Legal Question in Real Estate Law in Massachusetts

Re: Noise Problem - Nuisance

there are a couple of avenues of relief.

is the property properly zoned? if not it may be a "non-conforming use" - which they can continue (perhaps) but not change or expand (ie the addition of live music) without a special permit or some such.....

the use may be permitted, but may require a special permit or some such, check on that - new owners can't necessarily just pick up where the others left off in such a circumstance.

also, you generally need some kind of license for live entertainment (even jukeboxes sometimes!) check that.

even if the use is permitted *as of right* (ie no permit), often times there is a provision in the zoning ordinance which deals with loud and offensive nuisances. if so, check with the "Zoning Enforcement Officer" about enforcement - but be careful - if he fails to act upon a formal request, you have limited appeal rights which must be strictly followed or you lose those rights.

finally, there's the board of health. under 310 CMR 7.10 (I think - did this once before) there are limits of how much noise anyone can make - usually, no more than 10dbA over the "ambient". Local board of health is usually the first place to enforce this - again, if they don't give you relief, there are strict appeal requirements which if you don't follow, you're lost.

check with the Town. if they don't help you, you'd need a lawyer.

all this is general advice - you really need to consult a lawyer before committing to any course of action, because once you cast your die you've got rules to follow - and if you miss a deadline, you can lose your rights.

good luck.

Re: Noise Problem - Nuisance

I am truly sorry to hear about your problem! The law gives occupants of property a remedy for dealing with what are known as "private nuisances", which are the actions of private parties that affect your use and enjoyment of your own property. This can be in the form of an injunction (e.g. order restraining the restaurant owner from permitting noise above a particular decibel level) and/or money damages. Instead of taking decibel readings yourself, I would recommend in the first instance that you hire an acoustic engineer, who can take measurements (at, of course, the time when the noise is the greatest) with the highest quality noise monitoring equipment possible. This will blunt any argument from the restaurant that the equipment was not handled or calibrated properly. You should also consult with an attorney who can advise you of what you would need to prove in order to get an injunction and/or damages.