To see if the town will vote to amend the Town Bylaws by replacing Title V Article 12 Noise Abatement with Title VIII Article 11 Noise Abatement, and to further regulate non-emergency work by the Arlington Department of Public Works, public utilities, and/or their contractors, or take any action related thereto.

The Select Board recommends this resident-petitioner-proposed adjustment to the Town’s “Noise Bylaw,” which presently permits the Department of Public Works, its agents, and certain public utilities to perform work during restricted hours which would otherwise violate the Town’s noise bylaw with the permission of the Town Manager. The purpose of the already existing exemption is to recognize that some road and utility projects are better and more safely performed under night-time or early morning traffic conditions. However, the consequential noise from such work, while unavoidable impacts surrounding abutters. By providing advance notice of these Noise Bylaw-exempt activities, such residents can prepare for and mitigate such impacts, or provide further input to the Town Manager.

3. Authorized Exemptions for Public and Private Way Projects

a. Following transmission of an “abutter notice” as set forth herein Arlington Department of Public Works, public utilities, and/or their contractors may perform non-emergency work in and/or on public and private ways within the Town of Arlington outside of the operating hours set forth in this Section with the permission of the Town Manager.

            i. “Abutter notice,” shall be required for non-emergency public works or utility projects in or on public or private ways outside of allowed day-time hours under this bylaw, and may be satisfied by a mail, hand, or electronic delivery of a notice setting forth the date, time, and expected nature of work being permitted by the Town Manager under this section to each residential unit within 500 feet of anticipated work, two (2) business days in advance of such work  commencing.