Approval of MacDougalls’ Proposed Boat Racks Conditioned on Noise Abatement

MacDougall’s Cape Cod Marine Service, Inc. requested approval from the Planning Board and Zoning Board of Appeals to “install four three-tier racks for increased year-round boat capacity at property located at 145 Falmouth Heights Road”.

At the Planning Board meeting on March 17, 2015, the presentation and subsequent discussion focused on the siting of the boat racks, the associated parking requirements, traffic impacts and the additional noise which would be created by the back-up alarms on the fork lift to be used to load and unload the boats.

The additional boat racks “will allow them to increase their capacity, improve their efficiency, increase employment opportunities and increase their capacity for boats. The site currently has 150 parking spaces and 86 berths.” Only 146 parking spaces are required; one for every berth (86 + 60 = 146). “The applicant has taken measures to improve traffic flow and pedestrian safety. These tiers will be entirely on the already paved portion of the property. There is ample space and parking and will comply with all setbacks”. (Quotes taken from the 3/17 online Minutes.)

The President of the abutting BoatYard Condominiums spoke regarding their concerns about increased traffic on Falmouth Heights Road and noise caused by the back-up beeping of the forklift. The MacDougalls’ attorney, Robert Ament, replied that this “activity should have minimal impact.”

The hearing was continued to March 31 in order to allow Planning Board members the opportunity to visit the site and to allow the Fire department the opportunity to comment.

At the March 31 Planning Board meeting, all discussion, including public comment, was limited solely to site review. Noise, parking and concerns of this type are “use” issues, unrelated to site, so they were not heard by the Board. After some further questions from the Board to MacDougalls’, acknowledgement of some letters from the public, receipt of approval by both the Falmouth Fire Department and Harbor Master, siting of the proposed boat racks was passed.

The Planning Board chair suggested that the neighbors and MacDougalls’ representatives meet to discuss the noise issue prior to the Zoning Board of Appeals hearing. Attorney Ament and his associate, Atty. Kevin Klauer, invited direct abutter Paula Lichter, and Tom DeLotto, MacDougalls’ Special Project Manager, to meet at their offices. Ms. Lichter’s main concern was the noise that would ensue from the back-up beeping of the fork lift. A test run indicated that the additional beeping could be up to an additional 1 hour per day. MacDougalls understood the concern, and committed to investigating sound mitigation options.

Less than 24 hours after that meeting, Mr. DeLotto and new General Manager Jeff MacDougall informed Ms. Lichter that they would retro-fit all of their equipment with the Brigade SA-BBS “white sound” alarms. These alarms auto adjust to 5-10 dBA above ambient noise, with a “shh…” sound which is localized and dissipates rapidly. You can hear this alarm at www.youtube.com/watch?v=psWBaxtK19g

These more quiet alarms haven’t been proven yet in Falmouth, but if they are what they promise to be in their advertisement and online reviews, they will benefit abutters, pedestrians in the area, people who use the surrounding parks and restaurant, and MacDougall’s employees themselves.

Both Planning Board meetings can be viewed on FCTV at www.fctv.org/v3/planning

Due to a requirement of their special permit, on April 2, 2015, MacDougalls presented their plan to the Zoning Board of Appeals. During the discussion, the Chair of the ZBA asked his other 4 board members to state their concerns, if any. Each in turn replied: “noise”, “noise”, “noise” and “noise”.

MacDougalls’ confirmed their purchase of the OSHA approved “white sound” alarms during their presentation. Ms. Lichter spoke in favor of the noise abatement plan.

The Zoning Board approved the project, with conditions, including that the noise reducing ‘white sound’ alarms be installed on all vehicles in the yard.

See: http://www.fctv.org/v3/vod/zoning-board-appeals-april-2-2015-part-1-2 to view Zoning Board meeting.  Scroll 1 hour, 7 minutes (1:07) into the meeting.