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:
The all-encompassing noise level associated with a given
environment, excluding any alleged condition of noise pollution.
The sound pressure measured on a sound-level meter using
the A-weighting network. The level read is designated DB(A) or DBA.
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.
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.
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.
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.
The unit by which the sound level is measured.
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces, or similar property.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
All motor vehicles having a gross vehicle weight in excess
of 10,000 pounds.
The A-weighted sound level exceeded 10% of the time.
All motor vehicles having a gross vehicle weight of 10,000
pounds or less.
As defined in MGL c. 90, § 1, Definitions.
As defined in MGL c. 90, § 1, Definitions.
A device for abating the sound of escaping gases of an internal
combustion engine.
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:
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.
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.
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).
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.
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]
The zoning districts and land uses established by the Zoning
Bylaw of the Town of Braintree.
A.
General prohibition of noise emissions. No person owning, leasing
or controlling the operation of any source of noise shall willfully,
negligently or through failure to provide necessary equipment or facilities
or to take necessary precautions permit the establishment or continuation
of a condition of noise pollution.
B.
Specific prohibitions. Except for emergency work or work covered under a permit granted by the Board of Selectmen or its designee under this Article XI, causing or allowing the occurrence of the following acts is declared to be in violation of the provisions of this bylaw:
(1)
Operating, playing or permitting the operation or playing of
any radio, television, phonograph, musical instrument, sound amplifier,
or similar device which produces, reproduces or amplifies sound in
a manner that disturbs the peace, quiet and comfort of the neighboring
inhabitants or at a volume louder than is necessary for the convenient
hearing of the person in the room, vehicle, or building in which the
device is operated. The operation of any such device between the hours
of 10:00 p.m. and 7:00 a.m. on the weeknights and between 12:00 p.m.
and 7:00 a.m. on weekend nights in a manner that makes it clearly
audible at a distance of 50 feet or approximately 15 meters from the
building, structure or vehicle in which it is located is a violation
of the standards set forth in this bylaw. Activities open to the public
for which a proper permit has been issued are exempted from this provision.
(2)
Yelling, shouting, hooting, whistling or singing on the public
ways between the hours of 10 p.m. and 7:00 a.m. or at any time or
place that annoys or disturbs the quiet, comfort or repose of a person
in an office, dwelling or other type of residence or of a person in
the vicinity.
(3)
The keeping of an animal or bird which frequently and for continued
periods of time causes a condition of noise pollution that disturbs
the comfort and repose of a reasonable person in the vicinity at any
time but most specifically between the hours of 10 p.m. and 7:00 a.m.
(4)
The offering for sale or selling of anything by shouting or
outcry within a residential or commercial area of the Town of Braintree.
(5)
The loading, unloading, opening, closing or other handling of
boxes, crates, containers, building materials, garbage cans, or similar
objects in a manner that causes a condition of noise pollution at
any time but most specifically between the hours of 8:00 p.m. and
7:00 a.m. across a real property boundary in any district established
under the Zoning Bylaw.
(6)
Operating or permitting the operation of tools or equipment
used in construction, drilling or demolition work between the hours
of 8:00 p.m. and 7:00 a.m. on weekdays or at any time on Sundays or
holidays so that the sound creates a condition of noise pollution
across a real property boundary.
(7)
The operation of construction devices between the hours of 7:00
a.m. and 8:00 p.m., including such items as compressors, jackhammers,
bulldozers, cranes, etc., in a manner that causes a condition of noise
pollution that could be avoided by the application of best available
technology, which might include mufflers where commercially available.
(8)
The direct discharge into the open air of the exhaust of a steam
engine, internal combustion engine such as chain saws, jackhammers,
etc., motor boat, or motor vehicle except through a muffler or other
such device, where commercially available, designed to effectively
prevent them from creating loud or explosive noises.
(9)
Operating or permitting the operation of any device that creates
or causes any ground vibration which is perceptible without instruments
at any point outside the property, street or sidewalk on which the
vibration source is located.
A.
Except as provided in § 135-1106, no person shall operate or cause to be operated any source of sound in a manner that creates a sound level which exceeds the ambient noise level set forth for the receiving land use category in the following table when measured at or within the property boundary of the receiving land use.
|
Receiving Land Use Category
|
Item
|
Sound Level Limit (DBA)
| |
|---|---|---|---|
|
Residential A, B and C
|
Daytime
|
60
| |
|
Open space
|
All other times
|
50
| |
|
Business
|
At all times
|
65
| |
|
Commercial
|
At all times
|
70
|
B.
No person shall sell or rent, or cause to be sold or rented, any
structures or property to be used for human habitation where the structure
or property is exposed to sound levels which are for 50% of the time
in excess of the standards set forth in this bylaw without written
disclosure of said condition. The Board of Selectmen shall develop
a standard format for these written disclosures.
A.
Except as provided in § 135-1104B, it shall be unlawful of any person to operate any construction device on any construction site if the operation of that device emits noise measured at the lot line of the affected property in excess of the following values:
|
Use of Affected Property
|
L 10 Level
|
Maximum Noise Level
| ||
|---|---|---|---|---|
|
Residential A, B and C
|
75 DBA
|
86 DBA
| ||
|
Business
|
80 DBA
|
—
| ||
|
Commercial
|
85 DBA
|
—
| ||
|
Public way
|
85 DBA
|
—
|
B.
The L 10 level shall be determined by making 100 observations on
the A-weighted network with the sound-level meter at slow response
at ten-second intervals. During any of these observations if a measurement
is substantially affected by a source outside of the construction
site, these measurements will not be considered. Observations will
be continued until 100 valid observations have been recorded. The
L 10 level will be equivalent to the 10th highest level recorded.
|
If the person taking measurements estimates that outside noise
sources contribute greatly to the noise of the construction site,
the aforementioned procedure shall be repeated when construction is
inactive in order to correctly determine the L 10 level. The L 10
level during construction must be greater than the background L 10
level by at least five DBA to be considered in violation of the provisions
of this regulation.
|
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.
A.
Provisions in this bylaw shall not apply to the emission of sound
for the purpose of alerting persons to the existence of an emergency
or to the emission of sound in the performance of emergency work.
B.
The Board of Selectmen or its designee may give a permit for any
activity otherwise forbidden by the provisions of this bylaw. A person
seeking such a permit should make written application to the Board
of Selectmen or its designee on the appropriate form which is available
at the office of the Selectmen.
C.
The Board of Selectmen or its designee shall issue guidelines defining
the procedures to be followed in applying for a permit and the criteria
to be considered in the decision of whether to grant one.
D.
The Board of Selectmen or its designee shall issue guidelines defining
procedures to be followed in applying for an extension of time to
comply with the provisions of these regulations and the criteria to
be considered in the decision of whether to grant it. The guideline
should include reasonable time frames for compliance.
E.
Application for a permit for construction or repair work to be performed
on a Sunday shall be made to the Inspector of Buildings.
F.
In some instances, when it can be demonstrated that bringing a source
of noise into compliance with the provisions of this bylaw would create
undue hardship on a person or the community, a permit may be granted
for continuing the noise pollution. A person seeking a permit must
make written application to the Board of Selectmen or its designee
within five days of receiving notification that s(he) is in violation
of the provisions of this bylaw. The application shall contain the
necessary information to support the applicant's claim. If the Board
of Selectmen or its designee finds that sufficient controversy exists
regarding the application, a public hearing shall be held by the Board
of Selectmen or its designee. A person who claims that allowance of
such continuance would have adverse effects may file a statement with
the Board of Selectmen or its designee to support this claim.
G.
If the Board of Selectmen or its designee orders abatement of a source
of noise pollution, a person who feels (s)he cannot meet the stated
time schedule for compliance may file an application for an extension
of time. A written application must be filed within five days of receipt
of notification of violation and shall contain information that supports
the request for additional time to comply and shall propose a new
compliance schedule. If the Board of Selectmen or its designee finds
that sufficient controversy exists regarding the application, a public
hearing may be held. A person who claims that the allowance of an
extension of time would have adverse effects may file a statement
with the Board of Selectmen or its designee to support this claim.
A.
The Board of Selectmen or its designee shall hold a public hearing
if sufficient controversy exists regarding the issuance of a permit
under this bylaw and may hold a public hearing if an extension of
time to comply under the provision of this bylaw is requested.
B.
Resolution of the controversy will be based upon the information
supplied by both sides in support of their individual claims and will
be in accordance with the procedures defined in the appropriate guidelines
issued by the Board of Selectmen.
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.
