HomeMy WebLinkAboutNoise OrdinanceELIZABETH A. NEVILLE, RMC, CMC
TOWN C[A~]RK
RIqG1S'I'}~I~ OF VITAL STATISTICS
MARRIAGE OFFICER
RECORI)-~; MANAGEMENT OFFICER
FREEDOM O? INFORMATION OFFICER
Tovm Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6~45
Telephone (631) 765-'1800
~m th o]dtown,north£ork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTI IOLD
September 14,2010
I LEASk AKE NOFICE that the Town Board of the Tov, m of Southold ',viii hold PUBLIC ltEARINGS on the
proposed Local Laws likted belov,;'on October 5,201 O:
7:36pm: Local Law in relation to Chapter 280 Zoning, Deer Fences
7:38pm: Local Law in relation to new Chapter 2~0, ! rcvenhon and Contrul of Noise Pollution
Please sign the duplicate ol'this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you
Elizabeth A. Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning
Village of Greenport
Long Island Stare Park Commission
Email: Town of Riverhead
Town of Southamplon
Southold Planning Dept
Southold Assessors
Signature, Received by
Town of Shelter Island
Southold Building Dept
Southold Trustees
Title
I,?~," ! 2010
Sot ,;, I., T,.~w~ Gzr]l
Southold Town Board - Letter
Board Meeting of October 5, 2010
RESOLUTION 2010-819
WITHDRAWN
Item # 5.46
DOC ID: 6271
THIS IS TO CERTIFY THAT THE FOLLOVqING RESOLUTION NO. 2010-819 WAS
WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON OCTOBER 5, 2010:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 7th day of September, 2010, a Local Law entitled "A Local Law in
relation to the Prevention and Control of Noise Pollution in the Town of Southold"
and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in
the Town of Southold" which reads as follows:
LOCAL LAW NO. of 2010
A Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise
Pollution in the Town of Southold".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows:
{}200-1. Title. This law shall be known as the "Prevention and Control of Noise Pollution Law
of Southold Town."
§200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a
respite from the noise and turmoil which has become an integral part of life in the city and
suburbs and which has even encroached into many resort areas on the East End. Crafting of
regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural,
almost nostalgic way of life while providing an atmosphere for businesses to flourish. The
existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has
become an increasingly, significant problem during recent years. Such noise pollution which is
prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare,
comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of
Southold. It is the public policy and findings of the Town Board that every person is entitled to
Generated October 8, 2010 Page 62
Southold Town Board - Letter
Board Meeting of October 5, 2010
noise levels that are not detrimental to life, health and the enjoyment of his or her property. The
provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings
and for the purpose of protecting and promoting the public health, comfort, convenience, peace,
safety, welfare and prosperity of the Town of Southold and its inhabitants.
{}200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal
Home Rule Law to promote the public health, safety and general welfare of Town citizens
through regulations intended to govern noise pollution within the entire Town.
§200-4. Definitions. As used in this Chapter, the following terms shall have their meanings
indicated.
AIRBORNE SOUND - Sound that reached the point of interest by propagation through the air.
AMPLIFIED SOUND - Sound which has its volume increased by electronic means.
CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity
or non-profit organization.
COMMERCIAL SERVICE EQUIPMENT - All engineMpowered or motor-powered equipment
intended for infrequent service work in inhabited areas, typically requiring commercial or skilled
operators. Examples of commercial service equipment are chain saws, log chippers, paving
rollers, etc.
CONSTRUCTION DEVICE - Any powered device or equipment designed and intended for use
in construction. Examples of construction devices are air compressors, bulldozers, backhoes,
trucks, shovels, derricks and cranes.
dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose sound-level
meter complying with the provisions of the American National Standards Institute specifications
for sound-level meters, properly calibrated and operated on the A-weighing network.
DECIBEL ("dB") - The unit for measuring the volume of a sound based upon the pressure level
of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be
used to assure a consistent and standard reference for measuring sound.
HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine-powered or
motor-powered garden or maintenance tools intended for repetitive use in residential areas,
typically capable of being used by a homeowner. Examples of homeowner's light residential
outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc.
NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or
B. Is otherwise injurious, or tends to be, on the basis of current information injurious to
the public health or welfare; or
C. Disturbs a reasonable person of normal sensitivities;
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Southold Town Board - Letter Board Meeting of October 5, 2010
D. Exceeds standards or restrictions established heroin; or
E. Interferes with the comfortable enjoyment of life and property or the conduct of
business. The following are deemed to interfere with the comfortable enjoyment of
life and property or the conduct of business:
1. Yelling or shouting at any time that disturbs the quiet, comfort or repose of
person or persons residing or occupying an adjacent or neighboring property.
2. The using of, operating of or permitting to be played, used or operated,
any radio, receiving set, musical instrument, phonograph, television set
or other machine or device for the producing or reproducing of airborne
or amplified sound in such a manner as to disturb the peace, quiet and
comfort of the person or persons residing or occupying an adjacent or
neighboring property.
PERSON - An individual, association, firm, syndicate, company, trust, corporation, department,
bureau or agency or any other entity recognized by law as the subject of rights and duties
SOUND-LEVEL METER - An instrument for the measurement of noise and sound levels
including a microphone, amplifier, an output meter and frequency weighting networks which
comply with standards established by the American National Standards Institute (ANSI)
specifications for sound-level meters.
§ 200-5. General prohibition. No person or persons owning leasing or controlling the operation
of any source of noise on any lot or structure within the Town shall permit the establishment of a
condition of noise pollution. Except as provided in {}200-6, the use of amplifiers, speaker or
other machines or devices capable of reproducing amplified or airbome sound from the premises,
dwelling or building within the Town shall be considered noise pollution and shall be prohibited
at all times.
§ 200-6. Standards. No person shall create or cause to be emitted any noise pollution which
when measured at or beyond any lot line of the property on which such noise pollution is being
generated, exceeds the following standards:
A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in
excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in
excess of 50 dBA.
B. Friday and Saturday: (i) from 7:00 a.m. to 10:00 p.m. airborne or amplified sound in
excess of 65 dBA; and (ii) from 10:00 p.m. to 7:00 a.m. airborne or amplified sound in
excess of 50 dBA.
§ 200-7. Exceptions.
The provisions of {}200-5 and {}200-6 shall not apply to the following:
1. The intermittent or occasional use between 7:00 a.m. through 7:00 p.m. of
homeowner's light residential outdoor equipment with mufflers or commercial
service equipment, provided that such activities and such equipment and their use
comply with the other provisions hereof.
2. Construction activities between 7:00 a.m. through 7:00 p.m. and the associated
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Southold Town Board - Letter Board Meeting of October 5, 2010
10.
11.
12.
13.
14.
15.
use of construction devices or the noise produced thereby, provided that such
activities and such equipment and their use comply with the other provisions
hereof.
Noise from agricultural equipment.
Noise from church bells or chimes used.
Noise from snowblowers, snowthrowers and snowplows when operated with a
muffler for the purpose of snow removal.
Non-amplified noise generated from lawful athletic or recreational activities,
events, or facilities.
Non-amplified noise-organized activities sponsored by any school district, private
school or fire district or department within the Town of Southold.
Noise from municipally sponsored celebrations or events.
Noise from lawful fireworks displays, parades, and other charitable and special
events held in accordance with all pertinent provisions of the Southold Town
Code.
Noncommercial public speaking or public assembly activities conducted on any
public space or public right-of-way.
Emergency construction or repair work.
Noise from the activities of any fire department, ambulance squad or similar
emergency or rescue organization in carrying out their official duties.
Noncommercial amplified sound that does not exceed the noise standard
established in {}200-6 of this chapter.
Emergency stationary and mobile signal devices.
Audible exterior burglar alarms in operation for 15 minutes or less.
§ 200 - 8. Enforcement. The provisions of this chapter shall be administered and enforced by
the Southold Town Police Department and the Southold Town Office of Code Enforcement.
§ 200- 9. Penalties for offenses.
Any person who shall violate the provisions of this chapter shall be guilty ora violation
punishable by a fine not exceeding $500; and upon conviction of a third or subsequent
offense within 18 months, punishable by a fine not exceeding $5,000. If such violation is
of a continuing nature, each one hour period of violation of any provision of this chapter
shall constitute an additional, separate and distinct offense,
In addition to any other remedy provided by law, the Town may bring an injunction
proceeding to enforce this chapter.
II. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
III. EFFECTIVE DATE
Generated October 8, 2010 Page 65
Southold Town Board - Letter
Board Meeting of October 5, 2010
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: NO ACTION
Generated October 8, 2010 Page 66
Southold Town Board - Letter Board Meeting of October 5, 2010
RESOLUTION 2010-819
WITHDRAWN
Item # 5.46
DOC ID: 6271
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-819 WAS
WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON OCTOBER 5, 2010:
WHEREAS there has been presented to the Town Board of the Town of Southold Suffolk
County, New York, on the 7 h day of September, 2010, a Local Law entitled "A Local Law in
relation to the Prevention and Control of Noise Pollution in the Town of Southold"
and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in
the Town of Southold" which reads as follows:
LOCAL LAW NO. of 2010
A Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise
Pollution in the Town of Southold".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows:
{}200-1. Title. This law shall be known as the "Prevention and Control of Noise Pollution Law
of Southold Town."
§200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a
respite from the noise and turmoil which has become an integral part of life in the city and
suburbs and which has even encroached into many resort areas on the East End. Crafting of
regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural,
almost nostalgic way of life while providing an atmosphere for businesses to flourish. The
existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has
become an increasingly, significant problem during recent years. Such noise pollution which is
prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare,
comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of
Southold. It is the public policy and findings of the Town Board that every person is entitled to
Generated October 8, 2010 Page 62
Southold Town Board - Letter Board Meeting of October 5, 2010
noise levels that are not detrimental to life, health and the enjoyment of his or her property. The
provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings
and for the purpose of protecting and promoting the public health, comfort, convenience, peace,
safety, welfare and prosperity of the Town of Southold and its inhabitants.
{}200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal
Home Rule Law to promote the public health, safety and general welfare of Town citizens
through regulations intended to govern noise pollution within the entire Town.
{}200-4. Definitions. As used in this Chapter, the following terms shall have their meanings
indicated.
AIRBORNE SOUND - Sound that reached the point of interest by propagation through the air.
AMPLIFIED SOUND - Sound which has its volume increased by electronic means.
CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity
or non-profit organization.
COMMERCIAL SERVICE EQUIPMENT - All engine-powered or motor-powered equipment
intended for infrequent service work in inhabited areas, typically requiring commercial or skilled
operators. Examples of commercial service equipment are chain saws, log chippers, paving
rollers, etc.
CONSTRUCTION DEVICE - Any powered device or equipment designed and intended for use
in construction. Examples of construction devices are air compressors, bulldozers, backhoes,
trucks, shovels, derricks and cranes.
dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose sound-level
meter complying with the provisions of the American National Standards Institute specifications
for sound-level meters, properly calibrated and operated on the A-weighing network.
DECIBEL ("dB") - The unit for measuring the volume of a sound based upon the pressure level
ora sound. For the purpose of this chapter, the standard reference pressure stated herein will be
used to assure a consistent and standard reference for measuring sound.
HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine-powered or
motor-powered garden or maintenance tools intended for repetitive use in residential areas,
typically capable of being used by a homeowner. Examples of homeowner's light residential
outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc.
NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or
B. Is otherwise injurious, or tends to be, on the basis of current information injurious to
the public health or welfare; or
C. Disturbs a reasonable person of normal sensitivities;
Generated October 8, 2010 Page 63
Southold Town Board - Letter Board Meeting of October 5, 2010
D. Exceeds standards or restrictions established herein; or
E. Interferes with the comfortable enjoyment of life and property or the conduct of
business. The following are deemed to interfere with the comfortable enjoyment of
life and property or the conduct of business:
1. Yelling or shouting at any time that disturbs the quiet, comfort or repose of
person or persons residing or occupying an adjacent or neighboring property.
2. The using of, operating of or permitting to be played, used or operated,
any radio, receiving set, musical instrument, phonograph, television set
or other machine or device for the producing or reproducing of airborne
or amplified sound in such a manner as to disturb the peace, quiet and
comfort of the person or persons residing or occupying an adjacent or
neighboring property.
PERSON - An individual, association, firm, syndicate, company, trust, corporation, department,
bureau or agency or any other entity recognized by law as the subject of rights and duties
SOUND-LEVEL METER - An instrument for the measurement of noise and sound levels
including a microphone, amplifier, an output meter and frequency weighting networks which
comply with standards established by the American National Standards Institute (ANSI)
specifications for sound-level meters.
§ 200-5. General prohibition. No person or persons owning leasing or controlling the operation
of any source of noise on any lot or structure within the Town shall permit the establishment ora
condition of noise pollution. Except as provided in {}200-6, the use of amplifiers, speaker or
other machines or devices capable of reproducing amplified or airborne sound from the premises,
dwelling or building within the Town shall be considered noise pollution and shall be prohibited
at all times.
§ 200-6. Standards. No person shall create or cause to be emitted any noise pollution which
when measured at or beyond any lot line of the property on which such noise pollution is being
generated, exceeds the following standards:
A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in
excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in
excess of 50 dBA.
B. Friday and Saturday: (i) from 7:00 a.m. to 10:00 p.m. airborne or amplified sound in
excess of 65 dBA; and (ii) from 10:00 p.m. to 7:00 a.m. airborne or amplified sound in
excess of 50 dBA.
§ 200-7. Exceptions.
The provisions of {}200-5 and {}200-6 shall not apply to the following:
1. The intermittent or occasional use between 7:00 a.m. through 7:00 p.m. of
homeowner's light residential outdoor equipment with mufflers or commercial
service equipment, provided that such activities and such equipment and their use
comply with the other provisions hereof.
2. Construction activities between 7:00 a.m. through 7:00 p.m. and the associated
Generated October 8, 2010 Page 64
Southold Town Board - Letter
Board Meeting of October 5, 2010
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
use of construction devices or the noise produced thereby, provided that such
activities and such equipment and their use comply with the other provisions
hereof.
Noise from agricultural equipment.
Noise from church bells or chimes used.
Noise from snowblowers, snowthrowers and snowplows when operated with a
muffler for the purpose of snow removal.
Non-amplified noise generated from lawful athletic or recreational activities,
events, or facilities.
Non-amplified noise-organized activities sponsored by any school district, private
school or fire district or department within the Town of Southold.
Noise from municipally sponsored celebrations or events.
Noise from lawful fireworks displays, parades, and other charitable and special
events held in accordance with all pertinent provisions of the Southold Town
Code.
Noncommercial public speaking or public assembly activities conducted on any
public space or public right-of-way.
Emergency construction or repair work.
Noise from the activities of any fire department, ambulance squad or similar
emergency or rescue organization in carrying out their official duties.
Noncommemial amplified sound that does not exceed the noise standard
established in {}200-6 of this chapter.
Emergency stationary and mobile signal devices.
Audible exterior burglar alarms in operation for 15 minutes or less.
§ 200 - 8. Enforcement. The provisions of this chapter shall be administered and enforced by
the Southold Town Police Department and the Southold Town Office of Code Enforcement.
§ 200-
A.
9. Penalties for offenses.
Any person who shall violate the provisions of this chapter shall be guilty of a violation
punishable by a fine not exceeding $500; and upon conviction of a third or subsequent
offense within 18 months, punishable by a fine not exceeding $5,000. If such violation is
ora continuing nature, each one hour period of violation of any provision of this chapter
shall constitute an additional, separate and distinct offense,
In addition to any other remedy provided by law, the Town may bring an injunction
proceeding to enforce this chapter.
II. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IlL EFFECTIVE DATE
Generated October 8, 2010 Page 65
Southold Town Board - Letter Board Meeting of October 5, 2010
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: NO ACTION
Generated October 8, 2010 Page 66
SOUTHOLD TOWN BOARD
PUBLIC HEARING
October 5, 2010
7:38 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman Albert Krupski
Councilman William Ruland
Councilman Vincent Orlando
Councilman Christopher Talbot
Town Clerk Elizabeth Neville
Town Attorney Martin Finnegan
This hearing was opened at 9:13 PM
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented
to the Town Board of the Town of Southold, Suffolk County, New York, on the 7th day
of September, 2010, a Local Law entitled "A Local Law in relation to the Prevention
and Control of Noise Pollution in the Town of Southold'and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 5tb day of October, 2010 at 7:38
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to the Prevention and
Control of Noise Pollution in the Town of Sonthold" reads as follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to the Prevention and Control of
Noise Pollution in the Town of Southold".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. A new Chapter 200 of the Code of the Town of Southold is hereby adopted as
follows:
§200-1. Title. This law shall be known as the "Prevention and Control of Noise
Pollution Law of Southold Town."
§200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally
provided a respite from the noise and turmoil which has become an integral part
of life in the city and suburbs and which has even encroached into many resort
areas on the East End. Crafting of regulations that are uniquely appropriate for
the Town of Southold are aimed to protect this rural, almost nostalgic way of life
while providing an atmosphere for businesses to flourish. The existence of
unreasonably loud, unnecessary disturbing or unusual noise within the Town has
become an increasingly, significant problem during recent years. Such noise
Prevention and Control of Noise Pollution 2
October 5, 2010
pollution which is prolonged, unusual or unnatural in its time, place and use is
harmful to the peace, welfare, comfort, safety, convenience, good order and
prosperity of the inhabitants of the Town of Southold. It is the public policy and
findings of the Town Board that every person is entitled to noise levels that are
not detrimental to life, health and the enjoyment of his or her property. The
provisions and prohibitions hereinafter enacted are in pursuance of this policy and
these findings and for the purpose of protecting and promoting the public health,
comfort, convenience, peace, safety, welfare and prosperity of the Town of
Southold and its inhabitants.
§200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the
Municipal Home Rule Law to promote the public health, safety and general welfare of
Town citizens through regulations intended to govern noise pollution within the entire
Town.
§200-4. Definitions. As used in this Chapter, the following terms shall have their
meanings indicated.
AIRBORNE SOUND - Sound that reached the point of interest by propagation through
the air.
AMPLIFIED SOUND - Sound which has its volume increased by electronic means.
CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific
charity or non-profit organization.
COMMERCIAL SERVICE EQUIPMENT - All engine-powered or motor-powered
equipment intended for infrequent service work in inhabited areas, typically requiting
commercial or skilled operators. Examples of commercial service equipment are chain
saws, log chippers, paving rollers, etc.
CONSTRUCTION DEVICE - Any powered device or equipment designed and intended
for use in construction. Examples of construction devices are air compressors,
bulldozers, backhoes, trucks, shovels, derricks and cranes.
dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose
sound-level meter complying with the provisions of the American National Standards
Institute specifications for sound-level meters, properly calibrated and operated on the A-
weighing network.
DECIBEL ("dB") - The unit for measuring the volume of a sound based upon the
pressure level of a sound. For the purpose of this chapter, the standard reference pressure
stated herein will be used to assure a consistent and standard reference for measuring
sound.
HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine-
powered or motor-powered garden or maintenance tools intended for repetitive use in
residential areas, typically capable of being used by a homeowner. Examples of
homeowner's light residential outdoor equipment are lawn mowers, garden tools, tiding
tractors, snowblowers, snowplows, etc.
NOISE POLLUTION - Airborne or amplified sound which:
A. Causes temporary or permanent hearing loss in persons exposed; or
B. Is otherwise injurious, or tends to be, on the basis of current information
injurious to the public health or welfare; or
C. Disturbs a reasonable person of normal sensitivities;
D. Exceeds standards or restrictions established herein; or
Prevention and Control of Noise Pollution
October 5, 2010
E. Interferes with the comfortable enjoyment of life and property or the
conduct of business. The following are deemed to interfere with the
comfortable enjoyment of life and property or the conduct of business:
1. Yelling or shouting at any time that disturbs the quiet, comfort or
repose of person or persons residing or occupying an adjacent or
neighboring property.
2. The using of, operating of or permitting to be played, used or
operated, any radio, receiving set, musical instrument,
phonograph, television set or other machine or device for the
producing or reproducing of airborne or amplified sound in
such a manner as to disturb the peace, quiet and comfort of
the person or persons residing or occupying an adjacent or
neighboring property.
PERSON - An individual, association, finn, syndicate, company, trust, corporation,
department, bureau or agency or any other entity recognized by law as the subject of
rights and duties.
SOUND-LEVEL METER - An instrument for the measurement of noise and sound
levels including a microphone, amplifier, an output meter and frequency weighting
networks which comply with standards established by the American National Standards
Institute (ANSI) specifications for sound-level meters.
§ 200-5. General prohibition. No person or persons owning leasing or controlling the
operation of any source of noise on any lot or structure within the Town shall permit the
establishment of a condition of noise pollution. Except as provided in §200-6, the use of
amplifiers, speaker or other machines or devices capable of reproducing amplified or
airborne sound from the premises, dwelling or building within the Town shall be
considered noise pollution and shall be prohibited at all times.
§ 200-6. Standards. No person shall create or cause to be emitted any noise pollution
which when measured at or beyond any lot line of the property on which such noise
pollution is being generated, exceeds the following standards:
Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified
sound in excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or
amplified sound in excess of 50 dBA.
Friday and Saturday: (i) from 7:00 a.m. to 10:00 p.m. airborne or amplified sound
in excess of 65 dBA; and (ii) from 10:00 p.m. to 7:00 a.m. airborne or amplified
sound in excess of 50 dBA.
§ 200-7. Exceptions.
A. The provisions of §200-5 and §200-6 shall not apply to the following:
1. The intermittent or occasional use between 7:00 a.m. through 7:00 p.m. of
Prevention and Control of Noise Pollution 4
October 5, 2010
homeowner's light residential outdoor equipment with mufflers or
commercial service equipment, provided that such activities and such
equipment and their use comply with the other provisions hereof.
2. Construction activities between 7:00 a.m. through 7:00 p.m. and the
associated use of construction devices or the noise produced thereby,
provided that such activities and such equipment and their use comply
with the other provisions hereof.
3. Noise from agricultural equipment.
4. Noise from church bells or chimes used.
5. Noise from snowblowers, snowthrowers and snowplows when operated
with a muffler for the purpose of snow removal.
6. Non-amplified noise generated from lawful athletic or recreational
activities, events, or facilities.
7. Non-amplified noise-organized activities sponsored by any school district,
private school or fire district or department within the Town of Southold.
8. Noise from raunicipally sponsored celebrations or events.
9. Noise fi'om lawful fireworks displays, parades, and other charitable and
special events held in accordance with all pertinent provisions of the
Southold Town Code.
10. Noncommercial public speaking or public assembly activities conducted
on any public space or public right-of-way.
11. Emergency construction or repair work.
12. Noise from the activities of any fire department, ambulance squad or
similar emergency or rescue organization in carrying out their official
duties.
13. Noncommercial amplified sound that does not exceed the noise standard
established in §200-6 of this chapter.
14. Emergency stationary and mobile signal devices.
15. Audible exterior burglar alarms in operation for 15 minutes or less.
§ 200 - 8. Enforcement. The provisions of this chapter shall be administered and
enforced by the Southold Town Police Depamnent and the Southold Town Office of
Code Enforcement.
§ 200- 9. Penalties for offenses.
Any person who shall violate the provisions of this chapter shall be guilty of a
violation punishable by a fine not exceeding $500; and upon conviction of a third
or subsequent offense within 18 months, punishable by a fine not exceeding
$5,000. If such violation is of a continuing nature, each one hour period of
violation of any provision of this chapter shall constitute an additional, separate
and distinct offense,
In addition to any other remedy provided by law, the Town may bring an
injunction proceeding to enforce this chapter.
Prevention and Control of Noise Pollution 5
October 5, 2010
II. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
III. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
We have a notice that it was posted on the Town Clerk's bulletin board on September 14,
2010. We have a notice that it was posted in the Suffolk Times on the 23rd day of
September 2010. A notice from the Suffolk County Department of Planning, 'Pursuant
to the requirements of Sections A14-14 thru A14-25 of the Suffolk County
Administrative Code, the above referenced application which has been submitted to the
Suffolk County Planning Commission is considered to be a matter for local determination
as there is no apparent significant county-wide or inter-community impacts. A decision
of local determination should not be construed as either an approval or disapproval.' I
have one, two, three, four letters from residents in favor of the law. The letter from Long
Island Wine Council; we have a letter from Martin Sidor, chairman of the Planning
Board, 'Thank you for the opportunity to provide comments on the proposed local law
referenced above. The Planning Board has reviewed the proposed legislation and offers
no comments.' And from the LWRP coordinator Mark Terry, 'The proposed local law
has been reviewed to chapter 268, waterfront consistency review of the Town of Southold
town code and the Local Waterfront Revitalization Policy standards. Based upon the
information provided to this department as well as records available to me, it is my
recommendation that the proposed action is consistent with the LWRP policy standards
and therefore is consistent with the LWRP. Pursuant to chapter 268, the Town Board
shall consider this recommendation in preparing its written determination regarding the
consistency of the proposed action.' And that is it.
SUPERVISOR RUSSELL: Aldght, let me just quickly say, first of all, I apologize. This
is a very important issue that requires a lot of public input and dialogue and give and
take. It shouldn't have lined up the same night as three other public hearings. That is,
unfortunately, that was just the way some of those were delayed and tabled. I apologize
for that but rest assured, we want to hear from everybody as we move forward on
legislation with regard to noise. I would now open the floor. Please.
JOHN BRADY: Hi, John Brady, East Marion. I am just curious, how loud is 65 decibels
and how loud is 50 decibels? I have no idea.
UNIDENTIFIED: You are over 55 decibels right now. Inaudible. A vacuum cleaner
running at 1 meter away is 70 decibels.
Prevention and Control of Noise Pollution 6
October 5, 2010
UNIDENTIFIED: Inaudible.
COUNCILMAN TALBOT:
reading as well.
Yes, a chirping bird out in public is over the decibel
ANNE MURRAY: Like many East Marion hamlet residents, I lost sleep (inaudible) for
many years as a result of extremely loud, amplified music that came from the Blue
Dolphin. This was located, by the way, almost a mile (microphone turned off, comments
mostly inaudible).
SUPERVISOR RUSSELL: Thank you.
ADRIENNE GREENBURG: Thank you very much for giving me the opportunity to
speak. My name is Adrienne Greenburg, I am from Greenport. I am speaking for 14 of
my neighbors who live on Sound Road in Greenport. We are very pleased that the Board
is working on implementing a noise ordinance in Southold. We are the only town on
Long Island without such an ordinance. Without an ordinance, we are auditory captives
of a local restaurant owner who, this is on Sound Road, this is not the Blue Dolphin,
when complained to about the amplified music coming from their grounds, this
individual who owns this restaurant told our neighbors that if they want, if they didn't
want to hear the music, they should just go back to their house, close the windows and
spend the day in their air-conditioned rooms. He didn't have to worry, there was no law.
He knew he was not breaking any law. So why not tell them go away. An ordinance to
control noise should not mean that businesses should cease to function. Instead it should
mean that businesses and residential neighborhoods will be able to coexist. Since you are
considering adopting a noise ordinance, we hope it will be something that can be easily
enforced and not ambiguous. We are concerned about two ambiguities in the proposed
law which will inhibit enforcement. One, as the code is written now, the fine could be set
because it says as low, the first fine up to $500 could be set so low that the offender could
just absorb it into its business expenses and continue to offend. As the code is written
now, the second of the two ambiguities, the noise meter measurements can be taken from
any border of the property. We would like to know who determines from which border
of the property the meter reader is to be taken? I didn't notice that in the write up. Is
there a location? Is there, who...
SUPERVISOR RUSSELL: What it does is it allows the enforcement agent to take the
meter reading from any of the border of that particular property. It also allows, which
says and beyond, so it allows the officer to take the meter reading from the complainant's
property, from beyond the site plan of that particular parcel.
MS. GREENBURG: Okay, because if the property is large enough, in essence, they can
go to the far end of the property and be, the source of the noise might be here, the homes
might here, they could go to the far end of the property and say, sounds fine here.
Prevention and Control of Noise Pollution 7
October 5, 2010
SUPERVISOR RUSSELL: Well, we discussed this with the police chief find the captain
today and again, they would use their discretion. They would take the reading from the
side of where the complainant is.
MS. GREENBURG: Well, if somebody is somebody's friend, they will use their
discretion to go to the far end if there is no law. Bat if it says very specifically that it has
to be closest to where the noise has been generated, then for example if the property is
this big and the offending music is here, they could go over there, if it is their somebody.
COUNCILMAN ORLANDO: Well, that is why we were talking about it today. Maybe
we should change that to the complainant's. So if it is at your house, the officer can go to
your house with the meter and say, okay, it is too loud.
MS. GREENBURG: The closest perimeter. It seems to be ....
COUNCILMAN ORLANDO: Because yours might be the closest at that time. Every
place is going to be different.
MS. GREENBURG: Alright, well, the people who seem to have the most experience
with noise, I think, I bow to them. We just had it this summer in one restaurant and well,
I just indicated what the, I thank you very much for addressing this very important issue
on the quality of life. Thank you very much. And I am going to give you this because
this is the 14 neighbors for whom I am representing.
SUPERVISOR RUSSELL: Thank you.
JOE FISCHETTI: Good evening, I am Joe Fischetti, I live in the village of Southold.
There is the one section 200-7 A2 which deals with construction activities, what you have
right now is construction activities 12 hours a day, 7 days a week, Sundays and holidays.
I have sleeping beauties castle being built across the street from me, for nine months they
built and actually they have been building until 9:00 at night, steel workers are there from
the other side of the county. They are there 7:00 in the morning until dark. Seven days a
week, Memorial Day. You have to change that portion of the law. This is not good. I
would recommend that construction activities between 7:00 and 5:00 so we have at least
a dinner time that is reasonable, that is 10 hours a day. That would be reasonable for a
construction activity. And Sunday's and holidays, no construction activities. The other
thing that is left out of this portion is deliveries of construction materials. Now at 6:30 in
the morning when construction materials are being delivered, that is not construction
activities, you have trucks with the beeping every morning. You have, those deliveries
will happen at least two or three times a week. So I would recommend that construction
activities including deliveries of materials be part of that noise. Now again, this is
different than decibels. These happen intermittently at high levels and low levels so you
can't get somebody over there with a decibel rea&rs. It needs to be specifically stated
when construction activities have to happen. So again, 7:00 to 5:00 would be great, give
us our Sunday's without that and holidays and make sure that deliveries of materials are
included as part of construction activities. Thank you very much.
Prevention and Control of Noise Pollution 8
October 5, 2010
SUPERVISOR RUSSELL: Thank you, Joe.
JOYCE DECORDOVA: Hello, my name is Joyce DeCordova and I live in Greenport. I
commend you for this ordinance and the heating. I have two questions and again, the
lady mentioned the fine, when you were reading it, you said the first offense $500 but in
the reading here it says not to exceed $500. So I wonder if the Board member could
clarify that?
COUNCILMAN TALBOT: It says here punishable by a fine not exceeding $500. That
was just a paraphrase of the law that was written. That is correct.
MS. DECORDOVA: So not exceeding, so, and I want to support the woman that was
speaking before. That to me is ineffective because they could get a fine for $50 and
unless you hit the pocketbook, things are not going to change.
COUNCILMAN TALBOT: If you get caught cutting your grass after 7:00 PM, you can
get fined $500 too.
MS. DECORDOVA: Yes, yes. But the fine is up to the discretion of the police? Is that
how it is going to work?
SUPERVISOR RUSSELL: No, anybody that is violated, they would have their right to
due process, it would ultimately be the judge's decision on what the fine should be.
MS. DECORDOVA: Oh, okay.
SUPERVISOR RUSSELL: In other words, it would be the judge to determine all the
mitigating factors, any of the issues and assign a fee not to exceed $500 for the first
offense.
MS. DECORDOVA: I got it. Thank you. The second question I have is you say that the
person who is doing the noise is going to get the fine. What about an absentee landlord,
do they get fined? Or just the person that is living in the residence, do they get fined? Or
both of them? Is that going to be anything that we can clarify?
SUPERVISOR RUSSELL: I am going to defer to Martin, our town attorney.
TOWN ATTORNEY FINNEGAN: As drafted, anyone controlling, causing the noise, so
if it is the tenant, a person on premise who is making the noise they are the person who is
controlling the operation of the noise and they are the ones who would be subject to the
violations.
MS. DECORDOVA: It would be the tenant.
Prevention and Control of Noise Pollution 9
October 5, 2010
TOWN ATTORNEY FINNEGAN: As drafted, the legislation would allow for a
violation for the person controlling the source of the noise. So if you have a DJ for
instance on your property, if you have somebody who is creating the noise pollution, that
is the person who could be violated. The owner of the property could be violated as well.
So it is not limiting it to just an owner, it could be anybody who is on the premises who is
creating noise that is not exempted under the law.
MS. DECORDOVA: So in the case of an absentee landlord, it could in fact be the
absentee landlord as well as the tenant?
TOWN ATTORNEY FINNEGAN: I don't, I think it is whoever is on premises,
controlling the premises and generating the noise.
MS. DECORDOVA: Okay. Thank you.
COUNCILMAN ORLANDO: To answer your one question, since there in no two alike
situations, that is why it is up to $500. Because you know, when Scott Russell has a
Sweet 16 party for his daughter and the music is too loud, we don't ....
UNIDENTIFIED: Inaudible.
COUNCILMAN ORLANDO: He will get the one fine.
COUNCILMAN TALBOT: Got a long way before she is 16.
SUPERVISOR RUSSELL: It is a lot longer than she might think. She thinks she is
already there but she has about 7 years to go.
RON GOERLER: Thank you, Scott. Long Island Wine Council, Ron Goerler. You
guys get an A for effort tonight for patience. But we wrote a letter on October 1 in
support of the ordinance. Obviously we have a few questions. I just want to read the
letter for the record. 'The Long Island Wine Council generally supports the objectives of
the proposed local law number 2010, entitled 'A Local Law in relation to the Prevention
and Control of Noise Pollution in the Town of Southold'. However, we do have some
concerns about the current text which we would like to be clarified or addressed before
the proposal is adopted by the Town Board. One concern involves the collection of
decibel data which was brought up earlier. We note that section 200-4 provides
definitions for decibels and sound level meters, but the proposed law does not indicate
how the decibel data will be collected and recorded for use in later proceedings. In other
words, will the persons concerned be presented with official documentation showing the
meter reading at the specific location and time?
SUPERVISOR RUSSELL: Yes, they would have to. And under the budget that I
submitted to the Board, that includes noise meters. It also includes a contract for the
regular servicing of the meters, the calibration of those meters and everything you would
Prevention and Control of Noise Pollution
October 5, 2010
need. It is really not much different than a radar gun with speed.
requirements to adjudicate.
10
All those are
MR. GOERLER: Okay, another related concern is the method of measuring the decibel
levels. Section 200-6 includes two distinct decibel limits but does not say how the
decibel levels are measured in relation to the ambient noise. For the purposes of
determining compliance with this law, will the decibel levels be measured with or above
ambient noise?
SUPERVISOR RUSSELL: That is a very fair point that we discussed today. And let me
just tell you, we read your letter, you had a lot of good input. One of the reasons and for
other people that raised the issue with the fines, any of those are substantial changes, we
are requiring a renoticing of this, by the way. But the idea was the police officer would
take the ambient noise and then take a reading, use that as a benchmark and then take the
reading beyond the ambient noise.
MR. GOERLER: So it is going to be above the 65 decibels.
SUPERVISOR RUSSELL: That is my presumption. Again, I will refer it to Martin but
there are certainly ....
TOWN ATTORNEY FINNEGAN: I believe that the officers are going to be trained in
the use of the sound level meter and the meter has the ability to take a measurement of
ambient noise in the area. Ambient noise may not always be a constant. If you were
referencing vehicular noise, things like that. It depends also on where you are as to
whether or not there some level of ambient noise that can even be detected. In a
residential neighborhood there may none but the source of the noise pollution. Obviously
in a commercial area it could be ....
MR. GOERLER: Unfortunate thing out here is the weather, which is the wind that
carries the noise most of the time to these areas that people complain about. So that is
something, I don't know how that fits into the law but obviously wind carries the noise
way beyond where it should be sometimes. We also note that section 200-6 prohibits
airbome or amplified sound above 65 decibels on Sunday through Thursday from 7:00
am to 7:00 pm and from 7:00 am to 10:00 pm on Friday and Saturday. Because of the 50
decibel and the 65 decibel limits establish very low thresholds in relation to the ambient
noise (e.g. airborne sound from street traffic is 70 decibels) we would ask that the 65
decibel level be permitted until 10:00 pm on Sunday through Thursday and until 11:00
pm on Friday and Saturday. We appreciate that there is an exception for agricultural
equipment in the proposed legislation, paragraph A3. Generally we would prefer that
exceptions for agricultural and any provision of the town code use the phrase "farm
operation as defined under state ag and markets law" which encompasses a full range of
practices normally associated with agricultural activities. Finally, paragraph A9 provides
the exception for other charitable and special events held in accordance with all pertinent
provisions of the Southold town code. We assume that this exception would thus apply
to all permitted events, including those at wineries and other farm operations. If so, we
Prevention and Control of Noise Pollution 11
October 5, 2010
would note that the town is only now launching a process to consider possible
modifications of its special events legislation. We would prefer that the rules and the
procedures required for obtaining such permits be clarified before referencing such
pertinent provisions in any new legislation. In closing, I would like to reiterate that our
members generally support the objectives of this new law and we look forward to
working with the Town Board to clarify these issues so that we can proceed with its
implementation.
SUPERVISOR RUSSELL: Thank you, Ron. Let me just again reiterate, we read it, you
raised some good issues, we appreciate your cooperation. I think one of the ironies here
is people said, well, you are proposing this because of the wineries. We don't get
complaints from wineries generally speaking. In fact, what really fueled this fire was two
businesses at two ends of town and then the third that showed up. But generally the
wineries have the events in the afternoons, they are generally more acoustic in nature. It
is not, you know, the issues that we were trying to address with regard to Blue Dolphin
and other operations. And you have been cooperative and we want to thank you for that.
You raised some good issues, again, this town, to make any changes, including fine
structure, we would have to re-notice this but we certainly will consider all of that as we
sit about finalizing this.
MR. GOERLER: Thank you.
SUPERVISOR RUSSELL: Thank you.
COUNCILMAN KRUPSKI: What he means is, we all get to do this again some other
night.
SUPERVISOR RUSSELL: And we assure you that it will be the only hearing that night,
we would not ....
ANDY SEMONS: I am Andy Semons, I live here in the hamlet of Southold also. I want
to follow up on something Mr. Fischetti was saying earlier because I happen to live on
the other side of sleeping beauties castle, which is under construction. I think it is not
just about the decibel level of the noise and I do very much second the idea of limiting
the construction hours so that we have a little peace and quiet on Sunday's at the very
least and during the dinner hour. But is also the frequency and the repetition of the
sotmd. I mean, we have been living next to, for the past 16 months on you know, a seven
day a week, you know, almost a 24/7 days, the sound of backhoes and bulldozers and all
kinds of excavations. It was the cleating of land that went for, you know, a good six
months before they even started constructing on the property and I can tell you, nothing is
more disruptive when you go out of your house on at 6:00 on a sunny summer morning
and go for a quiet paddle on the creek and already the construction noise is ramping up.
So I think we have not able to use our yard or to entertain for the past year and a half, it
has been, you know, virtually impossible to sit out on the patio in the evening and if them
is something that the town can do, because you know, construction machinery moves
around but you know, ultimately the decibel level isn't nearly as important as the
Prevention and Control of Noise Pollution 12
October 5, 2010
repetition of these grinding, horfific noises that interfere with conversations and interfere
with birdsongs, that interfere with everything in your life. I think we do need to make
some provisions that are specifically on that. And just as a side note, sleeping beauties
owner has confided in me that he hunts and he is building an exterior pen for his five
beagles. So I think ..... oh, I am sorry, I was just making note of the fact that also the fact
that we may be also the recipients of an outdoor dog pen on the street with five beagles.
Might be a little annoying as well and I haven't seen anything specifically ....
SUPERVISOR RUSSELL: Actually, barking dogs are already covered under the
existing code. In fact, it is really the only reference to noise we have in the code that is
enforceable. That is enforceable. We have other references in the current code that just
simply aren't enforceable but we do have one specific to the barking dogs.
MR. SEMONS: Alright, well, thanks.
SUPERVISOR RUSSELL: Thank you very much.
COUNCILMAN ORLANDO: One quick question, sir? Who in your neighborhood
nicknamed them sleeping beauty? I am curious.
MR. SEMONS: Joe actually just said that. I figured it was a good one to follow up on.
DARLINE DUFFY: Hi, I am Darline Duffy, I live in Greenport. The thing that I want to
talk about has nothing to do with decibels. What is upsetting me, I have a neighbor, most
people don't know about this and I didn't know about it and I work in Town Hall, so I
wanted to bring it to everyone's attention. My neighbor put in a building permit to put an
indoor swimming pool. He built a whole structure to put this pool in and I looked at the
plans and I, it looks great. Actually when they finished it, I thought, very nice. It is only
20 feet from my house but you know, it is within the parameters of where he is allowed
to build and I thought, well, this is a beautiful building and yeah for him and I had no
problem with it until they cranked up the dehumidifier, which is not that loud. I have to
tell you, it is not loud, it is not disrupting me. I can hear my television but I need to have
my TV on so I don't hear the dehumidifier and it goes 24 hours a day, 365 days a year. I
happen to live in the quietest spot on earth, I think, until now. I can't hear the birds, it is
so aggravating, I can't, we are actually, the house has been in the family for 62 years and
we are considering selling it. and I don't know what it is going to do to my market value
when someone pulls in the driveway and hears this thing constantly humming. Now my
neighbor, I said, she said to me, I hope my builders didn't bother you building it and I
said no, it is no problem, because they don't live here, of course. And I said it was no
problem, they were very considerate but I have got to tell you, I said that hum, you know,
is there anything you can do? Oh, is that bothering you? I said, well, yes. I hear it all
night, I wake up at 2:00 in the morning, I hear this thing cranking all the time. I talked to
the building department, everybody shrugs, what are you going to do? What am I going
to do? I am going to sell my house, I think.
Prevention and Control of Noise Pollution 13
October 5, 2010
COUNCILMAN KRUPSKI: You know, it is hard, you listen to all these noise problems
and it is really a difficult problem because everyone has a little different angle on it and
different problem.
MS. DUFFY: I just can't believe that the building department didn't know that I was
going to have a constant hum and it kicks on and off once every minute, so it kicks on
and when it kicks on, it kind of grinds a little, so you get that noise. Hums along for
about 20 seconds and then it clicks off. You hear the click and it clicks off, then it clicks
on again 35 seconds later. I have got to tell you, it is driving me crazy. And it is really
very unfair. I have been living there for 25 years myself, in a very quiet place. And now,
my neighbor who lives in Queens has an indoor pool. They are not even there. And this
has to go all the time. I don't know what to do about it. I have got to tell you.
COUNCILMAN TALBOT: I am not a big supporter of noise ordinances by any means.
My big thing is people should have common courtesy for their neighbors and you tell me
about that problem and there are ways for this guy to abate this thing. There is, you
know, people are spending big money on the south fork, I was at a house the other day
and they are spending $400,000 on noise abatement inside the house. Inside the house,
just to keep noise down from room to room. But they have a lot of different products
where they can wrap these things, put a fence around the thing. Wrap it with some
padding and it will send the noise up into the air and you won't hear it at all. But it
coming down to people having common courtesy for their neighbors. You know, a lot of
people might not like this but the biggest complaints we have are from our newest
residents out here and the biggest people they complain about are also the newest
residents out here. And that is a problem because when you come from Manhattan or
you come from Queens, you are not living in a park up there. But you are coming out
here and there is a little bit of noise or there is noise that has always been here and now
all of a sudden, everybody wants a noise ordinance. How about a little common courtesy
amongst your neighbors and go over and ask your neighbor to quiet some of these things
down? Well, it is a shame what this town is coming to because of these things. If people
would have a little common courtesy for their neighbors, it's a problem and mostly the
residents themselves, they could eliminate most of the ....
MS. DUFFY: Chris, you and I talked about this and I appreciate that. You told me to
talk to them about it but I haven't seen them. You know, he lives in Queens so he is
hardly ever here. So I now live with this humming dehumidifier.
COUNCILMAN TALBOT: It is a shame.
MS. DUFFY: But I just wanted to bring it to your attention, that this happens and maybe
the building department should, actually they sent me a copy of the building and all that,
you know, and I looked at it and I thought it was fine and I am sure they thought it was
fine. I don't think any of us knew that this was going to be here but I just wanted to bring
it to your attention.
Prevention and Control of Noise Pollution 14
October 5, 2010
COUNCILMAN KRUPSKI: That makes sense, to require someone to mitigate that type
of noise. It is going to be really obvious.
MS. DUFFY: I don't really expect them to do anything for me but I think everybody
should pay attention to this. If you are getting an indoor swimming pool next door to
you, it is not just the building that you are going to be looking at. There is more to it than
that. I never expected this.
COUNCILMAN ORLANDO: They should move the mechanicals away from your
house.
COUNCILMAN KRUPSKI: And the mitigation should be included in the project. It
shouldn't be an issue.
MS. DUFFY: I thought the mechanicals should be on the other side but that of course
where his house is.
COUNCILMAN ORLANDO: Hence the reason it is by your house.
MS. DUFFY: Thank you.
ROBERT SKOBLICKI: Robert Scoblicki from Southold. I have been a resident of
Southold since 2002. I became aware of the lack of a noise ordinance in July of 2006.
Them have been numerous parties at the same residence in my neighborhood where loud
music has disturbed the peace, oftentimes beginning after 11:00 pm and lasting until
sunrise. When the police were called, they responded, spoke to the owner. As soon as
the police left the residence, the music was cranked up louder. A second call to the PD
informed me that them was no ordinance in effect that could be enfomed. The passage of
the proposed noise ordinance would hopefully act as a deterrent to such conduct in a
residential neighborhood, as you said Councilman Talbot. It would help preserve the
peaceful environment and the quality of life that we initially invested in. I thank the
Board for your time and may I submit letters from my fellow neighbors.
SUPERVISOR RUSSELL: Please.
COUNCILMAN KRUPSKI: And that was the intent of some of this, to put hours on
amplified music. Because amplified music is one of the big problems that is easily
regulated, if you say a certain time. That would be it.
CHARLES PENN: My name is Charles Penn, I live in Peconic. I have been asked to
read this letter from Caroline and Steve Gmer, who couldn't be here tonight. We thank
the Board and the committee for working on the proposed noise ordinance which is so
important to the quality of life in Southold. The end result is not to prohibit commercial
venues from offering entertainment or to restrict family's and neighbors from enjoying
their outdoor space but to define appropriate noise impact in residential neighborhoods.
We urge Southold to adopt a noise ordinance but caution that we are looking for one to
Prevention and Control of Noise Pollution 15
October 5, 2010
be passed that will be effective, meaning one that is practical, definitive and enforceable.
Practical meaning the sound ordinance will allow for sounds of 'ambient daliness', be it
children running around and playing, cutting one's lawn or even the occasional party.
Yes, frequency matters. But disallow noise and especially over amplification on a
regular basis that disrupts residential 'ambient daliness'. Definitive meaning that it will
define a measurable environment impact level of sound on the books, quantifiable fi.om
one property line when noise or sound generated from the property of someone else alters
'ambient daliness' on your property. Please note that residential folks and commercial
operations will all be held to such a noise code. Enforceable meaning that local police
will be charged with being responsive to complains and that fixed penalties will be
assigned, not discretionary ones. Not open between x and x but the first fine is x, the
second fine a higher level of x etc., like speeding tickets. Southold is a beautiful mix of
beach and rural communities that are blessed to also have a thriving business community
of wineries, hotels, bed and breakfast inns, galleries, shops, restaurants, farm stands,
nurseries and other businesses that tempt visitors to enjoy them and which support the
economy. These amenities enhance life, offer employment so locals can choose to stay in
the township and entice new people to choose to invest in buying homes in Southold.
Please pass a sound ordinance that will allow one and all to enjoy their individual, family
or business lives without the corruption of noise pollution overpowering us, so we can all
enjoy life in this beautiful township. Caroline and Steve Greer.
SUPERVISOR RUSSELL: Thank you very much and I do want to say that that is a very
succinct telling of what we are dealing with here. Trying to balance the needs of business
and our thriving agricultural communities and everybody else with the need for
regulating intrusive noise. The problem is, what is intrusive and what is unreasonable.
And those are the standards that we are struggling with now. But it was very well read,
can I have that for our records? Thank you.
ROBIN IMANDT: Good evening, my name is Robin Imandt, I live in East Marion and I
live across the street from the Blue Dolphin. This is almost 10 years worth of
correspondence about the need for a noise ordinance in Southold Town. As was
mentioned before, we are the only town on Long Island that doesn't have one. As
Councilman Talbot mentioned, we should all be polite. Yes, we should but we are not.
So that is a moot point. Because it is not going to happen. Josh Horton didn't want to
touch the noise ordinance because of that, he said we should all work it out. Well, we
don't, when we complained about the Blue Dolphin we were harassed, we were
threatened, I mean, I am not going to go into all the nasty and horrible that the owners
said to people, including we will turn it into a crack house, section 8 housing, blah, blah,
blah. Whatever. It is time, it is time and it is not just all new people I might add. Plenty
of us, I am here 17 years, so I am a new person. I came here to enjoy the community
here, the quiet and the ruralness of it, I didn't come to move next to a discotheque. I
could have stayed in Manhattan where you have to turn the noise offat 10:00. So forget
that. I have a couple of questions. First of all, I want to know, what is re-noticing mean
and how long does it take?
Prevention and Control of Noise Pollution 16
October 5, 2010
SUPERVISOR RUSSELL: Re-noticing would be to republish and the heating and then
set the, re-notice the law with the changes. You have to put that out for public notice and
then hold another public hearing 30 days later. If we are going to make a substantial
change to the current code, then we would have to re-notice it as a new local law and
then, again, 30 days later set up for a public hearing. Just like we are going through
tonight to have the vote.
COUNCILMAN KRUPSKI: First we would have to have the code committee meeting
and discuss changes and then make those changes and then re-notice them. So it would
be more than 30 days.
MS. IMANDT: So what is the time period that you are talking about?
SUPERVISOR RUSSELL: I have made it clear that I wanted a noise ordinance passed
before the first of the year.
COUNCILMAN KRUPSKI: Sixty days.
SUPERVISOR RUSSELL: And we wanted to get something out to the public by the
beginning of October and we did. So I think we are very committed to getting this done
and I do want to mention the issue, since you brought it up, with regards to just new
people. I have been sitting in that Supervisor's chair for almost five years now and I have
received complaints, I have a WW II veteran who has lived out in East Marion probably
longer than, you know, he was probably here when the (inaudible) handed it to us, he has
been there so long. I also had a forum in Mattituck, one of my hamlet forums and one of
my chief advocates for a noise law was a former supervisor who had been here a long,
long time ago. Sat in my chair, so, I think there is a general sense that look, things have
changed a little bit. Mindsets have changed. There was a time when you could knock on
their door and get relief, different people invested in certain circumstances.
MS. IMANDT: Right. Okay, I have a question about the fines. A year ago you came
out with a draft noise ordinance and it was double what it is now. So can you explain the
reason for that?
SUPERVISOR RUSSELL: I think that was after the input from our prosecuting district
attorney who wanted the discretion of getting, the goal was compliance. The idea is the
first offense would hopefully make the problem go away. The second, third offense
would be elevated. But I do have to tell you that issue was raised to us in written format.
I think the Board understood that that is probably an area that needs to be revisited in
terms of, I can tell you from personal experience. Leaving it to the discretion of the
judges never amounts to the type of deterrents we want, particularly on first offenses. So
a point well made.
MS. IMANDT: Previously it said fine not exceeding $1,000.
SUPERVISOR RUSSELL: Right.
Prevention and Control of Noise Pollution 17
October 5, 2010
MS. IMANDT: So that still could have been $50 if somebody else set it.
SUPERVISOR RUSSELL: Right.
MS. IMANDT: And then a number of the noise ordinances talk about imprisonment. I
mean, if that is not a deterrent, I don't know what is. If somebody is going to pay $100
but while they are running their bar they are making thousands of dollars that night or
$1,000 let's say; that is pa~ of doing business. But if they are going to be hauled offto
jail for doing it, that is a different story. So to me, that is a real deterrent. So I would like
to emphasize that that should be considered. I think that is all I have to say. Thanks.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board?
BARBARA PFANZ: Hi, my name is Barbara Pfanz, I live in East Marion and have also
been working with Robin on this for a good decade almost now. Just in the very
beginning when Mr. Brady asked what is 65 decibels and what I am probably speaking at
or below 65 decibels right now. When your sleep is robbed from you, it doesn't take
much. So when you have a business going on near you that's, I mean my voice right now
probably doesn't sound very loud. If anybody tried to go to sleep right now with this
going on and probably with a (slapping hands) beat to it, it is, you know what? It may
not sound that loud to you right now, it is really loud. When your sleep is robbed from
you, it depletes your health and just because it is happening on a weekend doesn't mean
that the person that is, that is scores of households being affected don't work on a
weekend. That they don't have to be up early in the morning. Now they have had that
taken away fi.om them. I know we want to support business out here but we have to do it
in an even-handed fashion, where households and residents are able to do their business
as well. Just one business shouldn't be robbing them of their livelihood also. And it
does. It affects you emotionally and physically.
SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to address
the Town Board?
MICHAEL HERBERT: Hi, I am Michael Herbert, I live in Mattituck. Scott and I am
sure the Board is very well aware of the problems that I have shared over the course of
the past few years of the noise disturbances in town and I am just very grateful being here
and hearing the sentiment of other people speaking with problems separate and apart
from my own. But I realize, as Christopher said, it takes common courtesy to realize, just
to do the right thing by one another. And I very much appeal to that, so I am very much
in accord with the noise ordinance law and I hope it is adopted in a fair measure, just for
everybody to get along and I am just very grateful that it is finally happening. Thank
you.
SUPERVISOR RUSSELL: Thank you. Would anybody else?
· Prevention and Control of Noise Pollution 18
October 5, 2010
CHRIS BAIZ: Good evening again, Chris Baiz from Southold. And in part I want to
speak as a member of the Ag Advisory Committee and I am sure that the other members
of the committee will support me in that. A couple of things I simply want to bring up.
First of all with regard to this law in general, I notice that unlike some of the other noise
ordinances in other towns out here in the five east end towns, there is no noise abatement
opportunity should an enforcement officer come to a property and say you are hitting 80
decibels, let's tum it down. There is no opportunity in this structure for that for a
residential person or someone who is ever the source of the noise to abate that noise upon
request. Second of all, I noticed that the law as proposed is all encompassing to the entire
town, it doesn't distinguish between residential areas as opposed to, for the sake of a
better work, village center areas or what have you. And I notice that other town noise
ordinances in the other four east end towns do provide something of that order. The last
point I would like to speak about is under the exceptions paragraph that is proposed as it
relates to as the current proposal says, noise from agricultural equipment is excepted and
that I notice in the other east end town ordinances that for instance, in East Hampton they
say agricultural activities including but not limited to machinery operation and loading
and unloading of produce as an exception to the other strictures of this proposed noise
ordinance. In the case of Riverhead Town exceptions, the provisions of this chapter shall
not apply to agricultural operations. When it comes to the Town of Southampton, the
provision shall not apply to the use or occupancy of any lot or structure thereon and to
noise produced there by except the following: agriculture. Just the word agriculture not
agricultural machinery or agricultural equipment, excuse me. And I think that right now
as proposed with regard to the other east end towns, we are getting a little more
restrictive by saying that the only noise that is going to be exempted in agriculture is
equipment and we are talking about the whole operation here. Whatever it is as needs be.
And that is why we also talked about the distinction between residential areas and if you
will, non-residential areas or out on the back 40. And I might also add that the 5th east
end town, Shelter Island, has such a robust agricultural industry that it makes no mention
of agriculture in its exceptions. I am being a little bit satirical but anyway, and I sort of
share Mr. Talbot's view on noise ordinances in general. I came from a community of one
square mile but 6,200 people lived in and every morning I got up to get onto the 6:30
train to head into New York City and one day I had to stay at home to put a new furnace
in my house and the noise ordinance there said no two cycle engines until after 7:30 in
the moming. At 7:29.59 was the last second of peace and quiet that existed on that day
and I turned to my wife and I said, does this happen all the time? And she said every day.
Because of all the landscapers and everyone doing everybody's lawns and leaf blowing
and whatever else, so all I can think of is as we go forward, you can bet that your 7:00 am
to 7:00 pm hours are going to be full of noise just to make up for what can't be done
afterwards. And it is not just a couple of businesses who have abused their privileges of
being a part of the community, this is going to pertain to every single resident here. And
the noise that he or she can or can't make and how loud or how soft you have to make
that noise. Thanks very much. I just want to get these things in here about agriculture. It
is important that it just not be restricted to agricultural equipment, that we be a little
broader whether we talk about agriculture or agricultural operations but not be so
restrictive as to say only agricultural equipment. Thank you.
Prevention and Control of Noise Pollution
October 5, 2010
SUPERVISOR RUSSELL: Thank you, Chris.
Town Board? Robin?
19
Would anybody else like to address the
MS. IMANDT: Before you said something about measuring the sound, perhaps we
should measure it at the complainants' property line. I am dead set against that. I mean,
hearing the Blue Dolphin every Thursday, Friday, Saturday, you get sick of complaining
sometimes. You just want to close your ears and turn up the TV or whatever, so you
don't complain that day but that doesn't mean it is not aggravating. So I think it is very
important that it be at the property line, where the noise is happening. Not in the back 40
or whatever they were talking about. So I just wanted to really emphasize the fact that it
shouldn't be that Anne Murray who lives a mile away complains and they go over there
and it says, you know, 37 decibels but meanwhile where I am, it is loud, I just didn't
complain that day.
JAMES SPANOS: I am James Spanos and I am from East Marion. I am a little
disturbed that one of the East Marion residents wants to lock people up for noise
ordinance and it seems like the group is a little excessive in East Marion and they are
always going to want something to complain about. What is going to happen when they
don't have anything else to complain about? The Blue Dolphin is ....
SUPERVISOR RUSSELL: Can you address the Board, please?
MR. SPANOS: Yes, I am addressing the Board. The Blue Dolphin has shut down, this
group has continuously made complaints on other issues. When will the Board say, hey,
East Marion is not a gated community. When are we going to sit back and listen to the
whole north fork and what they want? The business hamlet, like you mentioned earlier,
the business hamlet should have some way of conducting business and if the decibel
levels have to be raised, then so be it. but you know, there are gated communities where
you can't hear anything and maybe some of the people that are retired and moved out
here, might want to look into them. But the businesses have to continue to run and the
youth have to have their businesses and make money and support their families. I mean,
a lot of this stuff on here is a little too much. Like the 7:00 pm. I haven't heard noise
ordinances that shut down at 7:00 pm, it is usually 9:00 or 10:00.
UNIDENTIFIED: Inaudible comments.
MR. SPANOS: Excuse me, we didn't, nobody disturbed you when you were talking. So
there is also other issues here, as far as the agricultural equipment, that is fine. The
contractors and the landscapers should be allowed to work and if somebody makes a
complaint, they have to understand, there are only so many hours in a day. And if they
have 80 lawns to do in one day, okay, they are going to start a little earlier and end a little
later. It is not the worst thing in the world if one time in the week somebody is mowing
the lawn next door to you. So there are lot of things we have to look into before we just
jump to conclusions. A lot of people aren't out here on a pension, they need to make
money out here. And if you keep driving the youth away, who is going to be mowing
these lawns? Who is going to be doing all these things? So we have to be a little more
Prevention and Control of Noise Pollution 20
October 5, 2010
considerate about the workforce and the businesses out here before we bend to 300
members in East Marion complaining about a few bad apples. And that is what I have to
say, thank you.
UNIDENTIFIED: I don't think I need this, the microphone. I am an East Marion
resident and I am out here on a pension, okay? That settles that out. And I don't like to
hear noises from Blue Dolphin. I don't like to hear a landscaper, I have got a guy across
the street, he cuts the grass three times a week. I don't know what he has to cut it three
days a week but he is out there all day cutting his lawn, right? Noise is a problem
because people, whether they are young, old, come from East Marion or are pensioners,
do not care about the other people's life. They are inconsiderate and they don't care and
that is why you have to make a noise ordinance because the people are inconsiderate, that
want to cut their grass at 9:00 because they are going somewhere tomorrow or they play
music because they want to make an extra buck, alfight? And I am an East Marion
resident and there are 300 people here. Thank you.
COUNCILMAN TALBOT: This isn't going to stop a guy from cutting his grass three
days a week because he can cut it from 7 to 7.
SUPERVISOR RUSSELL: let me just let this lady speak and then I will go to you right
after, okay?
LAURIE DIBARTOLO: My name is Laurie DiBartolo and I live about five doors down.
I am a professional musician, a piano teacher. Acoustic piano practiced is 60 to 75
decibels. So you can imagine that amplified rock music is a lot higher than that.
Actually, amplified rock music reads 120, so if you are going to limit the rock concerts
that are going on, that is going to affect a lot of people. And I think, although I am very
sympathetic with these people here who have been living with this problem for many
years in close range, I think them has to be some differentiation in the legislation with
regard to large areas like the wineries and a rock concert that goes on early in the day and
then after hours entertainment like disco music. And I have to agree, that boom, boom,
boom is very annoying, I don't like the bass sound either. I am a classical musician and I
like music that is a little lower. I actually found out that this town, which I have been
living in for 16 years doesn't have a noise ordinance, about three years ago when I called
the police because I was very disturbed, I live right on Main Street by an 18 year old or
maybe 20 year old with a Honda Civic with a kit on it. and I think this is becoming a
problem in our town with the young people making, purposely making their automobiles
loud. And so this particular driver kept going by and by and by, many, many times and
then he stopped at a local eatery and I said, oh, here is my chance. So I called Southold
police and the lady on the phone said, well, we don't have a sound ordinance in the Town
of Southold and I was like, what? I was really surprised. And so ironically, two weeks
later a musician friend of mine told me on Facebook that there was a noise ordinance
coming up in Southold Town. I have never been hem at the Board before and I was
interested to see how it goes down here, so I came out tonight, but anyway, I am
definitely in favor of noise control with noise. Which I consider leaf blowers, barking
dogs, kits on cars, Harley Davidsons and certain other things. I consider that noise.
Prevention and Control of Noise Pollution 21
October 5, 2010
Music however, if it is done fight, I don't consider it to be noise. But I know that is
semantics. So I would suggest that if we are going to have a noise ordinance that you
definitely review the decibel levels, I have a chart that was very easy to get on Wikipedia.
I just plugged in decibel levels and came out a reading that a lawnmower idling is 50 for
example and that is the limit you are talking about for 7:00 am to 7:00 pm. So I would
just respectfully request the Board to review the numbers and also to differentiate, like I
said, between residential areas where you have close neighbors which is I think the case
with the Dolphin place and then larger areas where decibels can fly more freely. Thank
you.
SUPERVISOR RUSSELL: Thank you.
ANNE HOPKINS: Anne Hopkins from Orient again. I wasn't going to speak, I
thoroughly support and think a noise ordinance is long overdue. I just wanted to say that
it is not just a small group of people in East Marion who want this. They are my friends
but in Orient we are lucky enough not to have Blue Dolphin and not to have a winery
with rock concerts but we do have, where we had one place, newcomers who were
renting their place out for parties. We have, I respectfully think that you shouldn't make
a distinction between a hamlet (inaudible). On Platt Road where live has farms, it is R80,
it is a farm across from me. I used to be farm in back but residential and of course, the
air guns that go off which we have to be accustomed to to keep the birds out of the corn,
they are a couple of miles away and some of the parties are way, there was a party this
summer on the causeway, now a one time party you don't complain about but when
somebody is renting their property to people having parties night after night and the
sound carries. So I just wanted to lend my support to my friends in East Marion and say
that they aren't a crazy bunch. When I first came out here, I was working very, very hard
and came out just for weekends. Now I, too, am living on my pension but I still want the
peace and quiet.
SUPERVISOR RUSSELL: Thank you.
JENNIFER CONWAY: Hi, Jennifer Conway from Southold. Very interesting listening
to everyone and very sympathetic to what has been happening out in East Marion and I
also went through not being able to sleep with barking dogs issue and thank god for the
barking dog ordinance because it came to help me out at the time. I am married into a
family that has lived in Southold for a long time. Potato farmers and my husband's
thinking is very old school. I live on a farm with potatoes ail around. Old school farmers
so we can't always say it is the new people. Irrigation pumps right on the comer of my
property because I have the last two acres of building rights and I am surrounded on three
sides with potatoes and for, oh, I don't know, probably five years, I had to listen to this
irrigation pump come on at 5:00 in the morning. And it was like a Harley Davidson in
your backyard. So I said to my husband, is there anything and he is like, this is the way it
is. We built our house on a farm, got to deal with it. Because once again, comes from
potato farmers. Until I found out that there wasn't a muffler on the end of this pipe and
when I pointed this out to my husband and I said you mean for five years I have been
listening to this pipe and there could have been a muffler on it all this time? So again,
Prevention and Control of Noise Pollution 22
October 5, 2010
consideration. Consideration. That farmer and I had complaints for that farmer about the
noise and never once did he say oh, maybe I should put a muffler on that. So it is not
just, you know, we have to not isolate and say that it is just new people because rudeness
crosses ail over humanity.
COUNCILMAN TALBOT: That irrigation pump would also be exempt in this law.
MS. CONWAY: Oh, I understand that. And you know what? You know what? And
just like anything else, now there is a muffler on it, I have been living there almost 10
years, that thing goes off I hear it for three seconds, I go back to sleep. You get used to
it.
COUNCILMAN TALBOT: It is like the train going by.
MS. CONWAY: It is like the train going by, absolutely. So I just wanted to make that
comment. When I heard you mention about, you know, about newcomers, I don't know
that that is necessarily fair. Like I said, rudeness and inconsideration ....
COUNCILMAN TALBOT: Well, I guess, you know, I made that comment because I
have just been sitting here on the Board for nine months and for the complaints that I
have heard is that is where they have come from. That is a fact, that is not my
assumption. That is just fact.
MS. CONWAY: No, no. I understand. And when you see the same thing happening all
the time, just like anything else, you just, unfortunately that becomes the mindset. But
my question is, and again, very sympathetic to having to live next to a place having music
going ail the time but what about when my daughter tums 16 in three years? Do I get and
I have got a beautiful, open two acres of property, I would like to have a DJ and some, is
there going to be a way that you can put in a permit just for one day or one night or
anything like that?
SUPERVISOR RUSSELL: I think unique parties in a residential setting is a very fair,
vaiid point to bring up and that is something that we certainly need to discuss as a Board.
MS. CONWAY: Yeah. You need a permit to have a yard sale, so you have to come
down and stuff. I mean, I am thinking aiong the same lines.
SUPERVISOR RUSSELL: I think that is a very fair point of view and I think that these
unique circumstances, you know, you want people to celebrate their milestones in life.
MS. CONWAY: Right.
SUPERVISOR RUSSELL: I apologize to you for having a daughter so close to the age
of 16, mine is 9, so I have got a little bit more time to grieve, however, you are right.
those are some of the aspects. We didn't mean to make Southold this absolutely quiet
community that people aren't going to be inconvenienced by noise. This is a living,
Prevention and Control of Noise Pollution 23
October 5, 2010
breathing community and noise is going to be an inconvenience from time to time. And
that is one of the aspects that we need to possibly look at.
MS. CONWAY: And I think a noise ordinance is necessary but it is unfortunate that it is
coming out by, because it sounds like a bunch of isolated groups, but it is ail similar.
You are talking about construction going on. Let me tell you about consideration. If he
knows that them are neighbors nearby on a house that he is working on, he will not go
there before 7:00, 8:00 in the moming because he is a considerate human being. He says
he is not going to be swinging a hammer that early. So them is, you know, and he will
find something else to do to make money between 6:00 and 8:00 in the morning.
Because there is when you have your own business. But I just, be cautious about how
and I am assuming there are very much more educated people who have looked into this
more than me but when you start making very dark lines in the sand and then you have
issues like Sweet 16's and other isolated things and you know, it is just, you know, there
is a lot of gray in there.
SUPERVISOR RUSSELL: Very fair point.
COUNCILMAN ORLANDO: Well, Bill told us he didn't want to pay for the DJ past
7:00.
MS. CONWAY: My brother-in-law is a DJ, I get it for free.
SUPERVISOR RUSSELL: Very fair point. Linda?
L1NDA GOLDSMITH: Hi, good evening. My name is Linda Goldsmith, I am also from
East Marion, I am not a newcomer. Well, maybe I am. I lived in Orient for 30 years and
I have been in East Marion for 30 years, so perhaps I am a newcomer. I do just want to
say that there were many, many times we attempted to meet with the owners of the Blue
Dolphin. We called meetings, we asked them to come. They came with tape recorders
and their attorneys. So there wasn't much, I was probably one of the biggest mouths
asking for a noise ordinance in the last seven or eight years. I do want to say that
however, I work until 6:00 and I have a house in Orient now I must take care of and by
stopping me mowing that two acre lawn by 7:00 means I am going to have to go down
two or three nights to mow that two acres. So between 6:00 and 7:00, I can't do it in an
hour. I am good but I am not that good. So I will probably be one of the first ones you
are going to be fining. Because there reaily is not much I can do. And my day off is
Sunday.
COUNCILMAN KRUPSKI: Well, that is one of the problems with the code, the draft
was written here. It doesn't address or it is going to rain the next day so you have to
finish it that night.
MS. GOLDSMITH: Well, that is the other thing, I think about construction. My
husband is in construction, hopefully he will be out in a few months, done. Doesn't have
a pension but he will be out, I hope. You know, sometimes you have an occasion where
Prevention and Control of Noise Pollution 24
October 5, 2010
you rip somebody's roof off and say, I will do it in two days and all of a sudden the
weather report comes and says, guess what folks? It is raining tomorrow morning. So
you are going to stay there until 10:00 or 11:00 and finish putting that roof on, you bet
you are. Fine or no fine. And when Mr. Talbot talks about trying to be considerate, these
are the kinds of things that you have to be considerate about. You know, I think but
perhaps I am wrong. You know, or once in a while my dog will bark too but I will put
them in the house immediately. I don't understand you know, why we are, I am talking
about Barbara and Robin, myself and Anne, we were so unsuccessful with the Blue
Dolphin. We tried so hard for so many years to speak with them, to have meetings. I
mean, I don't understand why we were so unsuccessful. And it truly, I lived on, I grew
up on a farm and I had the irrigation pump outside my window and my father wasn't
putting a muffler on for me, let me tell you. Too bad, you know? As a matter of fact, I
had to go out and turn it on at 5:00 in the morning. That was my job. And I did live on a
farm. I lived on a huge farm. I had tractors in my ears all the time but you know, not only
do the people who are making the noise have to be considerate but people have to
understand that there are sometimes unavoidable times where there is going to be some
noise after 7:00 and you know, you have to understand the reasoning for it.
SUPERVISOR RUSSELL: That is a very fair point, Linda. Thank you. Let me just
clarify something since it was referenced so many times, the Blue Dolphin. That wasn't
shut down, it closed. We didn't shut it down, the community of East Marion didn't shut
it down. Perhaps a bad business model, I don't know. But that was not shut down in a
sense that it was an authority that shut the place down.
TOM MCGUIRE: Tom McGuire from Cutchogue. I just would like to know if the
helicopter noise will fall under this ordinance?
SUPERVISOR RUSSELL: We don't have the authority under federal law.
ANNE MURRAY: Anne Murray again with a question. This has been noticed for a
while. Can I just ask how many comments you got from the business community? Was
there any other correspondence besides the Wine Council?
SUPERVISOR RUSSELL:
business community at all.
addressed us. No.
I have to say, generally not. I haven't heard from the
Honestly, but for the Wine Council, no, no chamber has
MS. MURRAY: Okay, so I guess my question to the Board is do you plan to go further
with this this evening? Please let us know, it is getting late. Do we have to come back
another night?
SUPERVISOR RUSSELL: I don't, look, even to address some of the concerns you have
raised which is the fines. We would need to re-notice this and I think that the Board is
going to have to sit down and again, try to accommodate, this was the public discussion
that we were looking for to get this thing finally crafted. It might wait a little longer but I
Prevention and Control of Noise Pollution 25
October 5, 2010
assure you, it became a priority of this Town Board, it is not going to languish like dark
skies.
MS. MURRAY: Thank you.
FREDDIE WACHSBERGER: Hi, Freddie Wachsberger, Orient. I wasn't going to say
anything tonight but just listening to a lot of things, something occurred to me and that is
the difference between essential noise and optional noise. And we live in an incredibly
noisy world right now and a lot of it has to do with acoustical music. And what the kids
listen to and what you hear in the cars and fanning noise is not optional. I mean, it is just
the way the things work. (Inaudible) with musical entertainment or even private parties,
kids are used to having blasting but that is really optional, I think it is really important,
the most important thing I think in this legislation is the acoustical, the amplified noise.
SUPERVISOR RUSSELL: Thank you, Freddie.
MR. SPANOS: I was wondeting if the complainant was making this complaint for this
noise, are they going to be able to make the complaints anonymously? Or is it a police
report where they have to put their John Hancock on it? Because anonymous, if you are
going to, are you going to protect the people for anonymous complaints with this noise
ordinance?
SUPERVISOR RUSSELL: How the police department responds to these will be at the
discretion of the police chief. It is an issue that will go to the dispatcher and it will be up
to the police chief and the captain as to what the disposition and how these get handled.
MR. SPANOS: It should be a neighbor, tight? Because somebody can have a beef with
a restaurant up the road and maybe just sit in front of the place and start making calls
about ....
SUPERVISOR RUSSELL: That is actually a scenario that we talked about and we don't
want to use, we don't want to create a noise code that is an axe grinding tool. We heard
that, we understand that and those are some of the things we are going to hone with
regard to noise meters and where the locations are being taken and whether it is from the
complainant's property, I understand that.
MR. SPANOS: Has anybody considered raising the decibels, especially in the business
hamlet, on the noise ordinance. Because it seems a little low.
SUPERVISOR RUSSELL: That is what the police chief had told us, so we are certainly
discussing that. We have the Wikipedia information, we understand where we are at
tight now and we have to have a discussion on where we are going to settle in.
MR. SPANOS: Alright. Thanks.
Prevention and Control of Noise Pollution 26
October 5, 2010
KATHY WESCHLER: Hi, Kathy Weschler from Southold. I have a little bit of a
different question about this whole thing. My problem is with, I want to know if, from
reading between the lines it kind of feels like maybe my whole family is going to end up
in prison over the noise ordinance. The sound of my children laughing, playing and
shouting is definitely over 65 decibels. I have a rooster. My rooster, he, well, I asked the
police because if they wanted to shoot him. They chose not to. They come to my house
at 4:30 in the morning scaring the bejesus out of me, even though we have no noise
ordinance. I share my eggs for free with my neighbors. My chickens clean up, they are
kept enclosed, they bother nobody but they clean up the ticks in my yard and I don't have
to worry about having deer fencing. I live behind a working farm but I can't stop my
rooster from crowing at dawn. Is he agricultural?
SUPERVISOR RUSSELL: Kathy, read the exceptions. But there is no provision in this
that addresses animal noise. Barking dogs is the only current code that we have. But
those...
MS. WESCHLER: But I noticed that it wasn't mentioned or not mentioned so I didn't
know if he, is he agricultural, is he not agricultural? Where does he fall? And are they
going to come, I told them they could take him into custody if they wanted to. Finally,
there were kind enough to check with a supervisor and stop coming out to check on my
crowing rooster, who was never crowing when the police came anyway. I just want to
make sure that this whole thing doesn't get so silly, you know I have had tons of
neighbors with tons of loud parties and ! think, what a jerk, you are so annoying and the
next day it is over.
SUPERVISOR RUSSELL: Well, we understand that. You know, we certainly
understand.
MS. WESCHLER: Thank you.
SUPERVISOR RUSSELL: Thank you, Kathy. Would anybody else like to address the
Town Board?
RICK WOOD: Rick Wood from Greenport. Just as a question, do you have any decibel
meters now?
SUPERVISOR RUSSELL: The Town does not have any. They are in part of my budget
that I submitted to this Board September 30th, that would include the purchase of meters.
I also have, the Mayor of the Village of Greenport has offered the one they own to us and
MR. WOOD: Because I am just wondering, 65 decibel, I know when I read it, it is a
normal conversation three feet away. It seems low. Like not only are you getting rid of
the music in the club, you would have to get rid of the club. But have we done any
testing with that, like when there is a noise complaint from someplace, just for standard
reference point. Inaudible.
Prevention and Control of Noise Pollution 27
October 5, 2010
SUPERVISOR RUSSELL: We talked about that at the Town Board level, we have not
done that yet but we have talked about that at the Town Board level.
MR. WOOD: That would be my only conjecture. Thank you.
SUPERVISOR RUSSELL: Thank you.
MS. IMANDT: I would just like to suggest that at the next hearing that we have a
demonstration of the noise, what is 65, so we don't have to guess, we don't have to think,
it is just conversation.
SUPERVISOR RUSSELL: Okay.
MS. IMANDT: I think it would just clear it up.
SUPERVISOR RUSSELL: Thank you, Robin.
COUNCILMAN ORLANDO: That is a good recommendation.
SUPERVISOR RUSSELL: That is a good recommendation. Would anybody else like to
address the Town Board? If there is no more comments on the noise, then we can get to
the general, can I get a motion to recess? Okay, a motion to close.
This hearing was closed at 10:30 PM
Southold Town Clerk
Neville, Elizabeth
From:
Sent:
To:
Subject:
Hydell, Carol
Tuesday, October 19, 2010 10:17 AM
'Al Krupski'; Beltz, Phillip; Judge Evans; Neville, Elizabeth; Orlando, Vincent; Russell, Scott;
Talbot, Christopher; William Ruland; Woodhull, Ruthanne; Andaloro, Jennifer; Finnegan,
Martin; Krauza, Lynne
FW: please forward to board
..... Original Message .....
From: Lori Hollander [mailto:lorihollander@earthlink.net]
Sent: Tuesday, October 19, 2010 9:59 AM
To: Hydell, Carol
Subject: please foward to board
Hi Scott,
Once again, thank you so much for making this possible. I am enclosing my letter from this
,~weeks Suffolk Times, but would like to add some other points that are important, but would
have made my letter to long.
Someone made a comment that perhaps the meter reading should be taken from the person's
house that is making the complaint. As you saw from the response at the meeting, most of
us feel this would be a bad idea. Especially, those of us who live near places like the
Portly Grape and the former Blue Dolphin. This would make the db level arbitrary and
unenforceable. It also does not account for the people who live right near the offender's
property but for whatever reason do not feel comfortable calling the police. We have
several such households bordering the Portly Grape. If the db level were taken from a
house down the road, they would have to endure a db level higher than the law allows.
Someone also brought up the possibility of someone having a grudge against an
establishment and calling in a complaint even though they didn't live near the source of
the noise. It seems clear to everyone I've spoken to, that if the establishment is within
the law, they have nothing to worry about. If their breaking the law, it doesn't matter
who calls in the complaint.
Thanks again for all your efforts,
Lori Hollander
II,
FYI
Elizabeth A. Neville, RMC, CMC, MMC
Southold Town Clerk
PO Box 1179
Southold, NY 11971
Tel 631 765-1800
Fax 631 765-6145
RECEIVED
OCT 18 2010
oulh014 Town Clerk
Frem: Greene, Carole [maili:o:cgreene@newmarkkf.com]
~ent: Monday, October 18, 2010 5:26 PM
To: Russell, Scott; Orlando, Vincent; billrulandfarm@yahoo.com; Christopher 1'4. Talbot - Forward;
albertkrupskitown@yahoo.com; Ipevans@fishersisland.net; Neville, Elizabeth
Subject: Redraft of Noise Ordinance Proposal
Dear Southold Town Board,
With good reason the proposed Noise Ordinance presented at the Town Hall Meeting on October 5th was
sent back to committee for a rewrite with the intent to make it clearer, firmer and less subject to individual
judgment. Unfortunately I was unable to be present at the meeting and therefore I am e-mailing my
concerns to you.
During the summer months my husband and I live at 42 Sound Round and for the first time ever we have
heard sounds being emitted from the restaurant venue down the road, The Portly Grape.
Below are my primary concerns which I trust you will consider carefully on your redraft.
Noise Ordinance Proposal 200-6 Standards This clause refers to where the measurement will be taken
to determine if the airborne or amplified sound is in excess of 65 dBA from 7am to 7pm. The place of
measurement must be a straightforward procedure in every instance. It must be measured at the lot
line of the property closest to the source of airborne or amplified sound. The wording referring to taking
measurements "or beyond any lot line of the offending property" must be deleted. If the offending
property is 8 acres taking a reading from the lot line furthest away from the source is of no use. If the
sound measurement is above 65 dBA ATTHE LOT LINE CLOSEST TO THE AIRBORNE OR AMPLIFIED
SOUND, the offender must be fined.
This brings me to Penalties for offenses 200-9A. As proposed, the punishable fine/s are ridiculously Iow
and arbitrary at not to exceed $500. Low penalties will just become part of the operating business
expenses. Fines must be set in advance. Offenders pay at least $:1000 for the first offense, $2000 second
offense, $3000 third offense. After a third offense in :18 months the fine needs to be $10,000. Unless this
new law has teeth and substance, it is worthless, useless and a waste of time for enforcement by the
Southold Police Department and Southold Code Enforcement.
Respectfully submitted,
Carole Greene Mavity
917-699-0025 cell
Carole Greene
Director
Newmark Knight Frank Retail
110 East 42nd Street
New York, NY 10017
c.qreene~,newmarkkf.com
T 212.372.2459
F 212.372.2485
t_ - Knight Frank retail
Save ~ free - '1 hink Before Yo~ Prif~l Sustainably Newmark Knight Frank.
ERIK ENGQUIST
44 Eighth Avenue, Apt. 4
Brooklyn, New York 11217-3915
September24,2010
Elizabeth Neville
Town Clerk
Town Hall
P.O. Box 1179
Southold, NY 11971
To the Town Board members and all municipal officials of Southold Town:
I write to thank you for proposing a town noise ordinance and to enthusiastically encourage
you to adopt k.
My wife and I purchased a 100-year-old farmhouse on Main Road in East Marion as a
weekend and summer residence in 2007 and have come to treasure the idyllic, rural nature
of the area. However, this serene atmosphere is occasionally interrupted for extended
periods by loud music and booming bass emanating from a property several hundred yams
away on G'fllette Road. Generally this continues unabated for an entire weekend.
We have no doubt that such amplified sound would violate the proposed noise ordinance.
Currently, there are no legal means to compel the noisemakers who we surmise have
rented the house to party for the weekend to turn down the sound. My immediate
neighbor to the west tells me that several years ago a bar on Main Road (since closed) caused
a similar noise problem and did not respond to complaints. This ordinance will ensure that
nothing of this sort happens again in East Marion or anywhere else in Southold Town.
My wife, children and I very much look forward to your enactment of this necessary
Sincerely,
Erik Engquist
Southold Town Board - Letter Board Meeting of October 5, 2010
RESOLUTION 2010-819
WITHDRAWN
Item # 5.46
DOC ID: 6271
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-819 WAS
WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON OCTOBER 5, 2010:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 7th day of September, 2010, a Local Law entitled "A Local Law in
relation to the Prevention and Control of Noise Pollution in the Town of Southold"
and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in
the Town of Southold" which reads as follows:
LOCAL LAW NO. of 2010
A Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise
Pollution in the Town of Southold".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows:
§200-1, Title. This law shall be known as the "Prevention and Control of Noise Pollution Law
of Southold Town."
§200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a
respite from the noise and turmoil which has become an integral part of life in the city and
suburbs and which has even encroached into many resort areas on the East End. Crafting of
regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural,
almost nostalgic way of life while providing an atmosphere for businesses to flourish. The
existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has
become an increasingly, significant problem during recent years. Such noise pollution which is
prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare,
comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of
Southold. It is the public policy and findings of the Town Board that every person is entitled to
Generated October 8, 2010 Page 62
Southold Town Board - Letter Board Meeting of October 5, 2010 "
noise levels that are not detrimental to life, health and the enjoyment of his or her property. The
provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings
and for the purpose of protecting and promoting the public health, comfort, convenience, peace,
safety, welfare and prosperity of the Town of Southold and its inhabitants.
§200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal
Home Rule Law to promote the public health, safety and general welfare of Town citizens
through regulations intended to govern noise pollution within the entire Town.
§200-4. Definitions. As used in this Chapter, the following terms shall have their meanings
indicated.
AIRBORNE SOUND - Sound that reached the point of interest by propagation through the air.
AMPLIFIED SOUND - Sound which has its volume increased by electronic means.
CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity
or non-profit organization.
COMMERCIAL SERVICE EQUIPMENT - All engine-powered or motor-powered equipment
intended for infrequent service work in inhabited areas, typically requiring commercial or skilled
operators. Examples ofcommereial service equipment are chain saws, log chippers, paving
rollers, etc.
CONSTRUCTION DEVICE - Any powered device or equipment designed and intended for use
in construction. Examples of construction devices are air compressors, bulldozers, backhoes,
trucks, shovels, derricks and cranes.
dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose sound-level
meter complying with the provisions of the American National Standards Institute specifications
for sound-level meters, properly calibrated and operated on the A-weighing network.
DECIBEL ("dB") - The unit for measuring the volume of a sound based upon the pressure level
of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be
used to assure a consistent and standard reference for measuring sound.
HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine-powered or
motor-powered garden or maintenance tools intended for repetitive use in residential areas,
typically capable of being used by a homeowner. Examples of homeowner's light residential
outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc.
NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or
B. Is otherwise injurious, or tends to be, on the basis of current information injurious to
the public health or welfare; or
C. Disturbs a reasonabl~ person of normal sensitivities;
Generated October 8, 2010 Page 63
Southold Town Board - Letter Board Meeting of October 5,2010
D. Exceeds standards or restrictions established herein; or
E. Interferes with the comfortable enjoyment of life and property or the conduct of
business. The following are deemed to interfere with the comfortable enjoyment of
life and property or the conduct of business:
1. Yelling or shouting at any time that disturbs the quiet, comfort or repose of
person or persons residing or occupying an adjacent or neighboring property.
2. The using of, operating of or permitting to be played, used or operated,
any radio, receiving set, musical instrument, phonograph, television set
or other machine or device for the producing or reproducing of airborne
or amplified sound in such a manner as to disturb the peace, quiet and
comfort of the person or persons residing or occupying an adjacent or
neighboring property.
PERSON - An individual, association, firm, syndicate, company, trust, corporation, department,
bureau or agency or any other entity recognized by law as the subject of rights and duties
SOUND-LEVEL METER - An instrument for the measurement of noise and sound levels
including a microphone, amplifier, an output meter and frequency weighting networks which
comply with standards established by the American National Standards Institute (ANSI)
specifications for sound-level meters.
§ 200-5. General prohibition. No person or persons owning leasing or controlling the operation
of any source of noise on any lot or structure within the Town shall permit the establishment ora
condition of noise pollution. Except as provided in {}200-6, the use of amplifiers, speaker or
other machines or devices capable of reproducing amplified or airborne sound from the premises,
dwelling or building within the Town shall be considered noise pollution and shall be prohibited
at all times.
§ 200-6. Standards. No person shall create or cause to be emitted any noise pollution which
when measured at or beyond any lot line of the property on which such noise pollution is being
generated, exceeds the following standards:
A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in
excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in
excess of 50 dBA.
B. Friday and Saturday: (i) from 7:00 a.m. to 10:00 p.m. airborne or amplified sound in
excess of 65 dBA; and (ii) from 10:00 p.m. to 7:00 a.m. airborne or amplified sound in
excess of 50 dBA.
§ 200-7. Exceptions.
The provisions of {}200-5 and {}200-6 shall not apply to the following:
1. The intermittent or occasional use between 7:00 a.m. through 7:00 p.m. of
homeowner's light residential outdoor equipment with mufflers or commercial
service equipment, provided that such activities and such equipment and their use
comply with the other provisions hereof.
2. Construction activities between 7:00 a.m. through 7:00 p.m. and the associated
Generated October 8, 2010 Page 64
Southold Town Board - Letter Board Meeting of October 5, 2010
10.
11.
12.
13.
14.
15.
use of construction devices or the noise produced thereby, provided that such
activities and such equipment and their use comply with the other provisions
hereof.
Noise from agricultural equipment.
Noise from church bells or chimes used.
Noise from snowblowers, snowthrowers and snowplows when operated with a
muffler for the purpose of snow removal.
Non-amplified noise generated from lawful athletic or recreational activities,
events, or facilities.
Non-amplified noise-organized activities sponsored by any school district, private
school or fire district or department within the Town of Southold.
Noise from municipally sponsored celebrations or events.
Noise from lawful fireworks displays, parades, and other charitable and special
events held in accordance with all pertinent provisions of the Southold Town
Code.
Noncommercial public speaking or public assembly activities conducted on any
public space or public right-of-way.
Emergency construction or repair work.
Noise from the activities of any fire department, ambulance squad or similar
emergency or rescue organization in carrying out their official duties.
Noncommercial amplified sound that does not exceed the noise standard
established in §200-6 of this chapter.
Emergency stationary and mobile signal devices.
Audible exterior burglar alarms in operation for 15 minutes or less.
§ 200 - 8. Enforcement. The provisions of this chapter shall be administered and enforced by
the Southold Town Police Department and the Southold Town Office of Code Enforcement.
§ 200-
A.
9. Penalties for offenses.
Any person who shall violate the provisions of this chapter shall be guilty ora violation
punishable by a fine not exceeding $500; and upon conviction of a third or subsequent
offense within 18 months, punishable by a fine not exceeding $5,000. If such violation is
of a continuing nature, each one hour period of violation of any provision of this chapter
shall constitute an additional, separate and distinct offense,
In addition to any other remedy provided by law, the Town may bring an injunction
proceeding to enforce this chapter.
II. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
III. EFFECTIVE DATE
Generated October 8, 2010 Page 65
Southold Town Board - Letter Board Meeting of October 5, 2010
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A., Neville
Southold Town Clerk
RESULT: NO ACTION
Generated October 8, 2010 Page 66
Southold Town Board - Letter Board Meeting of October 5, 2010
RESOLUTION 2010-816
ADOPTED
Item # 5.43
DOC ID: 6274
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-816 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 5, 2010:
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "._AA
Local Law in relation to the Prevention and Control of Noise Pollution in the Town of
Southold" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6
NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself
as lead agency for the uncoordinated review of this action and issues a Negative Declaration for
the action, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance
with the recommendation of Mark Terry dated October 4, 2010, and is consistent with the LWRP
pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency
Review, in accordance with the recommendation of the LWRP Coordinator, Mark Terry, dated
October 4, 2010.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIblOUS]
IqOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, .~ustice
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Generated October 8, 2010 Page 57
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 14, 2010
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on
the proposed Local Laws listed below on October 5~ 2010:
7:36pm: Local Law in relation to Chapter 280 Zoning, Deer Fences
7:38pm: Local Law in relation to new Chapter 280, Prevention and Control of Noise Pollution
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Elizabeth A. Neville
Southold Town Clerk
Attachments
cc: SmT6[-k'--~'~y Dept of Planning
(~nport
Email: Ta~.~,~.~l~,~d b~'
Town of Southampton
,,t/~l~d Planning Dept~"
~athold Assessors ~
Long Is!land State-Park Commission
T,~Shelter IslandI''~
Southold Building Dept
~ Trusteesl~'~
Signature, Received by
Date
Please print name Title
Page 1 of 1
Cooper, Linda
From: Cooper, Linda
Sent: Tuesday, September 14, 2010 4:03 PM
To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Glew, Claire; Lanza,
Heather; Randolph, Linda; Scott, Robert; Standish, Lauren; Toth, Vicki; Verity, Mike; Riverhead
Town Clerk; Shelter Island Town Clerk; Southampton Town clerk
Subject: PH Notice for 10/5/10 TB mtg
Attachments: PH Notice_20100914145608.pdf
Please send back signed notice either regular mail or via email.
Thank you
9/14/2010
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
~ Fax (631) 765-6145
T?~ephone (631) 765-1800
southo]d~owh.northfor k.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 14, 2010
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the
proposed Local Laws listed below on October 5, 2010:
7:36pm: Local Law in relation to Chapter 280 Zoning, Deer Fences
~m: Local Law in relation to new Chapter 280, Prevention and Control of Noise Pollution
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Elizabeth A. Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning
Village of Greenport
Long Island State Park Commission
Email: Town of Riverhead
Town of Southampton
Southold Planning Dept
Southold Assessors
Please print name
Town of Shelter Island
Southold Building Dept
Southold Trustees
Date
Title
RECEIVED
2010
Southol{I Town Clerk
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 14, 2010
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on
the proposed Local Laws listed below on October 5, 2010:
~m: Local Law in relation to Chapter 280 Zoning, Deer Fences
7:38pm: Local Law in relation to new Chapter 280, Prevention and Control of Noise Pollution
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Attachments
cc: Suffolk County Dept of Planning
Village of Greenport~/
Elizabeth A. Neville
Southold Town Clerk
Long Island State Park Commission
Town of Riverhead
Town of Southampton
Southold Planning Dept
Southold Assessors
[ture, Recei',J~7~ y
Town of Shelter Island
Southold Building Dept
Southold Trustees
se print name
RECEIVED
2010
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VlTAL STATISTICS
MARRLAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 MoAn Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 14, 2010
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the
proposed Local Laws listed below on October 5, 2010:
7:36pm: Local Law in relation to Chapter'280 Zoning, Deer Fences
)m: Local Law in relation to new Chapter 280, Prevention and Control of Noise Pollution
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Elizabeth A. Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning
Village of Greenport
Email: Town of Riverhead
Town of Southampton
Southold Planning Dept
Southold Assessors
~igh~fu~e~' b, ecei~'~-d by
Long Island State Park Commission
Town of Shelter Island
Southold Building Dept
Southold Trustees
September 15, 2010
Date
Linda Randolph
Secretarlal Assistant - Planning
Please print name Title
ELT~.~BETH A. NEV~.L~.~ RMC, CMC
TOWN CL~.RK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MAHAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765~6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 14, 2010
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the
proposed Local Laws listed below on October 5, 2010:
Local Law in relation to Chapter 280 Zoning, Deer Fences
)m: Local Law in relation to new Chapter 280, Prevention and Control of Noise Pollution
Please sign thc duplicate of this letter and return to mc at your earliest convenience in the self-addressed
envelope. Thank you.
Elizabeth A. Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning
Village of C_r~'enport
Emaih Town of Riverhead
Town of Southampton
Southold Planning Dept
Please print name
Long Island State Park Commission
Town of Shelter Island
Southold Building Dept
Southold Trustees
Title
OP'FICE el? Tile TOWN £',I,ERK
]'OWN (.)F S( )U'I'I [OLD
P[ ['i.,\Sl 1 ,-\KI5 N(.) 11CJi that thc Town bomcl i.)l'the [own o£Soulhold wll hold P[
?~oposcci ;.oc~ i Ia~s listed below ()la October 5, 2010:
m~: l,ocal La~ in rclatnm to Chapter 28(I Zoning, l)ecr Il'trices
7:38pm: I.ocal l.:t~ in relalinn tnacw Chapter 280, Prevention IlndControlofNoiscl'olluli~m
Elizabeth A N~villc
Southold lown Clerk
Lt0ng Ishtnd Slake Park
I,)~xn o/N. ivcrhcad
qo,~th;fld l)lal:nin? ])cpI
'lown of Shelter Island
Southold Building Dept
$outhold I rustees
~ate
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
~outholdtown.north fork.net
OFFICE OF THE TOWN CLERI~ ~. I.. ~ -
TOWN OF SOUTHOLD i :
September 14, 2010 ~ · '-
PLEASE TAKE NOTICE that the Town BOard of the Town of Southold will ~old ~BLIC HEARINGS on the
proposed Local Laws listed below; on October 5, 2010: _ ........ ~ .i :.~ i .
Local Law in relation to Chapter 280 Zoning, Deer Fences
7:38pm.: Local Law in relation to new Chapter 280, Prevention and Control of Noise Pollution
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Elizabeth A. Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning
Village of Oreenport
Emaih Town of Riverhead
Town of Southampton
Southold Planning Dept
Southold Assessors
Long Island State Park Commission
Town of Shelter Island
Southold Building Dept
Southold Trustees
Slgn/a~ure, Received by '
Date
Please print name
Title
RECEIVED
8EP;-1'5 010
Page I of l
Cooper, Linda
From: Toth, Vicki
Sent: Wednesday, September 15, 2010 8:14 AM
To: Cooper, Linda
Subject: RE: PH Notice for 10/5/10 TB mtg
Hi Linda -
I am acknowledging receipt of the attached PH Notice, I forwarded it to all the Zoning Board members
RECEIVED
8EP 15 2010
Southold Town
Vicki Toth
From: Cooper, Linda
Sent: Tuesday, September 14, 2010 4:03 PM
To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Glew, Claire; Lanza,
Heather; Randolph, Linda; Scott, Robert; Standish, Lauren; Toth, Vicki; VeriLy, Mike; Riverhead Town
Clerk; Shelter Island Town Clerk; Southampton Town clerk
Subject: PH Notice for 10/5/10 TB mtg
Please send back signed notice either regular mail or via email.
Thank you
9/15/2010
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 14, 2010
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on
the proposed Local [Jaws listed below on October 5, 2010:
7:36pm: Local Law in relation to Chapter 280 Zoning, Deer Fences
7:38pm: Local Law in relation to new Chapter 280, Prevention and Control of Noise Pollution
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Attachments
cc: Suffolk County Dept of Planning
Village of Greenport
Elizabeth A. Neville
Southold Town Clerk
Long Island State park Commissione/
Email: Town of Riverhead
Town of Southampton
Southold Planning Dept
Southold Assessors
ture, Received~y ~
Town of Shelter Island
Southold Building Dept
Southold Trustees
Date
Please print name
Title
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS M[ANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Tov~ Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 745-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTttOLD
September 14, 2010
PLEASE TAKE NOTICE that th~ Town Board of the Town of Southold will hold PUBLIC HEARINGS on the
proposed Local Laws listed below on October 5, 2010:
~m: Local Law in relation to Chapter 280 Zoning, Deer Fences
7:38pm: Local Law in relation to new Chapter ~80, Prevention and Control of Noise Pollution
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Elizabeth A. Neville
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning
Village of Greenport
Long Island State Park Commission
Email: Town of Riverhead
Town of Southampton
Town of Shelter Island
Southold Building Dept
Southold Planning Dept
Southold Assessors
South.
Date
Please print name Title
RECEIVED
Town
RE:10/5/10 7:38PM, P.H. NOISE ORDINANCE
We thank the Board and the committee for working on the
proposed noise ordinance, which is so important to the
quality of life in Southold. The end result is not to
prohibit commercial venues from offering entertainment or
to restrict families and neighbors from enjoying their
outdoor space, but to define appropriate noise impact in
residential neighborhoods. We urge Southold to adopt a
noise ordinance, but caution that we are looking for one to
be passed that will be effective - meaning one that is
practical, definitive and enforceable.
Practical meaning that the sound ordinance will allow for
sounds of "ambient daliness' - be it children running
around and playing, cutting one's lawn or even the
occasional party. (Yes frequency matters!) but disallow
noise and especially over-amplification on a regular basis
that disrupts residential "ambient daliness."
Definitive meaning that it will define a measurable
environmental impact level of sound "on the books" -
quantifiable from one property line when noise or sound
generated from the property of someone else alters "ambient
daliness" on your property. (Please note that residential
folks and commercial operations will all be held to such a
noise code.)
Enforcable meaning that local police will be charged with
being responsive to complaints and that fixed penalties
will be assigned - not discretionary ones. (eg; not open
between X and X, but the first fine is X, the second fine a
higher level of X, etc. like speeding tickets)
Southold is a beautiful mix of beach and rural communities
that are blessed to also have a thriving business community
of wineries, hotels, bed and breakfast inns, galleries,
shops, restaurants, farm stands, nurseries and other
businesses that tempt visitors to enjoy them and which
support the economy. These amenities enhance life, offer
employment so locals can choose to stay in the township and
entice new people to choose to invest in buying homes in
Southold. Please pass a sound ordinance that will allow
one and all to enjoy their individual, family or business
lives without the corruption of noise pollution
overpowering us. so we can all enjoy life in this
beautiful township.
RECEIVED ' '
OCT 5 2010
~outhol~l Town Cler~
RE: 10/5/10 7:38PM, P.H. NOISE
RECEIVED
OCT 5 2¢i0
'~outhold Town ClerE
Robert B. Skoblicki
P.O. Box 1688
Southold, N.Y. 11971
Re: Proposed Noise Ordinance
Town of Southold
53095 Route 25
P.O. Box 1179
Southold, N.Y. 11971
Att. Supervisor Scott Russell
and Southold Town Board Members
October, 5, 2010
Town Board Members,
The undersigned, having been personally affected by the lack of any noise ordinances
in the Town of Southold, request that the Town Board pass the proposed noise ordinance
as proposed.
On July 8, 2006, I became aware of the lack of any noise ordinance in this Township,
when a large outdoor backyard party, with over 100 plus attendees, was hosted by a
neighbor in his rear yard.
At approximately 12:00 PM, the party was still in progress with the extremely loud
music resonating throughout the neighborhood. A call was made to the Southold Town
Police Department and a sector car responded and spoke to the owner. When the Officer
left, the music volume was apparently cranked up even louder. After a short period of
time, I called the Police Department and was informed by the dispatcher that there were
no ordinances in this Township that covered loud music. The party then continued
unabated until approximately 4:00 to 5:00 AM, when the guests, who were parked on
sidewalks and private property, started to leave.
Unfortunately, the situation still exists to this day. There have been multiple
occurrences of loud outdoor backyard parties (3 to 4 per year) to the present. Some have
ted to instances of criminal mischief in the immediate vicinity (August 2009).
One of the most recent incidents occurred on August 28, 2010 when an outdoor
backyard party that started at approximately 11:00 PM ended at sunrise, approximately
5:30 AM.
We strongly urge the Town Board to vote for and implement the proposed ordinance
as it is written.
Robert B. Skoblicki
RE: 10/5/.10 7:38PM,. P.H. NOISE
RECEIYEO
OCT 5 2010
~outhold Town Cle~l~
Mary Ann Skoblicki
P.O. Box 1688
Southold, N.Y. 11971
Re: Proposed Noise Ordinance
Town of Southold
53095 Route 25
P.O. Box 1179
Southold, N.Y. 11971
Att. Supervisor Scott Russell
and Southold Town Board Members
October, 5, 2010
Town Board Members,
The undersigned, having been personally affected by the lack of any noise ordinances
in the Town of Southold, request that the Town Board pass the proposed noise ordinance
as proposed.
On July 8, 2006, I became aware of the lack of any noise ordinance in this Township,
when a large outdoor backyard party, with over 100 plus attendees, was hosted by a
neighbor in his rear yard.
At approximately 12:00 PM, the party was still in progress with the extremely loud
music resonating throughout the neighborhood. A call was made to the Southold Town
Police Department and a sector car responded and spoke to the owner. When the Officer
left, the music volume was apparently cranked up even louder. After a short period of
time, I called the Police Department and was informed by the dispatcher that there were
no ordinances in this Township that covered loud music. The party then continued
unabated until approximately 4:00 to 5:00 AM, when the guests, who were parked on
sidewalks and private property, started to leave.
Unfortunately, the situation still exists to this day. There have been multiple
occurrences of loud outdoor backyard parties (3 to 4 per year) to the present. Some have
led to instances of criminal mischief in the immediate vicinity (August 2009).
One of the most recent incidents occurred on August 28, 2010 when an outdoor
backyard party that started at approximately 11:00 PM ended at sunrise, approximately
5:30 AM.
We strongly urge the Town Board to vote for and implement the proposed ordinance
as it is written.
Mary Ann Skoblicki
RE: 10/5/10 7:38PM, P.H. NOISE
RECEIVED
Town
Re: Proposed Noise Ordinance
Town of Southold
53095 Route 25
P.O. Box 1179
Southold, N.Y. 11971
Att. Supervisor Scott Russell
and Southold Town Board Members
October, 5, 2010
Town Board Members,
The undersigned, having been personally affected by the lack of any noise ordinances
in the Town of Southold, request that the Town Board pass the proposed noise ordinance
as proposed.
On July 8, 2006, I became aware of the lack of any noise ordinance in this Township,
when a large outdoor backyard party, with over 100 plus attendees, was hosted by a
neighbor in his rear yard.
At approximately 12:00 PM, the party was still in progress with the extremely loud
music resonating throughout the neighborhood. A call was made to the Southold Town
Police Department and a sector car responded and spoke to the owner. When the Offieetr
left, the music volume was apparently cranked up even louder. The party then continue~
unabated until approximately 4:00 to 5:00 AM, when the guests, who were parked on
sidewalks and private property, started to leave.
Unfortunately, the situation still exists to this day. There have been multiple
occurrences of loud outdoor backyard parties (3 to 4 per year) to the present. Some have
led to instances of criminal mischief in the immediate vicinity (August 2009).
One of the most recent incidents occurred on August 28, 2010 when an outdoor
backyard party that started at approximately 11:00 PM ended at sunrise, approximately
5:30 AM.
We strongly urge the Town Board to vote for and implement the proposed ordinance
as it is written.
RE: !)7%?!) 7:38PM, P. Ho NOISE
O(~T f;
Re: Proposed Noise Ordinance
Town of Southold
53095 Route 25
P.O. Box 1179
Southol,d, N.Y. t 1971
Att. Supervisor Scott Russell
and Southold Town Board Members
October, 5, 2010
Town Board Members,
The undersigned, having been personally affected by the lack of any noise ordinances
in the Town of Southold, request that the Town Board pass the proposed noise ordinance
as proposed.
On July 8, 2006, I became aware of the lack of any noise ordinance in this Township,
when a large outdoor backyard party, with over 100 plus attendees, was hosted by a
neighbor in his rear yard.
At approximately 12:00 PM, the party was still in progress with the extremely loud
music resonating throughout the neighborhood. A call was made to ~e Southold Town
Police Department and a sector car responded and spoke to the owner. When the Officer
left, the music volume was apparently cranked up even louder. The party then continued
unabated until approximately 4:00 to 5:00 AM, when the guests, who were parked on
sidewalks and priv. ate property, started to leave.
Unfortunately, the situation still exists ~o this day. There have been multiple
occurrences of loud outdoor backyard parties (3 to 4 per year) to the present. Some have
led to instances of criminal mischief in the immediate vicinity (August 2009).
One of the most recent incidents occurred on August 28, 2010 when an outdoor
backyard party tltat started at approximately 11:00 PM ended at sunrise, approximately
5:30 AM. ' '~
We strongly u~ge the Town Board to vote for ~and implement the proposed ordinance
as it is written.
RE: 10/5/10 ~ ;38PM, Poll. NOISE
~ECEIYED
soulhoht To~vn (le~
Re: Proposed Noise Ordinance
Town of Southold
53095 Route 25
P.O. Box 1179
Southold, N.Y. 11971
Att. Supervisor Scott Russell
and Southold Town Board Members
October, 5, 2010
Town Board Members,
The undersigned, having been personally affected by the lack of any noise ordinances
in the Town of Southold, request that the Town Board pass the proposed noise ordinance
as proposed.
On July 8, 2006, I became aware of the lack of any noise ordinance in this Township,
when a large outdoor backyard party, with over 100 plus attendees, was hosted by a
neighbor in his rear yard.
At approximately 12:00 PM, the party was still in progress with the extremely loud
music resonating throughout the neighborhood. A call was made to the Southold Town
Police Depamnent and a sector car responded and spoke to the owner. When the Officer
left, the music volume was apparently cranked up even louder. The party then continued
unabated until approximately 4:00 to 5:00 AM, when the guests, who were parked on
sidewalks and private property, started to leave.
Unfortunately, the situation still exists to this day. There have been multiple
occurrences of loud outdoor backyard parties (3 to 4 per year) to the present. Some have
led to instances of criminal mischief in the immediate vicinity (August 2009).
One of the most recent incidents occurred on August 28, 2010 when an outdoor
backyard party that started at approximately 11:00 PM ended at sunrise, approximately
5:30 AM.
We strongly urge the Town Board to vote for and implement the proposed ordinance
as it is written.
RE: 10/5/10 7:38PM, P.H. NOISE
Hello. My name is Adrienne Greenberg and Z: live in Greenport.
]: am speaking for a number of families on my block, which is
Sound Road in Greenport.
We are very pleased that the Board is working on implementing a
noise ordinance in Southold. We are the only town on LT without
such an ordinance.
Without an ordinance, we are auditory captives of a local
restaurant owner who, when complained to about the amplified
music coming from their grounds, told our neighbors, that if they
didn't want to hear the music, to go home, close their windows and
put on their air conditioner.
RECEIVED
~outhold Town Ch
An ordinance to control noise should not mean that businesses
should cease to function. ]:nstead, it should mean that businesses
and residential neighborhoods should be able to coexist.
5inca you are considering adapting a noise ordinance, we hope it
will be something that can be easily enforced and not ambiguous.
We are concerned about two ambiguities in the proposed law,
which will inhibit enforcement:
1-as the code is written now, the F~;NE could be set so Iow
that the offender could just absorb it into his business
expenses, and continue to offend.
2-as the code is written now, the noise meter measurement
can be taken from any border of the property. We would like to
know WHO determines from which border of the property the
meter reading is to be taken? (PAUSE-ASK?)
The offenders property could be large, but the noise could be
generated from the far end of the property ......... which could be
where the houses are located. As the law stands now, what is to
prevent the noise meter reading from being taken from the far
end of the property and therefore registering a much lower
reading7
Tt would be less ambiguous if the law states that the meter
reading is taken at the edge of the property closest to the
source of the noise.
We thank you for your most important work on this quality of life
issue that greatly concerns the entire town.
Lori Hollander
5cart McIntire
Carol Gr.e~en
Richard ~a¥ity
Bob Bect6n
Carl Crabs
Victor Brown
Mary Gabriel
Adrianne Greenberg
,Tennifer Warner Sinclair
Marjorie Kujawski
9932
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1__ week(s), successively, commencing on the
23rd day of September, 2010,
Sworn to before me this
:"q.~,Rv PUBLK;-STATF_ OF Nr-w YORK
No. 0]-VO6105050
· LEGAL NOTICE
NO~ICE OF PUBLIC HEAR~G
NOTICE IS HEREBY GIVEN,
tbere has been presepted m thc Town
Board of the Town Of Southold,
County, New York, on tbe ?th day Of
September 2010, a Local Law entitled
bratad m~l ~ om b A-w~in~ · ~w~awcr~ and ,~nowpinws when op-
DECIBEL ("dB"),- Th~ uni$ for ~rated wi~t~inuffier for the propose Ofsnow removal.
me~uringthe~;~.of~'~u~base~. 6. i%~m-amp~fied, noise generated'
~ the ~ ~ .og,~md. For
the puipose of tlu's dlap~, the~stendard tiv/fie~ ~ ,v~,m~ or hcilire~
referouce ~ stated2~,hg, rein will be 7. N°~'amplified-noiso-orgninzed
reed to assure a ~:~and standanf tivt~i~ ~pomored by any school disttlct.
reference for th&~ll~g/o/I/Id. 'private school Or fire district or dcimrt-
HOMEOWNER'S LIGHT RESI- mentwithintheTownofSouthold.
DENTIAL OUTDOOR EOUIPMEHT 8. Noise from municipally sponsored
- All engine-powered Or motor-powered celebrations or events.
garden or maintenance tools intended 9. Noise from lawful fireworks dis-
for repetitive use in residential areas, p[ay"~ parade~, and other charitable and
typically capable of being used by a ho- special events held in accordance with
meowner. Examples of homeowner's all pertinent provisinns of the Southold
- light residential outdoor equipment are Town Code. '
lawn mowers, garden tools, riding frae- 10. Noncommercial public speaking
tots, snowbl0wers, snowplows, etc. or public assembly activities conducted
NOISE POLLUTION - Airborne or on any public space or public right-of-
amplified so~, al,which: way. .
A. Causes temporary or Pellnanent 1L Emergency construction or repair
hearing loss in persons exposed; or work.
B. Is othetwise injurious, or l~nds to 12. Noise from the activities of any
be, on the basis- of current in/btmation fire department, ambulance squad or
injurious to the public health or w?ffare; similar emergency or rescue orgamza-
or "- tio~ in ¢artying out their official dutie~
C. Disturb~ a reasonable person of 13, Noncommercial amplified sound
normal sensirvities: 'that doe8 not exceed the no/se standard
D. Ex~eech standards or re~Ixictions established in §20(~6 of this chapter.
established herein: or "14. Emergency stationary and mobile
E. Interferes with the com/ortabie signa~davic~
enjoyment of life and property or the 15. Audibleexterinrhurgiar alarmsin
conduct of busines~ l~e tollowtng are operation for 15 mihutes or less '
deemed to interfere with the comfort- §'2~-8. Enfoteeme~t. The provislam
able enjoyment of life and property or of this chapter shall be admiitistered ami
the conduct of business: enforced by the Southold Town Police
L Yelling or shouting at any time flint Department and the Southold Town Of-
dlsturb~ l~e ~ f~e of Code Enforcement.
A. ,~t!ly person who shall viniate thc
2. ~he ~ provi$iom of this chapter shall be guilty
ntitfinS to be played. I of a violat~n puinshab!~ b~ a fine not
' exceeding $500 m~d upon conviction of
or' ~/~tuent offenr~ with n 18
a fine riot excced-
L If such violation is of a con-
sound in such each one hour period of
peace, qui~t and
or persons residing or oconpymg an ad- shall separate
jacent or neighboring property, and distinct offense.
PERSON - An individual, associa- B. In addition to any other remedy
tion. fhm. syndicate, company, trmt. cot- provided by [aw, the Town may bring
poration, department, huxeau .or agency an in] unction .L~l~-..din~ to enforce this
or any other entity recognized by law ~s cbepter.
me subj~a Of ri~ts a~d duti~ .
SOUN'D-LE~L IV~ET~R - An in- If imy clause, sentence, parasral~,
~,~o~tl~ ~aadfr~lUel~'y ~'to ,be mvaEd,.the judgment
~'~bli~he~ by ll~ Am,~4~ at wllo/e ~ any part thereof 0tha: tfian
~ Slandar~ :r~ituto (ANSI) ll~Pal~oSecided to be ~nconstitution.
~mifie~. tin~ ~.~ou~l-~vel me.rs, at or.valid,
· ~'~ Ge~tml ll~oksl~m. No per- ~LF.I~EL-[tVE DATE
son ~r pet~o~ own~ ~ oJ~:on- ~ L~ Law ~hall t~ke effect im-
t~oll~ It~ o~e~at~o~l Of any ~olg13:o of medi~y~lapon filing with the Secretary
noise on any ~ or Slracto~e widain the Of Stata as prov/ded by law.
Town ~ ~.~ estebl~hra~m of Datedt.~e~tember 7.2010
at~ditioa o~ .m0/ae'pollm/on. Fa~pt~a~. ' BY ORDER OF
d~l~bhto~pro~l~ng ampllfu~or ~ff-~. - Ellza~th Neville
.borne ~lmd f~om the promise~ dwell-~ .~_- · Town Clerk
lng or binldtng ~v~hifi the To~n shall be 9932-1T 9t23
considered noise pollution and shall be ~
welfare ofT own 0'tizens through regu~- cteat~ ~'-C~ ,~). be ~;~e
Chapter. the following terms shall have , era~ th~olkn~6~stan~ar~s:
t heir meanings indicated. ~ -
reached the point of interest by propaga-
tion through the air.
AMPLIFIED SOUND - Sound
which has its volume increased by elec-
CHARITABL~ EVENT - An event
whose sole puqoose Is to raise money for
a specific charity or non-profit orgamza-
CO MMERCIAL SERVICE EQUIP-
Sound/a excess 6f 65 dBA: and [it) fi~m
I0:00 pall. to 7:00 a.m. airborne or amp/i.
A.Th~ prov~ions of §200-5 and §200-
quent service work in inhabited areas,, bemte~m 7.'00 am. through 7.'00~oan. of
typically requiring commercial or skilled homeowner's light residential ~,utdoor
opcrator~ Examples of conunenaal set- equ~pnmnt with muffigrs or commercial
vice equipment are chain saws, log chip- s, ery~e equipment, provided that pt~h
pcrs. paving rollers, etc. activities and such equipment and their
CON?T.R~CTION DEVICE. Z Any_ .us~ ~ply with the other provisions
Sworn to before me this
Principal Clerk
2010.
PUBLIC-STATE OF NEW YORK
No. 01-V06105050
O, uo[h~ied in Sut~olk County
network~ ,= :~tated wtth a m~he puavo~
~, New Y~k, on the 7~ dny of
N~CE ~ ~BY ~R 't~i~y ~p~te of ~ing ~d by a ho- s~ ev~ held ~ ~M~ ~
Southold Town Hall, 53095 Main Road,
Southold, New York. on the 5th day of
O~toher 2010 at 7'38 pm. at which time
all interested pe~ons will be given an
a~0portunli~ to be heard.
The proposed Local Law entitled,
nnd Control of Noise PfllJaflon in the
~ reads as follows:
LOCAL LAW NO.
A Local Law entitled, ~
L A new Chapter 200 of the Code of
as the "Prevention and Coptxol of
§2~0.2. Pml~se. The gentle pace of
Crafting of regulations that are uniquely
place and use is harmful to the peace.
good order and prosperity of the inhab-
prosperity of the Town of Soothokl and
welfare of Town citizens through reg~la.
MENT - All engine-powered or moto¥-
typically requiring commercial or skilled
dB(A) - The A,weighted sound level
in decibels, as measured by a general-
tots, snowblower~ snowptows, etc~
NOISE POLLUTION - Airborne or
amplified sound which:
A. Causes' temporary or permanent
heating loss in persons exposed: or
B. Is otherwise injuriou~ or'tends to
be. on the basis of current ioformalion
C. Disturbs a reasonable person of
normal sensitivities:
D. Exceeds standards or restrictions
established herein; or
E. Interferes with the comfortable
enloyment of life and property or the
conduct of businesx The following are
deemed to intedere with the comfor~-
able enjoyment of life and property or
the conduct of business:
I. Yelling or shouting at any thne that
-person or persi~g resid[flgo~r occupying
an adjacent or neighboring property.
2. q~ae using of, ope~/~g of or per-
mitting to be played, used or operated,
any radio, receiving.gt; musical instru-
ment, phonograph, te. levision set or oth-
er machine or dcyice for the producing
or reproducing'of a/thorne oLampbfied
peace, quit and comfort of the person
or person~ residing or occupying an ad-
lacent or neighboring property.
PERSON - An individual, associa-
tion. firm, syndicate, company trust, cor-
poration, department, bureau or agency
or any other entity recognized by law as
the subj~t of fights and duties
SOUND-LEVEL METER - An in-
s~ran~.~ ~m (gr't~aeasurem~m~'of noi~
and soundlevels incia~din~ ~i microphotte,
amplifier, an output meter and frequency
weighting networks which comply with
standards established by tl~ Am~ric~a
National Standards tnslRuta (ANSI)
. § ~ Genera] l~o~n- No per-
son or persons owning leasing o~ con-
trolling the operation of any soux~e of
no,se on any lot or structure within the
provided,in §200-6. the use of amplifiers,
speaker ca' other machines or devices
capable of ~producing amphfied or air-.
borne sound from the premises, dwell-
ing or building within the Town shall be _ .
considered noise pollution and shah be
prohibited at all time~
§ 200-6. Standards. No person shall
pollution which ~vhe~ measured at or
beyond any lot tine of the property on
which such noise pollution is being g~n-
crated, exceeds the following standards:
A. Sunday th~oughThursday: 0) from
7:00 a.m.~t~ 7:00 p.m, al(borne or ampli-
fied sound in excess of 65 dBA; and (ii)
from 7:00 p.m. to 7:00 a.m. airborne or
amplified sound in excess of 50 dBA.
B. Friday a~d SaturdUy: (it from 7:00
a.m. to 10:00 p.m. airborne or amplified
sound in excess of 65 dBA; and (ii) from
I0:00 p.m. to 7:00 a.m. airborne or ampli-
· fled sotmd in excess of 50 dBA. § ~-7. E~cepfiOltS.
A. The provisions of §200-5 and §200-
6 shall not apply to the following:
1. The intermittent or °ccasinna! use
between 7.~0 a.m. through 7:00 ~p.m. of
homeowner's light residential outdoor
equipment with mufflers or commercial
servic~e equipment, provided that such
activities and such equipment and
use comply with the other provisions
hereof.
2. Construction activities between
7:00 a.m. through 7:00 p.m. and the as-
sociated one of construction devices or
the noise produced thereby, provided
that such achvgies ,and such equipment
a~d their.~ oomply with th~ 0thor pro-
- or public assembly activities conducted
on any public space or public right-of-
11. Emergency construction or repair
12. Noise from the acuvities of any
fire department, ambulance squad or
similar emergency or rescue organiza-
~ in gauXymg out their oificial dufie~
13. Noncommercial amplified sound
established in §200-6 of this chapter.
~'14. Emergency stationary and mobile
sigrml devices.
15.Audible exterior burglar alarms in
operation forl5 minutes or tess.
§ 2~ - 8. Enforcem~The provisions
of this chapter shall be administered and
enforced by the Southol~ Town Police
Department and the Southold Town Of-
~ of Code Enforcement,
§ 200- 9. Penalties for offenses.
A. Any person who shah violate the
of a vioint~on ptmishable by a fine not
exceeding $500; and upon conviction of
a third or subsequent offense w~thin 18
months, punishable by a fine not exceed-
.ing $5.000. If such violation is of a con-
tinuin~ ymture, each one. hour .period of
viointion of any provision Of this chapter
and distinct offense.
B. ~ addition to an) other remedy
provided by law. the Town may bring
be adjudse~ by any co,Jrt of competent
~aristhction to be invatid,.the judgment
purpose sound-level meter complying visions heXoL
with the provisioRs of the America~ Na- 3, Noise f~om agricultural equipment.
tional Standards Institute specificati6ns . 4. No~e 'from church b~lls or ~es
for sound-levei meters, properly call- used.
5. Noiae from snowblow~rs,
SUMMARY OF PROPOSED CHAPTER 200 "PREVENTION AND
CONTROL OF NOISE POLLUTION"
THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF TONIGHT'S
PUBLIC HEARING SETS FORTH A NEW CHAPTER OF THE TOWN CODE,
CHAPTER 200, ENTITLED "PREVENTION AND COTNROL OF NOISE
POLLUTION", THE INTENT OF WHICH IS TO CONTROL AND REGULATE
NOISE POLLUTION THROUGHOUT THE TOWN OF SOUTHOLD; TO
PRESERVE THE RURAL CHARACTER OF THE TOWN; AND PROTECTING
AND PROMOTING THE PUBLIC HEALTH, COMFORT, CONVENIENCE,
PEACE, SAFETY, WELFARE AND PROSPERITY OF THE TOWN AND ITS
INHABITANTS.
SECTION 200-4 OF THE PROPOSED CODE DEFINES VARIOUS TERMS
THAT ARE NECESSARY IN REGULATING NOISE POLLUTION INCLUDING,
BUT NOT LIMITED TO, THE TERMS "AIRBORNE SOUND," "AMPLIFIED
SOUND," "CONSTRUCTION DEVICE," "Db(A)," "DECIBAL' AND "NOISE
POLLUTION."
SECTION 200-5 SETS FORTH THE GENERAL PROHIBITION ON NOISE
POLLUTION WITHIN THE TOWN. SECTION 200-6 SETS FORTH THE
STANDARD FOR NOISE POLLUTION, WHICH PROHIBITS ANY PERSON
FROM CREATING OR CAUSING ANY NOISE POLLUTION WHICH, WHEN
MEASURED AT OR BEYOND ANY LOT LINE OF THE PROPERTY ON WHICH
SUCH NOISE POLLUTION IS BEING GENERATED, EXCEEDS THE
FOLLOWING STANDARD:
SUNDAY THROUGH THURSDAY: (i) FROM 7:00 AM TO 7:00 PM
AIRBORNE OR AMPLIFIED SOUND IN EXCESS OF 65 dBA; and
(ii) FROM 7:00 PM TO 7:00 AM AIRBORNE OR AMPLIFIED
SOUND IN EXCESS OF 50 Dba.
FRIDAY AND SATURDAY: (i) FROM 7:00 AM TO 10:00 PM
AIRBORNE OR AMPLIFIED SOUND IN EXCESS OF 65 dBA; AND
(ii) FROM 10:00 PM TO 7:00 AM AIRBORNE AND AMPLIFIED
SOUND IN EXCESS OF 50 dBA.
SECTION 200-7 LISTS NOISE THAT IS EXEMPT OR PARTIALLY EXEMPT
FROM PROPOSED CHAPTER 200. SOME EXAMPLES OF NOISE THAT ARE
EXEMPT INCLUDE INTERMITTENT OR OCCASIONAL USE OF
HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT WITH
MUFFLERS; CONSTRUTION ACTIVITIES BETWEEN 7:00 AM AND 7:00 PM;
NOISE FROM AGRICULTRUAL EQUIPMENT; NOISE FROM CHURCH BELLS;
NON-AMPLIFIED NOISE FROM LAWFUL ATHLETIC OR RECREATIONAL
ACTIVITIES; NOISE FROM MUNICIPALLY SPONSORED CELEBRATIONS OR
EVENTS; AND EMERGENCY CONSTRUCTION.
SECTION 200-8 AUTHORIZES THE POLICE DEPARTMENT AND THE
OFFICE OF CODE ENFORCEMENT TO ENFORCE THE PROVISIONS OF
THE PROPOSED CHAPTER AND SECTION 200-9 SETS FORTH PENALTIES
FOR OFFENSES WHICH INCLUDE FINES SET AT $500 FOR A FIRST
OFFENSE AND UPON CONVICTION OF A THIRD AND SUBSEQUENT
OFFENSE WITHIN 18 MONTHS, A FINE NOT EXCEEDING $5,000.
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JOSEPH L. TOWNSEND
DONALD J. WILCENSKI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
MEMORANDUM
To:
From:
Date:
Re:
Scott A. Russell, Town Supervisor
Members of the Town Board
Martin Sidor, Planning Board Chairperson
Members of the Planning Board
October 5, 2010
A Local Law entitled, "A Local Law in relation to the Prevention
and Control of Noise Pollution in the Town of Southold"
Thank you for the opportunity to provide comments on the proposed Local Law
referenced above.
The Planning Board has reviewed the proposed legislation and offers no
comments.
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Supervisor Scott Russell
Town of Southold Town Board ~
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: October 4, 2010
Re: A Local Law entitled, "A Local Law in relation to the Prevention and Control
of Noise Pollution in the Town of Southold"
The proposed local law has been reviewed to Chapter 268, Waterfront Consistency
Review of the Town of Southold Town Code and the Local Waterfront Revitalization
Program (LWRP) Policy Standards. Based upon the information provided to this
department as well as the records available to me, it is my recommendation that the
proposed action is CONSISTENT with the LWRP Policy Standards and therefore is
CONSISTENT with the LWRP.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Cc: Martin Finnegan, Town Attorney
Jennifer Andaloro, Assistant Town Attorney
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be com~!_~L'~- by Applicant or Project Sponsor)
1. APPLICANT/SPONSOR /2. PROJECT NAME
Town of Southold ] Prevention and Control of Noise Pollution
3. PROJECT LOCATION:
Municipality Southold County Suffolk
4. PRECISE LOCATION (Straet adcirass and road Interesctions, prominent laodrnarks, etc., or provide map)
Townwid¢
5. PROPOSED ACTION IS:
[] New [] Expal~sion
[] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
the consideration of"A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold"
7. AMOUNT~O~F LANDAFFECTED:
Initially '"' acres Ultimately NA acres
8. WILL PROPOSED ACTION COMPLY Vvi'rH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
[] Yes [] No If No, descrtbe bdefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Industrial [] Commercial
Describe:
N^
[] Agriculture [] PaCdForest/Opan Space [] Other
10.
DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
[] Yes [] No If Yes, list agency(s) name and parmti/approvals:
Filing with the New York State Department of State if successfully adopted.
11.
DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[] Yes [] No If Yes, list agency(s) name and parmti/approvals:
N^
12. AS A RESULT OF PROPOSED ACTION VVILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
F-~ Yes []No
CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applica hr/sponsor name: Date: ]0/4/10
Signature:
If the action is in the Coastal Ama, and you are a state ag.ency, complete the
Coastal Assessment Form before proceeding with th,s assessment I
OVER
1
PART II - iMPACT ASSESSMENT ~To be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 6t7.47 If yes, coordinate the review process and use the FULL FAF.
[]Yes r~No
B. WILL ACTION RECEIVE COORDINATED REVIEVV AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative
declaration may be superseded by another involved agency.
r-] Yse F~No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handvnfffen, if legible)
C1. Exfsfing air quality, surface or groundwater quality or quanfity, noise levels, existing traffic pattern, solid waste produc~on or disposal,
potential for emsion, drainage or fiondiog problems? Explain briefly:
None
C2. Aesthetic, agricultural, archaeological, histndc, or other natural or cufiuml mseurces; or community or neighborhood character? Explain briefly:
None
C3. Vegetation or fauna, fish, shellfish or wildlife species, olgnfficent habitats, or thmatennd or endangered species? Explain briefiy:
Nonc
C4. A community's existing plans or goals as officially adop{ad, or a change in use or Intensity of use of land or other natural resources? Explain briefly:
None
C5. Growth, subsequent development, or related acfivl~ss likely to be induced by the proposed action? Explain briefly:
Nonc
C6. Long term, sho~t term, cumulative, or other effects not idenfifiad In Cl-C57 Explain briefly:
None
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain brlefiy:
None
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL.
ENVIRONMENTAL AREA (CEA)?
[] Yes ~ ~ No if Yes,
explain
brlefiy:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] No If Yes, explain
briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise signiticanL Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (fl magnitude. If necessary, add attachments or reference suppo~ng materials. Ensure that explanations contain
sufficient deteil to show that all mtevant adverse Impacte have been identified and adequately addressed. If question D of Part II was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
] Check this bex if you have identifisd one or more potentially large or slgniflcent adverse Impacte which MAy occur. Then proceed directly to the FULl
FAF and/or prepare a pceifive declaration.
[] Check this box if you have determinod, besed on the Informaben and anaiyels abeve and any sepportiog documentation, that the proposed action WILl
NOT result in any significant adverse envtmnmentai impacts AND provide, on attachments as necessary, the masons supporting this daterminsfior
Town of'Southold Town Board 10/4/!0
Name of Lead Agency Date
Supervisor
P~nt m' Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer (ff different from responsible officer)
OCT, 4, 2010 l:29PM
LONG
ISLAND
WINg
COUNCIL
NO, 237
OCT - 4 2010
RECElUED
October 1, 2010 OCT 4 2010
Supervisor
Town of Southold
53095 Route 25; P.O. Box 1179
Southold, New York 11971
$outhold Tow~ Clerl,
Dear Mr. Russell,
The Long Island Wine Council generally supports the objectives of proposed Local Law No,
20t0, entitled '% Local Law in relation to the Prevention and Control of Noise Pollution in
the Town of Southold". However, we do have some concerns about the current text which we
would like to be clarified or ad&essed before the proposal is adopted by the Town Board.
One concern involves the collection of decibel data We note Gat ~200-4 provides definifi, ons
for decibels and sound-level meters, but the proposed law does not indicate how the decibel
data will be collected and recorded for use in later proceed/rigs. In other words, will the
persons concerned be presented with official documentation showing the meter reading at a
specific location and time?
A related concea'n is the method ofm. easar~g decibel levels..§ 200-6 includes two distinct
decibel limits, bllt does not say how the decibel levels are to be measured ia relation to
ambient noise. For purposes of determining compliance with this law, will the decibel levels
be measured w/th oz above ambient noise? We would assume that the decibel levels ha
question will be measured above ambient noise such as veh/cular traffic.
We also not~ that § 200-6 prohibits airborne or amplified sound above 65 dBA on Sm~day
throngh Thursday from 7:00 ara. to 7:00 p.m., and from 7 a,m. until 10 p.m. on Friday and
Saturday. Because the 50 dBA and 65 dBA limits establish very iow thresholds ha relation to
ambient ~oise (e.g., akbome sound from street l~affic is 70 dBA), we would ask that the 65
dBA level be permitted until I0 pm on Sunday through Thursday and until 11 pm on Friday
and S atm~lay.
P.O. Box 600 Riverheacl, NY 11901 Info: (631) $69-5887 - Bus: (651) 722-2220 . Fax: (631) 722-2221
F-maLl: in£o@liwines.com Website: www.liwines.com
OCT, 4, 2010 1:29PM NO, 237 P, 2
2
We appreciate that there is au exception for agricnltutal equipment in the proposed legislation
(Paragraph A.B). (}enerally, we would prefer that exceptions for agriculture in any provisions
of the Town Code usc thc phrase "farm operations as defined under NY State Agriculture &
Markets Law," which encompasses the full range of practices normally associated with
agricultund act/vities.
Finally, paragraph A.9 provides an exception for "other charitable and special events held in
accordance with all pertinent provisions o£the Southold Town Code.' We assume that this
eXceptiou would thus apply to all pcrmittexl events, including those at wineries and other farm
operations. If so, we would note that the Town is only now launching a process to consider
possible modificafion~ of its special events legislation. We would prefer that the rules and
pxOcedures r.equired fo_r obtaining such p~/i~its be chrified before refere~"in._g such "pertinent
previsions" in any new legislation.
In closing I ~vould like to reiterate tlmt out members g=nerally support the objectives of this
new ]aw. and we look lo,yard to working with the Town Board to clarify these issues so that
we can proceed with its implementation.
Yours sincerely,
Ron Ooorler, Jr
President, Long Island Wine Council
CC:
Louisa P. Evans, Justice
Albert J. Krup~.i, Jr., Councilman
William P. Kuland~ Councilman
Vhuccnt M. Orlando, Councilman
~CMhristopher M. Talbot. Councilman
artin F/nnegan, Town Attorney
Joseph Gerg¢la, Executive Director, LIFB
18/81/2818 13:28 6317222221 LONG ISLAND WINE CO PAGE 82/83
k( NG
ISLAND
WINE
COUNCIL
Mr, Scott Russell
SuPervisor
Town of Southold
53095 Route 25; P.O. Box 1179
Southold, New York 11971
Dear Mr. Russell,
The Long Island Wine Council generall
2010, entitled "A Local Law in relation
the Town of Southold". However, we
would like to be clarified or addressed
One concern involves the collection of
for decibels and sound-level meters, bu
data will be collected and recorded for ~
persons concerned be presented with o]
specific location and Rme?
A related concem is the method ofmes
'decibel limits, but does not say how the
ambient noise. For purposes of determl
be measured with or above ambient noi
question will be measured above ambk
We also note that § 200-6 prohibits airl
through Thursday from 7:00 a.m. to
'Saturday. Because the 50 dBA and 65
ambient noise (e.g., airborne sound fro.
dBA level be permiued until 10 pm on
and Saturday.
P,O. Box 600
Riverhead, NY 11901 '. Info
E-mail:info@liwine
Octobcri 1, 2010
L
y supports the objec~ves of proposed Local Law No.
to the Prevention ~ Control of Noise Pollution in
o have some concems about thc current text which we
~ore the proposal i! adopted by the Town Board.
lecibel dam We note that §200-4 provides definitions
:the proposed law does not indicate how the decibel
me in later proceedings. In other words, will the
cial documentation~ showing the meter reading at a
rring decibel levelsi § 200-6 includes two distinct
decibel levels are to~ be measured in relation to
aing compliance with this law, will the decibel levels
se? We would assugte that the decibel levels in
ut noise such as relic, ular traffic.
~ome or amplified s .c~nd above 65 dBA on Sunday
~0 p.m., and from 7 ~.m. until 10 p.m. on Friday and
[BA limits establish {very low thresholds in relation to
n street traffic is 70 ~BA), we would ask that ~e. 65
Sunday through Thubsclay and until 11 pm on Friday
(6;51) 369-5857 · ,Bus: (631) 722-2220 · Fax: (631) 722-2221.
.eom Web$ite: ~vw.liwlnes.com
18/81/2818 13:28 6317222221 LONG ISLAND WINE CO PAGE 83/83
We appreciate ~hat there is au exertion
(Paragraph A.3). G,n~mlly, we would pr
of the Town Code use the phrase "farm
Markets Law," wh/ch encompasses the
agricultural activities.
Finally, paragrsph A-9 provides an excel
accbrd~ce with all pertinem lXOvision-~
exception would thus apply to all permit
operations. If so, we would notc that the
possible modifications of its special eve;
proccdures rcquircd for obtaining such F
provisions" in any new legislation.
In closing I would like to reiterate that o
new law, and we look forward to worki~
we can proceed with its implementation
Louisa P. Evans, Justice
Albert J. K~upski, Jr., Councihr
William P. Ruland, Councilma~
Vincent M. Orlando, Councilm
Christopher M. Talbot, Council
Martin Finnegsn, Town Attorney
Joseph Gergeia, Executive Direct~
2
Or agricultural equip z~ent in the proposed legisla~/on
;fer that exceptions t or agriculture in any provisions
[~rations as defined under NY Stale Agriculture &
dl range of practiceg normally associated with
tion for "othe~ chad able and special events held in
)fthe Southold Tow'. Code." We assume that this
ed events, ineludin~those at wineries and other farm
Town is only now 1/unching a lXOCeSS to consider
~ts legislation. We w )uld prefer that the rules and
:rmits be cl~ified I~
ar members generall
with the Town Bo
:fore referencing such "per6m~t
~ support the objectives of this
· d to clarify these issues so that
yours s~cerely,
Ron .C_~rler, Ir
Presidemt, Long Island Wine Cotmcil
LIFB
Neville, Elizabeth
Page 1 of 2
From:
Sent:
To-
Cc:
Russell, Scott
Monday, August 16, 2010 10:59 AM
Neville, Elizabeth
Rallis, Damon
Subject: FW: noise ordinance / Portly Grape
This is for the entire board. Scott
From: Carolyn Gmer [mailto:cgreer313@gmail.com]
Sent: Sunday, August 15, 2010:10:03 PM
To: Russell, Scott
Cc: Lori Hollander
Subject: noise ordinance / Portly Grape
To: Scott Russell, Town Supervisor
From: Steven and Carolyn Greer, owners:16 Sound Road, Greenport, NY 11944
re: noise ordinance/Portly Grape
After an exhaustive search of homes for sale across the Northfork, my husband and I recently bought a
house on Sound Road in Greenport. We chose it specifically,because it seemed like a lovely, serene
residential neighborhood and because the Northfork has a reputation for being a wonderful mix of rural
and small town lifesytles. Happily, it is indeed lovely and serene except for the weekend nights when
the Portly Grape has chosen to blast amplified live music so loudly that one cannot enjoy a conversation
(let alone natural serenity) in the back or front yards and actually cannot even listen to music inside our
home because it is drowned out by their amplified sound. The business is located down a service road
and across a couple backyards from us. The music is loud enough for us to hear the bass and beats as far
away from our house as up the road at the 67 stair beach! It is invasive, noise pollution. We have been
informed by a neighbor, Lori Hollander, that Southold is currently reviewing noise ordinances. We
implore you to help restore serenity to our neighborhood and to all Southold communities that need
relief from businesses located in or near residential areas which over amplify sound to the point of being
invasive of public tranquility. We strongly urge Southold to establish laws that enforce sound
regulations.
As background, I will mention that my profession is special events (from concerts to fireworks, parades
etc) and developing tourism. I love a good concert and I appreciate that music events entice patrons and
bring in business. But there is a time and place and sound levels that are appropriate. As Southold
continues to develop as a tourism destination entertainment sound issues will only become more of an
issue so they might as well be addressed now. Tourism destinations are both hosts to tourists and homes
to residents and both businesses and homeowners contribute to the tax base and care about quality of
life. Good sound ordinances will help make good neighbors. I am certain that should private individuals
blast over amplified sound around hotels, bed and breakfasts disturbing their guests and other neighbors
- it would not be tolerated. Business generated noise is also intolerable.
On a personal note:
When we were looking at our house, the Portly Grape was "The Shady Lady" and had been closed for
some time, but was described as a bed and breakfast and restaurant. Now it seems to be operating like
some sort of outdoor bar, music, special event venue - not from inside the building but on the grounds.
This also begs the issue of whether the appropriate certificates of occupancy, building permits and
public assembly permits are in place for the outdoor operations.
8/16/2010
Page 2 of 2
l~lease ~ccept this as a formal letter of complaint about the Portly Grape specifically and a letter of
support in general for sound ordinances. The letter can be entered in any public record. I regret that due
to my work schedule I cannot attend the meeting next Thursday.
Thank you for your time and attention to this outreach.
Regards
Carolyn Greet
8/16/2010
September 24, 2010
ERIK ENGQUIST
44 Eighth Avenue, Apt. 4
Brooklyn, New York 11217-3915
Elizabeth Neville
Town Clerk
Town Hall
P.O. Box 1179
Southold, NY 11971
To the Town Board members and all municipal officials of Southold Town:
I write to thank you for proposing a town noise ordinance and to enthusiastically encourage
you to adopt k.
My wife and I purchased a 100-year-old farmhouse on Main Road in East Marion as a
weekend and summer residence in 2007 and have come to treasure the idyllic, rural nature
of the area. However, this serene atmosphere is occasionally interrupted for extended
periods by loud music and booming bass emanating from a property several hundred yards
away on Gillette Road. Generally this continues unabated for an entire weekend.
We have no doubt that such amplified sound would viohte the proposed noise ordinance.
Currently; there are no legal means to compel the noisemakers--who we surmise have
rented the house to party for the weekend--to turn down the sound. My immediate
neighbor to the west tells me that several years ago a bar on Main Road (since closed) caused
a similar noise problem and did not respond to complaints. This ordinance will ensure that
nothing of this sort happens again in East Marion or anywhere else in Southold Town.
My wife, children and I very much look forward to your enactment of this necessary
measure.
Sincere134,
Erik Engquist
Page 1 of I
Cooper, Linda
From: Cooper, Linda
Sent: Thursday, September 16, 2010 11:33 AM
To: BelL?., Phillip; Berliner, Sandra; Neville, Elizabeth; Woodhull, Ruthanne; Al Krupski
(alkrupskitown@yahoo.com); Chris Talbot (christptal@yahoo.com); Louisa Evans
(Ipevans@fishersisland.net); Russell, Scott; V Orlando (vincent.orlando@town.southold.ny.us); W.
Ruland (rulandfarm@yahoo.com); Andaloro, Jennifer; Finnegan, Martin; Hulse, Lori; Krauza, Lynne
Subject: Noise Ordinance
Comments Re: Noise Ordinance PH 10/5/10
From: Ellen Zimmerman [mailto:ezimmerman@naremco.com]
Subject: Noise Ordinance
My concern is with the wording of the fines to be imposed for violations. As currently drafted,
the fines set only an upper limit. This leaves open the possibility of only token fines being
imposed, even for repeated offenses, therefore a totally toothless ordinance. The fine structure
should have a minimums as well as maximums, or set fines.
Ellen Zimmerman
Vice-President
Naremco Services Inc.
P. O. Box 20937
New York, NY 10025
212 697 0290
9/16/2010
Page 1 of 2
Cooper, Linda
From: Krauza. Lynne
Sent: Monday, September 20.2010 6:33 AM
To: Cooper. Linda
Subject: FW: Noise Ordinance Proposal
F/Y/I
From: Greene, Carole [mailto:cgreene@newmarkkf.com]
Sent: Saturday, September 18, 2010 13:12
To: Neville, Elizabeth
Cc: Krauza, Lynne
Subject: Noise Ordinance Proposal
RECEIVED
8EP 2 0 2010
Soutflold Town
Dear Elizabeth,
During the summer I spend as much time as possible with my husband enjoying the peace and quiet that
nature provides us at 42 Sound Road. Our summer get-away from New York City was built by my father
in 1936 when across the road cows roamed and potatoes grew in the farm field behind us. Of course,
this was another era for sure and the time has now come for us to address noise pollution so we can have
our peace and quiet back..
I firmly believe that the original draft of the noise ordinance was clear, direct, and to the point.
Unfortunately the current ordinance to be voted on October 5th is watered down, weak, ambiguous and
left up to individual interpretation in two (2 most important sections.
1)
The sound must only be measured at the property / lot line of the offending party. That is it! No
arbitrary decision at the time of the offense as to where the measurement will be taken. The
wording is utterly ridiculous in 200-6 Standards which states that the noise pollution can be
measured beyond any lot line of the property. The decibel level must be measured under the same
conditions in each offending instance; otherwise, this becomes a wish-washy standard left to
individual whim. The Local Law must implement a procedure that is uniform across the board in
its application.
2)
The suggested penalties for violation of the noise ordinance are of so little consequence to the
offender that this entire "law" is a joke. Penalties for offenses 200-9 A states that the punishable
fine is not to exceed $500._.meaning that it could be as little as $10. The fine to be a penalty
must be a pre-established number that is applied to each offender alike. The amount to be fined
must not be an arbitrary decision that rests with the issuing officer as to what he or she thinks it
should be! A fine even at $500 will just be figured in as the cost of doing business and will be
ignored by a business establishment relying on noise amplification. The fine should be set at
$2000 for the first offense, escalate to $4000 on the second offense and $6000 on the third
offense...you get the point. After a third offense in 18 months, the fine needs to be $10,000. If the
law does not have teeth and substance, it is worthless, useless and a waste of time for
enforcement by the Southold Police Department and the Southold Code Enforcement..
Unfortunately I am unable to attend the hearing on October 5th to voice my opinion verbally. Since I
cannot attend, I trust that this written communication will carry the same weight and will lead to a strong,
clearly defined and non-arbitrary Local Law relating to the Prevention and Control of Noise Pollution in the
Town of Southold.
Respectfully,
Carole Greene-Mavity
9/20/2010
To the Esteemed Members of the Southold Town Board,
8EP 2 0 2010
Firstly let me thank you for the important and urgent initiative taken in putting into place
a much needed noise control law for Southold Town. I reviewed the Ilgl~[v~ ¢lcrl
available on the wabsite and find it ideal in all respects including the stated decibel levels,
although Scott Mclntire's comment in the 9/16 Suffolk Times expressing the need for
seriously sufficient penalties is very correct.
PLEASE address in a way that leaves no doubts, the issue of FIREARMS explicitly. It
is our best chance to do so. There are few noises as loud as guns and none more
frightening and threatening. At present the only regulations are the hunting laws
developed to cover the entire state of New York which allow a gun to be fired up to 500t~
from a house and as close as 200fi. if shot over water. What about work sheds,
children's play yards or pools? "I'm sorry I shot your grandchild" Kids explore and
they don't stay put.
One would think that good neighbor policy would prevail; but when people have a
house in say Garden City, a weekend house in Southold, and a ski condo in Vt, it must
be hard to even know who one's neighbors are much less care about them. I have been
told, "That's hunting," and "just trying to bird on the table." With 3 houses, one can't
afford a Perdue chicken?! In the present era of food stamps for those in need we need not
pretend that gunning or hunting is anything but "recreational." But does one man's
recreation have to be a torture and endangerment to the life of others?! Without explicit
prohibitions Southold will remain as it is now- a magnet for those with enough money
and rudeness to come here and do whatever they wish. The conservation officers,
policemen and the town justice system will bear the burden of any ambiguity in the
volume of complaints that would engender.
I have lived in this, my only home, in Southold and worked here also as a pediatrician for
30 years, all my adult life; having paid taxes on both home and office properties for the
same. Today on a beautiful late summer Sat I came home from working all day and
listened to a gun go offnext door every 5-7 sec fi'om 5:45pm to 7:10 pm. I am afraid to
work outside in my yard and it certainly is no longer pleasant to do so. Having spent all
my free time planting native shrubs and trees and setting up bird boxes for threatened
species which now nest here such as ospreys, bluebirds, purple martins and barn
swallows we now get to watch the incessant gunfire drive away all of the above as well
as the herons, egrets, kingfishers and woodpeckers from the creek.
Personally I am not opposed to hunting in truly low population areas, particularly with a
bow and arrow, or even an occasional shotgun blast at a raccoon trying to come through
a screen door, There akeady exist gun clubs with skeet and target ranges people can
utilize if that is their idea of fun.
In a civilized society we depend on our laws and those who craft them carefi~lly to protect
us. Southold is already fighting a difficult battle against the helicopters, let's take this
perfect oppommity to stop this additional torture and danger.
Anyone who has noticed the traffic can hardly doubt that the word is out that Southold
Town is a beautiful place. Our economic life actually requires preserving that since the
great majority come to enjoy the bounty of our farmstands, restaurants and vineyards and
enjoy our peaceful preserves and beaches. There is no need to pander to that small
minority for whom noise is fun.
Respectfully and desperately,
Nancy C. Pearson, MD
3258 South H~bor Rd.
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLKCOUNTYEXECUTIVE
DEPARTMENT OF PLANNING
THOMAS A. ISLES, A.I.C.P
DIRECTOR OF PLANNING
September 14, 2010
RECEIVED
Town of Southold
PO Box 1179
Southold, New York 11935
Att: Ms. Elizabeth A. Neville, Clerk
2010
Applicant:
Zoning Action:
Resolution No.:
Public Hearing Date:
S.C.P.D. File No.:
Town of Southold
Amendments Section 200-1 thru 200-9
"Control of Noise Pollution"
2010-727
10/5/10
SD-10-LD
Dear Ms. Neville:
Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County
Administrative Code, the above referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local determination as there is no
apparent significant county-wide or inter-community impact(s). A decision of local determination
should not be construed as either an approval or disapproval.
Very truly yours,
Thomas A. Isles, AICP
APF:ds
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN ~)F SOUTHOLD
September 8, 2010
Re: Resolution Number 2010-727"A Local
Law in Relation to the Prevention and Con~'ol of
Noise Pollution in the Town of Southold.
Martin Sidor, Chairman
Southold Town Planning Board
Southold Town Hall
53095 Main Road
Post Office Box 1179
Southold, New York 11971
Dem' Mr. Sidor:
The Southold Town Board at their regular meeting held on September 7, 2010 adopted the
resolution referenced above. A certified copy is enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to this proposed local law and forward it to me at your earliest convenience. This
proposed local law is also being sent to the Suffolk County Department of Planning for their
review. The date and time for this public hearing is 7:38P.M., Tuesday, October 5, 2010. Please
do not hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
Southold Town Clerk
Enclosure
cc: Town Board
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 8, 2010
Re: Resolution Number 2010-727"A Local
Law in Relation to the Prevention and Control of
Noise Pollution in the Town of Southold.
Andrew P. Freleng, Chief Planner
Suffolk County Department of Planning
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Freleng:
The Southold Town Board at their regular meeting held on September 7, 2010 adopted the
resolution referenced above. A certified copy is enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to this proposed local law and forward it to me at your earliest convenience. This
proposed local law is also being sent to the Southold Town Planning Depa~hl~ent for their
review. The date and time for this public hearing is 7:38P.M., Tuesday, October 5, 2010. Please
do not hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
Southold Town Clerk
Enclosure
cc: Town Board
RESOLUTION 2010-728
ADOPTED
DOC ID: 6194
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-728 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 7, 2010:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation tO the
Prevention and Control of Noise Pollution in the Town of Southold" to the Southold Town
Planning Board and the Suffolk Coun .ty Department of Planning for their
recommendations and reports.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES:
Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Page 1 of l
Cooper, Linda
From: Legals [legals@timesreview,com]
Sent: Tuesday, September 14, 2010 3:14 PM
To: Cooper, Linda
Subject: RE: 3 more legal notices
Hi Linde,
I have received the notices and we are §ood to §o for the 9/23 issue.
Thanks and you too have a §rear evenin§!
Candice
From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us]
Sent: Tuesday, September 14, 2010 2:54 PM
To: Suffolk Times Legals ,,
Subject: 3 more legal notices
Hi,
Attached hereto are 3 more Legal Notices of Public Hearings for the Sept 23, 2010 edition of the Suffolk
Times
Please confirm receipt. Thanks again and have a good day/evening.
Linda J. Cooper
Deputy Town Clerk
Town of Southold
631-765-1800
Life may not be the parly we hoped fo/; but as long as we are here, we might as well dance!
If you really want to be happy, nobody can stop you
9/14/2010
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of
Southold, Suffolk County, New York, on the 7th day of September, 2010, a Local Law entitled
"A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of
Southold"
and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road,
Southold, New York, on the 5th day of October, 2010 at 7:38 p.m. at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to the Prevention and Control of
Noise Pollution in the Town of Southold" reads as follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise
Pollution in the Town of Southold".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows:
§200-1. Title. This law shall be known as the "Prevention and Control of Noise Pollution Law
of Southold Town."
§200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a
respite from the noise and turmoil which has become an integral part of life in the city and
suburbs and which has even encroached into many resort areas on the East End. Crafting of
regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural,
almost nostalgic way of life while providing an atmosphere for businesses to flourish. The
existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has
become an increasingly, significant problem during recent years. Such noise pollution which is
prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare,
comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of
Southold. It is the public policy and findings of the Town Board that every person is entitled to
noise levels that are not detrimental to life, health and the enjoyment of his or her property. The
provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings
and for the purpose of protecting and promoting the public health, comfort, convenience, peace,
safety, welfare and prosperity of the Town of Southold and its inhabitants.
{}200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal
Home Rule Law to promote the public health, safety and general welfare of Town citizens
through regulations intended to govern noise pollution within the entire Town.
{}200-4. Definitions. As used in this Chapter, the following terms shall have their meanings
indicated.
AIRBORNE SOUND - Sound that reached the point of interest by propagation through the air.
AMPLIFIED SOUND - Sound which has its volume increased by electronic means.
CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity
or non-profit organization.
COMMERCIAL SERVICE EQUIPMENT - All engine-powered or motor-powered equipment
intended for infrequent service work in inhabited areas, typically requiring commercial or skilled
operators. Examples of commercial service equipment are chain saws, log chippers, paving
rollers, etc.
CONSTRUCTION DEVICE - Any powered device or equipment designed and intended for use
in construction. Examples of construction devices are air compressors, bulldozers, backhoes,
trucks, shovels, derricks and cranes.
dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose sound-level
meter complying with the provisions of the American National Standards Institute specifications
for sound-level meters, properly calibrated and operated on the A-weighing network.
DECIBEL ("dB") - The unit for measuring the volume of a sound based upon the pressure level
of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be
used to assure a consistent and standard reference for measuring sound.
HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine-powered or
motor-powered garden or maintenance tools intended for repetitive use in residential areas,
typically capable of being used by a homeowner. Examples of homeowner's light residential
outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc.
NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or
B. Is otherwise injurious, or tends to be, on the basis of current information injurious
to the public health or welfare; or
C. Disturbs a reasonable person of normal sensitivities;
D. Exceeds standards or restrictions established herein; or
E. Interferes with the comfortable enjoyment of life and property or the conduct of
business. The following are deemed to interfere with the comfortable enjoyment
of life and property or the conduct of business:
Yelling or shouting at any time that disturbs the quiet, comfort or repose of
person or persons residing or occupying an adjacent or neighboring property.
The using of, operating of or permitting to be played, used or operated,
any radio, receiving set, musical instrument, phonograph, television set
or other machine or device for the producing or reproducing of airborne
or amplified sound in such a manner as to disturb the peace, quiet and
comfort of the person or persons residing or occupying an adjacent or
neighboring property.
PERSON - An individual, association, firm, syndicate, company, trust, corporation, department,
bureau or agency or any other entity recognized by law as the subject of rights and duties
SOUND-LEVEL METER - An instrument for the measurement of noise and sound levels
including a microphone, amplifier, an output meter and frequency weighting networks which
comply with standards established by the American National Standards Institute (ANSI)
specifications for sound-level meters.
§ 200-5. General prohibition. No person or persons owning leasing or controlling the operation
of any source of noise on any lot or structure within the Town shall permit the establishment of a
condition of noise pollution. Except as provided in {}200-6, the use of amplifiers, speaker or
other machines or devices capable of reproducing amplified or airborne sound from the premises,
dwelling or building within the Town shall be considered noise pollution and shall be prohibited
at all times.
§ 200-6. Standards. No person shall create or cause to be emitted any noise pollution which
when measured at or beyond any lot line of the property on which such noise pollution is being
generated, exceeds the following standards:
Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in
excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in
excess of 50 dBA.
Friday and Saturday: (i) from 7:00 a.m. to 10:00 p.m. airborne or amplified sound in
excess of 65 dBA; and (ii) from 10:00 p.m. to 7:00 a.m. airborne or amplified sound in
excess of 50 dBA.
§ 200-7. Exceptions.
A. The provisions of §200-5 and §200-6 shall not apply to the following:
The intermittent or occasional use between 7:00 a.m. through 7:00 p.m. of
homeowner's light residential outdoor equipment with mufflers or commercial
service equipment, provided that such activities and such equipment and their use
comply with the other provisions hereof.
Construction activities between 7:00 a.m. through 7:00 p.m. and the associated
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
use of construction devices or the noise produced thereby, provided that such
activities and such equipment and their use comply with the other provisions
hereof.
Noise from agricultural equipment.
Noise from church bells or chimes used.
Noise from snowblowers, snowthrowers and snowplows when operated with a
muffler for the purpose of snow removal.
Non-amplified noise generated from lawful athletic or recreational activities,
events, or facilities.
Non-amplified noise-organized activities sponsored by any school district, private
school or fire district or department within the Town of Southold.
Noise from municipally sponsored celebrations or events.
Noise from lawful fireworks displays, parades, and other charitable and special
events held in accordance with all pertinent provisions of the Southold Town
Code.
Noncommercial public speaking or public assembly activities conducted on any
public space or public right-of-way.
Emergency construction or repair work.
Noise from the activities of any fire department, ambulance squad or similar
emergency or rescue organization in carrying out their official duties.
Noncommercial amplified sound that does not exceed the noise standard
established in §200-6 of this chapter.
Emergency stationary and mobile signal devices.
Audible exterior burglar alarms in operation for 15 minutes or less.
§ 200 - 8. Enforcement. The provisions of this chapter shall be administered and enfomed by
the Southold Town Police Department and the Southold Town Office of Code Enforcement.
§ 200- 9. Penalties for offenses.
Any person who shall violate the provisions of this chapter shall be guilty of a violation
punishable by a fine not exceeding $500; and upon conviction of a third or subsequent
offense within 18 months, punishable by a fine not exceeding $5,000. If such violation is
of a continuing nature, each one hour period of violation of any provision of this chapter
shall constitute an additional, separate and distinct offense,
In addition to any other remedy provided by law, the Town may bring an injunction
proceeding to enforce this chapter.
I1. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IlL EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Dated: September 7, 2010
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON September 23, 2010, AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX
1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
TC's Bulletin Board
Planning Dept
Town Board Members
Accounting Dept.
ZBA
Town Attorney
Bldg Dept
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the /q day of ~ ,2010, she affixed a notice of
which the annexed printed notice is a true copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit:
Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Re: Noise Ord
Sworn before me this
day of ~o.a~, 2010.
Noiary Pubhc
I.INDA d COOPER
NOTARY PUBLIC, State of New Yet
NO. 01CO4822563, Suffolk Count'j
'l'erm Expires December 31, 20
~__.~lizabeth ~. Neville
Southold Town Clerk
RESOLUTION 2010-727
ADOPTED
DOC ID: 6190
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-727 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 7, 2010:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 7today of September, 2010, a Local Law entitled "A Local Law in
relation to the Prevention and Control of Noise Pollution in the Town of Southold' now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
5th day of October, 2010 at 7:38 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to the Prevention and Control of
Noise Pollution in the Town of Southold" reads as follows:
LOCAL LAW NO. 2010
A Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise
Pollution in the Town of Southold".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows:
{}200-1. Title. This law shall be known as the "Prevention and Control of Noise Pollution Law
of Southold Town."
{}200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a
respite from the noise and turmoil which has become an integral part of life in the city and
suburbs and which has even encroached into many resort areas on the East End. Crafting of
regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural,
almost nostalgic way of life while providing an atmosphere for businesses to flourish. The
existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has
become an increasingly, significant problem during recent years. Such noise pollution which is
prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare,
comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of
Southold. It is the public policy and findings of the Town Board that every person is entitled to
noise levels that are not detrimental to life, health and the enjoyment of his or her property. The
provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings
and for the purpose of protecting and promoting the public health, comfort, convenience, peace,
Resolution 2010-727 Board Meeting of September 7, 2010
safety, welfare and prosperity of the Town of Southold and its inhabitants.
§200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal
Home Rule Law to promote the public health, safety and general welfare of Town citizens
through regulations intended to govern noise pollution within the entire Town.
§200-4. Definitions. As used in this Chapter, the following terms shall have their meanings
indicated.
AIRBORNE SOUND - Sound that reached the point of interest by propagation through the air.
AMPLIFIED SOUND - Sound which has its volume increased by electronic means.
CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity
or non-profit organization.
COMMERCIAL SERVICE EQUIPMENT - All engine-powered or motor-powered equipment
intended for infrequent service work in inhabited areas, typically requiring commemial or skilled
operators. Examples of commercial service equipment are chain saws, log chippers, paving
rollers, etc.
CONSTRUCTION DEVICE - Any powered device or equipment designed and intended for use
in construction. Examples of construction devices are air compressors, bulldozers, backhoes,
trucks, shovels, derricks and cranes.
dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose sound-level
meter complying with the provisions of the American National Standards Institute specifications
for sound-level meters, properly calibrated and operated on the A-weighing network.
DEC1BEL ("dB") - The unit for measuring the volume of a sound based upon the pressure level
of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be
used to assure a consistent and standard reference for measuring sound.
HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine-powered or
motor-powered garden or maintenance tools intended for repetitive use in residential areas,
typically capable of being used by a homeowner. Examples of homeowner's light residential
outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc.
NOISE POLLUTION - Airborne or amplified sound which:
A. Causes temporary or permanent hearing loss in persons exposed; or
B. Is otherwise injurious, or tends to be, on the basis of current information injurious
to the public health or welfare; or
C. Disturbs a reasonable person of normal sensitivities;
D. Exceeds standards or restrictions established herein; or
E. Interferes with the comfortable enjoyment of life and property or the conduct of
business. The following are deemed to interfere with the comfortable enjoyment
of lite and property or the conduct of business:
1. Yelling or shouting at any time that disturbs the quiet, comfort or repose of
person or persons residing or occupying an adjacent or neighboring property.
Updated: 9/7/2010 3:16 PM by Lynne Krauza Page 2
Resolution 2010-727 Board Meeting of September 7, 2010
2. The using of, operating of or permitting to be played, used or operated,
any radio, receiving set, musical instrument, phonograph, television set
or other machine or device for the producing or reproducing of airborne
or amplified sound in such a manner as to disturb the peace, quiet and
comfort of the person or persons residing or occupying an adjacent or
neighboring property.
PERSON - An individual, association, firm, syndicate, company, trust, corporation, department,
bureau or agency or any other entity recognized by law as the subject of rights and duties
SOUND-LEVEL METER - An instrument for the measurement of noise and sound levels
including a microphone, amplifier, an output meter and frequency weighting networks which
comply with standards established by the American National Standards Institute (ANSI)
specifications for sound-level meters.
§ 200-5. General prohibition. No person or persons owning leasing or controlling the operation
of any source of noise on any lot or structure within the Town shall permit the establishment of a
condition of noise pollution. Except as provided in {}200-6, the use of amplifiers, speaker or
other machines or devices capable of reproducing amplified or airborne sound from the premises,
dwelling or building within the Town shall be considered noise pollution and shall be prohibited
at all times.
§ 200-6. Standards. No person shall create or cause to be emitted any noise pollution which
when measured at or beyond any lot line of the property on which such noise pollution is being
generated, exceeds the following standards:
A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in
excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in
excess of 50 dBA.
B. Friday and Saturday: (i) from 7:00 a.m. to 10:00 p.m. airborne or amplified sound in
excess of 65 dBA; and (ii) from 10:00 p.m. to 7:00 a.m. airborne or amplified sound in
excess of 50 dBA.
§ 200-7. Exceptions.
A. The provisions of {}200-5 and §200-6 shall not apply to the following:
1. The intermittent or occasional use between 7:00 a.m. through 7:00 p.m. of
homeowner's light residential outdoor equipment with mufflers or commercial
service equipment, provided that such activities and such equipment and their use
comply with the other provisions hereof.
2. Construction activities between 7:00 a.m. through 7:00 p.m. and the associated
use of construction devices or the noise produced thereby, provided that such
activities and such equipment and their use comply with the other provisions
hereof.
3.Noise from agricultural equipment.
4.Noise from church bells or chimes used.
5. Noise from snowblowers, snowthrowers and snowplows when operated with a
muffler for the purpose of snow removal.
6.Non-amplified noise generated from lawful athletic or recreational activities,
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Resolution 2010-727
events, or facilities.
7.
Board Meeting of September 7, 2010
Non-amplified noise-organized activities sponsored by any school district, private
school or fire district or department within the Town of Southold.
8. Noise from municipally sponsored celebrations or events.
9. Noise from lawful fireworks displays, parades, and other charitable and special
events held in accordance with all pertinent provisions of the Southold Town
Code.
10. Noncommercial public speaking or public assembly activities conducted on any
public space or public right-of-way.
11. Emergency construction or repair work.
12. Noise from the activities of any fire department, ambulance squad or similar
emergency or rescue organization in carrying out their official duties.
13. Noncommercial amplified sound that does not exceed the noise standard
established in {}200-6 of this chapter.
14. Emergency stationary and mobile signal devices.
15. Audible exterior burglar alarms in operation for 15 minutes or less.
§ 200 - 8. Enforcement. The provisions of this chapter shall be administered and enforced by
the Southold Town Police Department and the Southold Town Office of Code Enforcement.
§ 200-
A.
9. Penalties for offenses.
Any person who shall violate the provisions of this chapter shall be guilty of a violation
punishable by a fine npt exceeding $500; and upon conviction of a third or subsequent
offense within 18 months, punishable by a fine not exceeding $5,000. If such violation is
of a continuing nature, each one hour period of violation of any provision of this chapter
shall constitute an additional, separate and distinct offense,
In addition to any other remedy provided by law, the Town may bring an injunction
proceeding to enfome this chapter.
II. SEVERABIL1TY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
II1. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Vincent Orlando, Councilman
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Resolution 2010-727 Board Meeting of September 7, 2010
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Updated: 9/7/2010 3:16 PM by Lynne Krauza Page 5