[Adopted 12-4-2018]
Unless otherwise noted in this article, all site plan review
requirements of this article shall apply to farm entertainment events.
Any number of low-impact events per year may be held at any
time during weekend operation hours or weekday operation hours.
Farm entertainment events that generate noise greater than a
low-impact event but less than the testing standard as measured at
a testing location shall be limited to a maximum of 26 per year. The
Planning board may specify a lower number of events per year for initial
permits, which may be subject to future increases.
Parking lot construction need not comply with the site plan parking standards specified in Subsection 3.4.27 § 380-1.20B(8)(a). A parking area plan in compliance with § 240-5.1C to E of the Zoning Bylaw shall be submitted for review and approval.
Any proposed signs shall be shown on the site plan and must conform to § 240-5.2 of the Zoning Bylaw.
The applicant shall create and preserve recorded test results
using approved test equipment at least once during each event and
shall submit all such permit holder test results to the Planning Board
upon request.
Other parties may submit other recorded test results if they
wish.
Violations of the special regulations for farm events shall
be addressed as follows:
A.
First
violation: written warning and 30 days to address problem.
B.
Second
violation: $100 fine, plus suspension of site plan permit for 30 days.
C.
Third
violation: $100 fine, plus suspension of site plan permit pending
a public hearing before the Planning Board to consider permanent revocation
of site plan permit.
As used in this article, the following terms shall have the
meanings indicated:
The sound from all sources other than the particular sound
of interest; also knows as the "background sound level." The ambient
sound measurement (A-weighted sound level) is taken when the offending
sound cannot be heard, or with the sound source shut off.
A calibrated integrating sound level meter (SLM) capable
of measuring and expressing noise levels under the sound measurement
parameters. Any ATE must be self-calibrated or externally calibrated
not more than five hours before each use. As of May 2018, an EXTECH
Model 407736 SLM meets the ATE standards.
The use of farm structures and grounds to host events on
the farm property that bring visitors to the farm. Farm entertainment
events shall not include those farming operations and activities for
which no action in nuisance may be maintained under law pursuant to
MGL c. 243, § 6, including, but not limited to, educational
conferences, fundraisers, festivals, weddings, and any and all other
personal recognition or special events.
An event for which the sound level remains equal to or below
10 dBa above the ambient sound level as measured in accordance with
sound measurement parameters at the testing location and that draws
no more than a maximum number of cars as determined by the Planning
Board at the time the permit is granted based on location and road
conditions.
Recorded test results submitted to the Planning Board by
a party other than the permit holder.
Recorded test results submitted to the Planning Board by
the permit holder.
SMP test results from a testing location, which results have
been preserved by internal ATE logging records, cell phone screen
capture, or other independently verifiable means, providing a permanent
record.
A numerical dBA level, accurate to one decimal point, derived
from testing using approved test equipment at a testing location in
accordance with American National Standard Institute (ANSI) standard
S1.4 (1971, as updated) Type 2 (as updated), using all of the following
parameters: (i) the dBA value shall be expressed in A-weighted decibels,
(ii) the dBA value shall be measured using an RMS "slow" time constant,
(iii) the dBA value shall be based on an "L50" noise percentile level
(50% of measurement period) and (iv) the dBA value will reflect "Leq(1min)"
(energy averaged noise level, one-minute interval). SMP measurements
recorded shall be taken so as to provide a proper representation of
the noise source. During SMP measurement, the microphone shall be
positioned so as not to create any unnatural enhancement or diminution
of the measured noise. A windscreen for the microphone shall be used
when required. Traffic, aircraft and other transportation noise sources
and other background noises shall not be considered in taking SMP
measurements except where such background noise interferes with the
primary noise being measured.
A location either (i) designated by the party making the
noise complaint ("complainant"), which location is designated on real
property owned by or leased to such complainant ("complainant location");
or (ii) within the public right-of-way within 10 feet of the owned
or leased real property of the nearest abutter to the farm entertainment
event, and designated by the permit holder. Each testing location
shall be not less than two feet nor more than six feet above ground
level.
Sound measurement parameters not in excess of 75.0 dBA.
Monday, Tuesday, Wednesday, or Thursday evenings, 4:30 p.m.
to 9:00 p.m. Holiday Monday: 10:30 a.m. to 9:00 p.m.
Friday and Saturday, 10:30 a.m. to 10:30 p.m.; Sunday, 10:30
a.m. to 9:00 p.m.; Sunday before a Monday holiday, 10:30 a.m. to 10:30
p.m.
