HomeMy WebLinkAbout1990-09-24 Heavy Equipment Noise Committee-HEN report .
Open House on October 6 .
HEAVY EQUIPMENT NOISE STUDY COMMITTEE
Joy Buchfirer, Chairman, and members of the Heavy Equipment
Noise Study Committee Chris Kenney, Tom Spera, and Betty Flynn were
present for an update on the Committee' s progress to date in its
studies as to ways to address the impact of heavy noise-producing
equipment used in construction. The Planning Board & Board of
Appeals had been informed of this appointment.
Chris Kenney spoke of current existing legal avenues to be
followed by those being disturbed by construction noises such as
Disturbing the Peace Regulations; Dept. of Environmental
Engineering Regulations; and Common Law Nuisance laws. In research
of ways in which other communities deal with such problems, it was
found that it is done either by tacit agreement with the developer
or explicit by-laws to be enforced by the Police or a Code
Enforcement Officer.
Selectmen' s Meeting -5- September 24, 1990
It had been found that in cases where a by-law had been enacted,
violations are considered criminal offenses, punishable by fines of
several hundred dollars which would be a small deterrent to
contractors on a tight time schedule.
An approach through the Board of Appeals, Planning Board or
Selectmen Special Permit Granting process was discussed, whereby
hours of operation would be written into the Special Permit. It
had been suggested by the Health Director that D. E.Q. E. Regulations
could, in some cases, be enforced, since not all projects are
subject to a Special Permit requirement.
Fire Chief Bergeron said that he would have an opportunity to
limit hours of work where blasting is concerned, but not drilling.
Support for a by-law had been expressed by these officials,
with revocation of permission to operate as a penalty f o r
violations.
Tom Spera said, however, that the Committee had concluded that
regulation through the Special Permit process seemed the best
method to pursue and that enactment of a specific by-law might not
be in the best interest of the Town.
Mrs. Buchfirer summarized her committee' s conclusions, and
gave the following suggestions:
1 . Hours of operation of heavy equipment could be written into
Special Permits by the Granting Authority. The suggestion was for
operation from 7 :00 a.m. to 6:00 p.m. Monday through Saturday, with
special permission by the Selectmen and Special Permit Granting
Authority for operation on Sundays or holidays;
2. Enforcement by a Code Enforcement Officer and, after the
Officer's working hours, by the Police Dept.
3 . Dissolution of current Committee and a new Committee
formed, with a Charge of a broader scope to allow the problems of
noise not generated by heavy equipment to be addressed, e. g. air
conditioners, hammering, etc.
She asked for a sense from the Selectmen as to which approach
they would wish the Committee to pursue.
Mrs. Smith urged that the Committee come to its own decision
on a recommendation and that it be included in the written report
to be submitted to the Selectmen.
Mr. Marshall and Mr. McSweeney said they would be
uncomfortable with limiting of hours of work, noting that non-noise
producing tasks could be accomplished in early hours. They
questioned a process which would involve regular on-site inspection
and pro-active enforcement.
Mrs. Smith thanked the Committee for the tremendous amount of
work they had accomplished, noting that the Planning Board and
Board of Appeals will be asked to be present when the Committee's
report has been received and decision is being made.