Town Board OKs Noise Ordinance, Factory Avenue Parking Restrictions

As Supervisor Scott Russell started to explain a resolution passed on Tuesday afternoon, Councilman Al Krupski, sitting to his left, gave him a, "shhhh" - unlike Krupski, usually polite and professional.

However considering the resolution Russell was addressing - Southold's noise ordinance, a long-awaited respite to some for rowdy neighbors and loud businesses  — Krupski's actions came with a bit of relief after unanimous passage of the legislation, an effort that took the town years to craft and finalize. 

And Russell said he recognizes there will still need to be work done on it in the future. He has stated at previous meetings that the legislation "by no means portends to be the solution" to issues that sometimes are simply neighborly disputes, other times far more complex.

"This is not an all-encompassing code," he said. "There is undoubtedly going to be noise in any community that is living and breathing and working and dying. This is about unreasonable noise at unreasonable levels at unreasonable hours."

Southold is the last town in Suffolk County to adopt a noise ordinance.

As early as Tuesday morning, the board debated how the noise ordinance would be enforced, particularly whether police officers will use a noise meter on the property of the supposed violator or at the property line of the complainant. Ultimately the board decided that noise complaints will be taken from the property line of those complaining about noise.

While adjusting the fine scale was suggested at a public hearing on July 5, the fine schedule remains as the town originally proposed: up to $500 for a first offense; up to $2,500 for each subsequent offense, with each continuing hour of violation considered a separate offense.

According to the code, dBA (the standard used to measure sound) above 65 between 7 a.m. and 7 p.m. will be non-compliant, as will dBA above 50 from 7 p.m. to 7 a.m. The levels exclude a list of 15 activities, including agricultural and light residential equipment use, daytime construction, and any non-amplified noise generated as a result of school or sporting activities.

Factory Avenue Parking Restrictions Passed

Partly in response to public outcry over heavy use of Factory Avenue - due to substandard delivery areas in the Waldbaum's shopping center, they say - the town board unanimously approved parking restrictions on the Mattituck road, which also serves as a connecting road between Route 25 and Sound Avenue.

LeRoy Heyliger is a deacon at the Unity Baptist Church, which has opposed overdevelopment of the dense Mattituck corridor. Heyliger expressed optimism about the code changes. 

"I think they will be a big help," he said. "There are still some problems over there, but this is a step in the right direction."

According to the original proposal, from the Long Island Rail Road property to Old Sound Avenue, parking would have been completely prohibited. South of the L.I.R.R. property to the entrance of the shopping plaza would be limited to 30 minutes standing time per vehicle.

The board took the Planning Board's suggestions into consideration and changed parking north of the railroad tracks off-limits just for commercial vehicles.

Councilman Bill Ruland said after speaking with Chief Martin Flatley on Tuesday, "enforcement will begin right away."