Darien Selectmen Approve Suggestions For Potential Noise Ordinance

DARIEN, CT — The Darien Board of Selectmen on Tuesday night unanimously approved suggestions for a town noise ordinance.

Rather than getting into a detailed discussion, the board decided to approve general guidelines that can now go to the Representative Town Meeting for their consideration for a complete noise ordinance.

Darien currently follows state statutes on noise.

First Selectman Monica McNally originally brought forward the idea for a noise ordinance in July. At the time, she noted her office had received complaints from a number of residents ranging from construction sites to gas-powered leaf blowers.

"I gave this a real, real lot of thought. I think there are kind of three areas [of noise] to look at. One is construction, another is general, and another is your lawn maintenance. I think instead of us trying to dive into this and dissect it, this is going to take a really, really long time for the RTM to figure out," she said Tuesday.

According to the suggestions approved by the board, which were based on research of other ordinances in nearby towns conducted by Town Administrator Kate Buch, garbage haulers would only conduct pickup between 6:30 a.m. and 8 p.m. Monday through Saturday.

In July, Selectman Sarah Neumann said she had heard complaints about garbage trucks making their rounds early in the morning before sunrise.

Professional landscape services would be allowed from 8 a.m. to 8 p.m. Monday through Saturday, and 8 a.m. to 3 p.m. on Sundays and holidays.

In some towns, Buch said there is a differentiation between the time garbage haulers can start in commercial zones, and the time they can start in residential zones.

Selectman Marcy Minnick said she wanted to hear feedback from garbage haulers, and she wondered how setting a start time would then affect traffic, especially with school buses on the road.

Additionally, snow removal is generally exempt from most noise ordinances, Buch said.

There were no recommendations on limiting construction noise.

"If you're going to do this, say to the RTM we want to have a noise ordinance and these are important things we want to have included knowing they can change what you recommend," Buch told the board at the beginning of the discussion.

Selectman Jon Zagrodzky said he wasn't concerned about including an end time for garbage haulers and landscape services, because he felt it was more of a sleep disruption issue in the morning.

McNally said she felt an end time was important if, for example, a family was planning to have a barbecue at 3 p.m. on a Sunday. She said that the family should know their neighbor isn't going to have lawn service going on at that hour.

Many towns are including specific language in noise ordinances regarding the use of gas-powered leaf blowers.

Zagrodzky said Tuesday that at the moment he wasn't in favor of having "a complex set of hours" with "14 different circumstances depending on the equipment" used in landscaping.

"I don't want to do that. I don't like the idea of restrictions by equipment type, or making this an environmental issue. At some point I think that's fine," Zagrodzky said.

Regarding the enforcement of any noise ordinance, McNally said she spoke to Darien Police Chief Donald Anderson. Currently, Anderson enforces any noise complaints.

"He said he'd support a reasonable, workable ordinance that the majority of our residents want. This should be overseen and adjudicated by the town with a fair and balanced hearing officer," McNally said, quoting Anderson.

McNally said she expects the RTM to extensively vet any potential noise ordinance, and the board agreed it could take some time for the legislative body to come up with an ordinance that satisfies everyone.

Zagrodzky said he'd like to see the RTM include a sunset clause in any noise ordinance so the town can examine the efficacy after a year or so.