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Report of the Committee on Public Health and Public Safety
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Official Text
REPORT OF THE COMMITTEEON PUBLIC HEALTH AND PUBLIC SAFETYThe Committee on Public Health and Public Safety convened on May 10, 2010, with Chairman William White presiding and Committee Member Alderman John Connolly also present and voting. Also present were Aldermen Sean O?Donovan, Dennis Sullivan and Maryann Heuston, Administrative Assistant Matt Dias, Executive Director of OSPCD Monica Lamboy, Superintendent of Inspectional Services Ed Nuzzo, Police Chief Michael Cabral, Assistant City Solicitor David Shapiro, Joseph Sater from Highland Armory Realty Trust, Debra McLaughlin - Manager - Arts at the Armory, Attorney Paul Prew (representing the owner of 515 Somerville Avenue) and interested members of the public.189248 - Noise from Arts at the Armory:Alderman O?Donovan spoke about complaints he received regarding noise from performances at the Armory and from patrons exiting the building at night. His understanding is that the owner of the Armory has hired a sound engineer hired to study the matter, but as yet, no remedy has been forthcoming. Alderman O?Donovan acknowledged that he has received communications from constituents on both sides of the issue, i.e., some are complaining about the noise while others maintain that there is no noise being heard. There have been other issues involving this facility, however many of those have been minimized, but the noise needs to be addressed.Several residents spoke on this issue, summarized as follows:? Generally, the sound from performances is not overly loud, but some are. As the weather warms and windows are opened, it will be worse.? Neighbor 2 doors down, doesn?t hear sound in her home.? The loudness varies by event - if PA system used, it can be heard in the house. Tenants are being disturbed and neighbors are being tortured.? Everything from the Caf? can be heard. Calls have been made to the police to report the noise.? Neighbors want the armory to succeed but if any resident has to leave - it?s a failed contract.? Issue with the parking lot - patrons drinking prior to performances, public urinating and noise from patrons leaving the club.? Muffled noise can be heard as shows ends, but it?s not disturbing. The acoustics in the neighborhood are peculiar, possibly explaining why some hear the noise while others don?t.? ? Patrons exit the armory and sit on his wall drinking beer. He never experienced parking problems prior to the facility opening but now he may lose tenants due to parking problems.? Sound can be heard with the windows closed. Children are being awakened from sleep.Chief Cabral presented the incident report for the armory from 1997 to 2010. During that period, there were 4 complaints, (1 in 1997, 1 in 1999 and 2 in 2010). Police details are provided at the request of the owner, but the Chief said that he may order a detail if alcohol is being served. As a matter of practice, detail officers should clear the parking lot after the building is cleared. The matter at hand is a quality of life issue. The Chief urged residents to call the police if there is a problem and to make sure that their complaint is entered into the log so that statistics can be accumulated. The police will now be using a decibel meter when responding to noise complaints. In order for the noise to be in violation of applicable codes, it must be at least 70 db for a duration of 10 minutes. Neighbors said that because songs played by performers at the armory may last 3 or 4 minutes and have a brief pause between them, the 70/10 requirement will most likely not be met, thereby not triggering a violation of the noise ordinance.Mr. Sater addressed the committee and stated that he spent $65,000 to have 18? of insulation installed in the ceiling and another $160,000 to install double paned windows. Any conditions that were mandated by the city were complied with. Ms. McLaughlin told the members that the business has been responsive to neighborhood concerns and she distributed a listing of complaints received and remedial actions taken. The sound engineer came in April 2010 and abutters were invited to meet with him. The results of his analysis have yet to be returned and he has asked the armory to provide some additional information. Performances are monitored for sound levels, both inside the building and out, using decibel meters. In an effort to work with the community, the armory has held only acoustic performances since March 2010 in the Caf? and will continue to do so until the results of the sound study is returned, hopefully within a month. Ms. McLaughlin noted that the Caf? is not a nightclub and liquor is not served.Alderman O?Donovan will speak with the Traffic and Parking Department about the parking problems and he requested that the Committee review this matter in 30 days. He urged Mr. Sater and Ms. McLaughlin to address this issue now. Alderman O?Donovan told the members that the license calls for the business to close at 11:00 PM on Thursday, Friday and Saturday nights and at 10:00 PM all other nights. Chairman White asked Ms. Lamboy to email a copy of the Armory?s permit to committee. Alderman O?Donovan also said that the business has been approved for a beer wine license but that the license has not been received yet. Chairman White asked Chief Cabral to implement police details when beer and wine is being served and he asked Mr. Sater to explore the possibility of installing a sound deadening fence. Chairman White told those present that the committee might make a field trip to examine situation, firsthand. A follow-up meeting will be scheduled to discuss this matter further. Mr. Nuzzo requested that Ms. McLaughlin send next month?s performance schedule to him.515 Somerville Avenue:Ms. Lamboy addressed the committee and said that the developer has met all of the May 1st deadlines required by the DEP. There are still some asbestos removal issues that need to be addressed and removal of contaminated products should commence soon. When all environmental issues are resolved, construction can begin. Attorney Prew spoke about the asbestos mitigation and said that soil samples will taken and sent for testing to determine if contaminants are still present. The dumpsters at the site need to be moved first, however Testing results should be returned in 48-72 hours. If contaminants are still present, then layers of soil will continue to be removed until soil testing indicates that the ground is safe. Mr. Nuzzo said that the DEP has been on-site for about 6 days doing testing and he said that the soil on-site is being covered so it doesn?t get wind blown around.Claudia Morrow, a resident of the area, told the members that the city has no ordinance regarding asbestos and she stated that the developer was at the site after being shut down by the state. Lydia Costa, the owner of an abutting property, said that the piles of soil at the site were covered because they contain contaminated residual and she said that the city does not understand that this developer is not capable of handling this project. Ms. Lamboy will be meeting with the DEP this week and will get information regarding remaining piles.Alderman Heuston expressed her concern regarding the developer?s plan to repair the outbuilding on the property and asked why the building was needed and why it was being used for storage. Chairman White doesn?t think that the repair of the outbuilding is de minimus and he feels that the decision to repair it should have been made by the ZBA after conducting a public hearing, therefore, he asked Ms. Lamboy to reconsider the decision to use outbuilding for storage. Mr. Shapiro said that if the decision is determined to not be de minimus, the city could rescind the prior authorization without incurring any penalty and require that a permit be granted.There was a discussion about a temporary curb cut on Laurel Street and residents stated that Laurel Street cannot be used for egress because it is too dense. Mr. Nuzzo said that he needs to know if it?s ok to make the twenty foot curb cut and he was informed that the issue might be moot if the work on the outbuilding does not go forward. Chairman White made it clear that the committee has no power to approve or disapprove curb cuts and he asked Mr. Nuzzo to look at the developer?s moving of the fence from Somerville Avenue to Laurel Street, in anticipation of the curb cut being made. Alderman Heuston asked Mr. Shapiro to review the ordinance regarding curb cuts and to submit the information to the committee.Ms. Lamboy spoke about the extensions that have been granted to the developer, noting that the initial expiration date of the permit was at the end of May or early in June of 2009. A six month extension was granted in November of 2009 and expires at the end of this month. Chairman White cited an ordinance that essentially stated that the special permit time of 2 years has expired and good cause is needed to grant an extension since substantial building has not taken place. Chairman White asked Mr. Shapiro to review the ordinance. A follow-up meeting will be scheduled for the end of May or early June.189012 - DCR cleaning/maintenance schedule for all of their open space:Mr. Dias provided the requested information to the committee.189014 - Identify dangerous potholes:Chairman White asked Mr. Dias to provide a list of streets with dangerous potholes.189102 - Map of DCR or Mass Highway areas:Mr. Dias will forward the map to the committee.189013 - Lighting, maintenance and fence repairs on the pedestrian path under Rt. 93 from the Super Stop and Shop to Assembly Square:Mr. Dias will send a communication to the appropriate state agency.No papers were acted on.