$100K Or Nothing? Melrose Emergency Order Makes Some Noise

MELROSE, MA — When Councilors Shawn MacMaster and Cory Thomas pitched their emergency order last week to require some developers to report weekly acoustic monitoring data to the city for public consumption, they said the developers were already recording the data and it would cost them nothing extra. This order was just to help the city enforce what the developers already agreed to — which is keeping track of the noise coming from some larger construction projects.

But a letter from an attorney for one of the projects read at Tuesday night's City Council meeting painted a different picture. David Lucas, who represents the 99 Washington St. development, wrote providing weekly data reports for that project would cost the developer 10 times as much, saying weekly prices would increase to $2,000 and add as much as $100,000 in unanticipated costs for lengthier projects.

The assertion of extra costs caused some confusion and hesitancy among councilors who just days before voted unanimously to recommend the order. A choppy discussion appeared to do little to clear things up, but the order was voted into effect with Councilors Jack Eccles and Robb Stewart voting against it, both wanting more time to look into the issue after Lucas's letter.

While Thomas wasn't able to speak on the purported extra costs, he said the order only requires developers to stick with what they agreed to, which in some construction management plans was acoustic monitoring.

"I don't know where Attorney Lucas got those numbers," he said.

Eccles said that while that specific project's plan does require acoustic monitoring, there is no mention of weekly reports.

"My main concern is this is setting a new expectation that was not there previously," he said.

Thomas pointed to the hundreds of noise complaints he and MacMaster, who was not able to attend the meeting, have received in their wards due to construction.

"I'd rather answer to the constituents of Melrose than the attorneys and the general contractors," Thomas said.

The order only impacts projects that agreed to acoustic monitoring in their construction management plans. It will expire Dec. 1 unless the council extends it.

If the order had gotten sent back to committee for further discussion, it would have been the second of the evening to have that rare distinction. The council had just sent Mayor Paul Brodeur's order on expanding some alcohol sales back down.

Mike Carraggi can be reached at mike.carraggi@patch.com. Follow him on Twitter @PatchCarraggi. Subscribe to Melrose Patch for free local news and alerts and like us on Facebook