Residents at the May 3 town meeting discussed and voted on 21 warrant articles, including connection to the MWRA (Massachusetts Water Resources Authority) water supply at the Southborough connection point; allotment of $120,000 in capital funding for the design and construction of two train whistle-free quiet zones; allotment of $300,000 in CPA (Community Preservation Act) money for the Open Space and Recreation Committee to begin design and construction on the Riverwalk Trail Enhancement project; dissolution of the Ashland Redevelopment Authority and transfer of 125 Front St. to the town; and a $55.6 million budget and new capital plan.
One article that passed after considerable discussion was the vote to amend Chapter 204 of the town’s bylaws, the regulation of nuisance noise. The vote strikes the existing chapter in its entirety and replaces it with more specific prohibitions, enforcement and penalties.
Nuisance noise is defined as “any noise that prevents a property owner from enjoying the reasonable expectation of enjoyment of their property.”
The new bylaw states that no person or business shall cause loud, excessive, unusual or unnecessary noise by way of music, machinery, motor vehicles or any other means which would disturb any reasonable person within the Town of Ashland. It codifies acceptable hours for various practices and clearly states exemptions. For example, this bylaw shall not apply to any noise in conjunction with emergency response or events authorized by the town on town-owned land, such as a parade or outdoor performance.
Board of Selectmen member Carl Hakansson, who presented this article, told the audience that a reasonable person, by definition, is informed, rational, capable, aware of the law and fair-minded when application of the law is sought and that a reasonable person can judge in an unbiased manner the appropriateness of a given social situation. This definition is a prevalent standard used by members of the legal and enforcement communities.
“This is a quality-of-life bylaw that provides a template for responsible behavior in building a community,” Hakansson said. “The Board of Selectmen and town management are looking to reestablish the delicate balance between businesses engaging in the work they need to do without infringing on the neighborhood and neighbors being considerate of others. That’s not an easy balance to reach, but hopefully this bylaw will begin to get everyone on the same page.”
Several factors are taken into consideration as to determine whether a noise is unreasonably loud or excessive and likely to disturb someone. These include the type and nature of the sound, frequency, duration, volume, time of day and day of week and land use and zoning from which the noise is emanating.
The bylaw took several months to create and was vetted by residents at multiple hearings and reviewed by town management, the chief of police and members of the planning office.
“I think this bylaw will be easier for our officers to enforce than the previous version [was],” Police Chief Craig Davis stated. “Because it is based on reasonableness and doesn’t require calculation of strict numerical criteria, it will be easier to make an on-the-spot decision.”
The bylaw now needs to be approved by the Attorney General (AG) before it goes into effect. Hakansson noted that this process may take as long as six months since bylaws adopted by other towns will also need to be cleared through the AG’s office.
Issue Date:
June, 2017
Article Body: