Calling a rule that no noise-making construction work can take place on weekends at the New Canaan Field Club unfair, burdensome and likely not enforceable, an attorney representing the club on Tuesday night urged planning officials to do away with the requirement.
This is the south elevation of the proposed, expanded pavilion at the New Canaan Field Club, from PH Architects of Newtown.
The Planning & Zoning Commission made the weekend restriction a condition of approval in green-lighting the expansion of a pool pavilion at the club six months ago. Glen Drive area neighbors concerned about noise, visibility and real estate values had fought against the project, which P&Z ultimately approved on 16 conditions.
The last of those goes beyond even the town’s own noise ordinance, David Rucci of Main Street’s Lampert, Toohey & Rucci LLC told the commission at its regular monthly meeting.
A rendering of the proposed, expanded pavilion at the New Canaan Field Club, from PH Architects of Newtown.
“We do not think that it is really a fair burden to put on us in this particular application,” Rucci said during a public hearing, held in the Sturgess Room at the New Canaan Nature Center.
“I think it’s actually a burden to us and to the neighbors as far as the process of how quickly this will get done. What I’m talking about specifically is the noise ordinance itself, which allows work to be done on Saturdays and Sundays in certain time periods and what the condition did in our particular case—it was the last one added, that we can do no noise-making work on Saturdays and Sundays—is going to be very difficult for us, as far as this project, paying for the project, getting it done in a timely manner because we only have a short period of time in which to do it before this club reopens for the summer again. And as you recall, most of the work is being done in and around the pool area. The challenge for us is if we are not able to work on weekends like anyone else would be able to work on the weekend.”
Rucci urged the commission to check with the town’s counsel on whether a provision that “one-ups” the adopted noise ordinance is itself legal. (Ultimately, P&Z continued the matter to its next meeting in order to do just that.)
Specifically, the club is seeking to eliminate the words ‘only from Monday-Friday’ from this condition: “Noise generating construction activity, including, but not limited to excavation, sawing, hammering, etc. shall occur only from Monday-Friday as permitted in the noise ordinance.”
Speaking on behalf of the neighbors, Kelly Hennigan of 111 Glen Drive said that very few of the conditions that came with the Special Permit approval for the club’s project back in September actually benefitted the neighbors, though the one prohibiting loud construction work on weekends did. Despite Rucci’s claim that the club had been surprised by the condition on receiving approval for the project, Hennigan said it had been an openly and fully vetted matter.
“There were a number of times where the neighbors expressed concern about the level of noise that would be generated as a result of this project, and even as a result of the project being completed,” she said.
“So now we are back here addressing this topic again to allow the construction work to occur on both Saturdays and Sundays. We certainly appreciate that the club wants to finish the project in a timely fashion, but once again, they prefer to do so at the expense of inconveniencing us, the neighbors, on weekends. They also want to defer construction to the fall, because they don’t want to disrupt the club members and the summer activities that they participate in. So once again, they are benefitting the club and members at the expense of the neighbors.”
According to Hennigan, regarding the open legal question of P&Z’s right to restrict noise-making construction as the commission has attempted to do, the YMCA has a restriction that it cannot work on Sundays.
Hennigan added that, from a procedural perspective, the town’s regulations at this stage call not for an amendment to an existing Special Permit but a new application altogether.
Finally, she noted that another condition of approval—that the club supply a liaison to whom neighbors could reach out via email or cellphone with questions or concerns—has not yet been met.
Rucci conceded the point when asked about it by commissioners: “It was an oversight and it should not have happened and that obviously is something that does not make us look very good.”
P&Z Commissioner Dan Radman, a member of the club, recused himself from the discussion. Chairman John Goodwin asked whether the club knew how much more speedily the project could get done if weekend work were allowed. While a contractor and construction crew has not yet been hired to do the work, Rucci said the question of time (and associated costs) has come up at every interview with candidates.
Commissioner Dick Ward asked whether the club would be agreeable to Saturday construction work that made noise but not Sunday. Rucci said it would be preferable to the restriction now in place.
Though he stopped short of saying that weekend work would proceed regardless of the application, Rucci did question the enforceability of the restriction.
Though the police or even town planner as zoning enforcement officer can see through certain regulations on the books, it isn’t clear what would happen if a neighbor complained about weekend work and phoned the police for help in assisting a condition of a Special Permit, Rucci said.
“I just don’t know if you want to start sort of down that road with those particular things and like I said, obviously that conversation could have happened during the hearing [last summer], it just didn’t.”
I also think it is very difficult, the provision for this commission to police. The noise ordinance in and of itself it you look at regs does give the police you can authorize the TP to deal with certain things as far as enforcing the NO but in this particular case since you sort of one-upped it to a different level, it’s going to be difficult to say Who do you call? Talking as a precedent, call police or someone. Say well you know what? It’s the noise ordinance, go back to SP well that’s a little bit different. I just don’t know if you want to start sort of down that road with those particular things and like I sadi obviously that conversation could have happened during the hearing, it just didn’t.