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12/16/2022 08:34 AM

Residents Air Brewery Concert Noise Concerns at Branford Selectmen’s Meeting


At a special Branford Board of Selectmen meeting on Dec. 14, Branford resident John Hartwell shares a map showing pinpoints indicating the locations of homes of residents who signed a petition due to being impacted by an excessively loud, live rock concert at the brewery on Oct. 3. Image Capture from BCTV

An excessively loud Disco Biscuits concert at Stony Creek Brewery (SCB) on Oct. 3, described as “the straw that broke the neighbors’ backs,” generated a petition carrying more than 125 signatures of residents impacted well beyond the confines of the brewery’s 5 Indian Neck Avenue address.

On Dec. 14, a special meeting of the Board of Selectmen (BOS) aired residents’ complaints, and yielded plans for further actions which may help turn down the sound at the brewery, and other venues, so that excessive live entertainment won’t impact area residents’ quality of life.

Harding Avenue resident Pat Dugan, who initiated the petition, told the BOS on Dec. 14 the Disco Biscuits concert was “the straw that broke the neighbors’ back.” Harding was one of 8 residents who came before the BOS seeking assistance with the issue. The board additionally received 13 or 14 letters on the topic, said Branford First Selectman Jamie Cosgrove.

Dugan described some of the fallout experienced by area residents due to the live performance at SCB on Oct. 3.

“This band, known worldwide, started rehearsing at noon. Extremely loud music traveled for miles until the show ended at 10 p.m. This band plays at large venues like Fenway Park and the Red Rocks amphitheater,” Dugan said. “And here they were, right in our backyard, on a gravel patio no bigger than a half-acre. How could this happen?”

Dugan said the response she received to her noise complaint to police on the night of the Disco Biscuits concert was that a permit had been issued by Town Hall. On Oct. 4, Dugan generated the petition asking that permits for large music events at the brewery be turned down. Dugan was soon joined in the petition circulating effort by another area resident, John Hartwell of Sylvan Point, who, like Dugan, had called the police about the excessive noise on Oct. 3.

Speaking with the BOS on Dec. 14, Dugan described the escalation of noise infiltration that has been experienced by area neighbors since the brewery opened in 2016. Dugan said the noise is not only negatively impacting those who, like her, live directly across the Branford River from SCB, but many others on area streets beyond.

“I’m tired of the excessive noise coming from the brewery. I’m tired of Tuesday Night Trivia being amplified so loud that I can hear all the questions and all the answers inside my house with the windows closed. I’m tired of coming home to a full-blown rock concert happening in my backyard,” said Dugan.

Dugan also brought up a log, kept by one neighbor since 2016, listing 55 incidents of excessive noise permeating the neighbor's home, even with windows closed and air conditioning running.

“This is not community activity. The constant noise from the brewery is destroying our lives and ruining property values,” said Dugan, later stating, “After more than 6 years in Indian Neck, it is clear that the brewery won’t be a considerate neighbor and they won’t adhere to the town noise ordinance,” adding, “...it was never intended to be a venue for this level of music.”

On Dec. 14, Hartwell, who said excessive bass vibrations from the Disco Biscuits concert actually permeated his house, shared a map with the BOS showing signatures from residents who were impacted by the concert’s loud music at points as far away as Short Beach and East Main Street.

“This is what was experienced that night,” said Hartwell of the 125 pinpoints on the map, adding more have signed the petition in the time since it was submitted to the BOS, and that still many more were also likely impacted.

As a point of clarification, Cosgrove said he had explained to Dugan that the BOS and Town Hall do not issue permits such as the one noted in the petition; and that live music at the brewery is, by zoning regulation, a permissible use. Cosgrove noted other venues across town also have similar permissible use. However, live music performed at an excessive noise level is an issue, said Cosgrove.

“What was stated [by petitioners] multiple times is to stop issuing permits for this activity. The important distinction is this board and Town Hall are not issuing permits for that activity. It is occurring under allowable use for that space,” said Cosgrove. “The issue is the level.”

Later in the meeting, Cosgrove further noted, that, while such permissible use may mean a business owner doesn’t need to request permission for live music to take place, “...however, it doesn’t mean he doesn’t have to comply with the noise ordinance.”

Currently, “...if they're going to exceed the ordinance, there's a process -- request a variance from that ordinance, and come to the Board of Selectmen to grant that variance,” said Cosgrove, although he noted such requests don’t frequently come before the BOS, and that should be looked into further.

“These events, they're not coming for a variance, they're not coming for a permit,” said Cosgrove. “So I think we need to take a look at it. Because if live music is allowed not only in this location, but other locations, that brings into question when is it in exceedance of local noise level.”

Cosgrove also point out that, as some had commented during the Dec. 14 meeting, due to varying issues, “...the noise ordinance is difficult to enforce. So I think that is something we need to, as a Town, take another look at … in terms of what do we have documented; what is the process.”

Cosgrove, selectwoman Angela Higgins and selectman Ray Dunbar also discussed other ways the Town could work to address excessive noise issues, including ensuring that Branford Police Department receives any support required to have proper training for officers who can respond to complaints; including using the department’s decibel meter, to help determine if a venue is breaking town and/or state noise ordinances.

Cosgrove also said he will be continuing conversations with the police department regarding what assistance the department may need, as well as to discuss issues regarding enforceability of the noise ordinance.

In addition to ensuring the police department has training and equipment in order to enforce the ordinance, “... I think also we do need to look beyond that,” said Cosgrove, noting the Representative Town Meeting is the Town’s ordinance-governance body.

“I think we need to look at the current ordinance that's in place to make sure [that] the language is there,” said Cosgrove.

While the owner of SCB, Ed Crowley Sr., did not appear before the BOS at the Dec. 14 meeting, Hartwell told the BOS that he had recently reached out to Crowley through a friend, and that Crowley had indicated he would be willing meet following the Dec. 14 meeting. Hartwell also said he felt it was important for the BOS to have heard directly from residents on Dec. 14, in order to have their concerns entered into the meeting record.

Cosgrove noted he had already reached out to Crowley following the Disco Biscuits concert and that he’ll pursue additional discussion with Crowley, based on what was brought forward by residents on Dec. 14.

“I did reach out to Ed Crowley, as I said, on October 4 or the next day, and said there was a concern here, it was something different than usual. He said there were no more concerts scheduled for this year. I said I expect that we’re going to have to look to try to address some things,” said Cosgrove. “And again, tonight, there were some other issues that came up, other than just the concerts...I know there was a meeting that Mr. Hartwell said he [was] potentially going to have [with Crowley]. I'm more than willing, after this, I’ll reach out to the owner and share the concerns, and see if there some way we can address some of these other issues that came up, beyond just the concerts, the level... I will bring that back to the owner and see what they do.”

“We definitely want to resolve this,” Hartwell told the BOS. “We really don't want to have to come back and have to talk about this again. So hopefully, with Mr. Crowley, we'll be able to work it out.”

The December 14 special meeting of the Board of Selectmen was livestreamed by BCTV and can be viewed in entirety at the BCTV Facebook page.