NOISE BYLAW IS UNREASONABLE
by James Lydon Sponsor of Article 54
Rather than pen an outright editorial against the noise bylaw and preach to the choir, I am going to put out as much of the information as possible that formed that position. It is all public knowledge and it can all be verified if anyone makes the effort.

From February 2006 to February 2007 there were approximately 540 disturbance calls made to the Nantucket Police Department. Four hundred and thirty of these calls were made between 10 p.m. to 6:30 a.m. About 340 of these calls were made between Memorial Day and October 1.

During the same twelve-month period there were twelve disturbance calls made to the Nantucket Police Department between 6:30 a.m. to 7:30 a.m. Two of these were from inns, one from Stop & Shop and one came in on a Sunday, leaving a maximum possible work related noise complaints for the entire year at eight.

Prior to last year's Town Meeting I obtained the public log for February 2005 to February 2006 and those numbers were nearly the same.

My point is that the real noise problem is at night and during the summer whereas the morning complaints are nonexistent. The Nantucket Police Department would be far better served if we addressed solving the summer night noise issue that is very real and is rarely caused by anyone that actually lives and works here.

The projects being done around town creating the most noise are either exempt from the bylaw or have been given waivers. The Town of Nantucket is exempt, so when they crank up the lawnmowers at the schools (one of the most congested neighborhoods on island) they start long before 7 a.m. Downtown the town's street sweeper starts at 5:30 a.m. three days a week. The water project on Brant Point has a 24/7 waiver. The Electric Company cable project has a 24/7 waiver. The company tearing down the old sewer plant has a two year waiver so they can start at 7 a.m.

At the Selectmen's meeting when the waiver was asked for on the Sewer Plant Project, Mike Kopko was reluctant to grant a waiver and said one was not needed because "if no one complains there is no crime." Deputy Chief Gibson explained that it is a violation regardless and the waiver was granted.

At the Finance Committee meeting where the noise bylaw article was discussed, Rick Atherton asked me if I had asked for a waiver myself. The answer is no, simply because a waiver must be issued for each project and location and since we - as do most tradesmen working outdoors - change our locations several times a week that would be impossible. My attempt to turn the time back to 7 a.m. is my permanent waiver, and it is for all the same reasons the town is exempt and the other waivers were given. Between the weather, flight cancellations, parking in town and work schedules we need the relief just as much as they do. We just need them in more locations and for shorter time spans.

My last bit of information is more current. My understanding of the noise bylaw based on the discussion at Town Meeting and from reading the entire law was the law was very specific as to what was allowed prior to 7:30 a.m. and what wasn't. One of Mike Kopko's assurances was that the law did not prevent tradesmen from working, only from making excessive noise. I think he said, "Be creative." Landscapers could rake, carpenters could set up equipment, painters could paint, etc. On that premise, and from the bylaw's listing of power tools, musical instruments, generators, etc. we have continued to start work at 7 a.m. We don't have any music on the job. We don't use power tools or compressors until after 7:30 a.m. if at all.

Last Thursday morning we were working in 'Sconset. It was 25 degrees at 7 a.m. As usual we unloaded the trucks, set up some equipment and staging and started work. At 7:10 a.m. a woman drove to our job to demand we stop work until 7:30 a.m. because we woke up her dog. In reality her dog was in violation of the law. Come to find out she lives over 100 yards from the job site. At 7:25 a.m. a Nantucket Police Officer came to the job and had us stop work for five minutes. It took him that long to locate us because he was driving up and down the street in front of the house (we were in the back) and he could not find us for lack of noise. He was extremely polite and not the least bit argumentative. He did explain to me that "there was no threshold of noise volume to constitute a violation. . . . If I was in my backyard having coffee and talking to my wife at 7:15 a.m. and somehow bothered my neighbor, I would be in violation of the law. . . . A phoned-in complaint makes it a violation. . . . I have no say so in deciding if a complaint is legitimate." He also apologized for being there but, with the bylaw as written he had no choice. He also explained how the violations worked. First offense is a warning, second offense is a $200 fine and the third is arrest and prosecution. I wonder how many of the 554 calls last year resulted in $200 fines. He also mentioned that the Police Department has gone out and actually made people come out of their homes prior to 7:30 a.m. and shut off their running trucks or face fines because a neighbor actually complained about a vehicle warming up. Must not be someone who has to drive their kids to school. This incident was confirmed at the selectmen's office because the vehicle owner came to file a complaint because he was so upset.

Again, don't read this as a criticism of the Nantucket Police Department. Deputy Chief Gibson isn't thrilled about the way the law is written and also mentioned that the department was never asked for its input when it was written or voted on.

Not only do I think the law should be changed back to 7 a.m., but that very specific rules are established so we don't get in hot water for working

too hard or bothering anyone's dog. I