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HomeMy WebLinkAbout2021-09-02-NAC-min Town of Lexington Noise Advisory Committee(NAC) Minutes of Meeting September 2, 2021 A meeting of the Noise Advisory Committee ("NAC")was held via Zoom videoconference on Thursday September 2, 2021, at 7:00 PM.A quorum of three members was present. NAC Members Present: Dan Koretz (Chair),Vicki Blier, Nick Afshartous, Stewart Smith,April Wang Others Present: Mark Sandeen,Joe Campbell, Archana Dayalu (Sustainable Lexington), several members of the public,various Lexington Landscapers 1. Approval of Minutes from Previous Meeting The Committee reviewed the draft minutes from the NAC meeting held on July 7, 2021 as posted on Slack. Motion Vicki moved to approve the Minutes as presented and the Motion was seconded by Stewart. Following a roll-call vote,the Minutes from the July 7, 2021 Meeting were approved unanimously. 2. Introductory Remarks Dan introduced a series of slides he prepared summarizing the Committee's progress since the last meeting related to the proposed regulation of hours and seasonal GLB usage along with the pending decision regarding a GLB phase-out.The slides also summarized the input received from the public and other parties along with the out-reach completed by the Committee. Dan and Mark also noted that it was unclear whether the consideration of a revised Noise By-Law would take place during the Fall 2021 Town Meeting. Dan also confirmed that the current meeting was scheduled as an opportunity for landscapers and members of the public to comment and provide input on a proposed three (3)year phase-out of GLB usage in Lexington. This date was publicized to local landscapers earlier in the summer in response to a number of requests to provide time for landscapers to research and consider the issues related to the proposed phase-out. 3. Presentations and Comments by Landscapers and members of the Public Dan reviewed the process by which comments would be received and noted that participants would be provided with 3 minutes for presentations to ensure that everyone present at the meeting would have an opportunity to speak. The following summarizes input received as participants joined the meeting: • An individual asked questions regarding the proposed enforcement of regulations related to GLB noise. Several issues were discussed on this topic including the difficulty of obtaining reliable measurements of potential sound violations. It was noted that the current proposal focuses on the decibel ratings of equipment used to alleviate enforcement issues. Vicki also noted that she had reached out to the Town of Aspen which confirmed that Aspen's noise by-law had been difficult to enforce. • Archana, of Sustainable Lexington, confirmed that organization's endorsement of the NAC's GLB proposal. She made a short presentation summarizing the damaging impacts of GLBs (noise, harm to wildlife,toxic emissions,worker harm). Discussion focused on the differences between GLBs and electric leaf blowing equipment and it was noted that electric equipment is slightly less powerful and less damaging to wildlife. The Committee also discussed the differences between two and four stroke engines and noted that the impact of working everyday with the very toxic emissions generated by two stroke leaf blowers had the most significant impact on landscape workers. Archana clarified that noise mitigation was also important and confirmed that Sustainable Lexington supported all aspects of the NACs proposal in that regard. • Local landscaper Mike Crugnale expressed several concerns with the proposal including the mechanics of enforcement and whether the proposed bylaw would apply to all construction noise. Dan explained that the proposal was narrowly tailored and was intended as a response to complaints received about GLB noise, not construction noise (or,for example,tree work). Dan also noted that construction noise (including rock breaking) was dealt with separately in provisions added the by-law last year. • Mike also expressed concern about enforcement against illegal operators in the Town who provide landscaping services without paying taxes or observing local ordinances. Members of the Committee noted that fines would also be levied against homeowners for breaches of the noise bylaw.Vicki noted that other communities have or are requiring licensing of landscape operators in their towns. The concept of a permitting system was also discussed. • Mike noted that a longer transition period for landscapers to convert to electric equipment would be preferred. He stated that a 4-year transition period would be ideal. Following the conclusion of open discussion with meeting participants,the Committee moved to outstanding business items. 4. Other Business a. Sunday Hours Dan raised the issue of permitting Sunday hours of operation under the NAC's current proposal and noted that Lexington does not presently allow certain activity, including landscaping, on Sundays because of state code.Therefore, in order to revise the Committee's current draft proposal. which allows for limited Sunday hours,the following motion was made: Motion Dan moved that the provision in the draft proposal related to Sunday hours of permitted operation be removed so that landscaping activity was not permitted on Sundays.The motion was seconded by Nick and following a roll call vote was approved unanimously by the Committee. b. Consistency between Landscape Noise and Construction Noise Definitions Regarding whether the currently drafted proposal has any impact on the construction noise bylaw (which contains different wording)the following motion was made: Motion Dan moved that he be authorized to communicate directly with the Town solicitor to obtain an opinion on whether, as drafted,the NAC proposal is consistent with the wording of the construction noise bylaw.The motion was seconded by Stewart and following a roll call vote was approved unanimously by the Committee. c. Stump Grinding The Committee considered whether stump grinding should be covered by the current landscaping noise proposal. It was generally agreed that this activity be covered by the NAC proposal. It was agreed that Dan would circulate a red-lined version of the proposed insertion to the Committee for further consideration at a subsequent meeting. d. Equipment decibel limits The Committee confirmed that landscaping contractors will be required to confirm that the equipment they use conforms (via manufacturers label)to the 78 dB limited contained in the NAC proposal. e. Three(3) Year Phase Out of GLBs Dan noted that few landscapers had reached out or provided input to the Committee on the proposed phase out. Only 4 or 5 landscapers had shared their opinions. Nick briefed the Committee on work that he had undertaken with The Town's Stella Carr at MPAC.This involved working on a proposal regarding bulk purchasing among a number of local communities (6 to 8 towns). f. Potential Exemptions for Large Properties Dan noted that the Lexington DPW expressed some concern surrounding the ability of battery powered equipment to clear large properties such as the Center Playfield which covers approximately 29 acres. The Committee discussed this issue and agreed to table it until the next meeting to gain further input from the DPW. The Committee agreed to consider these issues in the context of the current draft proposal at the next meeting. 5. Next Meeting The Committee also agreed that the next meeting of the NAC take place at 7:00pm on September 14, 2021. 6. Adjournment There being no further business, the meeting was adjourned at 8:30 pm.