[RP TownTalk] Riverdale Park Station - Construction Update Notice for the Weeks of October 20 and 27, 2014

[Jonathan W. Ebbeler]

Kate/Joe –

 

Under both County (Section 4-111 (m)) and Town Code (Section 50-11.3) the construction hours or hours that impact the environmental noise control are set to 9PM-7AM and 10PM-7AM respectively.  Town code regarding building permit applications in Section 15-7 only specify that the applicant list the days and hours of activity.  

 

I do not know for certain what restrictions the town placed upon this permit and will follow-up and will email you offline if there is information to report.  That being said, the applicant is within compliance with both County and Town regulations that govern this activity.  Based on that, I am unsure as to the legality of placing restrictions or discriminatory burdens upon one building permit in the town.  If we were to limit hours of activity I would think our town attorney would advise us to amend the Code such that these new restrictions would apply to everyone.  Otherwise any applicant could, I believe, successfully sue the town due to being singled out when they are within code compliance.

 

Unfortunately, if the town did amend its Code, this would apply to all future building permits, any existing one would legally be grandfathered since a municipality cannot retroactively legislate restrictions.  

 

I have emailed their team directly expressing your concerns and asking their construction team to be cognizant of community concerns.  I do empathize and hope their team finishes construction sooner rather than later; this in the short term may necessitate hardships and for that I apologize.

 

Respectfully,

 

Jonathan

 

Jonathan Ebbeler

Councilman – Ward 1

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