The Hopkinton Town Council on May 5 reopened a hearing on proposed amendments to the town’s noise ordinance and voted to close the hearing and set a date of May 19 to consider adopting the changes.
The proposed amendment would change quiet hours to 10 p.m. to 7 a.m.; limit construction and repair work to 7 a.m.–8 p.m. on weekdays and 8 a.m.–6 p.m. on weekends; and add penalties and enforcement provisions. The draft text also includes a 65-decibel limit measured from a distance of 200 feet in one subsection and lists exceptions, including limited exemptions for local businesses under certain conditions.
Councilors and members of the public debated how the ordinance should treat businesses that operate near residential areas. Several councilors and commenters urged the council to avoid creating a broadly discretionary enforcement standard for police officers, saying that too much discretion could create due-process problems in court. A speaker identified as Steve warned that language giving police subjective enforcement discretion could be challenged as unconstitutionally vague: "it's a due process issue to say that the police have too much discretion," he said.
Ron Perlowitz, chair of the planning board, told the council that project applicants already submit noise studies showing decibel values at 40, 100 and 200 feet, and that the planning board reviews those materials under state and federal standards. He said those packets typically accompany development proposals and include sound-level data.
Several councilors and residents raised concerns about ordinary service vehicles and licensed businesses — for example, garbage trucks or fuel deliveries — that may make noise early in the morning. One councilor noted that the draft contains an exception allowing the council to grant exemptions for "special events, public safety, public work projects, or activities deemed beneficial or necessary for the community," provided the exception specifies duration, hours and conditions.
Multiple councilors discussed an administrative approach in which certain licensed businesses (for example, haulers or other licensed service providers) could receive a written exemption as part of their business license, so that noise exemptions are disclosed and considered during permitting. That suggestion drew support during the hearing as a way to balance business needs and resident complaints.
After roughly an hour of discussion and public input, a councilor moved to close the hearing and set a date of May 19 for formal consideration and possible adoption; the motion carried.
The council will consider the ordinance amendment on May 19. The draft ordinance as discussed on May 5 includes: quiet hours of 10 p.m.–7 a.m.; construction hours limited to 7 a.m.–8 p.m. weekdays and 8 a.m.–6 p.m. weekends; a 65-decibel measurement point at 200 feet in at least one section; and a process for limited, time-specified exceptions granted by the council or tied to business licensing.