[Massplanners] [EXTERNAL] Updating my email

[Michael McCarthy]

Hi Bill,

We recently dealt with the contentious expansion of a recycling facility in our industrial park. They were not covered under our noise ordinance because of the location. Residents from miles away were concerned with an increase in noise from material processing and trucks as well as trucks using a residential road rather than a highway to access the park. While the board was able to get the applicant to agree to direct their trucks to take the highway route, the chair agreed with their contention that, because of other activity in the park, it would impossible to isolate noise emanating specifically from this facility. The board is also very cognizant that their conditions need to be enforceable, and as such they usually tie them to specific Planning department sign offs on permits and COs. The board and the applicant worked out a landscaped buffer and signage directing trucks not to idle or queue on certain access roads, which are both items that we can check on during a site visit. Here is the decision: https://s3.amazonaws.com/newbedford-ma/wp-content/uploads/sites/46/20201223130656/Case-20-26_100-Duchaine-Blvd_Decision_Stamped.pdf.

Good luck!

Mike McCarthy
Staff Planner
City of New Bedford




From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Bill Nemser
Sent: Monday, July 26, 2021 4:31 PM
To: MassPlanners at masscptc.org
Subject: [EXTERNAL] [Massplanners] Updating my email

Hello Planners,

We have a situation in Maynard where abutters have asked the Planning Board to require ongoing monitoring of truck delivery noise. This is for a large project in process.  Does anyone have experience with this?  Better yet, samples of a Special Permit with language to require sound monitoring for a situation like this?


  *   The Town has no noise by-laws. We defer to MASS DEP standards
  *   Town staff has no resources or expertese to conduct sound studies.
  *   The Applicant is balking at the idea of (potentially) permanently paying for sound studies.
  *   It is very difficult to rely on Town or DEP Code Enforcement in this case because by the time an enforcement officer gets to the site, usually the sound has stopped.
So in reality, Town Hall is going to end up enforcing whatever is contained in the Special Permit. Because of the situation laid out above it is going to be tough.

I would love to find a solution that gives the abutters a level of security if there is excessive truck noise, but that also would be pragmatic for the Town to enforce.

Any suggestions would be appreciated!

Thank you,

Bill

Bill Nemser, AICP, LEED AP
Planning Director
Office of Municipal Services
Town of Maynard
195 Main Street<x-apple-data-detectors://0/0>
Maynard, Ma. 01754<x-apple-data-detectors://0/0>
(978) 897-1302<tel:(978)%20897-1302>

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