Building Noise, No; Pile Driving, Yes

STONE HARBOR – Stone Harbor Borough Council was challenged with the implications of two ordinances.
In one ordinance, the mandatory height for bulkheads was raised to eight feet and set a tiered timetable for compliance based upon the height of existing bulkheads.
Those bulkheads at the lowest heights, offering the least protection against bay flooding, must comply within two years of the adoption of the ordinance. New construction and homes undergoing major renovations must also immediately comply.
The bulkhead ordinance was the result of a study and debate by the council. It is seen as a major step in the borough’s flood mitigation strategy.
The second ordinance represented a sweeping set of changes to rules governing summer construction activities. Figures in the borough’s recent Master Plan Reexamination show that 82% of the residences in the community are second homes.
Property owners and visitors during the peak summer season objected to the noise, debris and parking problems associated with construction during their opportunities to enjoy the resort’s amenities.
Most of the restrictions on construction activity were imposed during the peak period of July and August when the population swells to many times its permanent size.
One of the regulations forbids the driving of pilings during the high summer season. A newly constructed home may have as many as 70 or 80 such pilings, which creates a noise burden for neighbors, which triggered many of the complaints. 
The problem which arose between the two ordinances occurs if the construction officials in the borough deny permits for bulkhead pilings during July and August, satisfying the explicit requirements of one ordinance but defeating the other, which seeks to encourage bulkhead replacement as soon as possible.
After a debate in the work session, Mayor Judith Davies-Dunhour said the six-member council appeared to be divided 3-3 on whether to maintain the ban on construction, including bulkheads, or relax the rules in order to allow bulkhead work to proceed, even in high summer.
For three members of council, Raymond Parzych, Charles Krafczek and Francis Dallahan, flood mitigation efforts take precedence. Parzych said, the construction ordinance “should not stand in the way” of bulkhead installation.
Krafczek argued that pilings for bulkhead are not “driven” in the same manner as those for new homes because they are meant to exhibit lateral rather than vertical strength.
Three other members of council, Joselyn Rich, Mantura Gallagher, and Reese Moore, agreed the installation of pilings is, as Rich said, “not much fun for neighbors.” Allowing the construction of pilings in the summer violates the spirit of the new construction ordinance. Two months lost to bulkhead work will not make a substantial difference in the pace of bulkhead replacements, they argued. Yet, as Gallagher said, it would make a big difference in the experience of someone “here for only a short period.”
Davies-Dunhour moved the discussion from the work session to the regular meeting, where actions could be taken. Parzych moved, with Krafczek as second to the motion, that pilings for bulkheads are “exempt” from the prohibitions in the construction ordinance.
The vote was 3-3. In these situations, the mayor can vote to break a tie.  Davies-Dunhour voted in favor of Parzych’s motion.
Construction officials would be instructed to grant permits for piling work associated with bulkhead installation while council goes through the exercise of changing the wording in the construction ordinance to conform to the vote taken.
To contact Vince Conti, email vconti@cmcherald.com.