Minutes from the Public Hearing of the Legislative Council held in the meeting room of the C. H. Booth Library, 25 Main Street, Newtown, Connecticut, on Wednesday, August 19, 2009. Vice-Chairman Fran Pennarola opened the hearing at 7 pm.
PURPOSE OF THE PUBLIC HEARING - The purpose of the hearing was to hear public comment on the possible enactment of the following proposed ordinances: Newtown Noise Control Ordinance Chapter. 262 and Land Use Citations Ordinance Chapter 560.
Present: John Aurelia, Sr., Joseph DiCandido, Francis Pennarola, Joseph Hemingway, Patricia Llodra, Jan Brookes, Jeffery Capeci, Paul Lundquist and William Rodgers.
Absent: Gary Davis, Po Murray and Daniel Amaral
Also present: 11 members of the public and 1 member of the press
PUBLIC PARTICIPATION:
Noise Control Ordinance –
Chuck Newman, who runs Planters Choice Nursery on Huntingtown Road and Meadow Brook Road, expressed his concern about the ordinance addressing the Right to Farm Bill which allows individuals to run tractors and machinery for their businesses.
According to Mr. Newman, town zoning regulations do not recognize horticulture or the nursery but every other town does.
He said there was no mention of farming in the proposal that was published in the paper.
Mr. Newman told the council the nursery has three diesel irrigation pumps which are an integral part of their business, run 6 months a year, 7 days a week, starting at 5:30 am, Monday through Saturday, and 8 am on Sundays; and added that 4 to 8 nights a year when the temperature is below freezing the pumps go on.
Barbara Herman, 48 Jo-al Court, spoke in favor of a noise control ordinance and said she was told that Newtown did not have a regulation in place in regards to noise and hours of work.
Mrs. Herman told council members that near her house there was one piece of equipment that that operated 6 days a week from 7 am to 6:30 pm. She noted that she lives in a house with double paned windows and she couldn’t hear the television at a normal volume.
Mrs. Herman said that since March they have been running a chipper and another piece of equipment that sounded like a stump grinder and often starting before 7 am. She said she called and spoke to George Benson who said he would speak to them and they then started blowing a whistle to begin work each day. Finally, she said the work stopped a month ago.
According to Mrs. Herman, she sat through planning and zoning and wetlands meetings and knew they had a permit.
She concluded saying they could have cleared the property in two months, but dragged it out for two years.
Peggy Baiad, 4 Budd Drive, spoke in support of the ordinance indicating that she thought it was about time. Mrs. Baiad stated that Newtown was not the little town it use to be or the quiet town it use to be.
According to Mrs. Baiad, f someone complains there is subjective and objective measurements to see if there really is a problem.
John Rondano, a non- resident tax payer, spoke against the noise ordinance indicating that he would like to develop a house in Newtown. He says that the Town can’t say someone is unable to work past 6 pm at night because in this hot weather they “will shut the small guy down.”
In reference to the ordinances proposed 55 decibel cap, Mr. Rondano said he can talk louder than 55 decibels.
In conclusion he asked the council what is meant by “impulse” noises.
Mr. Pennarola said that impulse noises were intermittent noises.
Mr. Aurelia gave examples such as well drilling or pounding/ fracking.
Mr. Rondano concluded by saying that he hoped the town will take a second look at these noise ordinances.
Bob Reilly, 42 Gelding Hill Road, Sandy Hook, Chairman of the Economic Development Committee, asked that members of the council take into consideration the industrial sections of town so that there is a “place in town where businesses can do their thing.”
Land Use Citations Ordinance –
Mr. Rondano expressed his opposition to land use citations ordinance stating that he “doesn’t think anyone person has the right to give you a citation.”
With no further public comments, Mr. Pennarola said he doesn’t think the Legislative Council would be taking any action on the ordinances that evening as there were other people who wanted to be heard who could not be present such as George Benson, land Use Director in Newtown. He added that the Council did have 30-days to act on the ordinance before they would have to consider holding another hearing.
Mr. Pennarola closed the public hearing at 7:12 pm.
Ted Swigart, Clerk
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