HomeMy WebLinkAbout2006-03-07-NAC-min
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 -
members explained that the intent of the clarification is to provide a mechanism for the
special permit granting authority to take actions if the original conditions of the special
permit are not followed, assuming that the special permit contains measurable limits and has
been issued for a specified duration.
Mr. Susnock said he agreed with the proposed motion and, as the developer of the article and
the proponent of the motion at Town Meeting, will use the new wording at Town Meeting.
The Noise Advisory Committee, on a motion by Mrs. Wood, voted 4–1 to recommend the
approval of the motion if the voted wording is the original motion at Town Meeting, or to
offer it as a substitute motion if a different wording is first offered at Town Meeting.
The meeting was adjourned at 8:57 pm.
Follow up NOTE:
The next meeting of NAC is scheduled for Tuesday May 9, 2006 at 7:30 pm.
__________________________________________________________________
Minutes e-mailed by
Anthony Galaitsis, 6/1/06
- 2 -