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Noise Advisory Committee 3 Appendix A Description by Lee Minardi of handling of a noise complaint by the Lexington Police Department Noise Complaint to Police Department Experience On September 23, 2019 I discussed the manner in which noise complaints were handled by the police department with Sargent DeMambro. As an example of the protocol I asked how a noise complaint I made on May 7, 2018 about a contractor blowing foam insulation into a house under construction at 26 Downing Road was handle. Prior to making my noise complaint to the police department I used a cell phone app to get a ballpark estimate of the noise level. My phone app indicated a level in excess of 95 dbA. Extremely loud by normal standards and significantly above the 85 dbA limit of the town bylaw specified in bylaw Chapter 80-3, Noise Injury paragraph C., Air force Standard AFOSHSTS 48-19. The officer who responded to the complaint(his/her name is not available to the public) stated in the report that the noise level was "not excessive". How the officer made this decision is not clear but Sgt. DeMambro thought it was probably just a judgement call. She told me that the Lexington police do have sound meters available for measuring noise levels but one was not used in this instance. It is not know why a measurement was not made. Multiple officers expressed the viewpoint to me that contractors needed to get work done and therefore high levels of noise should be expected and accepted. There was no indication that contractors could take steps to mitigate noise levels. A resident on Lincoln Ave. was successful in getting a contractor to significantly reduce construction noise via the erection of temporary walls but she worked hard for over a year to get results. I recommend that residents should be advised to make complaints to the police department regarding excessive noise, that they should request that a metered reading of the noise level be made, and that they be notified of the police officer's findings be reported back to them. Request to the Noise Advisory Committee for Bylaw Revisions I attended the September 23, 2019 Selectmen's meeting for the agenda item "Discuss Potential Noise Bylaw Revisions". Selectman Joe Pato authored the issue due to several complaints the town had received regarding excessive and extended noise at construction sites, typically of new residences. Construction noise is currently "prohibited from use between the hours of 8:00 p.m. and 7:00 a.m., or as otherwise restricted by a Town of Lexington permit" (town bylaw paragraph 80-4 A.). A request was made by the Selectmen that the Noise Advisory Committee make a recommendation for a revision of the prohibited hours for construction noise. They would like it to be available for the town warrant that will be published later this year. At the meeting Town Manager James J. Malloy stated that noise complaints should be made to the Health Department if during the work day and to the police department after hours and on weekends. Lee Minardi September 25, 2019