2024-03-18 SB Packet - Released - Laserfiche WebLink

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LEXINGTOIV TOWN MEETING AMENDMENT FORM ARTICLE N U M BER: 29a DATE: 03/13/2024 � Matthew Daggett , move to Amend the Motion By substituting the following sections from part A of the motion, as follows: Replace §80-4A(i)with: Contractors are permitted to operate tools or equipment used in construction, excluding ledge work, in a manner such that this operation creates noise across a real property boundary that would disturb a reasonably prudent person only on weekdays between the hours of 7:00 a.m. and 5:00 p.m. and on Saturdays between the hours of 9:00 a.m. and 5:00 p.m. Such operation is not permitted on Sundays and legal holidays. Replace §80-4A(ii)with: Residents are permitted to operate tools or equipment used in construction, excluding ledge work on their own property, in a manner such that this operation creates noise across a real property boundary that would disturb a reasonably prudent person only on weekdays between the hours of 7:00 a.m. and 9:00 p.m. and on Saturdays, Sundays and legal holidays only between the hours of 9:00 a.m. and 5:00 p.m. Replace §80-4A(iii)with: Blasting and the use of powered equipment for ledge work and in the breaking of pavement, including but not limited to hydraulic or pneumatic hammers, by contractors and residents is permitted on weekdays only between the hours of 9:00 a.m. and 5:00 p.m. and is not permitted on Saturdays, Sundays, and legal holidays. In addition, contractors and residents shall be required to comply with all applicable noise mitigation measures and requirements as provided by§80-8 of this by-law. Replace §80-8(ii)with: A noise mitigation plan required under this § 80-8 shall, at a minimum, require: (a)The use of portable sound barriers specifically designed for mitigating noise to reduce sound levels outside the barriers by at least 10 dB(A), surrounding and installed as close as practicable to the source of the noise. These barriers must reduce construction noise to prevent noise injury to Town residents. (b)That the maximum noise sound levels from all noise sources be under 85 dB(A) at the property line. (c)A site plan showing the site boundaries, the locations of proposed ledge work, the locations and range of movement of each proposed noise-producing equipment to be employed, and the locations of nearby residents on all sides of the site. (d)The use of specialized monitoring equipment for the measurement of noise as defined by§ 80-6, to be collected throughout the periods defined by§ 80-4A, unless waived by the Building Commissioner. Collected monitoring data and compliance reporting shall be made available to the Building Department at regular intervals or upon request. Replace §80-8(v)with: In addition to the general enforcement provisions of Chapter 80, the Building Department in conjunction with the Public Health Department shall have the power to enforce this section. Additionally, the Building or Public Health Department shall maintain a record of all complaints received regarding projects subject to noise mitigation plans, to include at a minimum, the date and nature of the complaint, a summary of the adjudication of the complaint, and any corrective or enforcement actions taken. Examples of text for amendments may include statements such as: By striking the words... By adding the By striking in its entirety Section ( ) Paragraph ( ) ... Following... And by substituting the words... And by substituting in its place the following Secfion ( ) Paragraph ( ) ... Acfi'on Taken: Pass Fail Unanimous Majority Other