Loading...
HomeMy WebLinkAbout2021-06-08-NAC-min Town of Lexington Noise Advisory Committee(NAC) Minutes of Meeting June 8, 2021 A meeting of the Noise Advisory Committee ("NAC") was held via Zoom videoconference on Tuesday June 8, 2021 at 7:00 PM. A quorum of four members was present. NAC Members Present: Dan Koretz (Chair), Vicki Blier, Nick Afshartous, Stewart Smith, April Wang Others Present: Mark Sandeen, Members of the Public 1. Approval of Minutes from Previous Meeting The Committee reviewed the draft minutes from the NAC meeting held on May 5, 2021. Motion Stewart moved to approve the Minutes as presented and the Motion was seconded by Dan. Following a roll-call vote,the Minutes from the May 5th Meeting were approved unanimously. 2. Review of Comments following the April 27th and May 51h Landscaper Meetings and Potential Re-Draft of Proposed Regulations regarding times of use for Gas Leaf Blowers(GLB) Dan noted that the primary business to be conducted at the Meeting was the review and evaluation of input received from various contributors, including Landscapers and members of the public. He noted that the NAC had requested input on the issues of: 1) daily/weekly GLB hours of operation; and 2) proposed seasonal permitted operating periods for GLBs, on or by June 2, 2021. Dan shared with the Committee a summary document containing comments received from members of the public and landscapers regarding these issues. He noted that, following the May 5th meeting, there had been wide-spread distribution of the NAC's request for comments including on various Facebook pages, the Lexington List,via Joe Pato's Facebook page and via direct email to Landscapers. He noted that most comments included complaints about landscaping noise or requests for regulation of landscaping. Only 5%of those who provided an opinion supported no regulation of GLB noise. However, the concrete suggestions from the public were scattered, and most specific suggestions were advanced by relatively small percentages of respondents. Dan also noted, in the context of responses received from Landscapers,that responses focused more on the proposed Spring start time than the early summer end time. Dan noted that Newton's GLIB restrictions did not impose a Fall 'stop time'. He also noted that amongst other local communities who have previously regulated GLB's, Lexington's draft spring schedule is the most restrictive. Dan proposed that the Committee review the most recent draft proposal regulating GLBs in the context of all input received prior to the Landscaper meetings, during the April 27th and May 5th Landscaper meetings and during the request for comments period (ending June 2nd). He proposed that the Committee first consider weekday start and stop times for GLIB operation. Under the most recent proposal, hours of operation from Monday to Friday were 8:00 am to 5:00 pm. Currently, the hours under the general bylaw governing noise are 7:00 am to 8:00 pm. i) Weekday- Permitted Hours a) Starting Hours The Committee discussed the draft bylaw in the context of landscaper feedback. It was clear that Landscapers had expressed specific concerns about starting at 8:00 am due to the needs of employees, some of whom took public transportation,to start early. Landscapers also noted the financial impacts that would be caused by a later start time. After deliberation on the issue the Committee was persuaded to revise the draft. Motion Dan moved that the weekday start time for GLIB usage be amended in the draft bylaw from 8:00 am to 7:00 am.The Motion was seconded by April and following a rollcall vote the Motion carried unanimously. b) Ending Hours The Committee then discussed the proposed evening ending hours.The discussion focused on two competing interests:the expressed need for landscapers to maximize their hours of operation, against the noise complaints related to GLIB usage during and around the dinner hour. It was suggested that as a compromise, given that early morning hours were retained, end of day take place at 6:00 pm to accommodate quiet evenings. Other members of the Committee advocated for an end to GLIB operation at 8:00 pm. After discussion, the following motion was made. Motion Stewart moved that the ending hours for GLB operation be adjusted to 6:00pm from 5:00 pm in the draft bylaw.The Motion was seconded by Dan. Following a roll-call vote, the motion carried on the following basis: In Favor Against Stewart Nick Dan April Vicki c) Weekend—Permitted Hours The Committee considered the current draft bylaw and reviewed GLB restrictions in nearby Towns as they related to hours of permitted operation on Saturday and Sunday.The Committee took notice of Landscaper input which referenced the need for more available hours due to weather concerns. The Committee also acknowledged the objective of restricting GLB usage on weekends due to the fact that residents were generally at home on those days and a quiet weekend was desirable. It was also pointed out that the current Lexington bylaw permits construction noise is permitted only from 9:00 am to 5:00 pm on Saturdays and is prohibited on Sundays. Mark also noted that a general 9:00 am start time on weekends in Lexington is broadly accepted. Dan noted the difficulty in selecting a weekend noise-free day. In the past, Sunday presumably would have been the preference of a large majority of Lexington residents, but given the current diversity of our community, we cannot assume that to be the case now. Motion Dan moved that Saturday, Sunday and Legal Holiday hours of operation for GLB's be from 9:00 am to 5:00 pm.The motion was seconded by Vicki and following a roll-call vote, the motion was carried unanimously. Dan then asked the Committee to consider proposed seasonal restrictions on GLB usage. ii) Seasonal Restrictions Dan observed that few specific comments/proposals had been received from Landscapers. Noteworthy comments included that the proposed GLB operating period in the Spring season was too short and that the Fall stop date was arbitrary. Ground-Nest Pollinators Dan reported on feedback the Committee had received from an entomologist in response to the Committee's concern regarding the potential impact of leaf blowers on ground-nesting pollinating insects during the spring season. In essence, the Committee was advised of a serious issue concerning potential damage by leaf blowers to bees and other pollinators who nest in the over-winter accumulation of leaves and other debris within the Town. It was suggested that these pollinators are most vulnerable during the early Spring and it was suggested by the ecologist that the period of allowed leaf blower usage begin after May V, or, as a compromise, after April 15tH A member of the public also suggested during the meeting (via posted comment) that raking was more disruptive to ground nesting pollinators than Leaf Blowers. The Committee discussed this environmental issue and agreed it should be raised the Select Board and Town meeting as part of the Committee's overall recommendations. Vicki noted that communication and education regarding this issue with landscapers and residents will be important going forward. The Committee also discussed the fact that its remit is noise-focused and that other environmental issues, while identified and raised as concerns, are properly dealt with by the Select Board. Seasonal Restrictions Dan then addressed the proposed dates of permitted GLB operation in the Fall and Spring clean-up periods. Considering input received from landscapers and others, the approaches used in Lincoln and Newton were discussed.The Newton approach allows GLB operation from Sept 6th to May 30th each year. In Lincoln the approach avoids clean-ups using GLBs prior to March 15th Following deliberation, the following motions were made: Motion Fall Start Time Dan moved that the Fall start time for permitted GLB operation be set at September 15th.The motion was seconded by April and, following a roll-call vote, the motion passed unanimously. Motion Fall End Time Dan moved that the Fall end time for permitted GLB operation be set at December 30th.The motion was seconded by April and, following a roll-call vote, the motion passed unanimously. Motion Spring Start and End Times Nick moved that the Spring time period for permitted GLB operation commence on March 15th and end on May 31ST.The motion was seconded by Stewart and, following a rollcall vote the motion carried on the following basis: In Favor Against Dan April Nick Stewa rt Vicki Dan then asked the Committee to review the existing draft bylaw and the agreed upon changes to hours and seasonal limits were incorporated into the draft. An issue was raised concerning permitted hours of operation by residents (not including landscapers)for domestic use. Domestic Use Motion Dan moved that the provisions of the draft bylaw related to domestic use by residents be revised to permit domestic use of GLB's between 7:00 am and 8:00 pm. Following a rollcall vote the motion carried unanimously 3. Other Business It was agreed that a further meeting NAC take place at 7:00 pm on June 17, 2021 to review draft materials for presentation to the Select Board. 4. Adjournment There being no further business, the meeting was adjourned at 9:00 pm.