‘Quiet prep’ compromise paves way for Agawam noise law
AGAWAM — While town leaders couldn't decide whether 6 a.m. or 7 a.m. is too early for construction work, one councilor said neighbors were suffering from the lack of any law at all.
Dino R. Mercadante told his colleagues on the Agawam City Council that builders' trucks were rolling on Maynard Street as early as 4:55 a.m. this month, just days after the council failed to agree on an ordinance setting an allowable time window for noisy construction work.
"Don't pass the ordinance and you have no protection," Mercadante said. "Pass the ordinance and you have some protection."
At its Oct. 20 meeting, the council voted 10-1 to support an amendment from Councilor George Bitzas — one of four holdouts who prevented the ordinance from passing Oct. 6 — that would set a construction window of 7 a.m. to 8 p.m. on weekdays, but would allow quiet preparation work to begin at 6 a.m.
The Oct. 20 vote is the first of two positive votes the ordinance needs before it can become law. The council is expected to take a second vote at its next meeting, Nov. 5.
Councilor Anthony J. Russo, one of the sponsors of the original proposal, called it a reasonable compromise. He said "7 a.m. is the standard" start of the workday at building sites, and the intent of the 6 a.m. start time in his version of the ordinance had been to allow for preparation work.
Preparation will only begin at 6 a.m. "on occasion, not always," said Russo, citing his experience of more than two decades on building sites across Massachusetts.
"We do not want heavy, disruptive noises before 7 a.m. That's what this amendment does," Russo said. "It says, 6 a.m., OK, a couple of guys can come in and do quiet prep."
Robert E. Rossi, the only councilor who voted against the compromise, objected to the earlier start for preparation work. He said he was not concerned with "the convenience of construction workers." Rather, his sympathy lay with Agawam residents, who in his view should be able to expect quiet in their neighborhoods until 7 a.m.
Councilor Thomas D. Hendrickson said Agawam residents are not only homeowners — some are also contractors and laborers who work on construction projects. Additionally, he said, all local taxpayers have a financial interest in keeping the $230 million Agawam High School project on time and on budget.
"That could potentially run up the cost of that project, significantly, if we cut an hour out of their work day, every day," Hendrickson said.
Agawam does have a general ordinance prohibiting unreasonable noise, but the only way to enforce it is calling the police to issue fines. The construction noise ordinance would be enforced by the town's building inspector, who can issue orders halting work on a project.
Neighborhood views
For the second meeting in a row, the council heard from Feeding Hills residents upset about noise from construction sites near their homes on South Westfield Street.
Stephen Czerpak recommended starting construction hours at 7 a.m. — the policy the council voted to adopt — but additionally objected to the portions of the original ordinance that would allow construction to continue until 8 p.m., and would permit work on Sundays and holidays.
The council compromise made no change to the proposed ordinance's weekend hours of 8 a.m. to 6 p.m. The proposed ordinance does not place any restrictions on holiday work.
Although only four councilors voted against it, the original ordinance failed to pass because it needed a supermajority of at least nine of Agawam's 11 councilors.
Apart from Bitzas and Rossi, the other two councilors who voted for shorter construction hours on Oct. 6 were Gerald F. Smith and Maria F. Valego. Both supported the compromise Oct. 20.
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