Ordinance Generates Some Noise

By Eliza Hallabeck

& John Voket

In his years of political service to Newtown, Legislative Council Chairman Will Rodgers has seen all too many public hearings open and close with nary a word from anyone representing contrasting public opinions. So Mr Rodgers said he was pleased to see some debate on the finer points of a proposed municipal noise ordinance, which he said will likely be voted on in about a month.

This was one of two ordinances up for the public hearing, which preceded the scheduled regular council meeting August 19.

In an interview following Wednesday night’s 12-minute hearing, Mr Rodgers said the council heard from a couple of residents supporting the ordinance, including former councilwoman Peggy Baiad, who first proposed such a measure nearly five years ago.

“Newtown is not the little town it used to be, and it is not the quiet town it used to be,” she told the council. “I’m hoping people support the noise ordinance.”

The first speaker was Charles Newman, owner of Planters Choice nursery, which straddles several residential neighborhoods near Huntingtown and Meadowbrook Roads. He said under Connecticut’s Right to Farm Bill, he is permitted to operate farm machinery despite the fact that Newtown zoning regulations “do not recognize horticulture or nursery operations.”

Mr Newman cited several towns in Connecticut that specifically recognize farming or horticulture in their ordinances and in their zoning regulations.

Mr Rodgers, in response, clarified later that the council’s ordinance would likely be “trumped by the Right to Farm” bill. In the case of Planters Choice, the bill permits both farming vehicles and equipment noise, particularly irrigation pumps that operate daily in season as early as 7 am on weekdays and 8 am on Sundays.

Barbara Herman, a Liberty at Newtown resident, complained about heavy equipment, including a wood chipper operating on a neighboring construction site. She said she made several calls on the matter learning that the noise was permitted.

“I have double-paned windows, and I couldn’t even listen to my television at normal volume,” she said. Ms Herman said since she started complaining to the town, the elimination of trees that previously served as a buffer, enhanced the noise. The work was eventually completed and the noise stopped.

John Rondano, a taxpaying nonresident who owns property in town, told the council that he worked in the construction industry all his life. He said that many of his co-workers over the years would leave their jobs to go home to work on residences or construction projects at home, and to reconsider some of the aspects of the proposal to “have some consideration for the working man.”

Robert Rau of the Newtown Economic Development Commission spoke briefly, reminding the council that the ordinance should take into consideration existing businesses in commercial zones that have a greater propensity for noisy operations.

“We have to have places in town where businesses can do their thing,” Mr Rau said.

Moving on to the second proposed ordinance, which outlines the process by which land use officials may issuing citations and fines for violations, Mr Rondano briefly commented that “I don’t think any one person should have the right to come in and give me a citation.”

With no further comment on the second proposed ordinance, the hearing closed.

Following the hearing, Mr Rodgers said he knew of several other residents who expressed a desire to speak on the noise ordinance proposal who were already committed to a competing wetlands hearing dealing with alleged Housatonic Railroad violations at a development site in Hawleyville (see related story). He said the next two regular council meetings will provide a venue for additional comment to be presented.

“I expect by the third meeting, we will have heard everyone on the matter, and will likely vote on the noise ordinance at that time,” Mr Rodgers said.