ENFIELD TOWN COUNCIL
MINUTES OF A PUBLIC HEARING
JUNE 20, 2000
A Public Hearing was held in the Council Chambers of the Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut on Tuesday, June 20, 2000. Chairwoman Strom called the hearing to order at 7:20 p.m.
ROLL-CALL Present were Councilors Dodd, Egan, Falk, Fiore, Hall, Mangini, McGuire, Surapine, Strom, and Vayda. Councilor Kaupin was absent. Also present were Town Manager, Scott Shanley; Assistant Town Manager, Daniel Vindigni; Town Clerk, Suzanne F. Olechnicki; Director of Finance, Gregory Simmons; Chief of Police, Ronald Marcotte.
Chairwoman Strom read the following notice of Public Hearing which was published in the Journal Inquirer on June 12, 2000:
TOWN OF ENFIELD
LEGAL NOTICE
PUBLIC HEARING
TUESDAY, JUNE 20, 2000
"Notice is hereby given that the Enfield Town Council will hold a Public Hearing in the Enfield Town Hall, Council Chambers, 820 Enfield Street, Enfield, Connecticut on Tuesday, June 20, 2000 at 7:15 p.m. to allow interested citizens an opportunity to express their opinions regarding the proposed Noise Ordinance. Copies of proposed ordinance are available for public inspection in the Office of the Town Clerk, 820 Enfield Street, Enfield, Connecticut, Monday through Friday, 9:00 a.m. to 5:00 p.m."
Mr. Vindigni presented an overview of a draft Noise Ordinance as follows:
Declaration of Policy
Excessive noise must be controlled by the town to protect, preserve and promote the public health, safety and welfare. The Town Council recognizes the fact that people have a right to and should be ensured an environment free from excessive sound and vibration that may jeopardize their health, safety or welfare.
Definitions
· background noise & impulse noise
· business zone, industrial zone, residential zone
· property maintenance equipment
· daytime & nighttime hours
· premises
· public facility maintenance
Exclusions
· natural phenomena, wild animal sounds
· bell/chimes from church, school, or building
· public emergency sound signal
· warning devices required by OSHA
· farming
Exemptions
· property maintenance, construction equipment during daytime hours, approved blasting 8 AM TO 5 PM
· recreational activities sanctioned by the Town of Enfield
· refuse and solid waste collection from 6 AM to 10 PM
· fire and intrusion alarms within certain parameters
· public facility maintenance during daytime hours
Noise Level Measurement Procedures
· receptor abuts the emitters measurement taken more or less one foot beyond the boundary of the emitters premises and at a point within the receptors premises
· receptor does not abut emitter measurement taken more or less one foot within boundary of the receptors premises
· Planning Director and ZEO to review development proposals during administrative review to identify potential violations and assist potential emitters with compliance efforts
Noise Levels
· Zone in which emitter and receptor are located
· Industrial
· Business
· Residential
Mr. Vindigni gave some examples of background noise, short-term noise and then spoke about existing noise sources, motor vehicles, and existing state law.
Enforcement
· Chief of Police to enforce:
o consistent with other municipalities noise ordinances
o "24/7" operations of Police Department
o Chief of Police to develop procedures that include, but are not limited to: metering, training, and issuance of violation notices.
Violations and Penalties
· violators willing to address violations will receive a 2-week grace period and work with the Town Planner and ZEO on corrective action
· grace period may be extended by Town Manager
· violators unwilling to correct violations shall be fined an amount not to exceed $50 per day. Chief of Police to continue metering violations
· Chief of Police may refer matter to Town Attorney for additional legal action
Variance
· Administered by Town Manager
· May be granted in cases where:
o town ordinance is more stringent than State DEP regulations
o cannot be granted in cases where State DEP regulations would be violated
o can be applied for only new activities, not existing conditions
o noise levels of proposed activity cannot constitute a danger to public health
o compliance with Town ordinance would constitute an unreasonable hardship on the applicant
Councilor Falk questioned how this gets approved, and Mr. Shanley stated this would not go into effect until DEP approves it.
As no one wished to speak, Chairwoman Strom closed the Public Hearing at 7:40 p.m.
Respectfully submitted,
Jeannette Lamontagne
Secretary to the Council
By Suzanne F. Olechnicki
Suzanne F. Olechnicki
Town Clerk
Clerk of the Council