Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. There is hereby established in the town of Marblehead a harbors and waters board hereinafter referred to as the board. The board shall consist of five regular members and not more than three alternate members, all of whom shall be appointed by a majority vote of the board of selectmen. Such members shall to the extent possible be versed in the policy and direction of the harbors and waters of Marblehead. Members shall serve for a one year term.

Members shall be appointed annually. Any vacancy occurring shall be filled for the remainder of the unexpired term. The board shall designate one member as chairperson and one member as secretary for terms of one year and may reappoint such persons as chairperson and secretary.

Three members shall constitute a quorum and the affirmative vote of three members shall be necessary for any action taken by vote of the board.

Alternate members shall substitute for absent regular members at meetings of the board and shall have all the powers of and for all purposes be considered as regular members when substituting for regular members.

The members shall serve without compensation.

SECTION 2. The board is hereby authorized and empowered:

(a) to develop a harbor management plan;

(b) to mandate procedures, controls, rules and regulations consistent with and pursuant to chapter twenty-one of the town of Marblehead by-laws; establish long-range plans for recreational boating, commercial fishing and water-dependent development projects; confirm the enforcement powers of town, state and federal authorities; recommend fees for town-operated facilities and designate fines for violations;

(c) to work with the harbormaster in enforcing chapter twenty-one of the by-laws of the town of Marblehead and the rules and regulations of the harbors and waters of Marblehead;

(d) to research, publicize and assist in the complementation of rules and regulations of the department of environmental quality engineering promulgated under the provisions of chapter ninety-one of the General Laws and licensing procedures of the army corps of engineers;

(e) to provide for the orderly placement or arrangement of existing and future moorings in the harbor in cooperation with the harbormaster;

(f) to act as liaison between the town of Marblehead and the United States Army corps of engineers, division of wetlands and waterways of the department of environmental quality engineering, and the Massachusetts office of coastal zone management;

(g) to review and make recommendations on proposed zoning changes for land bordering the harbors and waters of Marblehead. Such recommendations shall be forwarded in written form to the planning board;

(h) to meet at least once a month; and

(i) to prepare an annual budget.

SECTION 3. The geographic jurisdiction of the board is as follows:

The waters between the shores of the town and a line dividing the town of Marblehead and the town of Swampscott, running from Phillips beach at the end of Seaview avenue, as defined by the Harbor and Land Commissioners under chapter one hundred and ninety-six of the acts of eighteen hundred and eighty-one, across Great Pig Rocks to a point southwesterly of the bell at Outer Breakers thence along a line northeasterly to a point southwesterly of Halfway Rock thence northwesterly to Satan Rock thence in line to Mid Channel Rock off Eagle Island to a point in the line dividing the town of Marblehead and the city of Salem as defined by the Harbor and Land Commissioners under chapter one hundred and ninety-six of the acts of eighteen hundred and eighty-one. Said point being in the water space between said town and city, said point being also in a straight line drawn from the mainland of said town of Marblehead near Peaches Point to Curtis Point in the city of Beverly, the distance between said point and the mainland near Peaches Point; thence turning and running in a general westerly, southwesterly, southerly and southwesterly direction along the said line dividing the town of Marblehead and the city of Salem as defined by said Harbor and Land Commissioners to a point at or near the mouth of the Forest River.

SECTION 4. The board of selectmen of said town may revoke any and all acts of the board by a majority vote taken within thirty days of such act. The board shall transmit to the administrative assistant of the board of selectmen the minutes of each meeting within fourteen days of the close of such meeting.

SECTION 5. The board shall at all meetings provide a period of time for members of the public to be heard.