Hundreds of Berkley voters shoot down proposed noise ordinance

By Kendra Leigh Sardinha, Staff Writer
TAUNTON GAZETTE
Posted Nov 09, 2009 @ 11:47 PM

Berkley — A proposed noise bylaw was completely blasted out of the water at Monday’s special town meeting held in the gym of the town’s middle school.

With a turnout of 500 people, the issue — essentially aimed at the quarry — was on many of the townspeople’s minds. 

The proposal drew so many people that the town meeting, originally planned for last Monday at Berkley Community School, was rescheduled in order to accommodate the crowd. Last week, 350 residents turned out — 50 people over capacity for the smaller venue. 

Submitted by a petition signed by residents, the proposed bylaw sought to ban noise in excess of 40 decibels between 11 p.m. and 7 a.m., sounds over 50 decibels during all other hours or any noise plainly audible at a distance of 300 feet.

Resident, small business owner and quarry supporter  Bob Katon Jr., of 18 County St., was very happy with the vote. 

“It went well,” he said. “We got what we wanted by a landslide. The bottom line is we need business in town for revenue and to help with the tax base.”

Resident Paula Dugan, of 168 Bryant St, was disappointed that the article was shot down so quickly. 

“I’m disappointed not because we lost, but because the people of Berkley have been misled,” Dugan said.  “The best protection is to prevent it. When they’re dealing with the noise of big machines it’ll be too late. The quarry is going to change the entire town.”

She said the purpose of this bylaw, which is modeled after the noise bylaw in the town of Ayer, is to control how noise from future industrial sources will affect residents.

“Passing this law would have protected all Berkley neighborhoods from future industrial noise at excessive levels, protected the property values of all our homes and preserved our current quality of life,” she said.

Town Attorney David Gay said he has seen bylaws such as this for similar reasons. He called it much too subjective. 

“Other bylaws are five or six pages and have extensive definitions,” Gay said. 

Article three, to limit the number of unregistered vehicles on a person’s property to just two, was defeated by a majority vote. 

Article two, to keep Town Hall closed on Saturdays, was passed. If an election or the deadline for voter registration falls on a Saturday, then the prior Friday or the following Monday will become the deadline.
ksardinha@nulltauntongazette.com