Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 4.00 - Industrial Performance Standards And General Regulations › Section 4.05 - Noise and Vibration

Current through Register 1525, July 5, 2024
(1)
Overview
. The purpose of 974 CMR 4.05 is to preclude
			 or significantly mitigate conditions that could cause nuisance to any receptor
			 within or without the Devens Enterprise Zone (DEZ). More detailed definitions
			 of interference sources and potential receptors follow in 974 CMR 4.05(3)
While it is the intent of 974 CMR 4.05 to provide a local
				complaint mechanism for receptors that might be experiencing nuisance from the
				generation of noise or vibration, it is recognized that complaints can often be
				minimized by identifying and acting upon potential problems before they become
				contentious. For this reason, the complaint mechanism is supplemented and
				enhanced by a process described below which attempts to minimize or preclude
				potential noise and vibration issues at the time of application for site plan
				approval with respect to facilities in proximity to the perimeter boundary of
				the DEZ or at the time of application for a building permit with respect to
				facilities that have the potential of exceeding the performance standards
				within the DEZ.
(2)
Complaint and Enforcement Process.
(a) Upon receipt of a noise or vibration
			 complaint from a receptor, the Building Inspector or other duly authorized
			 Devens Enterprise Commission (DEC) official shall respond to said complaint and
			 attempt, by means of circumstantial and field investigative evidence, to
			 attribute the potential nuisance to a point source. Where such attempts fail to
			 reliably identify a point source
and
where the pattern
			 of interference is judged by the inspector to be of a repeated and pronounced
			 nature, then the inspection official may, at his or her discretion and with the
			 concurrence of the Land Use Administrator, require the likely violator to
			 engage technical expertise for the purpose of documenting noise and vibration
			 conditions at strategic locations.
Once there is reasonable certainty of the interference source,
				the violator shall be subject to providing reasonable mitigation measures that
				essentially resolve the difficulty. Refer to 974 CMR 4.05(2)(b) for a
				description of procedures relative to enforcement.
(b) Potential violators will be given 30 days
			 in which to respond to a complaint or otherwise provide reasonable confirmation
			 to the Building Inspector or other duly authorized DEC official, that the
			 problem did not exist or has been eliminated. If probable cause is determined,
			 a second 30 day time period will be granted in which to correct the nuisance or
			 to demonstrate that good faith efforts have been initiated. If such efforts are
			 not initiated, the violator may be subject to remedies in the Devens Zoning
			 By-laws, including levying of fines, requirements to post performance
			 guarantees, permit reconsideration by the DEC or legal action. Emergency
			 nuisance conditions may, at the discretion of the DEC inspection official,
			 require more expeditious remediation.