It Appears a Lynnfield By-Law Is Being Ignored That Could Help Alleviate Market Street “Noisy Truck Brake Issue”

On July 15, 2014 a meeting was held with Town Officials to discuss the many traffic issues plaguing Market Street area Residents. One of the issues openly discussed was the noisy compression truck brakes heard by residents all hours of the day and night. Residents were looking to our Town Administration and Board of Selectmen for answers to this ongoing problem. Unfortunately, our administration did not notify residents that a By-law is in place to protect them against the very noise complaints they were attesting to. It is not clear why this was not mentioned during the meeting.

Please read the following for the more details of the Town Warrant which was passed in March of 2009. This warrant was passed based on screeching truck braking being heard when coming down Main Street, between Sagamore Golf Course and Lowell Street as well as other parts of Main Street. This is a Town wide By-law and is applicable to all parts of Lynnfield.

L Y N N F I E L D T O W N W A R R A N T

THE COMMONWEALTH OF MASSACHUSETTS

SPECIAL TOWN MEETING – March 2, 2009
Rescheduled to March 9, 2009 due to inclement weather and lack of quorum.

Pursuant to the foregoing warrant, the legal voters of the Town of Lynnfield met in the Middle School Auditorium in said Town of Lynnfield on Monday March 2, 2009. A quorum not being present, a motion to reconvene the Special Town Meeting on March 9, 2009 at the Middle School Auditorium was made by Arthur Bourque, and seconded by Robert MacKendrick.

Present were Selectmen Arthur Bourque, Al Merritt, and Robert MacKendrick. Also present were Town Administrator William Gustus, Town Counsel Thomas Mullin, Moderator David Miller, Town Clerk Amy K. Summers and Harry LeCours.

A motion to adjourn was made by Arthur Bourque and seconded by Robert MacKendrick.

Pursuant to the foregoing warrant, the legal voters of the Town of Lynnfield met in the Middle School Auditorium in said Town of Lynnfield on Monday March 9, 2009. A quorum being present (291 present – 175 required) the meeting was called to order by the Moderator, Mr. David Miller at 7:30 p.m.

Motion 5. I move that the Town vote to amend the General Bylaws by adding thereto, as Chapter 4, § J thereof, the following, to be entitled “Excessive Noise From Compression Brakes Prohibited”:

“Except in the case of an emergency, it is unlawful for the driver of any vehicle to use or operate, or cause to be used or operated, within the Town limits of the Town of Lynnfield, any compression brake, engine brake, dynamic brake or mechanical exhaust device designed to assist in the deceleration or braking of any motor vehicle, if such device or devices result in excessive, loud or otherwise unusual noise. Violation shall be punishable by a fine of $200.”

Moved by: Bob MacKendrick

A motion to move the question passes.

Voice vote carries.
A motion to reconsider the vote as a standing vote passes.

ACTION: Motion passes by the necessary majority in a standing vote. Yes: 131
No: 96

CLOSING MOTION : I move to adjourn this Town Meeting sine die.

Moved By: Arthur Bourque

ACTION: Voice vote carries by the necessary majority.

Town Meeting is adjourned at 9:06 p.m.

A True Copy Attest:

Amy K. Summers
Town Clerk

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