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Public Hearing Minutes 07/18/2006 Ordinance #87, Recreation Vehicles
TOWN OF EAST WINDSOR
BOARD OF SELECTMEN
PUBLIC HEARING
ON ORDINANCE 87.2
JULY 18, 2006

Ms. Roberts opened the public hearing at 7:10 p.m. at the East Windsor Town Hall, 11 Rye Street, Broad Brook, CT.   The Board of Selectmen will address the Ordinance at the meeting following the public hearing.  

BONNIE YOSKY, 7 YOSKY ROAD
Ms. Yosky helped make the changes to this ordinance. The original included snowmobiles and ATV’s – and it was felt why should snowmobiles and ATV’s be penalized, but not dirt bikes.  The dirt bikes in her area are listened to eight hours a day – whether they are on her property or someone else’s property, there is no reason to listen to the noise eight hours a day, it is extremely loud.  She is not against dirt bikes, she wants reasonable use.  She is concerned about the noise, not just for people with permission, but those whose property is just used.  The dirt bike and motorized motorcycle are the only addition – otherwise the ordinance is the same.  The riding cannot be stopped but they are looking for a fair and reasonable solution.

Later Ms. Yosky outlined that the noise levels, no matter what they are, for eight to ten hours a day are excessive to those who are trying to enjoy the outdoors.  If there is a lot of land to use it is tolerable, but if it is right next door it is excessive.  The sound levels are derived from the State of Connecticut and they cannot be lowered.  Ellington, Enfield, Somers all have the same levels as the state.

SEYMOUR BRADLEY, WINDSORVILLE ROAD
He wrote the original version in the 80’s.  Connecticut is not an implied consent state – where as most states to the north are implied consent, you can use the property unless it is posted.  Connecticut does not use that rule – you need permission to ride on someone’s property in Connecticut.  Maybe that needs to be explained.  The issue of noise is removed if there is no trespassing.

Later Mr. Bradley addressed Page 4, Article 3 – end of section two should read “operator” in the last sentence.

DICK_________________________
He asked for a decibel check on the OSHA horns in the pit in the back of his house – those are worse than dirt bikes.  He was referred to discuss this issue with PZC to see if there is a noise parameter attached to the permit issued.

HARRY LACROSS, DEPOT STREET
The OSHA horns are required to be at certain decibels in the pit – it is a federal regulation.

TOM LOWELL, 37 GRAHAM ROAD
Out of work since January 29 due to an injury.  Dirt bikes and four wheelers operating eight hours a day, everyday does not happen.  He lives by the pit and this does not happened.  If the town is going to start regulating, then do it across the board with chain saws, farm tractors, construction equipment – might as well stop all noise or make this a gated community.  The police department has enough to do than chase with loud cars and motorcycles.

FRAN LOWELL, 37 GRAHAM ROAD
Section 2A – they way it is worded appears you are not allowed to ride your motorcycle before 8 a.m. or after 9 p.m.  [Ms. Yosky interjected it was not the intent to include legal roads, it was for recreational vehicles].  Ms. Lowell also had questions on how the police were going to measure the decibels.  

SCOTT STOLINAS,  _________________________
He does not have a problem with the ordinance, he has a track in his back yard.  Bikes come off the market at a minimum of 96 decibels, right from the factory.  He is nervous that new, snooty people are coming to town to try to shut his track down.  He has done this 1989 and has never had a complaint – does not want to get shut down because some new person does not like it.  He would like to see different decibels, higher, for certain hours. They ride to practice as they compete.  Kids want to ride.  Trespass is a concern, people do not give permission to ride.

ESTER FETKO, RYE STREET
She lives near the railroad track and dirt bikes used to go slow, more recently they are very loud and go very fast.  A dog was hit recently and no one claimed it – riders are rude.  Locals are courteous, it is the outsiders who need enforcement.

TIM LOWELL, 37 GRAHAM ROAD
He has been riding for eleven years, he does not go into crops, he uses the outskirts of properties.  He has permission of Mulnites to cross the land, not to ride.  The dog that got hit is just wrong.  He can tolerate the noise for eight hours and he understands others may not – even going slow the sound is over 55 decibels.  The problem is no one will give written permission to ride as people are worried about liability.  What are riders supposed to do?

Ms. Roberts closed the public hearing at 7:33 p.m.

Respectfully submitted,


Cynthia D. Croxford
Recording Secretary