[HISTORY: Adopted by the Town Meeting of the Town of Lynnfield
as indicated in article histories. Amendments noted where applicable.]
A.
The Select Board of Lynnfield, acting under the authority of Chapter
656 of the Acts and Resolves of the Legislature of Massachusetts of
the year 1956, adopted regulations on May 1, 1958, and amended them
on August 10, 1998, and August 16, 2021.
B.
The rules and regulations relative to fishing have been approved
by the Division of Fisheries and Game of the Department of Natural
Resources, and all other rules and regulations have been approved
by the Executive Office of Environmental Affairs, as required by the
said enabling legislation.
C.
These rules and regulations are made up with the consideration that
Pillings Pond is an artificial pond. In 1831 there was no pond, only
Bates Brook flowing into Reedy Meadow. Some time prior to 1846 a dam
was installed for the operation of a water mill thus creating Pillings
Pond. (See proceedings in the case of Josiah Newhall, et al. v. Jonathan
Pillings, recorded in the Office of the Clerk of Courts, Essex County,
Book 107, Page 312.)
A.
These rules and regulations have been designed to provide standards
for all activities upon Pillings Pond. They are established to meet
objectives, including but not limited to the following:
B.
These rules and regulations may include but are not limited to restricting,
prohibiting, permitting or regulating the uses on Pillings Pond.
The Select Board shall be the permit/license granting authority
under these rules and regulations. The Select Board shall use its
discretion as to issuing permits in consideration of the comfort and
well-being of residents near Pillings Pond, and has the right to revoke
or suspend same if they deem it detrimental to the safety and comfort
of the residents near Pillings Pond.
These rules and regulations do not relieve the necessity of
complying with all other applicable federal, state, or local statutes,
bylaws, or regulations. Nor do they grant any property rights or any
exclusive privileges. They do not authorize any injury to private
property or invasion of private rights.
The only structures allowed on or adjacent to Pillings Pond
shall be docks subject to these rules and regulations.
A.
Area. Docks shall not exceed a total area of 100 square feet.
B.
Height. Docks shall not exceed a total height of four feet above
the water surface, provided that safety railings shall not be included
in determining said height.
C.
Spacing. Each abutter to Pillings Pond shall be allowed to have at
least one dock. Docks are not permitted within 50 feet of another
dock and must not be installed in such a location as would prohibit
an abutter from installing a dock. The Select Board shall have the
discretion to have docks moved to achieve such spacing.
D.
Special permit. For those cases where an applicant cannot meet the
requirements of this section on docks, the Select Board, after notice
by publication at least 14 days prior to a public hearing, may issue
a special permit for a lesser requirement.
E.
Lighting. Dock lighting shall be limited to a total of 100 watts.
Further:
(1)
Lighting shall be white non-flashing;
(2)
Lighting shall not extend more than 12 feet above the water surface;
(3)
Lighting shall be directed in a downward direction such that it does
not interfere with others' enjoyment of their property;
(4)
Red/green marker lights shall be permitted at dock's edge; and
(5)
All lighting specified shall be turned off before 11:00 p.m. unless
permitted for special events declared by the Select Board.
F.
Railings. Optional safety railings shall not exceed a height of 3.0
feet above the dock's surface.
G.
Dock license. All docks must be licensed. The fee for said license
shall be $5.
No person shall annoy another person, or utter any profane,
threatening or abusive language or loud outcry, or solicit any subscription
or contribution; or have possession of or drink any intoxicating liquor;
or play any game of chance; or have possession of any instrument of
gambling; or do any obscene or indecent act on the waters of Pillings
Pond.
No person shall throw any stone or other missile, or have possession
of any firecracker, torpedo or fireworks; or, except with the written
authority of the Select Board, engage in business, sell or give away
any goods, wares or circulars; or post, paint, affix or display any
sign, notice, placard or advertising device; or have possession of
or discharge any firearm on or over the waters of Pillings Pond.
No person shall bathe in the waters of Pillings Pond except
in a costume proper for bathing purposes and either at a place designated
therefor or with the consent of the owner or person in possession
of the land immediately adjoining such place. All public bathing shall
end at 8:00 p.m.
No person shall throw, drop or place in the waters of Pillings
Pond any wastepaper, rubbish, brush, leaves, or refuse; or, without
a written permit from the Select Board.
Whoever shall at any time make an opening in the ice of Pillings
Pond exceeding 12 inches in diameter shall properly guard such opening
by lights, ropes or brush so as to prevent accidents.
Every owner of, or person in control of, a motor boat or boat
propelled by other than muscular power upon the waters of Pillings
Pond, or iceboat or any motor-driven vehicle upon the pond when frozen,
shall register the same with the Select Board, which registration
shall state the length, the size, the seating capacity and condition
of the boat, the character of the motor power, horsepower, and number
of cylinders, and shall state what equipment, if any, is provided
in said boat, for the purpose of reversing the same, and all other
appliances required by law. No person in control of any boat shall
permit more persons on board than the seating capacity provides. The
holders of each permit issued as aforesaid will be assigned a number
by the Select Board which shall appear in letters or numerals at least
three inches high and three inches above the water line on the bow
of the boat so that it can be plainly visible from either side. (The
assigned number can be on removable boards.)
No person operating a craft propelled by other than muscular
power shall pass another craft within 50 feet nor circle around any
craft in such a manner as to annoy or endanger the occupants of other
craft, nor pass between moored rafts or floats and the shore. No craft
shall operate at a speed that endangers the life, limb or property
of any person. No towline shall exceed 50 feet from the point of contact
on the towboat to the object being towed. The Select Board may on
application issue permits for parades, races, or special events on
stated occasions.
No person shall row or paddle a boat or canoe unless able to
control or handle the same with safety to himself and others; or in
such a manner as to annoy or endanger the occupants of other boats
or canoes; or neglect or refuse to stop the same or to place the same
when stopped as directed by a police officer in uniform or who displays
his badge; or abandon a hired boat or canoe or leave the same unattended
by some person or fail or neglect to return the same to the place
from which it was hired except with the written consent of the owner;
and no boats or canoes of any description shall be rented to any person
under the influence of intoxicating liquors.
No person shall operate a motor or other power boat of any description
during the period from one hour after sunset until one hour before
sunrise at a speed exceeding 10 miles per hour and there shall be
attached to the same a white light aft to show all around the horizon.
No other lights are permitted except by written permission of the
Select Board. Said boat shall be equipped with a proper muffler or
underwater exhaust. All craft shall operate at a reasonable speed
on Pillings Pond.
When any person having charge of a vessel, canoe, boat or motorboat
meets another such vessel in a head-and-head manner, that is, head
on, or nearly so, it shall be the duty of each craft to pass on the
right side of the other. But, if the course of such vessel, canoe,
boat or motorboat is so far on the left side of each other as not
to be considered as meeting head and head, each shall pass on the
left side of each other. When any person, having charge of a vessel,
canoe, boat or motor boat, overtakes another vessel, canoe, boat or
motorboat, it shall be the duty of the person in charge of the overtaking
boat to pass on the left side.
Persons engaging in the business of renting boats and canoes
to be used upon the waters of Pillings Pond shall obtain a permit,
which shall cost $5 and shall expire on December 31. Application for
permit to register must be made by the boat owner or his agent and
can be obtained from the Clerk of the Select Board.
A.
Any person who violates any rule or regulation or order of said Select
Board shall be punished by a fine of not more than $20.
B.
Application for a permit must be made by the boat owner or his agent
and can be obtained from the Clerk of the Select Board.
C.
The Select Board shall use its discretion as to issuing permits in
consideration of the comfort and well-being of residents in the area
of Pillings Pond, and has the right to revoke or suspend the registration
of any boat it deems detrimental to the safety and comfort of such
residents.
Every provision of the rules and regulations for Pillings Pond
is intended to be severable, and the invalidity or illegality of any
portion of said section shall not affect the validity or legality
of the remainder hereof.
