Debate On Proposed Noise Ordinance Continues

The Vienna Town Council has delayed a vote on changes to the section of Vienna's noise ordinance that deals with construction and lawn maintainence equipment, continuing a months-long debate to allow more time for public input.

The ordinance has found a new opponent in , whose members told the Council at its meeting Monday night that restricting mowing on Sundays and holidays, and implementing a later start time on Saturdays, would "negatively impact operations."

Under the proposed ordinance, , work in residential areas would not be permitted on Saturdays until 9 a.m., instead of 7 a.m. as the current code states. It would continue to ban contractor work on Sundays, along with lawn mowing, excavation, demolition and other construction activities, and would also specifically ban this work on six federal holidays: Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas and New Year's Day.

Any of these activities that are done for pay would be prohibited on Sundays, according to the proposed code. Residents would be permitted to do this type of work on their own home on Sundays after 9 a.m.

The country club does their lawn service in-house, not through contractors, Westwood representatives said. Lynne Strobel, a lawyer who spoke on behalf of hte country club, said starting at 7 a.m. was crucial "to maintain the professional quality of the golf course." Country Club President Matt White said crews begin mowing in the middle of the property, working their way toward the edges of the property that border nearby neighborhoods. He said he's not aware of any noise complaints from those residents to date.

Strobel said she'd like a chance to have more dialogue with town officials, perhaps to create an exemption for the club since it provides open space, recreation and revenue for the town, she said. That exemption could be extended to other recreational facilities as well, she said.

Councilman Mike Polychrones noted that the country club is membership based, and not open to the public.

Town Attorney Steve Briglia said while the council was "trying not to draft an ordinance for every property," it may want to examine other recreational facilities that could be unintentionally affected by the ban -- like the Caffi Fields, which use tractors to maintain the dirt softball diamonds.

"Especially in the summer, I imagine they start before 9 a.m.," he said.

Another issue that continued to draw opponents was banning all work for pay on Sundays -- the same issue that prompted Council Members Howard Springsteen and Edythe Kelleher

"[This]includes not only commercial firms, but the teenager from down the street and the teenager in my own home, whom I'm paying $20. I could not support that the way this is worded," Kelleher said last month.

Resident Judi Medwedeff, whose 19-year-old son hires several high school students for his own lawnmowing and snow removal service, said he does 80 percent of his business on the weekend and that a ban on Sunday would hurt the company, along with other high school students who are hired by their neighbors to complete yardwork.

"[The ordinance says] nobody could be paid to do anything on a Sunday. The word commercial isn’t in there," she said.

Resident Mark Davis said he found that a Sunday prohibition "does nothing to really evade noise." 

"I don’t find that it does anything for noise," he said. "I have neighbors who have lawnmowers without mufflers. If you are really concerned about noise, address noise."

There will not be another public hearing before the council revisits the vote on May 23, but residents can submit comments and concerns to council members, or Mayor Jane Seeman at mayor@viennava.gov.

Other highlights of Monday's meeting:

• Adoption of a proposed amendment to Chapter 18, Zoning, Article 4, General Regulations and Uses, Height and Area, Section 18-11.A.,
• Adoption of
• Approved carry-forward funds from the Fiscal Year 09-10 for the town's DPW 
• Authorized the purchase of one Ford Cab & Chassis and a 9-foot Dump Body
  through the Town of Vienna Vehicle Replacement Program. The truck will be better equipped to plow snow and navigate roads in bad weather, town representatives said.