§ 135-1109. Permits and exemptions.  


Latest version.
  • 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.