This is a follow-up to my letter in the November issue of The Andover Beacon regarding the logging on Tucker Mountain and the Town Noise Ordinance. I concluded in my letter that it is my hope that our town noise ordinance can be amended by voters to close the “loopholes” that allow for “special permits” to be granted by town boards and administrators.

The current noise ordinance- voted into law by a majority vote in 2017- protects Andover citizens from loud, prolonged and disturbing noise before the hour of 7 AM and after the hour of 10:30 PM. There are eight categories of activities which qualify to be exempted from the noise ordinance. Four of the categories have to do with emergency situations, two have to do with the public works department, one having to do with town celebrations – and then there is a category that states, “Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the town.”

In the case that occurred on Tucker Mountain last September/October, three members of the Select Board and the Town Administrator exempted the logging operation from abiding by our town noise ordinance because they determined that it was “temporary”. The town granted the loggers a “special permit” without considering the negative impact this would have -and did have- on Andover citizens.

What is “temporary”? It is a word that should not be used in the ordinance because it has no set time. When it comes to noise – very loud and disruptive noise – 34 days is not temporary. 34 days of noise beginning before 7 AM, sometimes before the hour of 5 AM endangers our health and comfort. “Special permits” for exemption to the Noise Ordinance for private enterprises should not be allowed. Period. On so many levels this is wrong.

First, it sets up a relationship between our town officials and private enterprises that could lead to favors, partiality and compromise that undermines the rights of Andover citizens. Secondly, private enterprise whether it be construction, excavating, paving, farming or any other industry that functions outdoors have to deal with weather conditions, road conditions, operational difficulties and any number of issues. It is the nature of the industry and not the responsibility of the town to help them fix their problems.

Passing an amendment to the noise ordinance that would remove category “of temporary duration” and Special Permit Exemptions would in essence restore and protect the intention of our Town Noise Ordinance. There will be an article for amending the ordinance at town meeting 2020. Town Meeting is being held on March 10. Please, please plan to attend. I encourage Andover citizens to read the Town Noise Ordinance online. You can find it on the Town of Andover website.

Respectfully, Donna Baker-Hartwell
Resident of Tucker Mountain Road