HomeMy WebLinkAbout1989-11-09-HEN-min.pdf SELECTMEN S ADVISORY COMMITTEE ON HEAVYU EQUIPMENT AND NOISE
Minutes from November 9 1989 Meeting
The meeting was cas ed to order at 8 10 p m All members
were present The minutes from the October 26 1989 meeting
were approved with the correction that Betty Flynn s neighbors
not herself had contacted the Lexington Police in regard to the
Brookhaven development
Chris began by presenting the current legal ground for
challenging loud noise produced during off-hours He
confirmed that disturbing the peace is prohibited by state
statute ( Mass Gen L ch 272 Sec 53 ( 1989) ) Furthermore
reported that "suppressable and preventable industrial and
commercial sources of sound are prhibited by the Department of
Environmental Quality Engineering regulations (310 C M R
7 10) This regulation however simply outlaws excessive
preventable noise It does not regulate the hours of operation
for lawful activities which produce loud noise However Chris
reported that loud noise produced during off-hours" could be
enjoined on common law nuisance grounds (see e g Nugent v
Melville Shoe Corp 280 Mass 469 (1932) ) Tom agreed stating
that loud noise produced during conventional sleeping hours
would constitute either a public or a private nuisance for
which an injunction could issue In addition Betty was
notified that a certain state statute provides for the abatement
of nuisances (Chris subsequently checked this and confirmed
that a local board of health may order the owner or occupant of
a private premises to cease any noisanne activity which
constitutes a nuisance (Mass Gen L ch 111 Sec 143) ]
Accordingly Tom concluded that legal recourse already exists
under the provisions of state statutes and case precedent and
he questioned the need for a town bylaw Jim stated that in his
experience with the construction industry police respond to
citizen complaints about early morning noise by prohibiting the
contractor from beginning work prior to 7 00 a m In most
instances Jim said that the contractor complies Istvait
reiterated that any regulation should concern itself with hours
of operation rather than levels of noise but stated that there
should also be an ultimate decided level which cannot be
exceeded
Next members reported the findings of their research into
noise regultion by neighboring cities and towns In general
two different means were employed to regulate noise-producing
nuisances The first method which is the one currently used in
Lexington is the good neighbor law This appraoch consists
of a tacit agreement not to create loud noise between dusk and
dawn These unwritten laws are enforced by the police under
existing disturbing the peace and nuisance laws Neighboring
municipalities using this method reported success but stressed
the need for active police enforcement The second method
tl
t
which was been utilized by a handful of neighboring
municipalities consists of the enactment of a local bylaw or
ordinance which explicitly regulates the hours of operation for
noisy acrivity By and large, these regulationSrestricted the
hours of operation for noise—producing activity from 7 00 a m
to dues( from Monday through Saturday Local police are
empowered to enforce these regulations with a decibel meter and
to assess a fine against operators exceeding the maximum
descibe level permitted It was pointed out that efforts to
enact similar bylaws in Stoneham and Framingham have recently
been rejected by their town meeting members Evidenty the
respective regulations proposed were viewed as too broad an
infringement on individual residents freedom In other towns
however these types of regulations have been successful and
have not been challenged by voters The specific results of
this research will be included with the committee s final
report to the Selectmen
Joy suggested that the committee interview various Lexington
Town officials to ascertain the need and suppport for a local
bylaw Officials to be contacted include the following Jackie
Smith (Selectmen) Chief Furden (Police Department) Chief
Bergeron (Fire Department) Rick White (Town Manager) George
Smith (Board of Health) Steve Frederickson (Building Comm )
and Joe Marino (Code Enforcement)
The meeting was adjourned at 10 55 p m The next meeting is
on November 30 1989 at 8 00 p m in the Town Office Building