A group of Lynn and Swampscott residents, represented by the law firm McGregor Legere & Stevens, is seeking to address the impacts of what they allege is the “negligent operation of the Lynn-Swampscott UV pilot project,” which they claim has violated state noise limits and created nuisance conditions.

The letter, sent to both Swampscott and Lynn officials, demands a halt to the project’s operation and compensation for the harm it has allegedly caused, including “unreasonable interference with the use and enjoyment of their properties, injuries to health and safety, property damage and loss of property value, and illegal air pollution.”

“It’s a noise issue,” said Lynn resident Joe Negri. “We have documented evidence that this installation is above what’s permitted for [noise].”

Water quality issues at King’s Beach date back nearly a century, when Stacey’s Brook, which empties into the beach, was converted into a sewer and stormwater system for both Lynn and Swampscott. In other words, King’s Beach receives daily drainage, unlike most other Boston Harbor-area beaches.  The project uses ultraviolet (UV) light to kill bacteria in the stormwater drainage before it reaches the ocean, ultimately creating a cleaner beach for Swampscott and Lynn residents. 

The Noise Complaints

The legal notice was sent to Lynn’s Mayor Jared Nicholson, Commissioner Andrew Hall, City Solicitor George Markopoulos, Swampscott’s Interim Town Administrator Gino Cresta, and Dandreo Brothers General Contractor and Masonry. It focuses on noise limits, which the Massachusetts Department of Environmental Protection regulates that no one “shall willfully, negligently, or through failure to provide necessary equipment, service or maintenance…cause, suffer, allow or permit unnecessary emission” of sound. 

A sound is in violation if the source is more than 10 dB above ambient noise.

Some residents – including Negri – commissioned a noise study from engineering firm J. & A. Enterprises, which specializes in noise and vibration analysis. The study, which was released on July 24 and later obtained by the Swampscott Tides, measured the area the night prior, on July 23 between 11:30 p.m. and 12:30 a.m.

Ambient noise levels were measured at 44.9 dB, largely attributed to wave lapping sounds during high tide. Measurements of the UV project, which were performed on the sidewalk in front of the residents across the plant, ranged from 61 to 65 dB. J. & A. Enterprises called this “far in excess of the allowance of 10 dB above” the ambient noise permitted by the Department of Environmental Protections, equating the noise at the residences to “that of a busy industrial site.”

“We absolutely understand that immediate abutters can hear sound from the project,” said Lynn Communications and Strategic Initiatives Manager Valerie Vong. “We have worked closely with neighbors to communicate about the project, involve them wherever possible, and address their concerns. That included three public meetings, multiple meetings on-site, knocking on doors in the neighborhood, a dedicated newsletter and email address, and continued conversations.”

Vong also added that the claims of illegal air pollution are “simply not true.” She said the generator meets Tier 4 emission standards, established by the U.S. Environmental Protection Agency (EPA).

“We are also conducting live air quality testing, as well as beach sampling,” she said.

The residents, represented by McGregor Legere and Stevens, are still demanding that the UV project’s operation ceases, as Lynn and Swampscott also “immediately notify their insurance carriers of potential liability” and the boards of health in both areas “investigate and abate all nuisances emanating from the project.

The group is also asking for $100,000 in damages including legal fees and expenses.

Negri was informed by a letter of the Lynn-Swampscott pilot program on March 12, “after all of the decisions have been made and the money had been spent.” He attended a neighborhood meeting at the Swampscott Senior Center, voicing multiple concerns, on March 24.

“Pretty much everyone in the neighborhood was completely taken by surprise,” Negri said. 

Since the pilot program’s restart on June 20, Negri has voiced his concerns with the Massachusetts Department of Environmental Protection, the Lynn public health director, Swampscott’s Board of Health, Nicholson, Cresta and State Rep. Jennifer Armini (D–Essex).

The group in charge of the UV project “used the manufacturer’s specifications and the project team’s experience with this type of equipment for planning purposes,” according to Vong. She added that her team has “raised the fences surrounding the generator and added additional sound barriers.” 

“We continue to make necessary adjustments to the equipment and explore available options to mitigate sound,” she said. “Additionally, we use these types of generators and pumps frequently on various public works projects throughout the city.”

Even still, on January 29 – months prior to the start of the pilot project – engineering consultant Kleinfelder noted in a report obtained by the Swampscott Tides that there are low-risk noise concerns due to the fact that the “equipment exceeds noise requirements for Swampscott and Lynn,” according to a letter obtained by the Swampscott Tides. Kleinfelder suggested to mitigate the concerns by using “electric pumps instead of diesel to reduce noise” as well as the possibility of creating “sound attenuation barriers around [the] generator and pumps to meet noise requirements.”

A diesel generator was still used, as noted on Lynn’s website. Vong shared that the diesel generator was not the first choice for the project, but “National Grid was not able to fulfill our request of connecting electric power to the area of the project.” The pumps are electric.

For Stephen Harrington and Jeff Chelgren, they live “at 12 o’clock” from the generator, in the Ocean Street neighborhood arch, and the noise is endless, they said. 

“We want a clean beach,” Chelgren said, “but all we’re asking for is the ability to sleep at night.”

King’s Beach’s Pollution History

King’s Beach has struggled with safety, receiving the lowest ranking out of 15 beaches in Save the Harbor/Save the Bay’s 2024 water quality report card. In 2023, King’s Beach failed nearly half of its water quality tests, according to Lynn’s website. 

The Lynn Water and Sewer Commission separated the sewer and stormwater systems about 25 years ago, but there is the potential issue that not all pipes are fully separated and additional leaks continue. Swampscott lined about half of its pipes two years ago and has begun to treat the remaining areas, but the contamination has not gone away. Untreated water and land-based bacteria from fertilizers still are the two major contributors to the pollution.

Since June 20, UV-treated water has consistently measured at or below 10 colony-forming units per 100 milliliters (cfu/100 ml), with the exception of June 28, July 24 and July 26. The Massachusetts Department of Public Health specifies that safe waters have at or under 104 bacterial organisms cfu/100 ml.

Meanwhile, culvert measurements at Swampscott and Lynn’s Stacey’s Brook have failed water quality tests more often than not. Swampscott has had more no test days, but in the tested days there have been 21 days over the safety levels out of 41 days. In Lynn, the waters were not safe in 51 out of 54 days tested.

During a ribbon cutting ceremony for the UV project last week, Cresta acknowledged the protests but also expressed his support for the overall initiative.

“I know it’s been some inconvenience,” Cresta said in his speech at the ribbon cutting. “But I know it’s the right thing to do.”

The Program’s Potential Future

While Vong said that the summer’s results will have to be analyzed prior to planning for another potential program in 2026, the group has “requested that National Grid connect power directly to the site, which would eliminate the need for the generator.”

“The results are still being gathered and will need to be analyzed comprehensively, but based on what we know thus far, the system is working, resulting in the beach being open for swimming significantly more than in past years,” Vong said. “We believe the opportunity to evaluate this potential complementary solution is of tremendous value to our residents and in the best interest of the community.”

In a meeting on July 9, Armini shared that a future project will be “a structure of some sort” that has the equipment inside. There would also be a site selection process.

“Don’t think it’s going to stay where it is and look the way it looks,” Armini said.

Beachgoers are able to check the bacteria levels at the Department of Public Health’s interactive website. The data is on a 24-hour lag, however. 

At the time of writing, the site lists King’s Beach as closed on the Swampscott side.

“We live in Lynn for one specific reason,” Chelgren said. “We live on the beachfront, but that’s being held against us…The main reason we’re here is three months out of the year, and those are gone.”

Story updated August 1, 2025 at 3 p.m. to add additional information from Lynn officials.