Borough Proposal For Noise Ordinance Draws A Sharp Response From Businesses

By Andrew Gorosko

The Borough Board of Burgesses’ proposed ordinance intended to limit excessive noise in the Borough attracted criticism at a public hearing Tuesday night, especially from a representative of Newtown Shopping Village.

Attorney Daniel Shepro, representing Joseph Kasper, the owner of the Newtown Shopping Village, charged that the proposed noise ordinance is aimed directly at the shopping center and could economically damage that commercial complex at the corner of Queen Street and Church Hill Road.

The burgesses’ public hearing on the ordinance attracted about 40 people to the Borough office, a large turnout for such an event.

The burgesses’ rationale for a noise control ordinance is that excessive noise degrades the environment and is harmful and detrimental to the health, welfare, and safety of borough residents.  The ordinance is proposed because excessive noise interferes with the comfortable enjoyment of life, property, and recreation, and also causes nuisances, according to the burgesses.

Mr Shepro listed a variety of objections to the proposed ordinance. Mr Shepro charged that the proposal does not provide objective criteria or standards, and that the proposal amounts to selective legislation which affects only Newtown Shopping Village. The ordinance provisions concerning motor vehicle usage are remarkably bad, the lawyer claimed, adding that proposed limits on loading and unloading vehicles are obnoxious because they would adversely affect Borough traffic flow.

Mr Shepro also objected to ordinance provisions concerning diesel trucks, garbage collection, and street sweeping machines.

The proposed ordinance details several “prohibited acts,” including loading and unloading operations between 8 pm and 8 am, which cause a noise disturbance within a residential area, historic district, or noise-sensitive area. The ordinance addresses noise generated by garbage trucks, standing motor vehicles, street sweeping machines, and lawn mowers.

“In the event the ordinance is passed, it will severely and adversely affect the Newtown Shopping Village and the operations of the Big Y supermarket and all of the [shopping center] tenants. It seems the Borough wants the benefits and convenience for its citizens of a shopping center, but not the things that the center needs. The burgesses, and perhaps individuals, proposing the ordinance are subjecting themselves to personal liability for intentionally interfering with the center,” Mr Shepro wrote in a letter to James Gaston, the senior burgess.

Mr Shepro asked that Mr Gaston recuse himself from considering the proposed ordinance because Mr Gaston and Mr Kasper have an agreement concerning property lying between the shopping center and Mr Gaston’s Main Street property. “Newtown Shopping Village, at great expense, purchased land for buffers to avoid noise and site issues with its neighbors. It has tried to be a good neighbor, as have the tenants,” Mr Shepro wrote.

In comments made at the hearing, Mr Shepro urged Mr Gaston and Borough Warden Joan Crick to recuse themselves from considering the proposed ordinance, charging they have complained about noise emanating from the shopping center.

“It seemed it [ordinance] was intended to put us out of business,” Mr Shepro said.

“You’re going to be in court for years. You’re going to be sued. It’s [ordinance] terrible, terrible… overly broad. This is intended to hurt the shopping center and not much else,” he told the burgesses.

Tom Sanbor, representing the Big Y supermarket, said the market averages 25 to 30 truck trips to the store daily. Half of those trucks arrive before 7 am, he said.

“The ordinance as proposed would make it hard to compete with our competitors” such as Super Stop & Shop, he said.

Big Y can’t simply turn off its air compressors, he said. “Our product loss would be astronomical,” he said.

Big Y can cooperate with local officials to lessen noise disturbances, but preventing truck deliveries before 8 am would hurt the firm, he said.    

The earliest deliveries arrive at 6 am at the store, which opens for business at 7 am, he said.

Matthew Gullotta, representing a street sweeping contractor which cleans the shopping center parking lot, said the contractor has adjusted its work hours in response to requests, resulting in starting sweeping work starting later than in the past.

Main Street resident Laura Lerman said the proposed ordinance has a “meanness of spirit” in its tone. “It does not sound nice,” she said, adding it is not friendly to businesses.

Resident Harvey Hubbell of West Street said, “This is a noisy town. Some things that make it noisy are not going to be addressed by this ordinance. Drawing an ordinance to stop noise is a little beyond our ability.”   

 Queen Street resident Jill Beaudry told the burgesses she is concerned that the proposed ordinance, which would require that morning truck deliveries to stores start after 8 am, would lead to increased truck traffic on Queen Street in the morning, when children are headed to school there.

Mr Gaston acknowledged that Ms Beaudry had made a good point.

First Selectman Comments

First Selectman Herbert Rosenthal told the burgesses that the town now has great difficulty enforcing its own noise ordinance, which, he said, has noise control standards which are more objective than those in the Borough’s proposed ordinance. The town has lost some legal cases over its noise ordinance, he said.

Mr Rosenthal said he is concerned about the level of public spending which would be required to defend the Borough in court cases filed against the proposed ordinance. Mr Rosenthal, a Main Street resident, lives in the Borough, and pays Borough taxes as do other Borough property owners.

Mr Rosenthal questioned why the proposal lists the Borough as a ”noise sensitive area,” noting the Borough includes facilities such as an ambulance garage, firehouse, and police station which generate noise.

“There’s a lot of noise, unfortunately,” he said. The Borough is not a rural area, but is in the center of town and has many noisy tractor-trailer trucks driving through on Main Street, he said.

 Mr Rosenthal questioned why the ordinance would prohibit noisy activities from starting before 8 am. The town starts its street sweeping before 8 am, he said.

 The first selectman suggested that some measures be worked out to abate noise, rather than enacting some of the provisions of proposed noise control law.

Mr Rosenthal said the idea behind a noise control ordinance is a good one, but questioned whether it could be enforced.

 Such an ordinance is subject to review by the state Department of Environmental Protection, he told the burgesses.

Mr Gaston said the ordinance would not apply to noise created by police, fire, and ambulance activities. Also, the burgesses would remove the designation of the Borough Historic District as a “noise sensitive area,” he said.

Jack Rosenthal, a former first selectman, registered his opposition to the proposed ordinance, saying it would generate large legal defense bills for the Borough.

Equipment Noise

John Tambascio of My Place Restaurant on Queen Street noted that no one has complained about noise emanating from his restaurant. The proposed ordinance would appear to prevent the operation of the mechanical equipment needed by his restaurant, he said.

The noise control proposal addresses noise created by stationary commercial and industrial ventilation fans, air compressors, air conditioners, and refrigeration devices.

Mr Gaston said the ordinance was drafted only in the context of noise complaints, and would not necessarily affect a business about which there are no complaints.

John Martocci, head of Newtown Savings Bank, said mechanical air conditioning units owned by the Main Street bank must operate overnight to keep computer equipment cool. Also, the bank must have a generator on hand to provide electricity in the event of power outages, he said.

Harold Gross of South Main Street said the noise coming from idling diesel trucks at Newtown Shopping Village could be better controlled. When a shopping center has objectionably noisy equipment running early in the morning, it does not show a good attitude or a cooperative spirit, he said.

Sherry Bermingham of Main Street said a noise control ordinance is necessary. She urged that leaf blowers be added to the ordinance as a regulated item.

The burgesses would like to preserve the residential aspect of the Borough, Mr Gaston said. “We’re not the enemy if you’re commercial,” he said.  “We’re trying to strike a balance which is tolerable,” he added.

The burgesses are expected to discuss their proposed noise control ordinance when they meet January 9. “We will certainly take into consideration everything that’s been said tonight,” Ms Crick said.