Any use permitted by right or special permit in any district
shall not be conducted in a manner as to emit any dangerous, noxious,
injurious or otherwise objectionable fire, explosion, radioactivity
or other hazard, noise or vibration, smoke, dust, odor or other form
of environmental pollution; electrical or other disturbance; glare;
liquid or solid refuse or wastes; conditions conducive to the breeding
of insects or rodents; or any other substance, condition or element
in an amount as to affect adversely the surrounding environment. The
following standards shall apply:
A. Emissions shall be completely and effectively confined within the
building or so regulated as to prevent any nuisance, hazard or other
disturbance from being perceptible, without the use of instruments,
at any lot line of the premises on which the use is located.
B. All activities and all storage of flammable and explosive materials
at any point shall be provided with adequate safety devices against
fire and explosion and adequate fire-fighting and fire-suppression
devices and equipment, as approved by the Chief of Fire Department.
C. No activities that emit dangerous radioactivity at any point, no
electrical disturbance adversely affecting the operation at any point
of any equipment, other than that of the creator of such disturbance,
shall be permitted.
D. No air emission shall be permitted except in accordance with the
regulations for the control of air pollution in the Metropolitan Boston
Air Pollution District under MGL c. 111, § 142D.
E. No emission which can cause any damage to the health of animals or
vegetation or which can cause excessive soiling at any point, and
in no event any emission of any solid or liquid particles in a concentration
exceeding 0.5 milligram per liter or parts per million of conveying
gas or air shall be permitted.
F. No discharge, at any point, into a private sewer system, stream,
the ground or a municipal sewage disposal system of any material in
such a way or of such a nature or temperature as can contaminate any
running stream, water supply or otherwise cause the emission of dangerous
or objectionable elements and accumulation of wastes conducive to
the breeding of rodents or insects shall be permitted.
G. No emissions of odorous gases or odiferous matter in such quantities
as to be offensive shall be permitted. Any process which may involve
the creation and/or emission of any odors shall be provided with a
secondary safeguard system. No objectionable odor greater than that
caused by 0.001202 per thousand cubic feet of hydrogen sulfide or
any "odor threshold" as defined in Table III in Chapter 5 of Air Pollution
Abatement Manual, copyright 1951, by Manufacturing Chemists Association,
Inc., of Washington D.C., shall be permitted. No direct sky-reflected
glare, whether from floodlights or from high-temperature processes
such as welding, shall be permitted.
Purpose. Pursuant to the authority conferred upon the Town by
MGL c. 40, § 21, the following is adopted for the regulation
and restriction of unnecessary, excessive and annoying noise and vibration
in the Town of Braintree. It is declared to be the policy of the Town
of Braintree to prohibit such noise and vibration from or by all sources
as set forth in this bylaw. Because it has been determined that certain
noise levels and vibrations are detrimental to the public health,
welfare, safety and convenience as well as contrary to the public
interest, these standards have been set forth by the Town of Braintree
to declare that creating, maintaining, causing or allowing to be created
any noise or vibration in a manner prohibited by or not in conformance
with these standards is a public nuisance punishable as set forth
in this bylaw.
The terms used in this bylaw shall be defined as follows:
AMBIENT NOISE LEVEL
The all-encompassing noise level associated with a given
environment, excluding any alleged condition of noise pollution.
A-WEIGHTED SOUND LEVEL
The sound pressure measured on a sound-level meter using
the A-weighting network. The level read is designated DB(A) or DBA.
BUSINESS
A business area is any area included within a district zoned
for business under the Braintree Zoning Bylaws. It does not include
any area within a district zoned for residential purposes under the
Zoning Bylaws, as herein defined, regardless of whether the area is
being lawfully used or is available for such use through a variance
granted by the Board of Appeal or through a nonconforming use or by
any other means.
COMMERCIAL
A commercial area is any area included within a district
zoned for commercial, under the Zoning Bylaws. It does not include
any area within a district zoned for residential purposes under the
Zoning Bylaw, as herein defined, regardless of whether the area is
being lawfully used or is available for such use through a variance
granted by the Board of Appeal or through a nonconforming use or by
any other means.
CONSTRUCTION
Any site preparation, assembly, erection, substantial repair,
alteration, or similar action (demolition excluded) for or of public
or private right-of-way, structures, utilities or similar property.
DAYTIME
The time between the hours of 7:00 a.m. and 6:00 p.m. each
weekday excepting Sunday in accordance with the time system locally
in effect.
DEMOLITION
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces, or similar property.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
L 10
The A-weighted sound level exceeded 10% of the time.
MOTORCYCLE
As defined in MGL c. 90, § 1, Definitions.
NOISE POLLUTION
Any sound at or above the level set forth in Article
XI of this bylaw which exceeds the ambient noise level designated for the receiving land use category when measured at or within the property boundary of the receiving land use, plus any sound which:
(1)
Endangers the safety of or could cause injury to the health
of humans or animals; or
(2)
Annoys or disturbs a reasonable person of normal sensitivities;
or
(3)
Endangers or injures personal or real property.
PERSON
Any individual, association, partnership, or corporation
including any officer, employee, department, agency or instrumentality
of the state recognized by law as the subject of rights and duties.
RESIDENTIAL AREA
A residential area is for residential purposes under the
Zoning Bylaw. It includes Districts A, B and C as defined in the Braintree
Zoning Bylaw.
SOUND LEVEL
The weighted sound-pressure level obtained by the use of
a sound-level meter and frequency weighting network XI-3 such as A,
B, or C as specified in the American National Standards Institute
specifications for sound level meters (ANSI).
SOUND-PRESSURE LEVEL
Twenty times the logarithm to the base 10 of the pressure
of the sound to a reference pressure of 20 micro-pascals, in accordance
with standard engineering and scientific practices.
VIBRATION
Any movement of earth, ground or other similar surface created
by a temporal and spatial oscillation of displacement, velocity or
acceleration in any mechanical device or equipment located upon, attached,
affixed or in conjunction with that surface.
[Amended 5-12-1987 ATM by Art. 55]
ZONING DISTRICTS
The zoning districts and land uses established by the Zoning
Bylaw of the Town of Braintree.
No person shall operate or cause to be operated a public or
private motor vehicle or motorcycle on a public right-of-way at any
time in such a manner that the sound level emitted by the motor vehicle
or motorcycle exceeds the following limits. Motor vehicle and motorcycle
sound limits to be measured would be at a distance of 50 feet or approximately
15 meters from the center line of travel.
|
Sound level in DBA
|
---|
Vehicle Class
|
Speed Limit
35 mph or Less
|
Speed Limit
Over 35 mph
|
---|
Vehicles in excess of 10,000 pounds engaged in interstate commerce
as permitted by 40 CFR 303, Environmental Protection Agency(Noise
emission standards for motor vehicles engaged in interstate commerce)
|
86
|
90
|
All other vehicles of 10,000 pounds or more
|
86
|
90
|
Any other motor vehicle or combination of vehicles towed by
any motor vehicle
|
78
|
82
|
Motorcycles
|
82
|
86
|
The Braintree Police Department and/or the Inspector of Buildings
shall be charged with the enforcement of this bylaw.
Appeals of an adverse decision shall be made to the Superior
Court. The Court's review shall be limited to whether the decision
was supported by substantial evidence.
The provisions contained within this bylaw shall not relieve
any person from complying with other laws, statutes, codes, regulations
or bylaws of the Commonwealth of Massachusetts or the Town of Braintree.
If any of the provisions of this bylaw are held to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, the remaining
provisions will remain in force.