Published in the September 20, 2017 edition

By DAN TOMASELLO

LYNNFIELD — Greater enforcement is needed in order to improve the berm and noise management issues at MarketStreet, a group of residents told the MarketStreet Advisory Committee (MSAC) on Sept. 14.

The MSAC held a public hearing on the berm and noise issues as part of an effort to collect feedback from local residents. MSAC Chairwoman Jennifer Bayer said the public hearing will kick off a series of hearings pertaining to different issues related to the outdoor mall.

“We will hear feedback on other matters of interest such as traffic at future meetings,” said Bayer.

Bayer said the MSAC “is tasked with looking at all facts” for the different issues associated with MarketStreet. She said subcommittees have been established, and the subcommittees are currently “fact finding as part of the discovery process.”

“(Residents’) feedback provides us with key information,” said Bayer. “When the noise management and berm subcommittees feel as though they have gathered all facts, they will summarize the information and present it to the committee at large. If there is a recommendation, they will share that recommendation with the committee at that time. The MarketStreet Advisory Committee will then decide as a group if an advisement to the selectmen is necessary and if so, what that advisement will be.”

There were several residents who spoke during the public hearing out of the dozen attendees.

Noise issues

David Moynihan, 285 Walnut St., said he has been “very vocal” about noise-related issues such as leaf blowing at 5:30 a.m. He said he is “happy” that leaf blowing at the crack of dawn “seems to have ceased.” He thanked MarketStreet General Manager Nanci Horn for listening to his concerns.

“It’s been pleasant,” said Moynihan. “I know people are listening and acting.”

While Moynihan is pleased noise issues have improved, he said he’s going to “reserve judgment about winter snow plowing.”

“I know I am not the only resident who feels like they’re under an artillery barrage at times,” he said.

David Basile, 15 Fernway, said the Planned Village District Development (PVDD) agreement states noise “is supposed to stop at the property line.”

“We can still hear bands playing and music on a pretty consistent basis,” said Basile. “It’s not loud. It’s like somebody has a radio on. The regulation calls for noise to stop at the property line and I understand that is very difficult, but that is what it says.”

Joe DeMaina, 11 Alexandra Rd., said the development agreement stipulates sound must be no higher than nine decibels. He said the “issue with snow plowing is the slamming down of front-end loaders in the middle of the night.”

“The first time I heard it I thought there was a crash on Route 128,” said DeMaina. “One of the problems with snow plowing is it continues the next day. If it snows on a Monday, then they plow on Monday night and then they are moving the snow around on Tuesday night. It’s like they are having a contest to see who can make the loudest noise. It’s appalling.”

DeMaina said the Police Department informed him the town cannot do anything about the noise issues unless the town adopts a bylaw pertaining to noise regulations. He said the Planning Board and Board of Selectmen have informed him neither is able to enforce noise-related issues.

“The basic problem with both the berm and the noise is there is no authority that you can go to and say this is in violation of the design standards,” said DeMaina. “We have standards with no enforcement and if you have standards with no enforcement, you have no standards.”

Berm issues

Jim Fox, 6 Hawkes Ln., said MarketStreet’s berm and noise issues are interconnected. He said both issues are “the Building Department’s problem.”

“It’s up to the Building Department to enforce the various regulations on this property,” said Fox. “There is no doubt in my mind that if the berm met the standards it was supposed to meet, it would cut back some of that noise coming from across the parking lot. And the police should be able to tell the bars to cut it back. If the berm had been properly done, it may not be as big of a problem as it is.”

Fox said the time has come for residents to start picketing National Development Managing Partner Ted Tye’s offices until he agrees to address residents’ concerns.

“Somebody in this town whether it’s the selectmen or whoever else needs to start taking care of people in this town and not Ted Tye,” said Fox. “Ted Tye doesn’t live in this town and doesn’t vote in this town. The people in this town are second class citizens to Ted Tye and it has to stop, and it has to start with the elected officials in this town.”

DeMaina presented the MSAC with a Powerpoint presentation comparing National Development’s original plan for the berm versus the one that was built.

“We were told many times to our face that the berm was going to prevent us from seeing buildings from Walnut Street,” said DeMaina. “We have told Ted over and over again he has to do something about the trees.”

DeMaina said the berm will not be able to hide the new Lahey building, which he said is going to be “right in our face.” He argued the building’s location violates the development agreement with the town, and the building should be relocated to the back of the property.

“We are at the mercy of whatever National Development wants to do because we don’t have any authority,” said DeMaina. “We need enforceable rules and we need the authority and the structure to enforcement them.”

Moynihan said he worked with Tye and consultant Angus Jennings to come up with the proposal for the berm when MarketStreet was first proposed. While he said the berm’s height is “fine,” he said it needs better landscaping. He said installing an irrigation system or replacing vegetation can resolve the issue.

“Dead stuff is being allowed to sit there dead,” said Moynihan. “Not only is it not doing anything, it’s also unsightly. It never came out the way it was intended and it’s because of neglect. Somebody needs to put the pressure on and say this is not what was intended.”

Basile agreed.

“There is no irrigation and plants are allowed to die,” said Basile. “Everybody has the same viewpoint here, and that is there is no enforcement. If there is an effort from the (MSAC) to communicate something to the Board of Selectmen, it’s some clarity on enforcement.”