Wilton has proposed several changes to the general provisions of the town zoning ordinance this year, including additional standards for noise, lighting, and other “nuisances.”
Following a public hearing last week, the Wilton Planning Board approved a total of five proposed zoning amendments to be put on the Town Meeting ballot in March. While most were approved unanimously, one amendment spurred discussion among board members about whether some of the proposed changes were too stringent.
Chapter 4 of the Zoning Ordinance, the chapter that outlines general provisions for the town, would be updated extensively, including specific standards for noise.
According to the proposed amendment, “no activity or failure to act” should result in the generation of noise that would interfere with the “reasonable enjoyment of life and property.”
The ordinance outlines what noise levels are acceptable for daytime, and a lower threshold for after 7 p.m. and on Sundays. The noise levels for commercial and industrial zones is allowed to be higher than in the residential and residential/agricultural zones.
The ordinance makes several exceptions, including generators during power outages, construction, power tools used intermittently, such as mowers, chainsaws, or snowblowers, emergency vehicles or alarms, customary agricultural activities, school or church bells or chimes, and permitted blasting.
Selectman and Planning Board ex-officio Matt Fish said the amendment “seems like another stab at trying to establish a noise ordinance.”
Though the ordinance allows for agricultural activities, Fish pointed to several things he does on his farm that might exceed the allowed limit, but are necessary for the operation of his property.
Chair Alec MacMartin said the ordinance allows for activities such as Fish described, just that people could not do them “ad nauseum.”
Planning Board member Neil Faiman pointed to other changes he said were either too restrictive or not enforceable.
For example, the ordinance calls for structure design to “relate harmoniously to the terrain and existing structures in the vicinity, in keeping with the characteristics of the neighborhood.” Faiman said that was too subjective to be the basis to reject an application.
Faiman also questioned a section on lighting and glare, which states that lights “shall not, in any event, cast or reflect glare or light beyond the property line.”
Fish too, said that seemed unreasonable.
Planning Board member Karon Walker clarified that there is a difference between seeing illumination from an adjacent property, and having light “cast” deliberately onto that property.
When voting whether to approve the amendment for the ballot, Fish abstained and Faiman voted against, noting his objection to the lighting ordinance as the reason. The remaining board members voted in favor or moving the amendment to ballot.
All other proposed amendments were moved to the ballot in unanimous votes.
The second proposed amendment defines the term “aircraft” as a craft, mechanical or not, designed for the transport of a person. This definition was added due to another change in the general provisions, which prevents aircraft to launch or land in Wilton except in emergency situations. This would prevent non-mechanized aircraft such as gliders, but would allow drones.
The town is also looking to update the building code ordinance. Most of the changes are related to updated state law, but the proposed amendment would also require that building permits be published for public review.
The Planning Board is also proposing an amendment to clarify and make reference to the town’s Zoning Board of Adjustment acting as the Building Code Board of Appeals, making explicit a process which the town already operates under.
Registered voters can vote on all amendments at the ballot in March. Zoning amendments are adopted upon a majority vote of the town.
Ashley Saari can be reached at 924-7172 ext. 244 or asaari@ledgertranscript.com. She’s on Twitter @AshleySaariMLT.