A public hearing on revisions to a bylaw in Edgartown that regulates hours for construction and landscaping crews drew lively and varied comments during the regular selectmen’s meeting on Monday afternoon.
Proposed by the selectmen, the bylaw changes are expected to come before voters at the annual town meeting in April. The revised bylaw would slightly alter the hours when construction is allowed, with a start time half an hour later in the morning and a finish time half an hour earlier at night.
The proposed new bylaw states that construction and maintenance (including excavation, demolition, alteration, repairs, landscaping) of any building is limited to the hours of 7:30 a.m. to 6:30 p.m. on weekdays and between 8:30 a.m. and 5 p.m. on Saturdays; no work is permitted on Sundays and holidays. The bylaw applies to contractors, not homeowners who are performing do-it-yourself chores, and includes a $50 fine for violators.
Construction noise has been a growing issue in town where many homes have undergone extensive renovation work in recent years. Last winter the owner of a bed and breakfast on Simpson’s Lane lodged a complaint with the town about excessive noise and dust from a large project at the former Shiretown Inn nearby.
“Is it too much to expect of a person who is supposed to have a reasonably quiet atmosphere in their house?” said Edgartown resident Sylvia Thomas. “Why should they have to listen to excessive pounding?” She asked that the bylaw be even stricter, with construction ending by 3 p.m.
Contractors had a different view, especially noting the implications for the off-season, when many work crews scramble to finish projects before summer.
“Reasonableness is the key word,” said Norman Rankow, owner of Colonial Reproductions. “We always try to work with the neighbors. I can’t think of a situation where we weren’t . . . There’s a lot of things can be done inside that you won’t hear that can keep homeowners happy. I’d like to see it [stay] at 7 a.m. to 7 p.m.”
In the end selectmen said they would appoint a committee to study and fine-tune the changes based on the comments heard.
“We need to put together something more concrete,” said selectman Michael Donaroma, who owns a large landscaping company. “I think the enforcement problem is you can get unreasonable neighbors, it happens . . . there’s a lot more we can put in there to make it run smoother.”
In other business, selectmen voted to approve the dates for scallop season based on the recommendation of the town shellfish committee.
Family scalloping opens today with a limit of one bushel a week. Family dragging at Cape Pogue opens Oct. 16 and commercial scalloping opens Oct. 18 in all areas except for Sengekontacket Pond, which opens to commercial dip-netting Nov. 1. Sengekontacket, which opens to all shellfishing today after a summer-long closure, will be limited to family scalloping for the month of October. Dragging is prohibited in Sengekontacket for the entire season.
Shellfish constable Paul Bagnall said he will be appealing to commercial scallopers to help move seed at Cape Pogue, where there is an unusually heavy set of seed this year. “We have a situation at Cape Pogue that is fortunate for us,” Mr. Bagnall said. He cautioned that once the adult scallops are harvested at Cape Pogue gut, the area is likely to be closed to protect the seed. There will be good scalloping at Poucha Pond, Eel Pond and in the outer harbor, the constable predicted.
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