PUBLIC HEARING of the Town Council held Wednesday, January 24, 2001 at 7:00 p.m. in the Council Chamber, Town Building, Harrisville for and within the Town of Burrillville.
MEMBERS PRESENT: Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
MEMBERS ABSENT: None
Relative to the Noise Ordinance.
Note: The Notice of Meeting and full text of the proposed Noise Ordinance was duly advertised in the Local Section of the Woonsocket Call on Thursday, January 18, 2001.
The meeting was called to order at 7:00 p.m. by Town Council President Wallace F. Lees. President Lees turned the meeting to Town Manager Michael C. Wood, who said that the reason for a Noise Ordinance was complaints and incidents through the years. The Town Council, he said, requested a comprehensive ordinance to address the community s needs. He introduced Assistant Town Solicitor William Bernstein, Municipal Court Judge Joseph Carroll and Police Chief Colonel Bernard E. Gannon, who were present to participate in the discussion.
Assistant Town Solicitor William Bernstein summarized the major features of the proposed Noise Ordinance. Mr. Bernstein stated that the Town Council Ordinance Subcommittee had many lengthy meetings regarding this ordinance. He commended the members on their attention to detail. The purpose of the ordinance is to develop an objective standard and a basis for responding to complaints. He discussed the different noise levels that might be tolerated, variances that would be obtainable and the accommodations for residences. Mr. Bernstein stated that enforcement would be complaint-driven.
Judge Joseph Carroll said that from an enforcement perspective he found little to criticize in the proposed ordinance. He pointed out one area in which the language is subjective: natural versus unnatural; usual versus unusual. He stated that he believes the ordinance stands without these subjective terms. Town Solicitor Walter Kane agreed that some of the items mentioned by Judge Carroll are subjective and could be deleted. Others are the basis for enforcement and should remain.
Police Chief Colonel Bernard E. Gannon said that he has been in favor of a noise ordinance for some time. He considers it a tool to address the many noise complaints received by the police department.
Proponents:
Speaking in favor of the ordinance were Al Palmisciano of East Wallum Lake Road, Pascoag, (who owns a business and rental-property on Pascoag Main Street); Alice Basile of Sayles Avenue, Pascoag; Michael Boucher; and Juliette Lopez of Grove St., Pascoag. Proponents said that they believe the noise ordinance is a positive step, particularly in connection with the vitalization of Pascoag Main Street. They pointed out problems with cars with very loud speakers. Ms. Basile said she would like to see the ordinance enforced without a complaint because she considers very loud music in cars a safety risk. Mr. Boucher questioned the table of decibel levels, asking how they were determined. Attorney Bernstein said that the levels used are ANSI levels, tried and tested in another Rhode Island
town. Ms. Lopez said she was concerned about the music in her ice cream truck, stating that the music had been tested at the State and asked whether the Town levels would mirror the State. Town Manager Michael C. Wood said that the police would not be looking for noise problems but would respond to complaints. He said that the variance process in reasonable.
Opponents:
Speaking against the ordinance were Roland Huguenin of Mohegan; Robert Huguenin of Harrisville; Isabel Maynard of Brook Road; Dave Bishop of Mapleville; Linda Shinskey of Wallum Lake Road; and Patricia Blicker Hopkins of Cherry Farm Road. Opponents felt that the ordinance is too vague and discussed their concerns about machinery such as chain saws, lawn mowers and generators. There was some discussion whether these items should be specifically excluded by the ordinance. Town Solicitor Walter Kane stated that normal equipment would not exceed the requirements, but that a blanket exclusion would not be appropriate. Time of day, location and emergency situations are taken into account in the ordinance. Robert Huguenin discussed whether the ordinance could be considered a regulation,
questioned exceptions to the ordinance and stated that the ordinance has a chilling affect on people who want to publicly protest.
Opponents also voiced concerns about the ordinance being enforced against other noises of ordinary living, such as children playing, singing on the streets, whistling or yelling for children in the yard. They were concerned that, while the spirit of the law might not exclude these noises, once the ordinance is on the books a mean-spirited neighbor could complain and the ordinance would be enforced. They expressed concerns about overzealous enforcement.
Further concerns were about sound meters in police cruisers and that the complainant would not be identified. Council President Wallace F. Lees said that cruisers would not be equipped with the meters. Police Chief Gannon said that the first response to a complaint would be to talk to people.
Town Council Comments:
As Chairman of the Ordinance Subcommittee, Councilor William A. Andrews stated that he is very reluctant to pass any ordinance. He said that the subcommittee spent a long time on this ordinance because, in recent years, noise complaints coming before the Town Council have become more prevalent. He said that you couldn t please everyone but that he is comfortable with this ordinance.
Council President Wallace F. Lees suggested that the matter be returned to subcommittee to reconsider the comments of Judge Joseph Carroll.
VOTED to close the public hearing.
Councilor Jacqueline Zahn made the motion. Councilor Louis Bleiweis seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
VOTED to take under advisement.
Councilor Jacqueline Zahn made the motion. Councilor Louis Bleiweis seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
VOTED to adjourn at 7:55 p.m.
Councilor Jacqueline Zahn made the motion. Councilor William E. Gonyea seconded the motion. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Information relating to the public hearing is on file with the record of the minutes. The meeting was taped and the tape is on file with the record of the minutes.
Recorded by
Louise R. Phaneuf, Town Clerk
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