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Posted on: September 10, 2018

NEW - Construction By-law

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Town Meeting approved the following to be added to the Town's Code of By-Laws:

CONSTRUCTION

Section 1 Statement of Purpose

The purpose of this Construction By-law is to allow the Town of Winchester to establish reasonable limitations on the hours of construction in order to lessen the impact of construction on its citizens and their quality of life.

Section 2 Definition

Construction Any site or building preparation, erection, grading, excavation, demolition, substantial repair, alteration, or assembly, preparation, or mobilization for any such activity on public or private property, structures, or utilities. “Construction” shall not include work performed by a property owner on his or her own property and not for compensation.

Section 3 Construction Times

Construction, as defined above, shall be conducted only between 7:00 a.m. and 6:00 p.m. weekdays, and 9:00 a.m. and 5:00 p.m. Saturdays. No construction is permitted on Sundays or holidays except where permitted by state law, in which case construction shall be permitted only between 9:00 a.m. and 5:00 p.m.

Section 4 Exceptions

This bylaw shall not apply in the following circumstances: 

  • Where an exemption from this By-Law has been allowed by the Police Department for necessary construction that could not be performed on any other day without serious suffering, loss, damage or public inconvenience. Any such permission shall cover not more than one day and may include reasonable terms and conditions. The Police Department has sole discretion over the issuance of such permissions.
  • Construction to address emergencies that require immediate action to prevent or alleviate physical injury to a person(s) or damage or threatened damage to a property(ies), but only to the extent necessary to prevent or alleviate injury or loss.
  • The restoration of public utilities.
  • At the Town Manager’s discretion, construction by the Town of Winchester or contractors, employees, or other laborers working on its behalf.

Section 5 Penalties and Enforcement

 This By-law shall be enforceable pursuant to G.L. c. 40, § 21D, through non-criminal disposition by the Building Commissioner or any Town of Winchester Police Officer. Any person who violates this By-law shall be subject to a fine of $100 for a first offense, $200 for a second offense, and $300 for the third and each subsequent offense. Each day in violation shall constitute a new offense.



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