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HomeMy WebLinkAbout2019-01-16-NAC-min Town of Lexington Noise Advisory Committee Minutes of Meeting of January 16, 2019 A meeting of the Noise Advisory Committee was held on Wednesday,January 16, 2019 at 7:30 PM in the Hudson Room of Cary Hall. A quorum of three members was present. Members Present: Nick Afshartous, Mark McConnell, Lee Minardi (Chair), Dan Koretz, Joe Pato (Selectman). A quorum was present. The meeting acted on the following items: Joe Pato Introduction Joe Pato is a new member of the committee filling the Selectman position vacated by Michelle Ciccolo. This may be a temporary assignment for Joe but should be resolved by the March town election. Discussion of open-meeting law Lee: • Briefly explained the law's main points that we should follow when communicating outside of a public meeting of the committee. Joe: • Confirmed that deliberations can only be conducted in posted, open meetings. Cannot use e-mail or serial communications to deliberate. • Noted that the attorney general has a guide explaining this. • Confirmed that 3 is a quorum. • Subgroups may do background work, but this must be brought to an open meeting and not send on to other members individually by e-mail. Discussion of slides presented on December 3, 2018 to the Board of Selectmen Lee: • Started by noting some of the issues that arose in the December presentation, in particular, (1) specific noise level limits and how enforcement could be done and (2) questions about public support. Nick: • Would not be a comprehensive plan without enforcement. Joe: • Suggested "testing the water" with residents and then proceeding to a proposal. 2019 01 16-NAC-min.docx Noise Advisory Committee 2 • Suggested including a few lawn-care companies in the discussion • Suggested going to Chief Corr to get his initial views on enforcement. Dan: • We need more information about the experience of other jurisdictions with enforcement. • Chief Corr does not yet have experience with this. • A permitting system might reduce the need for police enforcement. Lee: • Who would do permitting? Joe: • The DPW now sells permits to leave yard waste at Hartwell;perhaps this could be expanded to permit lawn care. Lee: • Expressed skepticism about the practicality of enforcement. • E.g.,police would be called but would not get there in time. Dan: • The practicality of enforcement is an empirical question, and we don't yet have enough real information about it. • It isn't necessary for police to arrive in time in each instance. Police miss the vast majority of speeding incidents, but the risk of getting caught nonetheless reduces the incidence of speeding. Nick: • We have information suggesting that the limits have in fact worked in Arlington. Discussion of next steps Lee: • Committee has insufficient staff to complete this by March, 2019 for a vote by Town Committee. • Because of staffing constraints and problems with enforcement,proposed dropping the initiative. Dan: • Proposes that we no longer aim for the March 2019 Town Meeting • Proposes that we instead focus on gathering additional data that we can use to determine whether to go ahead with a proposal to the Town Meeting in 2020. Lee: • If continuing, we need to differentiate the effects of quantified noise limits from those of simply prohibiting gas-powered blowers. Dan: • We need a list of communities that have experience with limits of various kinds. Nick: • It would make sense to arrange public meetings in the meantime to see whether there is sufficient support Noise Advisory Committee 3 Joe: • Suggested ways to advertise meetings o Minuteman o Lexington list o Social media o Neighborhood lists o PTA o Green team/Lynn Jensen • Don't need to present a finished proposal at meetings;just core issues and preliminary ideas about responses Lee: • There are three main issues for discussion at public meetings o dBA limits o Limits on hours of operation o Limitations on or ban of gas-powered equipment Joe: • An additional issue is enforcement vs. permitting vs. approved equipment • Should have at least two meetings • Might get useful feedback from Sustainable Lexington and LexGWAC • People involved in Meeting will be increasingly busy now. Might be sensible to have pubic meetings after Town Meeting and after I attempt to collect more data on impact. • The second meeting could be with a draft article to discuss. • We could aim to have the entire packaged finalized by December. Plans and timing At this time, no one agreed to be the primary coordinator for a public awareness effort to raise knowledge about the committee's goal of restricting noise from powered lawn care equipment. General discussion led to agreement on the following points: • Dan volunteered to take the lead to gather data on the effectiveness of noise level enforcement. He will seek to identify a few communities that have stated quantified limits to noise produced by powered lawn-care equipment. • No public meetings will be scheduled in the meantime. • The next meeting will be scheduled after we have additional information regarding the effectiveness of noise limit bylaws on the mitigation of noise. • The committee will decide how to proceed with the noise abatement effort at that meeting. Respectfully Submitted, Dan Koretz