The Town of Forestburgh Town Board held a Special Meeting on Wednesday, February 21, 2018 at the town hall.

Supervisor Hogue called the meeting to order at 4:19 p.m.

Roll Call: Present – Daniel S. Hogue, Jr., Supervisor

Karen Ellsweig, Councilwoman

Steve Budofsky, Councilman

Absent – John W. Galligan, Councilman

Susan Landis, Councilwoman

Recording

Secretary – Joanne K. Nagoda, Town Clerk

Supervisor Hogue announced that this is a workshop to review information for the possibility of introducing a noise ordinance. The zoning committee has discussed this at their last meeting and has submitted a list of items to be considered for a noise ordinance. The recommendations of the zoning committee were read and reviewed. Discussion was then held on enforcement, the use of a decibel meter having a trained person to use it, the use of fines. Also discussed was the usage by time, for example 8:00 a.m. to 8:00 p.m. or boundaries like 100 feet from a property line. The recommendations included but were not limited to animals, tools, vehicles, engines, lawn maintenance equipment, excluding emergency equipment, alarms, snow removal equipment, sound systems and firearms, excluding ranges that are currently in use.

Discussion was held on the time frames, that since the construction season here is so limited, perhaps that could be broadened somewhat. Sunrise and sundown were discussed as options. Discussion was also held on having certain hours during the week and later hours on the weekends.

Discussion was held on enforceability andwhat is needed in the law to stand up in court and that what is being recommended here is clear, precise and not arbitrary or capricious.

Roll Call – Councilwoman Landis present.

Councilwoman Ellsweig asked if we have any idea how many noise complaints we receive in any given time. Supervisor Hogue replied not really because everyone knows we don’t have anything on the books. Discussion was held on enforceability across town lines and if there is a noise ordinance in the Town of Thompson. Discussion was also held on the discharging of a firearm within one thousand feet of any dwelling when the state law is five hundred feet.

Exemptions from this proposed legislation were discussed as were the permitting for special events, like music on certain nights from the proposed campground that was just approved or ongoing programs with the scout camps.

The board felt this was a good starting block and was in agreement to send this on to the attorney for compilation into proposed legislation.

Discussion was then held on the Forestburgh Playhouse and the cabaret going on later than this would allow and it was determined that they too could apply for a permit to permit the music and performance sounds. We know we have special uses that we want to allow to continue, so we need to provide something in here to provide enough freedom for those things to continue but yet control the unnecessary and unwanted noise like excessive gunfire etc.

Councilman Budofsky will forward this all on to Attorney with our concerns and have her review it and prepare it.

ADJOURNMENT- MOTION by Supervisor Hogue to adjourn at 5:11 p.m.

Respectfully submitted,

Joanne K. Nagoda,

Town Clerk

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