Framingham subcommittee backs recommendation to restrict gasoline-powered boats, personal watercraft on small waters

Framingham’s Rules, Ordinance and Ethics subcommittee on Monday voted unanimously to recommend the City Council consider an amendment to the city’s watercraft ordinance that would ban gasoline-powered/internal-combustion motorboats and personal watercraft on waters under 75 acres.

The recommendation follows a city solicitor memo reviewed at the meeting that, in preliminary language read aloud by Councilor Adeviani, says in part: “Nothing in this section shall be construed as prohibiting any city or town from regulating by ordinance… such waters of the Commonwealth as lie within the city or town.” Councilor Adeviani read that passage while presenting the solicitor’s response to a committee question about state preemption.

The recommendation matters because it moves a draft ordinance that the committee described as slightly more restrictive than current city rules toward a public hearing and two readings at the full City Council. Councilor Christine Long made the motion to approve the written amendment as presented; another councilor seconded it. The committee voted: Councilor Adeviani — yes; Councilor Long — yes; Councilor Bryant — yes.

Committee members said they want a formal, comprehensive legal opinion before the City Council finalizes the ordinance. The city solicitor’s memo, provided in response to an email dated Jan. 9, 2025, said a full formal opinion would require additional research and review but cited Massachusetts General Laws, Chapter 90B, Section 15B (M.G.L. c.90B §15B) as authorizing cities and towns to regulate vessels and activities on waters within their boundaries, subject to state procedures for approval and publication.

Committee members discussed two implementation items the memo raised. First, the solicitor’s memo notes that local ordinances affecting waters may require approval by the state director and publication before they take effect. Second, Councilor Malek had circulated stricter sample ordinances from other municipalities, which members said they used as references while drafting their version.

Councilor Malek said she had made minor grammatical edits since the prior meeting and “added specifically that it was gasoline powered engines,” language the committee agreed reflected the group’s prior discussion. Members asked staff to include the solicitor’s memo in the background materials for the City Council packet.

The subcommittee directed staff to advertise the item for a public hearing. Committee members said the ordinance is slated for public hearing on Feb. 4 and for two council readings on Feb. 4 and Feb. 25; the subcommittee’s next meeting was set for Feb. 10.

Residents who attended identified themselves and were acknowledged during public participation; Phil Reitz and Bill Rice spoke briefly but did not alter the committee’s recommendation. The committee closed the meeting after approving the recommendation and routine minutes.

The ordinance remains a recommendation until the full City Council holds the advertised public hearing and votes on the amendment. The committee requested the solicitor provide a formal written opinion to be included with the council materials before final action.