10,000-32,000 GVW $500 load
2. Pick-up truck-up to 9,999 GVW 300 load
General Rubbish (Cardboard, etc. $150 load
for commercial)
Building Materials (shingles, plaster
and wood)
1. Pick-ups and vans not over 9,999 GVW $150 load
2. Trucks 10,000-32,000 GVW 500 load
USER FEE FOR RESIDENTS: There will be an annual fee of $10.00 for Town Transfer Stickers.
APPENDIX GCENTENNIAL GROVE REGULATIONS
G-1. GENERAL REGULATIONS. G-1.1 No cooking on the beach.
G-1.2 Cooking will be done only on charcoal grills or hibachi stoves in designated areas.
G-1.3 Parking in designated areas only.
G-1.4 Parking sticker necessary.
G-1.5 No boats in swimming area.
G-1.6 The gate will be closed and locked at 10:00 PM.
G-1.7 No dogs beyond parking area.
G-2. GROUP USE RULES.
G-2.1 Only Essex Groups and Organizations will be granted licenses.
G-2.2 No liquor sales without a license.
G-2.3 Refundable deposits against the costs of clean-up shall be required as follows:
$25.00 for groups 75 to 150.
$50.00 for groups over 150.
G-2.4 Applications to be filed 2 weeks before date of use at Selectmen's Office, Town Hall.
APPENDIX H
ELECTRICAL PERMIT REGULATIONS & FEES
H-1 PERMIT REQUIRED.
Only licensed electricians may install wiring for hire, and they must obtain a permit before commencing work. Property owners doing work on their own property may notify the electrical inspector or Selectman's clerk by telephone that they are doing work, giving a date on which the electrical inspector can make his first inspection. An inspection must be made before any wiring is covered by interior sheathing, plastering, or lathing.
H-2 APPLICATIONS FOR ELECTRICAL PERMITS.
Application forms are available at the selectmen's office or from the electrical inspector. The electrical inspector will bring the forms with him to the first inspection of work being done by a property owner, or the owner can fill them out at the town hall.
H-3 INSPECTIONS.
The inspector has 48 hours to make an inspection after notification from the applicant that the applicant is ready for the inspection.
H-4 FEES. See Fee Schedule - Page 205
APPENDIX I
BUILDING PERMIT REGULATIONS & FEES
I-1 PERMIT REQUIRED.
No building or structure shall be erected, added to, moved, or structurally altered without a permit from the building inspector posted on the site. No building permit shall be issued until the Planning Board shall have approved the site plans showing the buildings to be placed thereon and the proposed use therefor or until a variance or special permit has been issued if one is made necessary
by the zoning bylaws.
I-2 APPLICATIONS FOR BUILDING PERMITS.
Applications are submitted to the Building Inspector on forms which are available either from the Building Inspector or from the Selectmen's Office. All applications for building permits shall be accompanied by two (2) copies of a site plan drawn to a suitable scale and containing the following information:
a. Name and address of owner and applicant.
b. Date.
c. Graphic scale and north arrow.
d. The actual shape, size, height, and location of any building to
be erected, altered, or removed.
e. The actual size and location of yards and buildings already existing.
f. Required off-street parking and loading space existing or proposed.
g. Every application shall be signed by the owner or leasee of the land.
h. If a variance is required, it must have been filed at the Registry of Deeds and a receipt returned with the building permit applications. (Driveway permits must be obtained from the Department of Public Works.)
The Building Inspector may waive the submission of any information he judges to be unnecessary or request such additional information as he may deem required to determine whether provisions of the Town bylaws or State building code are to be met.
I-3 FEES. See schedule - Page 205
APPENDIX J
BOARD OF APPEALS RULES
E-1 VARIANCES.
E-1.1 PETITIONS. A petition for a variance must be filed with the Town Clerk, who will transmit it to the Appeals Board. The prescribed forms are available at the Town Clerk's office or from the secretaries of the Planning Board or Appeals Board.
E-1.2 HEARINGS. The Appeals Board will set a date for a public hearing which will be within 65 days of the date of receipt by the Appeals Board from the Town Clerk.
E-1.3 NOTIFICATION AND PUBLICATION. The Appeals Board clerk will notify abutters and prepare and publish the legal notices required. The hearing must be advertised two successive weeks, the last notice of which must be at least two weeks prior to the hearing. The hearing cannot be held until at least three weeks after notification by mail to the abutters.
E-1.4 COSTS. Any costs of notification and publication must be paid for by the applicant prior to the rendering of a decision by the Appeals Board.
E-1.5 NOTICE OF DECISION. The Board of Appeals has 75 days from the time the petition is filed with the Town Clerk to render a decision.
E-1.6 EFFECTIVE DATE OF VARIANCE. No variance can take effect until the applicant records in the Registry of Deeds a copy of the Appeals Board's decision bearing the certification that twenty days have elapsed and no appeal has been filed or that if such appeal has been filed, that it has been dismissed or denied.
E-1.7 RECOMMENDATION BY THE PLANNING BOARD. A recommendation from the Planning Board is not mandatory but is usually requested by the Appeals Board. It will be the responsibility of the applicant to acquaint the Planning Board with the details of his request.
E-2 APPEALS.
E-2.1 NOTICE OF APPEAL. A notice of appeal by a person aggrieved by any decision of the Planning Board, Building Inspector, or Board of Selectmen in regard to the Zoning Bylaw must be submitted to the Town Clerk within 30 days from the date of the order or decision which is being appealed. The prescribed forms are available at the Town Clerk's office or from the secretary of the Appeals Board.
E-2.2 HEARINGS. The Appeals Board will set a date for a public hearing which will be within 65 days of the date of receipt by the Appeals Board from the Town Clerk.
E-2.3 NOTIFICATION AND PUBLICATION. The Appeals Board clerk will cause notice of such hearing to be published and notify abutters. The hearing must be advertised two successive weeks, the last notice of which must be at least two weeks prior to the hearing. The hearing cannot be held until at least three weeks after notification by mail to the abutters.
E-2.4 COSTS. Any costs of notification and publication must be paid for by the applicant prior to the rendering of a decision by the Appeals Board.
E-2.5 NOTICE OF DECISION. The Board of Appeals has 75 days from the time the petition is filed with the Town Clerk to render a decision.
Notes:
a. The Board of Appeals meets as required rather than at regularly scheduled meetings.
b. The bulk of the laws that the Appeals Board operates under are contained in Chapter 40A, Sections 8, 10, 11, 12, 14, 15, 16, 17 of the State Laws and Chapter VI, Section 8 of the Town's Zoning Bylaws.
APPENDIX K
PEDDLERS, HAWKERS AND VENDORS
K-1 PEDDLERS, HAWKERS, AND VENDORS.
K-1 PEDDLERS, HAWKERS, AND VENDERS. The Licensing Board will consider applications for such licenses upon proof by the applicant that they comply with all of the provisions of Massachusetts General Laws Chap. 101, Sect. 5, and provided that the Licensing Board may use their discretion to restrict such licenses upon considering the effect of any granting thereof upon the health, safety, and welfare of the community. Applicants for licenses to peddle frozen desserts from a motor vehicle, in addition to the foregoing, will further be required to show proof of compliance with Massachusetts General Laws, Chap. 101, Sect. 16A.
| 
