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Select Board asks staff to draft uniform noise rules after summer of complaints at downtown venues
Summary
Following dozens of summer noise complaints tied to downtown restaurants and bars, the Select Board directed staff to develop uniform, measurable conditions for entertainment licenses and explore technology to cap amplified sound.
The Select Board on Monday discussed dozens of noise complaints tied to downtown entertainment licenses and asked town staff to return this fall with a draft policy that sets measurable, uniform limits and enforcement tools. The discussion centered on complaints linked to the licensed patios and outdoor speakers at Town/Queequegs and Ventuno and how the town applies an existing noise bylaw to licensed entertainment.
Board members and licensees told the Select Board that the summer produced a high number of calls for service about amplified outdoor music near residential units. Amy, a licensing and compliance staff member, said the immediate question was whether the noise bylaw applied to these entertainment licenses and how to measure compliance: “the by law should apply, that distance should apply, and the noise level should apply. It shouldn't be plainly audible past certain distance.”
Why it matters: multiple speakers noted that inconsistent application of conditions — some downtown venues have explicit outdoor-time limits, others list only “quiet background music” — makes enforcement ad hoc and leads to repeated complaints. Staff reported 273 special-event permit applications this season and a cluster of noise-related calls concentrated around the Queequegs/Town block. Select Board members said a predictable, verifiable measurement tied to permits would help officers, licensees and neighbors.
What was discussed: Attorney Jim Merberg, representing one of the licensees, told the Select Board his client is willing to cooperate and can buy measurement equipment and sound-regulation devices for the venue, and urged that hours of outdoor entertainment be decided case-by-case. “We are interested in cooperating,” Merberg said, and added his client could install equipment that “regulates and controls and locks out any noise above the agreed upon level.” Licensees and board members generally supported the idea of technical safeguards to limit volume at the source.
Board direction and next steps: Multiple Select Board members asked staff to return with a concrete proposal this fall. Malcolm McNabb asked staff to present “some type of proposal, at the next meeting,” and other members asked for an inventory of existing entertainment licenses, a map showing their proximity to residences, a suggested uniform decibel standard (with allowance for different interior/exterior limits), and a recommended enforcement protocol tied to source-based measurement devices. Amy said staff is already coordinating with the chamber and building a work group and that Chief Casper has recommended measurement tools for officers.
Discussion versus formal action: The Select Board did not adopt new rules at the meeting. Members gave direction to staff to create a policy proposal and consult with businesses and public-safety staff. Board members emphasized that existing licenses and the noise bylaw remain in effect until a formal policy change is adopted.
Context and background: Staff cited prior hearings (2012 and 2017) and said there have been 47 noise-related calls in the area since 2017; some calls resulted in officers finding no violation because a permit allowed late entertainment, while others were treated as bylaw violations. Several board members said some venues — especially those abutting inns or apartment units — need stricter limits than venues in the commercial core.
Quotes: “the by law should apply, that distance should apply, and the noise level should apply. It shouldn't be plainly audible past certain distance,” Amy said, describing staff’s view on bylaw application. “We are interested in cooperating,” said attorney Jim Merberg, adding his client is prepared to buy equipment to limit peak levels.
Ending: Staff will draft proposals and convene work groups with the restaurant community and public-safety staff; the Select Board indicated it expects a formal proposal and supporting materials (license inventory, maps, recommended device specifications and enforcement protocol) for consideration before the next licensing season.
