TURNERS FALLS — After more than a year of neighbors complaining about noise coming from Hubie’s Tavern and Restaurant, a downtown nightspot, the town is planning more stringent noise rules to put residents at ease.
While the language of the final regulation is still evolving, the Board of Selectmen has agreed to crack down on loud noise coming from downtown establishments. The town officials plan to review and approve a final draft of the regulation at the next Board of Selectmen meeting on Monday night in Town Hall, with the new rules going into effect on Tuesday.
The regulation would require a special permit for noise levels that reach or exceed 70 decibels, allowing up to 16 events at the maximum sound levels and up to four additional events with noise levels reaching up to 75 decibels. These levels would not be allowed to exceed four hours per day.
The special permits would only be issued for dates from the Friday of Memorial Day weekend through the Saturday of Labor Day weekend.
Decibel levels on school nights, Sunday through Thursday, would not be allowed to exceed 65, according to the regulation draft.
Current rules generally limit sound levels to 70 decibels.
When the Board of Selectmen discussed the potential noise regulations on Monday night, a crowd of neighbors gathered to voice their concerns once again about noise from Hubie’s entering their homes and causing them to lose sleep.
“We wholly support all the downtown businesses, but we as property owners have a responsibility to our tenants,” said Fran Pheeny, executive director at the Franklin County Regional Housing and Redevelopment Authority.
Under the proposed regulation, no entertainment license holder shall engage in activities that cause excessive noise on a site abutting any residential buildings between the hours of 7:59 p.m. and 6:59 a.m. Hubie’s on Avenue A is just a few feet from a handful of residential buildings.
If no sound meter is available, an event will be in violation if the noise is plainly audible at 200 feet from the building.
The first violation would only produce a written warning. The second violation would bring a fine of $100 and a 15-day suspension of the offender’s entertainment license. A third violation will bring a $250 fine and a 45-day suspension of the entertainment license. After a fourth violation, the offender will receive a $500 fine and a one-year revocation of the entertainment license.
The license will only be reinstated after all fines are paid. The violation count will be reset to zero after a year of no noise violations.
Some members of the community cautioned the town about instating regulations that might put a pause on the progress, the vibrancy and the revitalization that Turners Falls has undergone over the last several years.
“I would caution you that setting a standard that is so hard to achieve is setting the town up for failure,” said resident Kimberly O’Brien. “If it’s a standard that can’t be met, lets call it a ban because that’s what it is.”
Business owner Shawn Hubert said that while he feels that those complaining about the loud, indoor music coming from the restaurant every Saturday night were dishonest, he does plan to comply with the rules of the town.
A handful of the downtown establishment’s supporters also attended the meeting on Monday night wearing Hubie’s T-shirts.
“The town made a decision; we will adhere to whatever the town regulations are,” said Hubert. He said going forward there will most likely be no live, outdoor music during the summer months. “The regulations are too restrictive.”
Chairman Richard Kuklewicz said that all parties need to reach a compromise. The neighbors should be able to have quiet enjoyment of their homes, while local businesses should be able to thrive.
In early March, neighbors presented the Board of Selectmen with a petition from about 30 residents asking the board to enforce a noise ordinance already on the books that requires business owners to keep the volume to 70 decibels or less.
Since then, the selectmen and the Board of Health have reviewed the noise levels and spent several weeks working to reach a fair solution for both the residents and the downtown businesses.
You can reach Lisa Spear at
lspear@recorder.com
or 413-772-0261, ext. 280