2006-03-07-NAC-min - Laserfiche WebLink

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MEETING MINUTES NOISE ADVISORY COMMITTEE 7 MARCH 2006 A duly posted meeting of the Noise Advisory Committee (NAC) held in the Legion Room, Cary Hall, was called to order at 7:30 pm by Chairman Tony Galaitsis with members Martha Wood, Ted Page, Myla Kabat-Zinn and Jack Maloney present. Citizens attending the meeting included Brian Susnock, James Sheehy, Judith Sheehy, Sean Maloney and Dave Eagle. 1. Introduction of New Member Jack Maloney was introduced and welcomed. He has been appointed as the representative of the business community. 2. Minutes of the 17 January 2006 meeting The minutes were reviewed and approved unanimously. 3. Review of Citizen’s Article Amending the Noise By-law The Committee discussed the merits and purpose of the citizens’ article to amend the Noise By-Law for the Spring 2006 Town Meeting proposed by Mr. Susnock and revised wording of a motion drafted at the 17 January 2006 Noise Advisory Committee meeting. Following a discussion of the wording of the proposed motion, including suggested changes for consistency with other motions and legal clarity by Town Counsel Kevin Batt, procedural options for the article presentation by Moderator Margery Battin, and minor wording changes by Advisory Committee members present, the committee, on a motion by Ted Page, voted 4–1 to accept the following wording: ARTICLE 16 - SUBSTITUTE MOTION TO AMEND NOISE BY-LAW, SECTION 80-8 To see if the Town will vote to amend the current Lexington Noise By-Law Section 80-8 Special Permits by inserting a new Section E. Section E. Any Special Permit issued under Section 80-8 shall be reviewed in a hearing by the special permit granting authority (Selectmen or their designee(s)) within 60 business days of receipt of a written complaint providing evidence that the limits allowed under the original special permit have been exceeded, or the conditions imposed proved ineffective or were not implemented. The Special Permit Granting Authority (SPGA) may take testimony and other evidence relevant to the complaint. Upon completion of the review, the SPGA shall decide to: 1) Impose additional conditions which shall reasonably alleviate the violation, or 2) Revoke said permit if it is determined that conditions imposed by the selectmen intended to alleviate the situation prove to be ineffective, or 3) Dismiss the complaint due to lack of substantial evidence, or act in any other manner in relation thereto. Mr. Maloney explained he had not yet had time to study the wording of the current by-law but, as he understood the current by-law, felt the proposed section was already covered in the by-law and the additional wording would only make the by-law more cumbersome. The other - 1 -