(A) Any person living or doing business in the town may apply to the town’s Board of Selectmen for variance from one or more of the provisions of the chapter which are more stringent than the State Department of Environmental Protection regulations for the control of noise; provided that the applicant supplied all of the following information to the Board of Selectmen at least 20 days prior to the start of said activity:
(1) The location and nature of the activity;
(2) The time period and hours of operation of said activity;
(3) The nature and intensity of the noise that will be generated; and
(4) Any other information required by the Board of Selectmen.
(B) No variance from these regulations shall be allowed unless it has been demonstrated that:
(1) The proposed activity will not violate any provisions of the State Department of Environmental Protection regulations;
(2) The noise levels generated by the proposed activity will not constitute a danger to the public health; and
(3) Compliance with the regulations constitutes an unreasonable hardship on the applicant.
(C) The application for variance shall be reviewed and either approved or rejected at least five days prior to the proposed start of said activity. The approval or rejection shall be writing and shall state the condition(s) of approval, if any, or the reason(s) for rejection.
(D) Failure to rule on the application in the designated time shall constitute approval of the variance.
(Ord. passed - -)