Article V
Health and Safety
No person shall drink any alcoholic beverages as defined in Chapter 138, Section 1, of the Massachusetts General Laws while on, in or upon any public way or upon any way to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, park or playground, or private land or place without consent of the owner or person in control thereof. All alcoholic beverages being used in violation of this Bylaw shall be seized and safely held until final adjudication of the charge against the person or persons arrested or summoned before the court, at which time they shall be returned to the person entitled to lawful possession.
No person shall knowingly permit or suffer any water or other liquid to run or be discharged from any building owned by him, or under his control, so as to flow on any sidewalk, except that a person may wash windows with hose before the hour of 10:00 A.M. when the temperature is above the freezing point.
Section 3. Erection of Barriers
The owner of land which has been excavated shall erect barriers or take other suitable measures to avoid hazard to public safety. If within five days after such owner has been notified in writing by the Board of Selectmen that in their opinion the excavation constitutes a hazard to public safety the owner shall fail or refuse to erect barriers or take other suitable measures to avoid such hazard, the owner shall be punishable by a fine of not more than two hundred dollars for such violation.
4.1 Department of Civil Defense
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 Chapter 639, Section 1 of the 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.
4.2 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 by the Town Manager. The director shall have direct responsibility for the organization and for the administration of the department, subject to the direction and control of the Town Manager. The Director may, within the limits of the amount appropriated therefore, and subject to the approval of the Town Manager, appoint such experts, clerks and other assistants as the work of the department may require and may remove them, and may make such expenditures as may be necessary to execute effectively the purpose of Chapter 639 of the Acts of 1950.
The director shall also have authority, subject to the approval of the Town Manager, to appoint district co-ordinators and may accept and may receive, on behalf of the Town, services, equipment, supplies, materials or funds by way of gifts, 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.
4.3 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, and such other department heads and other persons as the Town Manager may deem necessary. Such member of said Council, as the Town Manager shall designate, shall serve as chairman of said Council. The Council shall serve subject to the direction and control of the Town Manager and shall advise the Town Manager and the Director on matters pertaining to civil defense.
4.4 Police Aid to Other Cities and Towns in Event of Riots or Other Violence Therein
The Police Department is 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.
4.5 Termination of Bylaw
This section containing the Civil Defense Bylaw shall remain in force during the effective period stated in Chapter 639, of the Acts of 1950 and any act in amendment or continuation thereof or substitution therefore.
4.6 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.
A. Definitions:
1. All Alcohol - Club: Any establishment holding a valid All Alcohol - Club License issued by the Framingham Board of Selectmen
2. All Alcohol - Innholder: Any establishment holding a valid All Alcohol - Innholder License issued by the Framingham Board of Selectmen
3. All Alcohol - Restaurant: Any establishment holding a valid All Alcohol - Restaurant License issued by the Framingham Board of Selectmen
4. All Alcohol - Veterans' Club: Any establishment holding a valid All Alcohol - Veterans' License issued by the Framingham Board of Selectmen
5. Board: The Board of Health of the Town of Framingham
6. Bar: An establishment holding a valid Liquor License, whose business is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.
7. Bar Area of a Restaurant: An area of a restaurant that is devoted to the serving of alcoholic beverages for consumption by guests or restaurant patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages.
8. Clubs: All Alcohol - Clubs and All Alcohol - Veterans' Clubs
9. Common Area: All areas of a restaurant or bar which do not constitute seating. Examples include, but are not limited to, entryways, waiting areas, hallways, restrooms and public telephone areas.
10. Liquor Licensee: Any establishment holding one of the following Licenses: All Alcohol - Innholder, All Alcohol - Restaurant, Malt Wine - General, and Malt Wine - Restaurant. For the purposes of this bylaw, establishments holding the following Licenses are not considered holders of Liquor Licenses: All Alcohol - Club, and All Alcohol - Veterans' Club.
11. Malt Wine - General: Any establishment holding a valid Malt Wine - General License issued by the Framingham Board of Selectmen
12. Malt Wine - Restaurant: Any establishment holding a valid Malt Wine - Restaurant License issued by the Framingham Board of Selectmen
13. Non-Bar Area: The area of a restaurant which is not considered a Bar Area.
14. Person: Any person, firm, partnership, association, corporation, company or organization of any kind including, but not limited to an owner, operator, manager, proprietor or person in charge of any building, establishment, business, or restaurant or retail store, or the agents or designees of any of the foregoing.
15. Restaurant: Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria and other eating establishment which gives or offers food for sale to the public, guests, or employees, as wells as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.
16. Seating Capacity: The capacity designated on the occupancy permit of a food service establishment.
17. Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other tobacco product in any form.
18. Town: The Town of Framingham
B. Posting Notice of Prohibition:
Every person having control of premises upon which smoking is prohibited by and under the authority of this bylaw shall conspicuously display upon the premises "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it).
No person shall remove a sign posted under the authority of this bylaw.
C. Limitations on Smoking:
1. Restaurants without a Liquor License - No person shall smoke nor shall any person, employee, or other person having control of the premises upon which smoking is prohibited by this regulation, or the agent or designee of such person, permit a person to smoke in a Restaurant without a Liquor License.
2. Restaurant with a Liquor License, but without a Bar Area - No person shall smoke nor shall any person, employee, or other person having control of the premises upon which smoking is prohibited by this regulation, or the agent or designee of such person, permit a person to smoke in a Restaurant with a Liquor License, but without a Bar Area.
3. Restaurants with a Liquor License and a Bar Area -
a. Non-Bar Area - No person shall smoke nor shall any person, employee, or other person having control of the premises upon which smoking is prohibited by this regulation, or the agent or designee of such person, permit a person to smoke in the Non-Bar Area of a Restaurant with a Bar Area.
b. Bar Area - Smoking is permitted in the Bar Area of a Restaurant, provided that the restaurant owner holds a valid liquor license and provided that:
i) the bar area shall not include any common area of the premises to which any patron seated in the non-smoking area may need access, including but not limited to waiting areas, restrooms, and access routes thereto;
ii) the perimeter of a bar area of a restaurant in which smoking is permitted shall be separated by a floor-to-ceiling physical barrier;
iii) the bar area of the restaurant shall be marked with signs that warn patrons of the dangers of exposure to secondhand smoke;
iv) the bar area of the restaurant shall not exceed twenty-five percent (25%) of the total combined seating capacity of the restaurant and bar area of the restaurant;
v) no person under the age of eighteen (18) years old is permitted to enter the bar area of the restaurant.
4. Bars - Smoking is permitted in Bars, provided that:
a. No person under the age of eighteen (18) years old is permitted to enter the bar.
b. Smoking is prohibited in all common areas.
c. Smoking sections do not exceed 50% of the total seating.
5. Clubs - Smoking is permitted in these establishments except when the establishment is open to the public. When the public is invited into these establishments, these establishments must abide by this bylaw to the same degree that they would have it if held any of the following licenses: All Alcohol - Innholder, All Alcohol - Restaurant, rather than an All Alcohol - Club or All Alcohol - Veterans' Club License.
D. Exception:
Private and public assembly rooms while these places are being used for private functions.
E. Violations:
1. Violations of Section B
Any person who violates Section B of this bylaw shall be subject to a fine of fifty dollars ($50) per offense.
2. Violations of Section C
a. As long as the requirements of Section B are met, any patron, guest, or visitor who violates Section C of this bylaw shall be subject to a fine of fifty dollars ($50.00) per offense.
b. Any person, employee, or other person having control of the premises upon which smoking is prohibited, who allows smoking to occur shall be subject to a fine in an amount of one hundred dollars ($100) for the first offense, two hundred dollars ($200) for a second offense and three hundred dollars ($300) for a third or subsequent offense. All violations will be written against the establishment.
F. Enforcement:
As an alternative to initiating criminal proceedings, violations of this regulation may be enforced in a manner provided in M.G.L. c. 40, Sect. 21D, by the Framingham Board of Health, its agents and the Framingham Police Department. Any fines imposed under the provisions of this regulation shall ensure to the Town of Framingham for such uses as the Town may direct.
Any citizen who desires to register a complaint under this regulation may request that the Board of Health initiate enforcement.
G. Conflict with Other Laws or Regulations:
Notwithstanding the provisions of the foregoing Paragraph C of this bylaw, nothing in this regulation shall be deemed to amend or repeal applicable fire, health or other laws so as to permit smoking in areas here it is prohibited by such fire, health or other laws.
H. Severability:
If any paragraph or provision of this regulation is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions being in force.
H. Effective Date:
This bylaw becomes effective as of January 2, 2000.
It shall be unlawful to obstruct or park a vehicle in any fire lane, such fire lane to be designated by the Board of Selectmen upon the recommendation of the Chief of the Fire Department and posted as such, said Fire Lane to be a distance of twelve (12) feet from the curbing of a sidewalk in a shopping center, bowling establishment, theater or similar locations. Where no sidewalk with curbing exists, the distance shall be eighteen (18) feet from the building.
No person shall tell fortunes for money unless a license therefore has been issued by the local licensing authority. The fee for each license granted under this section shall be $50.00 per year, commencing January 1 of each year.
No person other than an officer of the law acting in the performance of his legal duty shall enter upon the premises of any person with the intention of peeping into a dwelling or spying upon any person therein.
Section 9. Handicapped Parking
9.1 Designated parking spaces for vehicles owned and operated by disabled veterans or by disabled persons and bearing the distinctive number plates or placard authorized by Massachusetts General Law Chapter 90, Section 2, shall be provided in public and private off street parking areas.
9.1.1 Any person or body who has lawful control of a public or private way, or of improved or enclosed property used as off street parking areas for businesses, shopping, malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, or for any other place where the public has the right of access as invitees or licensees, shall reserve parking spaces in said off street parking areas for any vehicle owned and/or operated by a disabled veteran, or disabled person whose vehicle bears the distinguishing license plate or placard authorized by Chapter 90, Section 2 according to the following formula:
Total Spaces Required Handicapped Spaces
1-25 1 Space
26-50 2 Spaces
51-75 3 Spaces
76-100 4 Spaces
101-150 5 Spaces
151-200 6 Spaces
201-300 7 Spaces
301-400 8 Spaces
401-500 9 Spaces
501-1,000 2% of Total Spaces
1,001 and over 20 pus 1 for each 100 over 1000
Outpatient Medical Facilities: 10% of Total Spaces
Facilities specializing in the
treatment or services for people
with mobility impairments: 20% of Total Spaces
One in eight designated handicapped spaces but not less than one shall be van accessible.
Multiple dwellings, including residential condominiums, are subject to all provisions ofthe Architectural Access Board regulations. (521 CMR).
9.1.2 Each parking space designated as reserved under the provisions of subsection 9.1.1. shall be identified by the use of an above grade sign located at the head of each space and no more than ten feet away. Signs shall show the "International Symbol of Access" and the words "Handicapped Parking: Special Plate Required, Unauthorized Vehicles May Be Removed At Owners Expense" in white on a blue background. The bottom of the sign shall not be lower than 5 feet from the ground, the top of the sign shall not be more than 8 feet from the ground.
The spaces shall be as near as possible to a building entrance or walkway; shall be adjacent to curb ramps or other unobstructive methods permitting sidewalk access to a handicapped person, and shall be eight feet wide plus a 5 foot aisle with diagonal striping. Two accessible spaces may share a common access aisle.
Van accessible spaces shall be 8 feet wide with an isle 8 feet wide allowing a van to operate a lift. Each such space shall have a sign designating it van accessible. Alternatively, all spaces may be universal spaces, 11 feet wide with an access aisle 5 feet wide.
9.2 No person shall leave any unauthorized vehicle within parking spaces designated for use by disabled veterans or handicapped persons as authorized by Section 9. 1 hereof or in such a manner as to obstruct a curb ramp designated for use by handicapped persons as a means of egress to a street or public way.
Furthermore, any person or body who has lawful control of a public or private way or of improved or enclosed property used as off street parking for authorized vehicles bearing HP plates or placards shall be responsible for exercising reasonable care to see that the spaces and access ramps be kept clear of debris, refuse and shopping carts so the spaces are accessible and usable.
9.3 The penalty for violation of this Bylaw shall be as follows:
Violations of Section 9.1.1 and 9.1.2 shall be 10 dollars per day per violation after the person or body having lawful control of the ways or property has been given written notice and not less than 30 days to comply.
Violations of Section 9.2 shall be 50 dollars for each offense, and the vehicle may be removed according to the provisions of General Law Chapter 266, Section 120D.
9.4 Violations of Section 9.1.1 and 9.1.2 shall be enforced by the Building Commissioner. Violations of Section 9.2 shall be enforced by the Police Department.
9.5 Appeals may be made to the Board of Selectmen or its designees and shall be granted in accordance with Americans with Disabilities Act (ADA) and Mass. Architectural Access Board (AAB) regulations.
10.1 Definitions
Amphibious Animal - Animals capable of living either on land or in water.
Archery - Bow and Arrow - to include any type of bow and arrow, such as; long bow, compound bow, cross bow, recurve bow or bows drawn by mechanical means.
Birds - Wild or Undomesticated Birds.
Firearms - Firearm shall mean a pistol, revolver or other weapon of any description loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16" or 18" in the case of a shotgun as originally manufactured, and the term "length of barrel" shall mean that portion of a firearm, rifle, shotgun through which a shot or bullet is driven, guided, or stabilized, and shall include the chamber. A rifle is a weapon having a rifled bore with a barrel length equaled to or greater than 16", capable of discharging a shot or bullet for each pull of the trigger. A shotgun is a weapon having a smooth bore or a rifled bore with a barrel length equaled to or greater than 18" with an overall length to or greater than 26", capable of discharging a shot or bullet with each pull of the trigger.
Game - any wild bird, mammal, amphibian or reptile commonly hunted for food or sport.
Hunt - the verb "to hunt", in all of its moods and tenses, included pursuing, shooting by firearms or archery, killing and capturing mammals, birds, amphibious animals and reptiles and all lesser acts such as disturbing, harrying or worrying, or placing, setting, drawing or using any device commonly used to take mammals, birds, amphibious animals and reptiles whether or not such acts result in taking; and includes every attempt to take and every act of assistance to any other person in taking or attempting to take mammals, birds amphibious animals and reptiles.
Mammals - Wild or Undomesticated mammals.
Primitive Firearms (muzzle loading) - any firearm, rifle or shotgun with matchlock, flintlock, percussion cap or similar type of ignition system, such firearm, rifle or shotgun loads from the muzzle.
10.2 No person shall hunt within the limits of any highway, park or other property owned or controlled by the Town of Framingham, except with the consent of the Board of Selectmen and any other appropriate public authority; or on any private property, except with the written consent of the owner or legal occupant thereof, which consent shall be dated not more than one year prior to the act complained of.
10.3 No person shall fire or discharge any firearm or explosive of any kind within the limits of the Town of Framingham, except on a range or in an area designated for such purpose and approved by the Chief of police in writing, or with the written consent of the owner or legal occupant thereof, which written consent shall be dated not more than one year prior to the act complained of.
10.4 Nothing in this bylaw shall prohibit the protection of one's property or use of firearms by police or other law enforcement officers.
10.5 It shall be unlawful for any person to set, trigger, activate, or otherwise use, or cause to be set, triggered, activated or used, any type of steel-jaw or leghold trap including, but not limited to, padded or unpadded leghold traps of conibear or killer-type traps within the limits of any highway, park, or public property or on any private property in the Town of Framingham. Trapping on posted or unposted private property, with any type of trap not already prohibited by this section, shall only be permitted with a box-trap if written permission Is obtained from the owner or legal occupant or person having the right of control thereof.
10.6 A violation of this bylaw shall be punished by a fine not to exceed $300.
Section 11. Mechanical Protection Devices
It shall be unlawful to install a mechanical protection device that is automatically keyed to and/or activates the telephone numbers) lines controlled by and/or listed to the Framingham Fire Department; all such devices installed before the effective date of this section shall be removed within sixty days. Mechanical protection devices shall be devices defined as- An electrically operated instrument composed of sensory apparatus and related hardware which automatically sends over regular telephone lines, by direct connection or otherwise, a pre-recorded voice alarm upon receipt of a stimulus from the sensory apparatus that has detected a physical force or condition inherently characteristic of a fire or unauthorized intrusion.
12.1 All motor boats must (except when prevented by a narrow or other boats or passing under bridges or rounding sharp bends) keep one-hundred and fifty (150) feet distant from anchored or moored boats, piers, rafts, floats, a line of floats outlining swimming areas, skin divers flags, or the shore.
In all such cases the speed of such motor boats shall be reduced to headway speed, so as to provide full visibility and control, and prevent their wash from being thrown into, or causing excessive rocking to other boats, barges, aquaplanes, and other devices being towed by power. The operator of the towing boat shall be responsible for compliance therewith.
12.2 The use of powered craft generally described as a "JET SKI", "SURF JET", "WET BIKE" or otherwise described as a "PERSONAL WATERCRAFT" is prohibited except when used by Law Enforcement personnel in the course of their duties.
Any violation of Section 12.2 shall be punished by a fine of not more than $100 Dollars for each offense.
DEFINITIONS: Personal Water Craft - means a small vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by persons sitting, standing, or kneeling on the vessel. The term includes but is not limited to a jet ski, wet bike, or surfjet, so called.
13.1 No person shall sell any food at retail between the hours of 1:00 a.m. and 6:00 a.m. The term food as used in this Bylaw shall include any article or commodity, however stored or packaged, intended for human consumption, and shall include alcoholic beverages to be consumed off the premises at which they are sold, unless any other law or permit or license granted to the seller of such beverages shall otherwise provide.
This Bylaw shall not apply to the sale of food or alcoholic beverages to be consumed on the premises at which they are sold or to be consumed off the premises on which they are sold when such sale is by a licensed common victualer primarily engaged in the sale of food to be consumed on such premises.
Persons found guilty of violating this section shall pay a fine of $50.00. For purposes of this Bylaw, each separate sale shall be deemed a separate offense. In the event of a sale of several items or articles at one time to one customer, only one sale shall be deemed to have taken place.
13.2 No store or place of business engaged in the retail sale of food shall be open for the transaction of retail business between the hours of 1:00 a.m. and 6:00 a.m.
This Bylaw shall not apply to the sale of food or alcoholic beverages to be consumed on the premises at which they are sold or to be consumed off the premises on which they are sold when such a sale is by a licensed common victualer primarily engaged in the sale of food to be consumed on such premises.
Violators of this section shall be subject to a fine of $50.00 for each violation. In case of continuing violation, every calendar day upon which a store shall remain open in violation of this Bylaw shall be deemed a separate offense.
13.3 The provisions of this Bylaw may be waived by the Board of Selectmen if it determines that it is in the public interest to do so.
Section 14. Sale of Indecent Publications
14.1 Whoever disseminates to a minor any matter harmful to minors, knowing it to be harmful to minors, or has in his possession any such matter with the intent to disseminate the same to minors, shall be punished by a fine not exceeding two hundred ($200.00) dollars for each offense and to a like fine for each day's continuance of such violation. It shall be an affirmative defense in any prosecution under this section that the defendant was in a parental or guardianship relationship with the minor. It shall be an affirmative defense under this section if the evidence proves that the defendant was a bona fide school, museum or library, or was acting in the course of his employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization.
14.2 The definitions of the words in this Bylaw shall be the same as those specified in the Massachusetts General Laws, Chapter 272, as amended by Chapter 430 of the Acts of 1974.
15.1 Every building owner shall erect or cause to be erected upon any building which he owns or of which he has charge, and which is near the line of a sidewalk or street, a barrier or other suitable provisions sufficient to prevent the falling of snow and ice from the roof of such building upon persons traveling on such sidewalk or street.
15.2 The Director of Public Works or other officers having charge of ways of the Town shall have the authority, for the purposes of removing or plowing snow, or removing ice from any way in the Town, to remove or cause to be removed to some convenient place, including in such term a public garage, any vehicle interfering with such work.
15.3 The owner of any such vehicle so removed shall be liable for the reasonable cost of such removal and storage, and delivery of the vehicle to said owner may be withheld by the Director of Public Works or other officer having charge of ways in the Town, until such reasonable costs shall be paid.
15.4 Whenever any vehicle is so removed, the Police Department of the Town shall be notified and said department shall render all necessary assistance to the Director of Public Works or other officer having charge of ways, in enforcing this Bylaw.
15.5
15.5.1 No person or entity, regardless of their ownership, tenancy, or other status or relationship to any property, nor any agent, employee, contractor or servant of any person or entity shall place, throw, plow or in any way move any snow or ice onto any portion of the Town's streets, ways, sidewalks, or land, except with the approval of the director of Public Works or his designee. Notwithstanding the foregoing, this bylaw shall not be construed to prohibit owners or lawful occupants of residential premises from place snow and ice on the sidewalk while leaving unobstructed room for pedestrian passage, and from placing snow or ice from pavement edge to no more than one foot (12") out into the street, immediately adjacent to the driveway opening.
15.5.2 Anyone violating the prohibitions of this bylaw shall be subject to a specific penalty of a fine in an amount up to three-hundred dollars ($300) for each offense. The fine structure shall be as follows:
All first violations Documented warning
Residential (Less than 6 dwelling units)
Manual snow shoveling
Second or more violations Documented warning
Residential mechanized snow moving
Second violation $ 25.00
Third violation $ 50.00
Fourth or more violations $100.00
Commercial and 6 or more residential units
Manual snow shoveling
Second violation $ 50.00
Third or more violations $300.00
Mechanized snow moving
Second violation $150.00
Third or more violations $300.00
15.5.3 The Director of Public Works, the Assistant Director of Public Works, Superintendent of Highways, all Highway Division Construction Supervisors, all Framingham Police Officers, and other Town employees from time to time designated by the Board of Public Works are empowered and authorized to enforce this Bylaw.
Section 16. Vinyl Chloride Bylaw
16.1 No person shall temporarily store rail cars containing liquefied vinyl chloride within the Town of Framingham without first obtaining a license for said purpose from the Board of Selectmen. For purposes of this Bylaw, (i) a rail car will be deemed stored or in storage if it remains within the Town for more than 24 hours prior to being shipped or sent to its next destination, (ii) temporary storage will be deemed to be any storage of a rail car containing liquefied vinyl chloride which has not been delivered to its place of unloading, and (iii) "person" shall include any individual, corporation, partnership, association or other entity. Such a license shall be granted by the Board of Selectmen upon the applicant's fulfillment of the following conditions:
16.1.1 The applicant sets aside an area for the storage of such rail cars containing liquefied vinyl chloride;
16.1.2 The area set aside is bounded by an eight-foot high, chain link fence topped by at least three strands of barbed wire, and having a gate with a heavy-duty chain lock;
16.1.3 Lights are installed which are capable of illuminating at night the entire area set aside for storage;
16.1.4 The designated area contains a paved access lane to and around the storage location(s) therein sufficient to permit unimpeded access to all parts of the stored rail cars by fire trucks and related emergency apparatus;
16.1.5 The applicant provides water service to a point neither less than 100 feet nor more than 150 feet from the designated area sufficient to furnish a flow of 1,000 gallons of water per minute;
16.1.6 The applicant provides an additional water supply connected to and servicing two elevated stationary water nozzles capable of delivering water to any point within the area set aside at a minimum flow of 500 gallons of water per minute; and
16.1.7 The applicant installs an emergency signaling system at the area set aside for storage capable of sounding an audible alarm to members of the general public at least 2,500 feet from any point in the storage area.
16.2 The license described in subsection 16.1 of this Bylaw may be suspended or revoked by the Board of Selectmen upon the licensee's failure to:
16.2.1 Keep all temporarily stored rail cars containing liquefied vinyl chloride under its custody or control inside the area set aside for storage;
16.2.2 Keep fewer than eleven of such rail cars in the storage area;
16.2.3 Keep the fence surrounding the storage area locked at all times, except to permit the movement of such rail cars and the inspection or testing of rail cars and equipment therein;
16.2.4 Keep stored in the area set aside (i) no rail cars other than rail cars containing liquefied vinyl chloride, or (ii) no other materials or equipment;
16.2.5 Maintain the reasonable security of the storage area, the entrance and lock thereto, the lighting and water supplied thereto, the emergency signal system, and the paved access lane, including keeping this lane free of obstructions and snow and ice;
16.2.6 Obtain the consent of the Board of Selectmen prior to making any change to or in the storage area (including the tracks, fence, switches, lighting, water supply and emergency signal system);
16.2.7 Cause the storage area to be under on-site observation 24 hours a day;
16.2.8 Cause all such rail cars and the storage area to be inspected at least twice daily (for this purpose, two or more inspections within any ten-hour period shall be counted as one inspection) by an individual familiar with the type of rail cars used to store vinyl chloride, and trained in the manner of detecting leaks, spills and excessive or unusual venting therefrom, and cause a log to be kept which shall state therein the date of inspection, the name of the individual making the inspection, the identity by number of each car inspected, and the time of the inspection;
16.2.9 Cause a copy of the foregoing log (kept since the previous submission as provided for herein) to be submitted to the Fire Department at least weekly:
16.2.10 Notify the Fire Department in writing by noon of each day of any arrivals to or departures from the storage area which occurred on the previous day;
16.2.11 Notify the Fire Department immediately of any leak, spill, excessive or unusual venting, explosion or fire involving vinyl chloride; any dents in or other damage to the rail cars; and malfunctioning, defect or need for adjustment or repair in the tracks into or within the storage area and any switches thereon, fence, lock, lighting, water supplies, nozzles or emergency signal system; or any derailment or collision involving any such rail car;
16.2.12 Keep the storage area illuminated at night;
16.2.13 Notify the next intended delivery or storage point of the time of arrival within the Town of Framingham of any such rail car under the licensee's custody or control within 24 hours after such arrival;
16.2.14 Keep combustible and explosive materials out of the storage area;
16.2.15 Test the emergency signal system, the water systems and the lighting system at least once every 60 days, and report to the Fire Chief any failure to pass any of such tests;
16.2.16 Permit the Fire Chief or his designee to inspect at any time the storage area and the protective systems and any such rail cars therein; and
16.2.17 Cause the emergency signal to be employed in accordance with procedures established by the Fire Chief.
16.3 In lieu of or in addition to suspending or revoking a license, the Town may assess a fine of $200 for each violation of subsection 16.2 hereof.
16.4 Provisions of this Vinyl Chloride Bylaw requiring a valid, effective license to store temporarily rail cars containing liquefied vinyl chloride after they have been in the Town more than twenty-four hours, restricting the storage to fewer than eleven cars and instituting local reporting requirements together with such other provisions that may be deemed inconsistent with the Hazardous Materials Transportation Act, 49 U.S.C. ss1801, et seq., will not be implemented or enforced after the effective date of the Bylaw until the United States Secretary of Transportation determines those requirements of the bylaw that are not preempted by the aforesaid Act. 49 U.S.C. s 1811 (b). 49 CFR 107.215-.225.
Section 17. Activities on Town Property
No person shall engage in golfing on any town-owned property except with the express written consent of the board or commission which has jurisdiction over said property.
The penalty for violation of this Bylaw shall be fifty ($50.00) dollars.
Section 17A. Demolition Delay Bylaw for Historically or Architecturally Significant Buildings in the Town of Framingham, MA.
Section 1. Intent and Purpose
This bylaw is enacted for the purpose of protecting and preserving significant buildings within the Town outside the Framingham Center Common Historic District (Local) which constitute or reflect distinctive features of the architectural or historical resources of the Town, and to encourage owners of such buildings to seek out alternative options to preserve, rehabilitate or restore such buildings rather than to demolish them, thereby promoting the public welfare and preserving the cultural heritage of the Town. To achieve these purposes the Framingham Historical Commission is authorized to advise the Building Commissioner with respect to the issuance of permits for the demolition of significant buildings. The issuance of demolition permits for significant buildings is regulated as provided by this bylaw.
Section 2. Definitions
2.1 "Building" - Any combination of materials forming a shelter for persons, animals, or property.
2.2 "Demolition" - Any act of pulling down, destroying, removing or razing a building or commencing the work of total or substantial destruction with the intent of completing the same.
2.3 "Building Commissioner" - The person occupying the office of Building Commissioner or otherwise authorized to issue demolition permits.
2.4 "Commission" - The Framingham Historical Commission.
2.5 "Demolition Permit" - The permit issued by the Building Commissioner as required by the State Building Code for a demolition, substantial demolition or removal of a building.
2.6 "Historically or Architecturally Significant Building" - Any building, in whole or in part, which is at least 50 years old and:
(a) which is listed on, or is a contributing building within an area listed on the National Register of Historic places, or which is the subject of a pending application for such listing, or is eligible for such listing; or
(b) is included in the Cultural Resources Inventory prepared by the Commission; or
(c) has been determined by vote of the Commission to be a significant building after a finding by the Commission that a building either:
i. is importantly associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the Town, or the Commonwealth, or
ii. is historically or architecturally significant (in terms of period, style, method of building construction or association with a recognized architect or builder) either by itself or in the context of a group of buildings.
2.7 "Preferentially Preserved" - Any historically or architecturally significant building which the Commission determines is in the public interest to be preserved or rehabilitated rather than to be demolished.
Section 3. Procedure
3.1 No permit for the demolition of a building which is in whole or in part fifty (50) years or more old shall be issued other than in conformity with the provisions of this bylaw, as well as in conformity with the provisions of other laws and ordinances applicable to the demolition of buildings and the issuance of permits generally.
3.2 Application contents: Every application for a demolition permit for a building at least 50 years old shall be filled with the Building Commis-sioner and shall contain the following information: (i) the address of the building to be demolished, (ii) the owner's name, address and telephone number, (iii) a brief description of the type of building and the condition requiring issuance of the permit; (iv) date of building as established by the Board of Assessors, deed or documentation verifying year of construc-tion and (v) a brief description of the proposed reuse, reconstruction or replacement on the premises upon which the building is located.
3.3 Within seven (7) working days from receipt of an application for a demolition permit of a building fifty years or older, the Building Commissioner shall forward a copy to the Commission. No demolition permit shall be issued during this time.
3.4 Within ten (10) working days after receipt of the application for demolition permit by the Commission, the Commission shall make a Determination of Architectural and/or Historical Significance. Upon determination by the Commission that the building is not architecturally and/or historically significant, the Commission shall so notify the Building Commissioner in writing. Upon receipt of such notification, or after the expiration of fifteen (15) working days from the date of submission to the Commission, if the Building Commissioner has not received notification from the Commission, the Building Commissioner may issue the demolition permit.
3.5 Upon determination by the Commission that the building is historically and/or architecturally significant, the Building Commissioner and applicant shall be so notified in writing, and a demolition permit shall not be issued. The Commission shall hold a public hearing within fifteen (15) working days of the Determination of Significance to determine whether the building should be preferentially preserved. Public notice of the time, place and purpose of the hearing shall be published by the Building Department at the expense of the applicant in a newspaper of general circulation in the Town not less than seven (7) days before the day of said hearing and shall be posted in a conspicuous place in the Town Hall for a period of not less than seven (7) days before the day of said hearing.
3.6 If after a public hearing the Commission determines that the significant building should not be preferentially preserved, the Commission shall notify the Building Commissioner, in writing within five (5) working days of the hearing and the Building Commissioner may issue a demolition permit upon receipt of the written decision.
3.7 If after a public hearing the Commission determines that the significant building should be preferentially preserved, the Commission shall so notify the Building Commissioner in writing within five (5) working days of the hearing, and no demolition permit may be issued until six (6) months after the date of the determination by the Commission.
3.8 Notwithstanding anything contained in paragraph 3.7, the Building Commissioner may issue a demolition permit for a preferably preserved building at any time after receipt of written advice from the Commission to the effect that either:
(i) the Commission is satisfied that there is no reasonable likelihood that either the owner or some other person or group is willing to purchase, preserve, rehabilitate or restore such building, or
(ii) the Commission is satisfied that for at least six (6) months the owner has made continuing, bonafide and reasonable efforts to locate a purchaser to preserve, rehabilitate or restore the subject building, and that such efforts have been unsuccessful.
Section 4. Responsibility of Owners
It shall be the responsibility of the owner of record or his designee to assist in the facilitation of the above process by providing information, allowing access to the property and securing the premises; for participating in the investigation of preservation options and for actively cooperating in seeking alternatives with the Commission and any interested parties.
Section 5. Emergency Demolition
Nothing in this bylaw shall restrict the Building Commissioner from immediately ordering the demolition of any building in the event of imminent danger to the safety of the public.
Section 6. Enforcement and Remedies
The Commission and/or the Building Commissioner are each specifically authorized to institute any and all actions and proceedings, in law or equity, as they may deem necessary and appropriate to obtain compliance with the requirements of this bylaw or to prevent a threatened violation thereof. No building permit shall be issued with respect to any premises upon which a significant building has been voluntarily demolished in violation of this bylaw for a period of two (2) years after the date of the completion of such demolition. As used herein, "premises" refers to the parcel of land upon which the demolished significant building was located and all adjoining parcels of land under common ownership or control.
Section 7. Historic District Act
Nothing in this bylaw shall be deemed to conflict with the provisions of the Historic District Act, Massachusetts General Laws Chapter 40C. If any of the provisions of this bylaw do so conflict, that act shall prevail.
Section 8. Severability
In case any section, paragraph or part of this bylaw be for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect.
Section 18. Framingham Wetlands Protection Bylaw
Preamble
NO NET LOSS OF WETLANDS POLICY: There shall be no net loss of wetlands or wetland resource areas in Framingham. It is presumed that non-water dependent projects can always be designed to avoid loss of wetland areas. Projects having no feasible alternative to alteration impacts must be minimized and mitigated.
18.1 Purpose
The purpose of this bylaw is to protect the wetlands, related water resources, and adjoining land areas, and provide Open Space for passive recreation and education in the Town of Framingham by prior review and control of the activities deemed by the Conservation Commission likely to have a significant effect upon values and functions including, but not limited to, the following: public or private water supply, groundwater, storm damage prevention, flood control, erosion and sedimentation control, water pollution prevention, fisheries, wildlife, wildlife habitat, passive recreation, aesthetics, agriculture, and aquaculture (collectively, the "interests and values protected by this Bylaw").
18.2 Jurisdiction
Except as permitted by the Conservation Commission or as provided by this bylaw, no person shall remove, fill, dredge, build upon, degrade, discharge into or otherwise alter the following resource areas: freshwater wetland, vernal pool, marsh, wet meadow, bog or swamp; any bank, beach, or flat; any lake, river, pond, or stream: any land under said waters; any land subject to flooding; or land subject to inundation by surface water during the 100 year event. Said resource areas shall be protected whether or not they border surface waters. The Commission may establish a no work/no alteration zone as appropriate to each application.
18.3 Exceptions
No provision of this bylaw shall apply to: (1) activities lawfully completed prior to the effective date of this bylaw, or (2) activities subject to a negative Determination of Applicability or an Order of Conditions issued pursuant to the Wetlands Protection Act, M.G.L.Ch. 131, Section 40, prior to July 1, 1992.
The permit and application required by this bylaw shall not be required for maintaining, repairing, or replacing, but, not substantially enlarging or changing an existing and lawfully located structure or facility used in the service of the public to provide electric, gas, water, telephone, telegraph, or other telecommunications services, provided that written notice has been given to the Commission prior to the commencement of work, and provided that the work conforms to performance standards and design specifications in regulations adopted by this Commission.
The permit and application required by this bylaw shall not apply to emergency projects necessary for the protection of the health or safety of the public, provided that the work is to be performed by or has been ordered to be performed by an agency of the Commonwealth or subdivision of, provided that advance written notice has been given to the Commission, prior to the commencement of work or within twenty four (24) hours after commencement, provided that the work is performed only for the time and place agreed to by the Conservation Commission for the limited purposes necessary to abate the emergency, and provided that within 14 days of commencement of an emergency project a permit application (Abbreviated Notice of Intent or Notice of Intent) shall be filed with the Conservation Commission for review under the provisions of this bylaw. Failure to meet these and other requirements of the Conservation Commission may, after appropriate process as provided by this bylaw and applicable regulations, result in revocation or modification of the emergency project approval and require restoration and application of mitigating measures.
Other than as stated in this section the exceptions provided in the Wetlands Protection Act, M.G.L.Ch. 131,s.40, will not apply.
18.4 Application for Permits and Requests for Determination
PERMITS: Written application shall be filed with the Conservation Commission to perform activities regulated by this bylaw affecting resource areas protected by this bylaw. The application shall include such information and plans as required by the regulations and as are deemed necessary by the Conservation Commission to describe the proposed activities and their effects on the environment. No activities shall commence without receiving a permit issued pursuant to this bylaw.
DETERMINATIONS: Any person desiring to know whether or not a proposed activity and/or an area is subject to this bylaw may submit a Request for Determination to the Conservation Commission on the appropriate form. The request shall contain all necessary information, plans, data calculations, etc., as specified by the regulations.
The Conservation Commission, as it deems appropriate, may accept as the application and plans under this bylaw the Notice of Intent/Request for Determination and plans filed under the Wetlands Protection Act, M.G.L. Ch. 131, s.40.
Applications filed under this bylaw are to be delivered via Certified Mail, Return Receipt or hand-delivered to the Commission and shall be accompanied by the filing fee prescribed in 310 CMR 10.03:(7) and in accordance with Chapter 287, Act of 1989, Section 54 Revised July 26, 1989.
18.5 Notice of Hearings
The applicant filing a request for determination or application for a permit under the provisions of this bylaw shall give written notice by Certified Mail, Return Receipt or by hand-delivery to all abutters according to the current Assessors records five (5) days in advance of the scheduled hearing in accordance with provisions of this bylaw and its regulations. The Conservation Commission is responsible for notifying the applicant and owner, if not the same, of the time and place of the scheduled hearing. Also, the Conservation Commission is responsible, at the applicant's expense, for placing a notification of the subject hearing in a local newspaper at least five (5) days prior to the hearing. The Conservation Commission shall conduct a public hearing within twenty one (21) days of the receipt of a completed application for permit or request for determination unless unusual circumstances prevent this scheduling.
In this event the hearing will be scheduled at the next regularly scheduled Conservation Commission meeting having time available.
The Conservation Commission may, at its option, combine the hearing under this bylaw and the hearing conducted under the Wetlands Protection Act, M.G.L. Ch. 131, s.40.
The Conservation Commission shall have the authority to continue the hearing to a specific date, agreeable to the applicant, announced at the hearing without further notification, for reasons stated at the hearing. Those reasons may include, but are not limited to, requests from other boards, officials, or attendees. In the event that the applicant objects to a continuance, the hearing will be closed and the Conservation Commission will take action on available information.
18.6 Coordination with other Boards and Departments
The Conservation Commission will notify appropriate Boards and Departments not less than ten (10) days prior to the hearing in order to allow their review of the submittal on file located in the Administrators office. Written comments from these Boards and Departments should be submitted to the Conservation Administrator at least three (3) days before the hearing. The applicant shall have the right to receive any such comments and recommendations, and to respond to them at the hearing.
18.7 Permits, Determinations, and Conditions
If the Conservation Commission after a public hearing determines that the activities which are the subject of the application are likely to have a significant or cumulative effect upon the wetland values protected by this bylaw, the Conservation Commission, within twenty one (21) days of the close of the hearing, unless unusual circumstances prevent it, shall issue or deny a permit for the activities requested. Determinations of Applicability will be issued within 21 days of receipt of the request. If the Conservation Commission issues a permit, conditions shall be imposed which are deemed necessary to protect the "interests and values", and all activities shall be performed in accordance with those conditions. The Conservation 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 Conservation Commission; for failure to avoid or prevent unacceptable significant or cumulative effects to avoid or prevent unacceptable significant or cumulative effects upon the wetland values protected by this bylaw; and where no conditions are adequate to protect those values.
A permit shall expire three years from the date of issuance. The Conservation Commission may issue a permit expiring five 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 Conservation Commission. Any permit may be renewed once for an additional one year period, provided that a request for renewal is received in writing by the Conservation Commission thirty days prior to expiration. The Conservation Commission, for good cause, may revoke or modify a permit issued under this bylaw after notice to the holder of the permit, notice to the public, abutters, and town boards pursuant to the preceding section 5, and a public hearing.
The Conservation Commission in an appropriate case may combine the permit or other action on an application issued under this bylaw with the Order of Conditions issued under the Massachusetts Wetlands Protection Act, M.G.L. Ch. 31, s.40.
The Commission may deny the request for an extension and require the filing of a new permit request under the following circumstances: no work has begun on the project, except where such failure is due to unavoidable delays, such as appeals, or obtaining other necessary permits; new information has become available and indicates that the Order is not adequate to protect the interests covered by this bylaw.
No work proposed in any application shall be undertaken until the applicant has remitted the appropriate fee to the Conservation Administrator for recording the permit in the registry of deeds or, if the land affected thereby be registered land, in the registry section of the land court for the district wherein the land lies.
18.8 Regulations
After public notice and public hearing the Conservation Commission shall promulgate rules and regulations to effectuate the purposes of this bylaw. Failure of the Conservation Commission to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this bylaw.
18.9 Definitions
Except as specifically provided by these Regulations and the bylaw, terms used in the regulations and the bylaw have the meanings defined in the Wetlands Protection Act, M.G.L. Ch. 131, Section 40, ("The Act") and in Regulations currently codified at 310 CMR 10.00, issued pursuant to the Act by the Department of Environmental Protection, as amended November 10, 1989.
The following definitions shall apply in the interpretation and implementation of this bylaw.
Abutter means the same as the owner of land abutting the activity.
Act means the Wetlands Protection Act, M.G.L. c. 131, s.40.
Activity means any form of draining, dumping, dredging, damming, discharging, excavating, filling or grading; the erection, reconstruction or expansion of any buildings or structures; the driving of pilings; the construction or improvement of roads and other ways; the changing of run-off characteristics; the intercepting or diverging of ground or surface water; the installation of drainage, sewage and water systems; the discharging of pollutants; the destruction of plant life; and any other changing of the physical characteristics of land.
Aggrieved means the same as persons aggrieved.
Agriculture
A. Land in agricultural use means land presently and primarily used in the raising of animals including, but not limited to, dairy cattle, beef cattle, poultry, sheep, swine, horses, ponies, mules, goats, bees and fur-bearing animals, or land presently and primarily used in a related manner which is incidental thereto and represents a customary and necessary use in raising such animals.
Additionally, land in agricultural use means land presently and primarily used in the raising of fruits, vegetables, berries, nuts and other foods for human consumption, feed for animals, tobacco, flowers, sod, trees, nursery or greenhouse products, and ornamental plants and shrubs; or land presently and primarily used in raising forest products under a planned program to improve the quantity and quality of a continuous crop; or land presently and primarily used in a related manner which is incidental thereto and represents a customary and necessary use in raising such products.
Land in agricultural use may lie fallow for a period of time if it has been used for agriculture at least three (3) of the five (5) immediately preceding years.
B. Normal maintenance or improvement of land in agricultural use means the following activities:
1. All tilling and harvesting practices customarily employed to enhance existing growing conditions;
2. The pasturing of animals, including the construction and maintenance of such fences as may be required;
3. The use of fertilizers, pesticides, herbicides, and other materials, subject to all state and federal laws and regulations governing their use;
4. The constructing, grading or restoring of field ditches, subsurface drains, grass waterways, vents, access roads, farm ponds and similar projects to improve drainage, prevent erosion, provide more effective uses of rainfall and improve equipment operation and efficiency, all in order to improve conditions for the growing of existing crops or raising of animals;
5. The cultivation of cranberries, including the following practices:
a. sanding operations using existing sand pits;
b. cleaning of cross ditches, canals and natural waterways;
c. repair and replacement but not enlargement of water control structures, including flumes, pumps, dikes, and piping above and below ground;
d. repair, replacement and regrading of existing cranberry bogs, and
e. repair and cleaning of reservoirs, dams and water storage systems within the limits of existing water rights.
All maintenance and improvement activities shall be undertaken in such a manner as to prevent erosion and siltation of adjacent water bodies and wetlands, as specified by the U.S.D.A. Soil Conservation Service "Guidelines for Soil and Water Conservation".
6. The cutting and removal of trees for the purpose of selling said trees or any products derived therefrom, when carried out in the following manner:
a. Every reasonable effort shall be made to avoid or minimize access through Areas Subject to Protection Under the Act;
b. Where access through Areas Subject to Protection Under the Act is necessary, every reasonable effort shall be made to gain said access without constructing new access ways including, but not limited to, maintaining and improving (but not substantially enlarging) existing accessways, and operations shall be conducted when the soil is frozen, dry or otherwise stable;
c. Where access is determined impracticable without constructing new accessways, said accessways shall be designed, constructed and maintained in accordance with U.S. Forest Service logging road standards, and shall be removed and the site returned to previously existing conditions within one (1) year;
d. All channel crossings shall be stabilized to prevent erosion, using standard U.S. Forest Service methods. When crossings involve fill or other closed or semi-closed structures which will obstruct flow, they shall be designed, constructed and maintained in accordance with U.S. Forest Service standards, shall allow unobstructed passage of the existing flows for at least the 10-year storm, and shall be removed and the site returned to existing conditions within one (1) year of construction;
e. All soils which are exposed during and after work shall be stabilized to prevent said soils from eroding into open water bodies, in accordance with standard U.S. Forest Service methods;
f. All operations shall be conducted in accordance with a cutting plan approved by the Massachusetts Department of Environmental Management District Forester; and
g. A written notice describing the proposed cutting and removal of trees shall be submitted to the Conservation Commission not less than ten (10) days prior to the commencement of operations.
7. The selective cutting of trees by owners for their own use, when carried out in the following manner:
a. No more than 25,000 board feet or 50 cords shall be harvested;
b. After the cutting, the crown area of the remaining trees shall be evenly distributed throughout the site and shall cover no less than 50 percent of the surface area of the site;
c. The removal of the selectively cut trees shall occur only during those periods when the ground is sufficiently frozen, dry otherwise stable to support the equipment used;
d. the cutting, removal or other destruction of trees and the understory vegetation shall not occur within twenty-five (25) feet of the bank of a water body;
e. the placement of slash, branches and limbs resulting from the cutting and removal operations shall not occur within twenty-five (25) feet of the bank of a water body; and
f. there shall occur no filling, excavation or other change in the existing topography.
Alter means to change the condition of any Area Subject to Protection Under the Act. Examples of alterations include, but are not limited to, the following:
A. the changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns and flood retention areas;
B. the lowering of water level or water table;
C. the destruction of vegetation;
D. the changing of water temperature, biochemical oxygen demand (BOD), and other physical, biological or chemical characteristics of the receiving water;
Provided that when provisions of 310 CMR 10.03(6) and 10.05(3) or 333 CMR 11.03(9) have been met, the application of herbicides in the Buffer Zone in accordance with such plans as are required by the Department of Food and Agriculture pursuant to its rights of way management regulations, 333 CMR 11.00 effective July 10, 1987, is not an alteration of any area Subject to Protection Under the Act.
Aquaculture
A. Land in aquacultural use means land presently and primarily used in the growing of aquatic organisms under controlled conditions, including one or more of the following uses: raising, breeding or producing a specified type of animal or vegetable life including, but not limited to, finfish such as carp, catfish, black bass, flatfishes, herring, salmon, shad, smelt, sturgeon, striped bass, sunfishes, trout, whitefish, eel, tilapia; shellfish such as shrimp, crabs, lobster, crayfish, oyster, clams, periwinkles, scallops, mussels, squid; amphibians such as frogs; reptiles such as turtles; seaweeds such as Irish moss and dulse; and edible freshwater plants.
B. Normal maintenance or improvement of land in aquacultural use means the following activities, when done in connection with the production of aquatic organisms as defined above; draining, flooding, heating/cooling, removing, filling, grading, compacting, raking, tilling, fertilizing, seeding, harvesting, filtering, rafting, culverting or applying chemicals in conformance with all state and federal laws; provided, however, that such activities are clearly intended to improve and maintain land in aquacultural use and that best available measures are utilized to ensure that there will be no adverse effect on wetlands outside the area in aquacultural use, and further provided that removing, filling, dredging or altering of a salt marsh is not to be considered normal maintenance or improvement of land in aquacultural use.
Area Subject to Protection Under the Act means any area specified in 310 CMR 10.02(1). It is used synonymously with Resource Area, each one of which is defined in greater detail in Parts II and III of 310 CMR 10.00.
Bank (inland) is defined in Part III, 310 CMR 10.54(2).
Beach (inland): a naturally occurring inland beach means an unvegetated bank as defined in Part III CMR 10.54(2).
Best Available Measures means the most up-to-date technology or the best designs, measures or engineering practices that have been developed and that are commercially available.
Best Practical Measures means technologies, designs, measure or engineering practices that are in general use to protect similar interests.
Bordering means touching. An area listed in 310 CMR 10.02(1)(a) is bordering on a water body listed in 310 CMR 10.02(1)(a) if some portion of the area is found in the appropriate section of 310 CMR 10.02(1)(a) some portion of which is in turn touching the water body.
Bordering Vegetated Wetland is defined in Part III, 310 CMR 10.55(2).
Boundary means the boundary of an Area Subject to Protection Under the Act. A description of the boundary of each area is found in the appropriate section of 310 CRM 10.00. For inland areas, see Part III of 310 CMR 10.00.
Breeding Areas means areas used by wildlife for courtship, mating, nesting or other reproductive activity, and rearing of young.
Buffer Zone means that area of land extending one hundred twenty five (125) feet horizontally outward from the boundary of any resource area specified in this Bylaw (Para. 18.2).
Certificate of Compliance means a written documentation by the issuing authority that work or a portion thereof has been completed in accordance with an Order. It shall be made on Form 8 of 310 CMR 10.99, modified to reference this Bylaw or on a form designed under this Bylaw.
Commissioner means the Commissioner of the Department of Environmental Protection, pursuant to St. 1989, c. 240, s.101.
Conditions means those requirements set forth in a written Order issued by the Conservation Commission for the purpose of permitting, regulating or prohibiting any activity that removes, fills, dredges or alters an Area Subject to Protection Under this Bylaw.
Conservation Commission means that body comprised of members lawfully appointed pursuant to M.G.L. c. 40, s. 8C. For the purposes of the Act and 310 CMR 10.00, it shall also mean a mayor or board of selectmen, where no conservation commission has been established under said M.G.L. c. 40, s. 8C.
Creek means the same as a stream, as defined in this section.
Date of Issuance means the date an Order is mailed, as evidenced by a postmark, or the date it is hand-delivered.
Date of Receipt means the date of delivery to an office, home or usual place of business by mail or hand-delivery.
Department means the Department of Environmental Protection, and shall include the Commissioner and any other person employed by said Department, pursuant to St. 1989, c. 240, s. 101.
Determination
A. Determination of Applicability means a written finding by a Conservation Commission as to whether a site or the work proposed thereon is subject to the jurisdiction of this Bylaw. It shall be made on Form 2 of 310 CMR 10.99, modified to reference this Bylaw or on a form designed under this Bylaw.
B. Determination of Significance means a written finding by a Conservation Commission, after a public hearing, that the area on which the proposed work is to be done, or which the proposed work will alter, is significant to one or more interests identified in this Bylaw. It shall be made as part of the Order, on Form 5 of 310 CMR 10.99, modified to reference this Bylaw or on a form designed under this Bylaw.
C. Notification of Non-Significance means a written finding by a conservation commission, after a public hearing, that the area on which the proposed work is to be done, or which the proposed work will alter, is not significant to any interests of this Bylaw. It shall be made as part of the Order, on Form 6 of 310 CMR 10.99, modified to reference this Bylaw or on a form designed under this Bylaw.
Dredge means to deepen, widen or excavate, either temporarily or permanently.
Extension Permit means a written extension of time within which the authorized work shall be completed. It shall be made on Form 7 of 310 CMR 10.99, modified to reference this Bylaw or on a form designed under this Bylaw.
Fill means to deposit any material so as to raise an elevation, either temporarily or permanently.
Final Order means the Order issued by the Commissioner after an adjudicatory hearing or, if no request for hearing has been filed, the Superseding Order or, if no request for a Superseding Order has been filed, the Order of Conditions.
Flood Control means the prevention or reduction of flooding and flood damage.
Freshwater Wetlands shall mean wet meadows, marshes, swamps, bogs, areas where around water, flowing or standing surface water or ice provide a significant part of the supporting substrate for a plant community for at least five months of the year; emergent and submergent plant communities in inland waters; that portion of any bank which touches any inland waters.
General Performance Standards means those requirements established by Regulations promulgated under this Bylaw for activities in or affecting each of the Areas Subject to Protection Under this Bylaw.
Ground Water Supply means water below the earth's surface in the zone of saturation.
Important Wildlife Habitat Functions mean important food, shelter, migratory or overwintering area, or breeding areas for wildlife.
Interests Identified in this Bylaw means public or private water supply, ground water supply, flood control, storm damage prevention, prevention of pollution, erosion control and sedimentation control, protection of wildlife, protection of wildlife habitat, passive recreation, aesthetics, agriculture, and aquaculture, protection of fisheries, and protection of wildlife habitat.
Issuing Authority means the Framingham Conservation Commission.
Lake means an open body of fresh water with a surface area of ten (10) acres or more, and shall include great ponds.
Land subject to flooding is defined in Part III, 310 CMR 10.57(2).
Land Under Water Bodies and Waterways means the bottom of, or land under, the surface of a creek, river, stream, pond, or lake. Land under inland water bodies is further defined in Part III 310 CMR 10.562).
Lot means an area of land in one ownership, with definite borders.
Majority means more than half of the members of the Conservation Commission then in office.
Marsh is defined in M.G.L. c.131, s.40, para. 10.
Meadow (or wet meadow) is defined in M.G.L. c. 131, s. 40, para. 9.
MEPA means the Massachusetts Environmental Policy Act, M.G.L. c.30, ss. 6-62H, and the regulations promulgated pursuant thereto, 301 CMR 11.00 et seq.
Migratory Areas means those areas used by wildlife moving from one habitat to another, whether seasonally or otherwise.
Notice of Intent means the written notice filed by any person intending to remove, fill, dredge, or alter an area subject to Protection Under this Bylaw. It shall be made on Form 3 or 4 of 310 CMR 10.99, modified to reference this Bylaw or on a form designed under this Bylaw.
Order means an Order of Conditions or Amended Order of Conditions.
Order of Conditions means the document issued by a conservation commission containing conditions which regulate or prohibit an activity. It shall be made on Form 5, 310 CMR 10.99, modified to reference this Bylaw or on a form designed under this Bylaw.
Owner of Land Abutting the Activity means the owner of land sharing a common boundary or corner with the site of the proposed activity in any direction, including land located directly across the street, way, creek, river, stream, brook or canal.
Party to any proceeding before the Commission means the applicant, and pursuant to 310 CMR 10.05(7)(a) may include the owner of the site, any abutter, any person aggrieved, any ten (1) residents of the city or town where the land is located and any ten (10) persons pursuant to M.G.L. c.30A, s.10A.
Person Aggrieved means any person who, because of an act or failure to act by the issuing authority, may suffer an injury in fact which is different either in kind or magnitude from that suffered by the general public and which is within the scope of interests identified in the Bylaw.
Plans mean such data, maps, engineering drawings, calculations, specification, schedules and other materials, if any, deemed necessary by the issuing authority to describe the site and/or the work, to determine the applicability of the Bylaw or to determine the impact of the proposed work upon the interests identified in the Bylaw.
Pond (inland) means any open body of fresh water, either naturally occurring or man-made by impoundment, with surface area observed or recorded within the last ten (10) years of at least 10,000 square feet, and which is never without standing water due to natural causes, except during periods of extended drought. For purposes of this definition, extended drought shall mean any period of four (4) or more months during which the average rainfall for each month is 50 percent or less of the ten (10) years average for that same month. Basins or lagoons which are part of wastewater treatment plants shall not be considered ponds, nor shall swimming pools or other impervious man-made retention basins.
Prevention of Pollution means the prevention or reduction of contamination of surface or ground water.
Private Water Supply means any source or volume of surface or ground water demonstrated to be in any private use or demonstrated to have a potential for private use.
Protection of Fisheries means protection of the capacity of an Area Subject to Protection Under this Bylaw:
A. To prevent or reduce contamination or damage to fish; and
B. To serve as their habitat and nutrient source. Fish includes all species of fresh fish.
Protection of Land Containing Shellfish means protection of the capacity of an Area Subject to Protection Under the Act:
A. To prevent or reduce contamination or damage to shellfish; and
B. To serve as their habitat and nutrient source.
Public Water Supply means any source or volume of surface or ground water demonstrated to be in public use or approved for water supply pursuant to M.G.L. c. 111, s.160 by the Division of Water Supply of the Department, or demonstrated to have a potential for public use.
Rare Species means those vertebrate and invertebrate animal species officially listed as endangered, threatened, or of special concern by the Massachusetts Division of Fisheries and Wildlife under 321 CMR 8.00.
Remove means to take away any type of material, thereby changing an elevation, either temporarily or permanently.
Request for Determination of Applicability means a written request made by any person to a conservation commission or the Department for a determination as to whether a site or work thereon is subject to the Act. It shall be submitted on Form 1 of 310 CMR 10.99, modified to reference this Bylaw or on a form designed under this Bylaw.
Resource Area means any of the areas specified in this Bylaw. It is used synonymously with Area Subject to Protection Under this Bylaw, each one of which is enumerated in Para. 18.2, Jurisdiction.
River means a natural flowing body of water that empties to any ocean, lake or other river and which flows throughout the year.
Shelter means protection from the elements or predators.
Significant means plays a role. A resource area is significant to an interest identified in the Act when it plays a role in the provision or protection, as appropriate, of that interest.
State-listed Species means the same as rare species, as defined in this section.
Storm Damage Prevention means the prevention of damage caused by water from storms including, but not limited to, erosion and sedimentation, damage to vegetation, property or buildings, or damage caused by flooding, water-borne debris or water-borne ice.
Stream means a body of water, including brooks and creeks, which move in a definite channel in the ground due to hydraulic gradient, and which flows within, into or out of an Area Subject to Protection Under the Act. A portion of a stream may flow through a culvert or beneath a bridge. Such a body of running water which does not flow throughout the year (i.e., which is intermittent) is a stream except for that portion upgradient of all bogs, swamps, wet meadows and marshes.
Superseding Order means a document issued by the Department containing conditions which regulate or prohibit an activity. It shall be made on Form 5 of 310 CMR 10.99.
Swamp is defined in M.G.L. c.131, s.40, para. 8.
Vernal Pool Habitat means confined basin depressions which, at least in most years, hold water for a minimum of two continuous months, and which are free of adult fish populations, as well as the area within 125 feet of the mean annual boundaries of such depressions. These areas are essential breeding habitat, and provide other extremely important wildlife habitat functions during non-breeding season as well, for a variety of amphibian species such as wood frog (Rana
sylvatica) and the spotted salamander (Ambystoma macultum), and are important habitat for other wildlife species.
Water-dependent uses means those uses and facilities which require direct access to, or location in inland waters and which therefore cannot be located away from said waters, including but not limited to: marinas, public recreational uses, navigational and commercial fishing and boating facilities, water-based recreational uses, navigation aids, basins, channels, industrial uses dependent on waterborne transportation or requiring large volumes of cooling or process water which cannot reasonably be located or operated at an upland site, crossing over or under water bodies or waterways (but limited to railroad and public roadway bridges, tunnels, culverts, as well as railroad tracks and public roadways connecting thereto which are generally perpendicular to the water body or waterway), and any other uses and facilities as may further hereafter be defined as water-dependent in 310 CMR 9.00.
Wildlife means all mammals, birds, reptiles and amphibians and, for the purposes of 310 CMR 10.37 and 10.59, all vertebrate and invertebrate animal species which are officially listed by the Massachusetts Division of Fisheries and Wildlife under 321 CMR 8.00 as endangered, threatened, or of special concern.
Wildlife habitat is defined in paragraph 13 of the Act.
Work means the same as activity.
18.10 Security
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 Conservation Commission may require that the performance and observation of the conditions imposed hereunder be secured wholly or in part by one or more of the methods described below:
A. By a proper bond or deposit of money or other negotiable securities or other undertaking of financial responsibility sufficient in the opinion of the Conservation Commission;
B. By a conservation restriction, easement or other covenant enforceable in a court of law, executed and duly recorded by the owner of record, running with the land to the benefit of the Town of Framingham whereby the permit conditions shall be performed and observed before any lot may be conveyed other than by mortgage deed.
18.11 Enforcement
The Conservation Commission, its agents, officers, and employees shall, after proper notification to the owner, have authority to enter upon privately owned land for the purpose of performing their duties under this bylaw and may make or cause to be made such examinations, surveys or sampling as the Conservation Commission deems necessary.
The Conservation Commission shall have the authority to enforce this bylaw, its regulation, and permits issued thereunder by violation notices, administrative order, and civil and criminal court actions. Upon request of the Conservation Commission, the Board of Selectmen and the Town Counsel shall take legal action for enforcement under civil law. Upon request of the Conservation Commission, the Chief of Police shall take legal action for enforcement under criminal law.
Municipal board and officers, including any police officer or other officers having police powers, shall have the authority to assist the Conservation Commission in enforcement.
Any person who violates any provision of this bylaw, or permits issued thereunder, shall be punished by a fine of not more than $300.00 each day or portion thereof during which a violation continues shall constitute a separate offense, and each provision of the bylaw, or permit violated shall constitute a separate offense.
As the alternative to criminal prosecution, the Conservation Commission may elect to utilize the non-criminal disposition procedure set forth in M.G.L. Ch. 40, s.21D provided the text of that Section is repeated in the text of this bylaw or elsewhere in Town bylaws.
18.12 Burden of Proof
The applicant for a permit shall have the burden of proof by a preponderance of credible evidence that the work proposed in the application will not have a significant effect upon the wetland values protected by this bylaw. Failure to provide adequate evidence to the Conservation Commission supporting this burden shall be sufficient cause for the Conservation Commission to deny a permit or grant a permit with conditions.
18.13 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 Wetlands Protection Act, M.G.L. Ch. 131, s.40, and regulations thereunder.
18.14 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 which previously has been issued.
Section 19. Use of Ways by Pedestrians
Pedestrians shall obey the lawful directions of Police Officers. Whenever there is an officer directing traffic, a traffic control signal or a marked crosswalk, no such pedestrian shall cross the following road except within the limits of a marked crosswalk.
Route 126 (Concord St./Hollis St.) From Everitt Ave. to Winthrop St.
Union Ave From Walnut St. to Concord St.
Lincoln Street From Union Ave. to Concord St.
Waverly Street From Cedar St. to South St.
Iriving Street From Arlington St. to Burkis Square
The above area is to referred to as the Downtown Business District. Any person who violates this bylaw shall be punished as follows:
First Offense Written Warning
Second and Subsequent Offense Twenty Dollar Fine
Any violater of this bylaw who refuses to give their name to a police officer shall be subject to arrest under Chapter 90-18-A.
