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Sawyer, Susan
From: lefitzgerald@yahoo.com
Sent: Thursday,June 19, 2014 8:21 PM
To: Sawyer, Susan
Subject: Re:complaint
Thanks so much for looking into this for us.We appreciate it. Laura & Paul
Sent from my iPhone
On Jun 17, 2014, at 10:39 AM, "Sawyer, Susan"<ssawyer@townofnorthandover.com>wrote:
Thank you for your patience.
The.Health Department has conducted an onsite investigation of your complaint and compiled some
additional research.A couple of the links are below.An audio clip was also provided to me by my
inspector. It was taken at your property last week. The difficult task of determining whether noise rises
to the level of a nuisance is not an exact science,so we use what is available to determine
"reasonability" in complaints such as this.
The descriptions of various sounds and their usual decibel can be found below.On the audio clip;the
noise from the industrial park is clearly evident; however there are also chirping birds heard above it.
Looking at the chart;general neighborhood noise is shown as at 30 dba and birds at 10 dba above. It is
also resembles, but is well below that of a babbling brook.Therefore,the noise appears to be within the
state's criteria as being allowable. In addition,when listening to the"comparative noise" link below is
seems that it is most like a "red noise", (described sometimes as soothing),versus a number of other
types such as"white" or"blue",which are very piercing in nature. It is interesting to listen to the
samples on this site to see what we all call "white noise" really is.
For these reasons, it has been determined by the Health Department that,at this time,there is no clear
evidence that this noise exceeds the 10 decibels over the ambient, nor does it exceed.the threshold of
what is reasonable for the type of equipment in the office park. Additional action will not be taken by
the Health Department in this matter, however this determination does not preclude you from taking
further actions on your own.Also, if we can be of any assistance in the future, please do not hesitate to
contact the office.
Thank you
Susan
http://www.industrialnoisecontrol.com/comparative-noise-examples.htm
htto://www.noisehelp.com/white-noise-generator.htmI
Susan Sawyer
Public Health Director
Town of North Andover
1600 Osgood Street
Suite 2035
North Andover,MA 01845
Phone 978.688.9540
1
r
Fax 978.688.8476
Email mailto:ssawver@townofnorthandover.com
Web www.TownofNorthAndover.com
<image001.jpg>
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are
public records.For more information please refer to:http://www.sec.state.ma.us/pre/preidx.htm.
Please consider the environment before printing this email.
<IMG 1153.mov>
it
.2
Sawyer, Susan
From: lefitzgerald@yahoo.com
Sent: Thursday,June 19, 2014 8:21 PM
To: Sawyer, Susan
Subject: Re: complaint
Thanks so much for looking into this for us.We appreciate it. Laura & Paul
Sent from my iPhone
On Jun 17, 2014, at 10:39 AM, "Sawyer, Susan" <ssawyer@townofnorthandover.com>wrote:
Thank you for your patience.
The Health Department has conducted an onsite investigation of your complaint and compiled some
additional research.A couple of the links are below.An audio clip was also provided to me by my
inspector. It was taken at your property last week. The difficult task of determining whether noise rises
to the level of a nuisance is not an exact science,so we use what is available to determine
"reasonability" in complaints such as this..
The,descriptions of various sounds and their usual decibel can be found below.On the audio clip;the
noise from the industrial park is clearly evident; however there are also chirping birds heard above it.
Looking at the chart;general neighborhood noise is shown as at 30 dba and birds at 10 dba above. It is
also resembles, but is well below that of a babbling brook.Therefore,the noise appears to be within the
state's criteria as being allowable. In addition,when listening to the "comparative noise" link below is
seems that it is most like a "red noise", (described sometimes as soothing),versus a number of other
types such as"white" or"blue",which are very piercing in nature. It is interesting to listen to the
samples on this site to see what we all call "white noise" really is.
For these reasons, it has been determined by the Health Department that, at this time,there is no clear
evidence that this noise exceeds the 10 decibels over the ambient, nor does it exceed the threshold of
what is reasonable for the type of equipment in the office park. Additional action will not be taken by
the Health Department in this matter, however this determination does not preclude you from taking
further actions on your own.Also, if we can be of any assistance in the future, please do not hesitate to
contact the office.
Thank you
Susan
http://www.industrialnoisecontrol.com/comparative-noise-examples.htm
htto://www.noisehelp.com/white-noise-generator.html
Susan Sawyer
Public Health Director
Tow of North Andover
1600 Osgood Street
Suite 2035
North Andover,MA 01845
Phone 978.688.9540
1
i
Fax 978.688.8476
Email mailto:ssawver@townofnorthandover.com
Web www.TownofNorthAndover.com
<image001.jpg>
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are
public records.For more information please refer to:http://www.sec.state.ma.us/pre/preidx.htm.
Please consider the environment before printing this email.
<IMG 1153.mov>
2
Sawyer, Susan
From: Sawyer, Susan
Sent: Tuesday,June 17, 2014 10:39 AM
To: 'lefitzgerald@yahoo.com'
Cc: Blackburn, Lisa; Grant, Michele
Subject: complaint
Attachments: IMG 1153.mov
Thank you for your patience.
The Health Department has conducted an onsite investigation of your complaint and compiled some additional
research.A couple of the links are below.An audio clip was also provided to me by my inspector. It was taken at your
property last week. The difficult task of determining whether noise rises to the level of a nuisance is not an exact
science,so we use what is available to determine"reasonability" in complaints such as this.
The descriptions of various sounds and their usual decibel can be found below.On the audio clip;the noise from the
industrial park is clearly evident; however there are also chirping birds heard above it. Looking at the chart;general
neighborhood noise is shown as at 30 dba and birds at 10 dba above. It is also resembles, but is well below that of a
babbling brook.Therefore,the noise appears to be within the state's criteria as being allowable. In addition,when
listening to the"comparative noise" link below is seems that it is most like a "red noise", (described sometimes as
soothing),versus a number of other types such as"white"or"blue",which are very piercing in nature. It is interesting to
listen to the samples on this site to see what we all call "white noise" really is.
For these reasons, it has been determined by the Health Department that, at this time,there is no clear evidence that
this noise exceeds the 10 decibels over the ambient, nor does it exceed the threshold of what is reasonable for the type
of equipment in the office park. Additional action will not be taken by the Health Department in this matter, however
this determination does not preclude you from taking further actions on your own.Also, if we can be of any assistance in
the future, please do not hesitate to contact the office.
Thank you
Susan
http://wwW.industrialnoisecontrol.com/comparative-noise-examples.htm
http://www.noiseheIp.com/white-noise-generator.htmI
Susan Sawyer
Public Health Director
Town of North Andover.
1600 Osgood Street
Suite 2035
North Andover,MA 01845
Phone 978:688.9540
Fax 978.688.8476
Email mailto:ssawver@townofnorthandover.com
Web www.TownofNorthAndover.com
1
2
Sawyer, Susan
From: lefitzgerald@yahoo.com
Sent: Thursday,June 05, 2014 9:39 PM
To: Sawyer, Susan 1
Subject: Fwd: questions regarding e-mail noise complaint
Hello
Sorry for the delay in getting back to you. Here are the answers to the questions you asked. My husband did
walk back through our yard to the back of the buildings and drove around to the front to try and pinpoint the
noise. Thanks so much for looking into this. Laura Fabiano
Sent from my Whone
From: "Fabian, Paul M" <fabiano.pAtbcam.com>
Date: May 27, 2014 at 12:06:10 PM EDT
To: "lefitz eg raldgyahoo.com" <lefitz eg raldnyahoo.com>
Subject: RE: questions regarding e-mail noise .
From: lefitzgerald@yahoo.com [mailto:lefitzgeraldC&yahoo.com]
Sent: Tuesday, May 27, 2014 11:25 AM
To Fabiano, Paul M
Subject: Fwd: questions regarding e-mail noise complaint
o
Begin forwarded message:
From: "Sawyer, Susan" <ssawyer@townofnorthandover.com>
Date: May 7, 2014 at 10:20:22 AM EDT
To: "'lefitz eraldgyahoo.com <lefitz erald @yahoo.com>
Cc: "Blackburn, Lisa" <LBlackbum@townofnorthandover.com>, "Grant,
Michele" <m rg ant@townofnorthandover.com>
Subject: questions regarding e-mail noise complaint
Good morning,
I just left a message at your home. I am looking at a satellite photo and have located the
properties in question and have a couple of questions before we involve a state
agency. (see attached)
1) You identified#70 Flagship(found as Jomat LLC)as the noise generator; could
you tell me how you came to this conclusion?
1
I
Both 70&80 Flagship Drive have manufacturing/HVAC equipment
on their roofs. 70 Flagship Drive also has equipment on the side
next to 80 Flagship Drive. 70 Flagship Drive has more
equipment. Even walking up to the buildings, it's difficult to
pinpoint the source but it seems to be 70 Flagship Drive.
2) How would you describe the noise; is it continuous; intermittent; low pitch
etc? Day or night?
The noise is continuous/constant day and night, 24/7.
3) Is there a certain time of day that there appears to bean increase or
decrease?
No. The noise is continuous/constant day and night, 24/7.
I
4) Have you contacted anyone at#70 to explain your position on the nuisance?
No.
a. If yes,whom have you spoken to and when and what was the result
of the conversation?
Thank you
From: Sawyer, Susan
Sent: Tuesday, May 06, 2014 5:29 PM
To: 'lefitzgerald@yahoo.com'
Cc: Blackburn, Lisa; Grant, Michele
Subject: FW: e-mail from town website
Dear Paul and Laura
I apologize that I have not emailed you until now.As you know the health Department
has many regulations to enforce; such as septic systems. We also investigate nuisances
like noise on occasion. I may be mistaken, but believe that I may have spoken to you last
summer in regards to your moving to Marian Drive and that you were an abutter to
that industrial area.
Unfortunately,local Health Departments do not own noise monitoring equipment, but
sometimes the state will assist us with theirs to establish decibel rates. I will email my
contact with that division of Dept of Env. Protection and let you know if you when I get a
response.
Thankyou
Susan Sawyer
Susan Sawyer
2
Public Health Director
Town of North Andover
1600 Osgood Street
Suite 2035
North Andover,MA 01845
Phone 978.688.9540
Fax 978.688.8476
Email mailto:ssawver@townofnorthandover.com
Web www.TownofNorthAndover.com
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more
information please refer to:hfto://vwuw.sec.state.ma.us/ore/oreidx.htm.
Please consider the environment before printing this email.
3
70 FLAGSHIP DRIVE 107.C--0079
Complaint Detail Report
Printed On:Tue Apr 29,2014
Complaint#: CT-2014-000049 Status: 10pen GIS"#: 7842 Violator: Jomatt,LLC
max,,-n6 Address: 70 FLAGSHIP DRIVE Map: 107.0 Address: ONE THOMPSON SQUARES
-:• Date Recvd.: Apr-29-2014 Time Recvd.: 11:06 AM Block: 0079 v, CHARLESTOWN,MA 02129
Category: Noise Lots Type: Commercial
ago GeoTMS Module: 113oard of Health District:` Trade: Manufacturing
Recorded By: ILisa Blackburn Zoning: r Structure:
Description
Complaint: Email sent from Laura&Paul Fabiano of 89 Marian Dr.regarding noise complaint from commercial building at 70 Flagship Dr.OOhnson Matthey Pharmaceutical).
Comments:
Inspector Assigned to Complaint: Susan Sawyer
i
Contacts
Contact Type Date Time Name Phone Best Time To Reach Recorded By Response
Letter Apr-29-2014 11:06 Laura&Paul Fabiano (978)684-2063 0 Lisa Blackburn Follow-Up by Health
AM Director
Actions Taken
GeoTMS Module Status Date Time Response Type Action Taken Comments
Board of Health REFERRAL
GeoTMS®2014 Des Lauriers Municipal Solutions, Inc. Page 1 of 1
Sawyer, Susan
From: Curran, Bernadette
Sent: Tuesday,April 29, 2014 11:06 AM
To: Sawyer, Susan
Subject: e-mail from town website
Attachments: Attach0.html
From: laura fabiano [mailtodefitzgerald(ftahoo.com]
Sent: Tuesday, April 29, 2014 10:50 AM
To: Curran, Bernadette
Subject: Comments About the Web Site/ Report a Broken Link
Request From: laura fabiano
Email: lefitzgerald@yahoo. com
Source IP: 108 . 49. 203 . 9
Address : 89 marian drive
City: north andover
State— ma
Zip: 01845
Phone: 978-684-2063
Organization:
Hello I live on Marian. Drive. We moved here over the summer. We are
#89, right behind the industrial buildings . In the summer, you could
not see the buildings because of the trees . In the winter, it is a
different story and they are clearly visible. I understand we bought
this house and knew about the buildings, but I want to be sure they are
operating within their noise restrictions etc. They are very very
loud. I think it ' s their HVAC units? but not sure. Are they required
to block some of the noise? with a small wall or something? Also are
they allowed to park behind the buildings, abutting our
property? Should people be back there? Also delivery trucks, time of
deliverys etc. I am fine with the buildings, but just want to be sure
it could not be a bit quieter o
r have less commotion going on. I would really appreciate someone
looking into this matter. We would love someone to come by and look at
what we see and hear from our yard. Not sure how you measure the noise
but if it ' s over the limit it would be great if they could make it
quieter somehow. Thanks you Also, my husband put an email together
with more specifics but not sure where to send it. Thanks Laura
Fabiano
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public,records.For
more information please refer to:http://www.sec.state.ma.us/pre/preidx.htm.
I 1
i
s
Sawyer, Susan Q_
From: Curran, Bernadette
Sent:. Tuesday,April 29, 2014 11:06 AM
To: Sawyer, Susan
Subject: e-mail from town website
Attachments: Attach0.html
From: Laura &Paul fabiano rmailto:lefitzgerald@yahoo.com]
Sent: Tuesday, April 29, 2014 11:02 AM
To: Curran, Bernadette
Subject: General Comments to the Town
Request From: Laura & Paul Fabiano
Email: lefitzgerald@yahoo. com
Source IP: 108 . 49 . 203 . 9
Address : 89 Marian Drive
City: North Andover
State: MA
Zip: 01845
Phone: 978-684-2063
Organization:
Hello,
I moved to Marian Drive a while back.
I abut. 70 Flagship Drive (Johnson Matthey Pharmaceutical). which has many
HVAC & . manufacturing units, primarily on their roof, running 24/7 .
The noise could be classified as white noise in that it is constant but
it can be a nuisance, more so at night. There doesn' t seem to be any
sound attenuating equipment (sound walls/absorbers, etc. ) .
Has this noise ever been metered on a Marian Drive abutters property?
Would this noise fall under the scope of the MassDEP (310 CMR 7 . 00) in
that noises exceeding 10 dB (A) above ambient may require mitigation
steps? I'm not . familiar with what this would even equate to or what
type of level this noise is at.
Thanks,
1
Paul
k
& Laura Fabiano
I just sent a message as well. This is the email my husband wrote.
I believe this should go to the health department .
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For
more information please refer to:http://www.sec.state.ma.us/pre/preidx.htm.
Please consider the environment before printing this email.
2
Request' From: Laura & Paul Fabiano
Email: lefitzgerald@yahoo. com
Source IP: 108 . 49. 203 . 9
Address,: 89 Marian Drive
City: North Andover
State: MA
Zip: 01845
Phone: 978-684-2063
Organization:
Hello,
I moved to Marian Drive a while back.
I abut 70 Flagship Drive (Johnson Matthey Pharmaceutical) which has many
HVAC & ,manufacturing units, primarily on their roof, running 24/7 .
The noise could be classified as white noise in that it is constant but
it can 'be a nuisance, more so at night. There doesn' t seem to be any
sound attenuating equipment (sound walls/absorbers, etc. ) .
Has this noise .ever been metered on a Marian Drive abutters property?
Would this noise fall, under the scope of the MassDEP (310 CMR 7 . 00) in
that noises exceeding 10 dB (A) above ambient may require mitigation
steps? ' I'm not familiar with . what this would even equate to or what
type of level this noise is at .
Thanks,
Paul
& Laura Fabiano
I just sent a message as well. This is the email my husband wrote.
I believe this should go to the health department.
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For
more information please refer to:http://www.sec.state.ma.us/pre/preidx.htm.
Please consider the environment before printing this email.
� 2
i
Sawyer, Susan
From: Sawyer, Susan
Sent: Tuesday, May 06, 2014 5:29 PM
To: 'lefitzgerald@yahoo.com'
j Cc: Blackburn, Lisa;Grant, Michele
Subject: FW: e-mail from town website
Attachments: Attach0.html
Dear Paul and Laura,
I apologize that I have not emailed you until now.As you know the health Department has many regulations to
enforce; such as septic systems. We also investigate nuisances like noise on occasion. I may be mistaken, but believe
that I may have spoken to you last summer in regards to your moving to Marian Drive and that you were an abutter
to that industrial area.
Unfortunately, local Health Departments do not own noise monitoring equipment, but sometimes the state will
assist us with theirs to establish decibel rates. I will email my contact with that division of Dept of Env. Protection and
let you know if you when I get a response.
Thank you i
Susan Sawyer
Susan Sawyer
Public Health Director
Town of North Andover
1600 Osgood Street
Suite 2035
North Andover,MA 01845
Phone 978.688.9540
Fax 978.688.8476
Email mailto:ssawver@townofnorthandover.com
Web www.TownofNorthAndover.com
From: Laura &Paul Fabiano [mailto:lefitzgerald(abyahoo.com]
Sent: Tuesday, April 29, 2014 11:02 AM
To: Curran, Bernadette
Subject: General Comments to the Town
1 '
I
North Andover MiMAP Flagship and Marian May 7, 2014
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SIR - Horizontal Datum:MA Stateplane Coordinate System,Datum NAD83,
--Roads Meters Data Sources:The data for this map was produced by Merrimack
Ci Easements - - NORTIy Valley Planning Commission(MVPC)using data provided by the Town of
pf rter '�4 North Andover.Additional data provided by the Executive Office of
Q MVPC Boundary - ? ba�t� ���00 - Environmental ABairs/MassGIS.The information depicted on this map is
Parcels 3' _ L for planning purposes only.It may not be adequate for legal boundary
f F definition or regulatory interpretation.THE TOWN OF NORTH ANDOVER
MAKES NO WARRANTIES,EXPRESSED OR IMPLIED;CONCERNING
# r► THE ACCURACY,COMPLETENESS,RELIABILITY,OR SUITABILITY
OF THESE DATA.THE TOWN OF NORTH ANDOVER DOES NOT
# o�+ .. ,�' • - ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF
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