Short Takes from the November 2020 meeting of the Hanscom Field Advisory Commission

November 30, 2020

Among the topics covered in the November HFAC meeting were a resident’s plea for the moderation of local flight school operations over neighborhoods; State Rep Harrington’s request for flight school leases from Massport; and HFAC’s request that Massport collect community advice during the next month in order to present a proposal in December to address issues that have been raised about how flight schools and other aircraft operators are made aware of noise disturbance reports from communities.

Irina Mladenova of Concord explained to the Hanscom Field Advisory Commission during the Nov. 17 HFAC meeting her belief that flight school air noise comes down to a question of enjoyment, noting that even if residents have upgraded sound insulation, “you still cannot sit on your porch or [in your] garden to enjoy a drink or conversation – just not possible. We dined one day in October where the touch and go operations by the private schools took place between 7am and 5pm.  So that’s well over eight hours where you can’t even go outside.”  She also observed that there are Concord schools and a Bedford childcare facility near the airfield with children often playing outside while flight school operations take place. Mladenova questioned the legality of flight schools being allowed to intrude on a residential community to such a degree.

Concord resident Michael Gresty added he believes that just because the issues of community and flight school precedence may not have been raised during the last decade, the community has not waived its right to invoke a question of precedent.

He continued,  “As the community grows, as the urban population densifies, and there are these amenities, especially with children and others present, and with the post-pandemic working from home situation that affects so many of us, I question whether the flight schools have any right to create that level of noise to maintain their maintain their operation, and that that in any way legally trumps the right of the community to the peaceful enjoyment of their homes and their schools, their daycares.

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“I think we are getting tangled in the question of whether the FAA has jurisdiction over air noise. And that’s really going down a rabbit hole. The real issue here is that the community was here first, and the flight schools don’t have the right of operation, and it’s up to Hanscom to curtail this operation, over and above any consideration of FAA allowed noise levels.”

Earlier in the meeting, in reference to Massport’s presentation of the monthly flight operations and noise report (which contains hundreds of data points and statistics), Gresty had also emphasized to Commission members, “The changes in noise don’t necessarily get away from the fact that the level of noise, and particularly activity of certain types of air activity, are very disruptive to the communities, and have been for quite some time. I think we’re kind of avoiding the substance by focusing so much on changes in the data, and being a little bit snowed by data, if I may say.

“In particular, I think that the flying schools are the real problem for the communities. I think the occasional jet taking off we all understand I’m sure. Disruptive as it is, the odd 737 or triple seven charter that raises decibels above some prior level is not the end of the world.  But it’s the continuous activity, primarily the flying schools, in a consistent stop and go flight path that’s really a big problem for communities. And I want to make sure those are addressed substantively, and not on technicality.”

Correlation of Specific Flight Operations with Noise Complaints

Emily Mitchell, HFAC and Bedford Select Board member, noted, “I think one of the assumptions that we’re hearing is that the noise that is most troublesome to our communities is coming from flight schools.”

She added, “So not necessarily commercial planes, not medflights, cargo or anything like that. There’s this sense that it’s the flight schools that are creating these conditions that people find untenable.  And I think we don’t necessarily have the data to back that up.

“But that’s where I think the idea of closing the feedback loop comes into play.  If Massport – if Hanscom – is able to identify that, ‘Yes, actually, it is a problem. We can drill down and find that 70 percent of these complaints that we’re getting during the day are coming from these flight schools,’ then that’s a place where you can create more feedback, where you need to have a more robust response, and maybe some changes in policy.”

State Rep. Sheila Harrington, whose district includes Ayer and Groton, sharply questioned Mitchell’s assumption that insufficient data exists to link flight school activity with noise complaints, contending that for the past couple of years some of her constituents “can tell you exactly who it was – we’re not wrongfully imagining that it could be these schools.  There’s documentation that it’s primarily these schools.”

To see a description of the evidence Harrington refers to, and allegations that were brought to HFAC in 2019 that some local flight school aircraft have been used to target and harass residents in the Ayer/Groton area with repetitive, low overflights, please click here:  https://thebedfordcitizen.org/2019/05/hanscom-field-advisory-commission-short-takes-april-2019/

Harrington also explained to the Commission why she has requested copies of the Hanscom flight schools’ leases from Massport.

“I just cannot imagine there’s a lease that was produced that doesn’t have a consequence, if they’re in breach,” adding she believes there is a code in Mass Regs (collection of the Massachusetts Regulations issued by all state agencies) that should cover harassment.

“But the information has been provided [to Massport].  What hasn’t been provided is any response back with the lease.

“So we have the documentation. We know people are being harassed. We know it’s been monitored as to who’s doing it.

“What we don’t know is, what are the terms of their lease that they [the flight schools] are getting away with it?  And we cannot get anything from the administration about forthwith regard to that.”

Confusion on Massport Process for Handling Noise Disturbance Reports   

Also during the meeting, Chair Christopher Eliot of Lincoln asked Anthony Gallagher, Massport Community Relations representative, to verify last month’s surprising revelation from Hanscom Airport Administrative Manager, Amber Goodspeed, that:

  • nighttime noise disturbance reports are shared with aircraft operators;
  • the specific purpose of Massport’s quarterly meetings with local flight schools is only to discuss complaints about flights over the historic Hartwell Tavern within Minuteman National Historic Park; and
  • there is no process in place to make aircraft operators aware of daytime noise complaints from communities.

“Generally speaking, that’s a pretty good description of the process,” Gallagher replied.  He then assured Commission members that, although sometimes annoying to communities, most aircraft are not breaking any safety rules.  He also pointed out that Massport publishes overall noise complaint statistics in the Hanscom Field Environmental Status and Permitting Report [every five years], and in the Annual State of Hanscom report. He mentioned Massport’s regular meetings with flight schools about touch and go operations, but did not dispute Goodspeed’s October explanation that those quarterly meetings are specifically devoted to discussing complaints about their flights over the historic Hartwell Tavern, not any other locations.

“What exactly is the expectation here? Additionally, how can we satisfy this request beyond what we’re doing right now?” Gallagher asked.

Eliot explained that just saying the planes are following the rules is not enough.

Gallagher responded, “I completely understand that,” adding that “sharing of the data, and closing the loop in notification is critical. I don’t want to overpromise here. As we said before, we don’t have a lever, we don’t control the sky, you know.”

Ayer resident Amy McCoy said she believes that noise and nuisance is a state and local issue, even for airplanes, and Eliot answered, “There is room to argue that FAA rules are not what they should be, but we can’t change them right here.”

McCoy protested, “You shouldn’t waive all control to the FAA when there are rules in Massachusetts regarding noise and nuisance.”

The Circular File for Daytime Noise Complaints to Massport?

After further discussion of flight school issues and the Massport noise response system, Bedford resident Patty Dahlgren told the Massport representatives, “I am very confused at this point.”

“I could swear that I sat in an HFAC meeting back when they were live – I don’t know, a year, two years ago?  And when we asked what happened to the noise reports, Massport stepped us though what they did.

“So I was completely shocked last month, when I heard for the very first time that, in fact, no noise complaints that take place out of the 11pm to the 7am window – actually, nothing happens to them. They essentially, based on what I heard last month, go into the circular file.”

“But up until last month, I understood that there were two values to filing a noise report … and that was one:  town residents are alerting their representatives, as well as Massport, that they have been impacted.  Whether or not it’s legal, is not the point.

“The other value of making a noise report is … I understood that … every time a complaint was made, those were collected and forwarded to whoever that plane was registered under.

“And I would like somebody to please explain that disconnect.”

Eliot told Dahlgren that a transcript of the recording of the April 2019 HFAC meeting matches her recollection that Massport does send letters sharing the residents’ noise complaints to aircraft operators.

Gallagher suggested there was a misunderstanding at the last meeting, which he was trying to clarify, adding, “We never said we throw complaints away in a circular file.”

Dahlgren agreed those words had not been used; however, “what I heard, which was the exact opposite of what I had been told sitting in HFAC meetings as a resident, was that all noise complaints were dealt with in a way that they actually managed to end up to whoever registered the plane.  What I heard last month [at the October 2020 HFAC meeting] was, ‘Unless it’s between 11 and 7, nothing happens to it.’ ”

“Right, that’s why we’re correcting it,” Gallagher replied, explaining that differing Massport protocols for noise complaints about nighttime versus daytime flights, “does not mean that the daytime operation doesn’t matter.  It does not mean that the daytime loop is not closed.  It simply means that is a different process.”

Ayer resident Amy McCoy then asked Gallagher, “Since April of 2019, has Massport changed their policy on how noise reports are reported or relayed to the flight school?”

“There’s no new policy,” he answered, adding, “What I’m looking for is a little bit more feedback from the Commission on what they would like to see in addition to what is already done?  So, just a target.”

 “Assuming that the flight schools are trying to be good neighbors …”

Eliot explained to Gallagher, “We want  – in particular, the flight schools – to be aware in an appropriate and routine way of the impact they have on the community.  We’re not demanding any specific response from them.  But assuming that the flight schools are trying to be good neighbors, if they know the degree to which they impact the residents nearby, hopefully, they can do something to try to mitigate that, in cases where they have an opportunity.”

Mitchell added, “You know, the impression that I’ve gotten from Massport over the last two years is that if all of the flights that are bothering people are nonetheless operating under the FAA rules, there’s really nothing that can be done. And I think that’s frustrating for people.

“So I would like to think that it is easy for a noise complaint to be received, to be identified with a specific flight … And for the operators of those flights to be told, ‘Hey, we got a complaint for this flight.’  Is that a process that’s possible?”

“I can’t say for certain,” Gallagher said with a sigh.

Eliot then asked that Massport collect community advice offered during the meeting and during the coming month in order to come up with a proposal in December to address the issues that have been raised.  Gallagher invited community members to contact him directly at  [email protected], with any feedback on the process they might like to share.

Bopha Malone, Bedford Select Board member and alternate HFAC representative (who sat in for Mitchell during part of the meeting because of a schedule conflict), was asked by Eliot for her thoughts on possible solutions.  Malone said she agreed with Mitchell, adding, “I feel if the flight schools aren’t breaking any rules, but at the same time, if there is a disturbance within the community, the flight school should be aware.”

Mitchell then suggested, “If we are able to demonstrate that this particular flight, flight school, or this particular operator is generating a majority of complaints, or significant complaints, or consistent complaints, then something needs to happen to change that.

“And if all we’re doing is sending reports, that’s not an incentive for change.

“So one thing that might be valuable to discuss with Massport is, ‘What are the options in terms of a consequence or some kind of teeth in this reporting system?’

“Ultimately Hanscom is a part of our communities, and they provide valuable services.  And I think all of us understand that.  We live in community, and there are planes in the sky.”

“But it’s when we start to notice that the noise complaints are more frequent or more egregious, there needs to be some kind of teeth in whatever we do, to prompt the kind of change that our communities are looking for. So that would be something I’d want to put on the table with Massport:  ‘What are our options there?’ And if it has to do with changing lease terms?  If it has to do with saying, ‘Well, if you get x number of noise complaints in this period of time, we’re going to sit down and we’re going to look at your flight operations and see what might need to modify going forward.’ ”

In closing, Eliot asked Gallagher if Massport could provide HFAC with a breakdown in of the flight operations that were identified by noise complaints, including what operators were involved, whether or not complaints tagged flight school planes, and the size of planes that had triggered complaints? Mitchell also suggested that it would be useful to know which operators have generated multiple complaints.

HFAC’s next virtual meeting is scheduled for Tuesday, Dec. 15 at 7 p.m. People who would like to attend that meeting can find the agenda and Zoom login information by visiting the Hanscom Field Advisory Commission website hosted by the Town of Lincoln at  https://www.lincolntown.org/AgendaCenter/Hanscom-Field-Airport-Commission-58.

Citizens may also register on the Lincoln website to be added to a list of subscribers who receive advance email notice of HFAC meetings and agendas.

 

 

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