Esopus officials set to revise noise law - The Daily Freeman

ESOPUS, N.Y. – Town Board members are expected to come back with a revised noised ordinance by the end of the month.

Supervisor Jared Geuss said that revisions are expected to be completed after officials consider all the public feedback.

“We tabled it for two meetings or three meetings and now we’re back looking at … all the public comment responses,” he said after a meeting last week. “(Consultants) are going to draft a new noise ordinance that will then be set for public comment…So it will have to go through the whole process.”

A speaker during a public hearing earlier this year described problems with the noise from motorcycles. Another resident loudly objected to the idea that his own activity could be interpreted as infringing on a neighbor’s peaceful use of the property.

That issue was raised during the meeting last week, when property owner Stephen Bailer said noise complaints are being unfairly raised when he works on this 32-acre parcel.

“I’m pretty active in the morning and I like to get my chores done and get out and get busy,” he said.

Among those concerns has been Bailer’s use of an all-terrain vehicle to move material from one part of the property to another.

“I’m all for peace and quiet,” Bailer said. “I’m not here to promote ATV racing. There is no ATV race track on my property, there is no recreational use of ATVs.”

Officials are seeking to exclude commercial property uses from the law, with noise from businesses covered through the site plan review process.

Versions of the proposed law issued during the past year have sought to regulate non-commercial sound based on a standard of “unreasonable” noise involving volume, frequency, whether it is unusual or incongruous with the surrounding environment, the proximity to other properties, the character of the zoning district, and the duration of the noise.

Unreasonable noise would be sound that could “annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities.”

A sound that exceeds 65 decibels would be prohibited from residential properties between 9 p.m. and 7 a.m. Sunday through Thursday and 9 p.m. to 8 a.m. on Friday and Saturday.

source: https://www.dailyfreeman.com/2021/11/01/esopus-officials-set-to-revise-noise-law/

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