Superior Court Nuisance Case Advances as State Air Pollution official Details Excess Noise Levels
A court-appointed master yesterday allowed the critical testimony of a representative of the state Department of Public Health, Air Pollution Control Division, despite strenuous objections raised by counsel for Norwood Arena in an ongoing lawsuit against the facility. Yesterday’s Superior Court hearing, convened in Dedham, marked the fifth intensive session in a case brought by local selectmen after town officials initially issued an amusement license to the racetrack.
The state official, Gaetano DiFrancia of 74 Norton Drive, Norwood, who is also a member of an informal organization of area residents, testified regarding the extreme noise pollution levels documented at the oval. Gaetano DiFrancia testified that he took scientific noise level tests near the arena both when it was in full operation and during brief intervals in the stock car racing. The witness stated that the results of the state testing explicitly proved that the noise levels created by the racing activities do constitute a definite, actionable state nuisance. Gaetano DiFrancia further stated he was “sure the department will ask to have it (the excess noise) abated.”
Attorney Justin C. Barton, representing the interests of Norwood Arena, fiercely contended that Gaetano DiFrancia was not legally qualified to act as an expert witness since he is not a formally registered engineer. In overruling the corporate objection, Master George N. Hurd Jr. reserved the right to accept a subsequent motion to strike the testimony at a later date, continuing the legal proceedings until today. Earlier in the trial, Carlton P. Merrill, chief steward at the track, testified that the arena management was fully aware of the neighborhood friction and maintained a strict “good neighbor policy” to help alleviate the situation. Carlton P. Merrill said the track had reduced actual car running times by 45 minutes per night to mitigate noise. Two other local area residents, John J. Egan of 16 Deerfield Road and Richard Levine of 72 Deerfield Road, testified in the afternoon session that noises emitting from the arena on Saturday evenings “made normal conversation impossible.” However, both neighborhood men disclaimed any underlying intention of putting Norwood Arena out of business.
Archival Note: This article has been dynamically reconstructed from the original public record print archives of the Patriot Ledger
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