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Date: 4/28/2021
HAMPDEN – Noise complaints were the primary topic of discussion at the April 26 Hampden Select Board meeting.
Behavioral Health Network (BHN) Senior Vice President Susan West followed up with the board and neighbors of a residential facility on Oak Knoll Road. The neighbors have complained about yelling by a man with cognitive disabilities living at the home. To remedy the situation, West said that there had been an increase in supervision and staff training. The residents had been fast-tracked into day programs the run on weekdays and a privacy fence has been ordered. She said that BHN plans to move the residents to a new home and “bring in new residents that are a better fit for this neighborhood.” No timeline has been established for the move as West told the town finding a new location depends on the real estate market.
Neighbors Steve and Mary Jo Matroni said that there had been progress at the house, but that it had begun backsliding. They said that the resident had been “yelling and screaming” outside for “at least 15 minutes on Saturday, resulting in the couple calling the police.
Another neighbor, George Sanford, told the board that on a recent day, the man had pushed a window out and was “hanging out” and “screaming” for 30 minutes.
Select Board member Mary Ellen Glover stated that the steps taken by BHN were “a solution in progress,” and that the neighbors can contact Interim Town Manager Bob Markel with concerns. Markel stated that West had been providing him with weekly updates on the situation.
The Matronis said they were concerned that BHN would fail to resolve the issue unless the board kept pressure on the company.
Regarding the privacy fence, the Matronis noted that it would not solve the noise problems. Both neighbors also said that the current fence has been left open and not secured.
“Where’s the protection for the people in this neighborhood,” Sanford asked. He stated that there were children in the area and “autistic people can be very strong.” It was not stated at the meeting whether the man in question has autism.
West acknowledged that the fence is a privacy barrier for the next set of residents that live there, rather than a solution to the noise. She said that she would make sure that the employees secure the gate.
Oak Knoll Road resident Paul Marcelina told West that an employee of the facility speeds down the street at shift change. She assured him that she would address the issue and urged the neighbors to call her when the problems arise so that she can follow up with the staff members on duty at the time.
A complaint about a different kind of noise came from Harvey Smith of Colony Drive. He told the board that an “inconsiderate” neighbor plays “amplified music” outside whenever the weather is good and that it is played as early as noon and as late as 9 p.m. He stated the issue has been ongoing since last summer and he has called the police six times in 2021 alone.
Smith quoted the Massachusetts Department of Environmental Protection (DEP) Noise Control Regulation, 310 CMR 7.10, which states that sound levels “more than 10 dB(A) above ambient” are not in compliance. While he stated that he had purchased a sound meter and kept a log, he did not share his meter’s readings with the board during the meeting.
Select Board Chair Donald Davenport asked Smith if he had spoken to his neighbor about the noise. Smith said he had not.
Markel offered to give Smith his cell phone number and said to call him when it happens and Markel will have a police officer come out and read the sound level.
Smith stated that he was seeking a permanent “cease-and-desist” banning the man from playing any music. Markel explained that the town cannot keep a resident from playing music on his own property, but that they can be kept from disturbing the peace.
The Select Board learned that there is lead paint present on the exterior of Academy Hall. The board had asked Shawn Cantwell, a professional painter who bid on the project, to test for lead and it came back as present. Flynn commented that if Cantwell is willing to do the remediation at the previous bid of $12,000, he “would be hard-pressed not to accept it.” Markel said that he would ask Cantwell if the project would cost the town more since there is significant labor associated with lead paint remediation.
The town’s electrical inspector verified to the board that code violations were found in the process of attempting to install a new ventilation system. Markel received an estimate of up to $35,000 for the work. Select Board member John Flynn suggested a line item transfer to expedite repairs. The electrical inspector had emphasized that he had only inspected the ventilation-related wiring and that an electrical engineering firm should be used if a full inspection of the building was sought.