Representative Town Meeting Regular Meeting (linked)

July 12, 2023
To: Mr. Paul Goldstein, Moderator RTM
At the RTM Regular Meeting on October 4, 2021 following public comment and discussion The
RTM voted unanimously to refer the review of the Noise Ordinance (Chapter 9.06 — Noise
Control) to the Public Health Recreation & Environment Standing Committee of the RTM. The
standing committee convened four times since receiving its charge. After considerable research
and deliberation the consensus of the Public Health, Recreation and Environment standing
committee of the RTM is that creating a more enforceable ordinance may be too restrictive to
residents and businesses.
Residents expressed through counsel at the January 30, 2023 Public Health, Recreation and
Environment Standing Committee meeting, that the remedy to their concern best be addressed
through the Planning and Zoning Commission and not through ordinance. Thus, the Standing
Committee recommends the RTM asks the Planning and Zoning Commission to review its
process of issuing special permits to address the potential confluence of residential and
commercial zones. Please see attached letter the Committee recommends for the RTM to
forward to the Planning and Zoning Commission.
Sincerely,
Michael A. Bono
Chair Public Health, Recreation and Environment
District 4 - Representative Town Meeting
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FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www.waterfordct.org
PUBLIC HEALTH, RECREATION AND ENVIRONMENT STANDING COMMITTEE OF THE
RTM COMMITTEE REPORT
Review of the Noise Ordinance (Chapter 9.06 — Noise Control), rte 10/4/2022
Background
At the RTM Regular Meeting on October 4, 2022 following public comment and discussion The
RTM voted unanimously to refer the review of the Noise Ordinance (Chapter 9.06 — Noise
Control) to the Public Health Recreation & Environment Standing Committee of the RTM
Summary :
This committee met February 22, 2022, June 30, 2022, August 30, 2022, January 30, 2023 and
July 12, 2023. The committee met to discuss goals and objectives at its February 22, 2022
meeting. The committee tasked the town attorney at its June 30, 2022 meeting with research
related to those goals and objectives. The town attorney presented research to the committee at
the August 30, 2022 meeting. At the January 30, 2023 meeting the committee heard input from
the Town Attorney and the Chief of Police. The Committee decided that making the ordinance
more enforceable may be too restrictive to residents and businesses. The committee then
tasked the Chair with drafting a letter to be sent from the RTM to Planning and Zoning to
address residents’ concerns. On July 12, 2023 the committee reviewed and amended the
Chair's letters for consideration of the body.
Recommendation
At the July 12, 2023 meeting the committee unanimously recommended the issue out of
committee with no action taken to ordinance, but recommended the RTM forward the attached
letter to Planning and Zoning.
Attachments
Minutes and supporting documents available online and/or by request.
Respectfully submitted,
Michael Bono
Committee Chair

Proposed letter from RTM (through Moderator Paul Goldstein to P & Z Chair Gregory Massad)
Dear Chairman Massad:
I am writing on behalf of the Representative Town Meeting which voted at its August 6,
2023 meeting, per the recommendation of the Public Health, Recreation and Environment
Standing Committee, to communicate to the Planning and Zoning Commission the RTM’s
request that the Commission consider revisiting the process under which special permits may be
issued for outdoor accessory dining. The Standing Committee conducted a number of meetings
in late 2022 and early 2023 to consider potential amendments and garnered input from many
residents regarding potential strategies for mitigating the effects of music associated with
outdoor dining emanating from commercial activities. Since the issuance of these special
permits there have been public disturbances that have been communicated to the Public Health,
Recreation and Environment Committee that the Town was unable to address. This is in part why
we are asking you to review issuance of these special permits. The clear sentiment expressed to
the Standing Committee was that the better approach to addressing this issue was potential
revisions to the outdoor dining special permit process rather than amending our current noise
ordinance.
The Standing Committee asked the full RTM to pass on this suggestion to your
Commission while recognizing that such potential revisions to your regulations is fully within
the purview of your Commission. On behalf of the RTM, we appreciate your consideration of
this request. The Subcommittee report summarizing PHRE committee deliberations is attached.
Sincerely,
Paul Goldstein
Moderator RTM
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