Agawam construction noise vote clarifies that ‘prep work’ means ‘quiet’
AGAWAM — City councilors had a little more to say on the subject of noise before finally approving a new town law last week.
Agawam councilors agreed, 10-0, to add two words — "quiet time" — to a zoning rule setting limits on how early construction work can begin.
The version approved Oct. 20 specified that builders had to wait until 7 a.m. on weekdays but could engage in "prep work" as early as 6 a.m. For the second of two required votes, on Nov. 5, Councilor Robert E. Rossi asked to clarify that early prep work is only allowed if it doesn't disturb the neighbors.
He said adding "quiet time" as a description of the allowed prep work would make it clear that "you can't start up heavy equipment, you can't be running tucks and power tools."
Councilor Anthony J. Russo, one of the original sponsors of the amendment, had said the purpose of prep time was for contractors to have a few individuals on site an hour before construction begins, laying out materials and tools. That way, he said, work can begin promptly when the whole crew arrives at 7 a.m.
He described Rossi's proposal as "a fair amendment" in keeping with the intent of the ordinance as originally written. Russo's first proposal was to allow construction work from 6 a.m. to 8 p.m. on weekdays, 8 a.m. to 6 p.m. on weekends. A workday starting at 7 a.m. is the industry standard, he said, and the 6 a.m. time was intended to allow prep work.
Rossi had spoken against the ordinance at two previous meetings, warning that Russo's wording would lead to contractors making noise at 6 a.m. and prep work beginning even earlier.
Feeding Hills resident Stephen Czerpak renewed his request that the town adopt construction hours recommended by the Massachusetts Association of Health Boards, which he said would force work sites to go silent at 6 p.m. on weekdays and 5 p.m. on Saturdays, with no construction noise permitted on Sundays and holidays. Rossi did not include any changes to evening or weekend hours in his amendment.
"I know from experience, construction people don't work until 8 o'clock," Rossi said. He said most construction sites close at 3:30 p.m., to keep workers on a 38.5-hour work week.
There is a state law mandating "quiet time" from 11 p.m. to 7 a.m. daily, said Rossi. Proponents of the local ordinance said its purpose is to make the construction schedule part of the town's zoning code, which would allow the building inspector to enforce it. Police enforcing a state law can only issue fines, but if a building project violates a zoning ordinance, the inspector can order work stopped.
When the original ordinance proposal came up for a vote on Oct. 6, Rossi was one of four who opposed it, including councilors George Bitzas, Gerald F. Smith and Maria F. Valego. Bitzas proposed the "prep work" compromise on Oct. 20, and Smith and Valego also joined the majority in supporting it.
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