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HomeMy WebLinkAbout2020-07-08-NAC-min Town of Lexington Noise Advisory Committee (NAC) Minutes of Meeting July 8,2020 A meeting of the Noise Advisory Committee ("NAC")was held via Zoom videoconference on Wednesday July 8, 2020 at 7:00 PM. A quorum of four members was present. NAC Members Present: Dan Koretz (Chair), Mark McConnell,April Wang, Nick Afshartous, Mark Sandeen, Stewart Smith Others Present: Rick Reibstein (Sustainable Lexington), Stella Carr(Sustainability Director Lexington), Michelle Ciccolo (State Representative), Lee Minardi (Past NAC Chair),Judith Glixon (Volunteer) Opening Remarks Dan presented the minutes of the June 10, 2020 meeting.The committee voted to accept them. Review of Action Items/New Business Dan addressed the Action Items contained within the Minutes from the June 10, 2020 meeting. He requested that the items be divided up among committee members/volunteers and the establishment of deadlines for completion.The Committee agreed. As per the numbered Action items: 1. Dan will undertake to update the list of Towns which have regulated lawn equipment. Nick indicated that Jamie has a similar list and agreed to provide Dan with a copy. It was agreed that this item, along with the following item number 2 take place as soon as possible. Updated information will be used to create concise talking points for use during presentations to various community groups, health organizations and community leaders. After discussing this item the Committee agreed that updates to the list should ideally include: • Any changes to the situation in the towns in the Committee's existing list. • What lawn equipment is covered (e.g. including blowers, lawn mowers etc.) • What restrictions are in place for electric equipment(noise levels etc.) • Information on the successes and failures of efforts in different towns. • Identifying towns which have outright bans and/or phase-out provisions and the length of such phase-outs • Information on the hours and dates of permitted operation of all lawn equipment. Concerning the characteristics of successful outcomes in other towns, Dan noted that may be difficult to determine what factors resulted in a successful campaign to regulate lawn equipment. 2. Stewart will undertake to collect, re-organize and consolidate the information collected over time on the health effects of gas operated law equipment. It was recommended that he have reference to Nick's page on the Town website, collected information on the NAC Slack site and on the Quiet Communities website (Jamie). 3. NAC members will work towards the creation of concise talking points and presentations when the information in items 1 and 2 have been updated. 4. Nick will undertake to communicate with Wendy Heiger-Bernays at the Board of Health. Mark S. agreed to provide contact information to Nick regarding this item. 5. Judith undertook to communicate with each of the groups referenced in parts a) through g) of this item with exception of Sustainable Lexington of which Mark S. is currently a member. She noted that she would require speaking points derived from items 1 and 2 before proceeding. Judith also queried about contact with Black and Chinese American community leaders. April noted that she has been in contact with leaders in the latter organizations who represent 500 to 600 residents. She indicated that she has email lists and will assist with the appropriate communications. Mark S. also suggested reaching out to active Indian community groups and he would make arrangements to obtain contact names and information. Rick suggested that the approach to NAC's communications with community groups should be with a view to encourage residents to start taking their own independent steps regarding lawn equipment noise ahead of the bylaw proposal (e.g. engaging in discussions with landscapers and neighbors to begin using lower decibel electric law equipment). Regarding part h) Mark M. agreed to draft a survey(potentially using Survey Monkey) as a means of determining the primary sources of complaint related to gas powered equipment(i.e. noise, smell etc). Regarding the wording of survey questions NAC agreed that draft questions could be circulated among small groups of Committee members and non-members for comments and revision ahead of approval by the full NAC at a future meeting. Regarding part i) it was agreed that efforts to contact participants in earlier threads would take place in conjunction with the planned survey. 6. Dan then presented the Committee with the draft wording of the proposed Law Care Motion. The Committee members reviewed the draft and discussed changes proposed by members. Nick noted that the draft as presented was outdated as it omitted a phase-out clause related to gas powered law equipment. He suggested wording to include a phase out of gas equipment after 1 to 2 years and noted that other communities had done a phase-out. He also noted that setting decibel limits on equipment was tantamount to a ban. Mark S. suggested that passage of a bylaw including a ban or phase-out would be more difficult to pass politically as Select Board members will likely be sensitive to anticipated push back from the community and lawn care organizations. He suggested that NAC focus on communities who have been successful passing an ordinance and follow that approach as it relates to the language used and, in the case of an approved ban,the length of time involved in the phase-out. Dan advised that it was generally difficult to determine what combination of factors had been successful in other communities. Rick also referenced other communities (including Newton)who had sought a gas-powered equipment ban and the resulting mobilization by lawn care providers against those proposals. Other discussion focused on the decibel limits for gas-powered equipment that should be incorporated in the draft bylaw. Dan suggested that the equipment manufacturer's noise emission designation be used and that commercial companies be required to use equipment that is designated up to a limit of 78clB. Stella also suggested that the wording be phrased as "lawn care requirements" in order make it a more positive approach as opposed to a prohibition. Incorporating various proposed amendments to the draft working proposal, Dan moved to amend the working draft as indicated (and included in the minutes below).The motion was seconded by Stewart and following a rollcall voted,the motion was carried unanimously. State Representative Michelle Ciccolo joined the meeting via Zoom at this point and Committee members introduced themselves. Other Business Michelle inquired as to the status of an MAPC grant requested to facilitate the purchase of noise compliant equipment. Rick advised that his group was preparing to make a request to MPAC at this time. Michelle noted that due to the ongoing CV19 pandemic the State government's priorities may result in delays in the MPAC approval process. She indicated it was unlikely any grants would be approved by the end of the year. Dan noted that the real cost to converting to electrical equipment was in the cost of batteries. Nick asked for Michelle's opinion on incorporating wording related to a ban into a proposed bylaw. Michelle suggested that moving forward without including a ban would be preferable but indicated that she was supportive of a ban which could be proposed in the future after the passage of the current draft. Rick noted that gas powered equipment harms the lungs of workers and others and the potential of CV19 being transmitted by leaf blowers. He observed that the implementation of a phase-out would be easier with grants from the State. Adjournment There being no further business the Committee agreed that the next meeting of NAC would be at 7 pm on August 5, 2020. The meeting was adjourned. Action Items: Action Items Person Responsible Due Date 1. Review and update our list of towns that have Dan ASAP regulated lawn equipment. Make calls to find success stories that can be presented to the Select Board and TM.Jamie can probably help with this. 2. Reorganize and consolidate the information we Stewart ASAP have collected over time on health effects, etc. 3. Craft one or more short blurbs and slide presentations based on#2,for use in approaching the groups noted below. 4. Contact the Board of Health to ask for support. Nick(with We should do this ASAP as soon as we have#2 done (as assistance from we should reference specific studies on health effects Mark S.) in approaching Wendy Heiger-Bernays. 5. Request opportunities to present to Lexington civic groups, including: a. Sustainable Lexington Mark S. b. Lex GWAC Judith C. Citizens for Lexington Conservation Judith d. League of Women Voters Judith e. Lexington Mavens Judith f. Mothers Out Front Judith g. Lexington Green Teams (Cindy Arens) Judith h. Decide whether we want to field a survey to Mark M. collect usable data on complaints i. Decide whether to contact people who Dan participated in earlier threads. Note that this is easier if we have something like a survey,which gives us a reason to contact them. 6. Obtain MA Medical Association resolution on Stewart Completed leaf blowers (Wendy Alker?) 7. Plan one or two virtual public meetings. Deferred until 8. Plan contact with TM members August 9. Do additional social-media work(not entirely specified Stella to assist yet). Approved Motions: Draft Lawn Care Motion as Approved July 8, 2020 NAC Minutes 1. Gas Powered Leaf Blowers and Gas Powered String Trimmers are restricted to the following days of the year and time of day. March 15 to April 30 and October 1 to December 1 Mondays— Fridays 7 am to 5 pm Saturdays—9 am to 5 pm Sundays and Legal Holidays 9 am to 5 pm, residents only 2. The use of all other gas-or electric-powered lawn care equipment is restricted to the following hours of operation: All year Mondays— Fridays 7 am to 6 pm Commercial Lawn Care Companies Mondays— Fridays 7 am to 8 pm Residents only Saturdays—9 am to 5 pm Sundays and Legal Holidays 9 am to 5 pm, residents only Noise limits for all lawn equipment shall be no more than 78 dbA at 50 feet, as certified by the manufacturer. Exception for DPW: DPW hours of operation exclusion during these two periods is 7 am to 7 pm for March 15 to April 30 and 7 am to 5 pm October 1 to December 1 and is restricted to only town land.