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HomeMy WebLinkAbout2020-10-28-NAC-min Noise Advisory Committee (NAC) Minutes of Meeting October 28, 2020 A meeting of the Noise Advisory Committee ("NAC') was held via Zoom videoconference on Wednesday October 28, 2020 at 7:00 PM. A quorum of four members was present. NAC Members Present: Dan Koretz (Chair),Vicki Blier,April Wang, Nick Afshartous, Stewart Smith Others Present: Rick Reibstein (Sustainable Lexington),Judith Glixon (Volunteer),John (Jay) Flynn (BON), Mark McConnell (former member) Opening Remarks • Approval of the Minutes Dan presented the minutes of the September 23, 2020 meeting.The committee voted to accept them. • Reports on Action Items o Lexington Community Group Presentations Judith reported that she had completed presentations to several local groups. Her report summarizing the meetings was reviewed by the Committee.The groups and their responses to the proposed landscaping bylaw are as follows: • Citizens for Lexington Conservation - endorsed and supported • Indian Association - prefer to wait and examine final proposal • League of Women Voters - presentation pending • Lexington GWAC - supported • Sustainable Lexington - supported (group wishes to see final proposal) Judith noted that the overall responses during the meetings had been positive and suggested that there was significant general support. Groups indicated that the sentiment of the GLB proposal aligns with the missions of the environmental groups and there was a reiteration of the Harvard Covid 19 study. Concerns raised during the presentations were focused on several broad areas: • Landscape Workers—the health and cost of the proposal as it impacted workers was a concern. Several suggestions included using a phase-in period and running a pilot project. • Enforcement—a general concern was how enforcement of a GLB bylaw would take place. In particular whether enforcement could be achieved without harm to workers and whether homeowners would be responsible for improper use of GLBs by landscapers they employ. The Committee discussed the issue of enforcement. It was suggested that the police department has indicated a reluctance to enforce a noise bylaw related to GLBs.The Committee considered this and various suggestions were made including approaching the Police Chief and the Town General Manager to discuss enforcement.Jay noted that, based on his experience, enforcement will be a challenge on the issue of whether GLB's are being used outside of the permitted times. Dan suggested that enforcement should take place based on measured decibels at a 50-foot range based on models. • Education—community groups suggested that NAC emphasize the air quality issue which contributes to the death of millions per year. In particular, GLB operation is seen as bad for the lungs which is significant during the pandemic. Groups also suggested that the vibration injury caused by backpack GLBs be added to the list of harmful effects. Specific requests by community groups during follow up meetings included NAC providing further information on the cost of electric/battery GLB equipment, data concerning the number and scale of landscaping companies operating in Lexington and the provision of a list of other communities in MA that have limited or banned GLBs. Generally, community groups also requested the opportunity to review the final language of the proposed bylaw. o Survey Results Mark M. updated the Committee on the most recent results of the GLB survey on Google Forms.The Committee reviewed his report. Of the 418 total responses received to date, 68%of respondents indicated that they were bothered by GLB noise. Similar levels of concern were reported for detrimental health effects related to the use and operation of GLBs, contribution to air pollution and destruction of insect and other natural habitats. Mark noted that several people responding to the survey indicated that they wanted to help with the issue. Dan suggested that we advise interested parties to communicate with their Town Meeting members and engage with their neighbors on the issue. However, he advised that they should not be advised to contact Select Board members as the Select Board relies on its Committees to aggregate public input. o Discussion of possible amendments to Draft Bylaw The Committee considered feedback received to date from various parties and discussed potential revisions to the draft bylaw under the following headings: • Phase-in of seasonal limits It was agreed that the motion should incorporate a realistic date for implementation of the bylaw. It was also agreed that the bylaw should apply to "any single piece of equipment". • Hours of GLB Operation The Committee deliberated on whether to change the hours of restricted GLB use as presently contained in the draft proposal. Dan made a motion to revise the hours of restricted operation of GLBs from 7am to Sam.The motion was seconded by Stewart and passed by the Committee. • Seasonal prohibition of all blowers,including electric/battery powered The Committee discussed the idea of prohibiting all blowers (GLB and battery/electric). After deliberation,the Committee unanimously decided that a universal ban that included battery/electric GLBs would not be sought as there appeared to be little support for it. • Limits on the number of pieces of lawn care equipment operated simultaneously The Committee discussed whether it should advocate for a limit to the number of GLBs operated simultaneously on an individual lot. After deliberation it was agreed that there would be no limit to the number of pieces of lawn equipment(GLBs) simultaneously. • Phase-in of a total ban on GLBs The Committee deliberated on the issue of whether to include a provision in the proposed bylaw that would require the phase-in of a total ban on GLBs within Town limits. Issues discussed included allowing enough time for landscaping companies to make the necessary conversion to electric equipment based on varied depreciation schedules and the need to regularly replace equipment and permitting enough time to fully consider and implement group and pooled purchasing of equipment. After deliberation it was agreed that the NAC's proposal be amended to include a three (3) year phase- out of GLBs. Dan made a motion that all use of GLB's within Lexington Town limits be phased-out by March 1, 2024. The motion was seconded by Stewart and passed by the Committee. Dan undertook to revise the draft proposal incorporating the changes referred to herein and distribute to the Committee members. o Other Business and Allocation of Tasks It was agreed that further engagement of Landscaping companies operating in Lexington was required. Various issues and suggestions were made by Committee members including the creation of a survey to be distributed to Landscapers. It was agreed that a useful starting point for considering this issue would be to obtain a copy of the presentation Jamie made to Landscapers in early October. It was also agreed that each Committee member would attempt to engage two landscaping companies from the list of organizations operating in Lexington. Suggested questions during these discussions could include: • Landscapers' current plans to shift to clean energy equipment • What is the normal depreciation on equipment currently being used? • What help could be centrally provided to achieve the conversion to clean energy(with no promises made on potential bulk purchases) • Concerns re: health consequences to workers and environment It was suggested that Committee members post other potential questions and points of engagement on Slack for use by other members. Dan agreed to contact the Lexington Town Manager to discuss potential enforcement issues. Dan also agreed to speak to Jamie regarding the availability of further education materials including the possible creation of a flyer for residential education. Stewart will engage with Jamie to finalize the PowerPoint presentation. o Next meeting The Committee agreed that the next meeting of the NAC would take place on November 24, 2020 at 7:00 pm via Zoom. There being no further business,the meeting was adjourned. Action Items Person Responsible Due Date 1. Review and update our list of towns that have Dan/Nick Ongoing regulated lawn equipment. Make calls to find success stories that can be presented to the Select Board and TM. 2. Reorganize and consolidate the information we have Stewart Complete collected over time on health effects, etc. 3. Craft one or more short blurbs and slide presentations Dan Complete based on#2, for use in approaching the groups noted below. 4. Contact the Board of Health to ask for support. We Nick(with assistance Complete should do this ASAP as soon as we have#2 done (as we from Mark S.) should reference specific studies on health effects in approaching Wendy Heiger-Bernays. 5. Request opportunities to present to Lexington civic Throughout groups, including: October and a. Sustainable Lexington a. Mark S November b. Lex GWAC b. Judith C. Citizens for Lexington Conservation c. Judith d. League of Women Voters d. Judith e. Lexington Mavens e. April f. Mothers Out Front f. Judith g. Lexington Green Teams (Cindy Arens) g. Judith 6. Create and distribute survey to collect usable data on Mark M In Progress GLB public opinion April 7. Decide whether to contact people who participated in Dan Pending earlier threads. Note that this is easier if we have something like a survey,which gives us a reason to contact them. 8. Obtain MA Medical Association resolution on leaf Stewart Completed blowers (Wendy Alker?) 9. Plan one or two virtual public meetings. Deferred Pending 10. Plan contact with TM members Deferred Pending 11. Do additional social-media work(not entirely specified Stella to assist Pending yet).