Railroad to Be Requested To Abate Shaker Noise in 1962

City Attorney John O'C. Conway revealed today that he has recommended to the Common Council that it notify officials of the DL&W railroad, above the local level, that if the coal shaker is to be operative during the 1962 season the railroad must take "definite steps" to abate the noise and nuisance, otherwise a 9 p. m. to 7 a. m. curfew of activities at the installation will be invoked after the first of the year.

The attorney's report came after completion of an investigation into complaints lodged with the council by residents in the general area of the shaker site.

In a letter to the aldermen Attorney Conway listed the following findings:

"I find that the railroad was granted permission to load boats which were over four thousand tons capacity, during the hours between 9 p. m and 7 a. m. This was the request made by the railroad and granted by the council. At the time the request was made and granted, the railroad's local representative stated that they would do everything in their power to abate the noise occasioned by the operation of this coal shaker. I believe that they sincerely attempted to do this within the limit of the funds granted to them. I also - find that the officials of the railroad, above the local level made no attempt to provide moneys, materials or manpower to do anything to abate this noise.

"I find that the record of boats last year shows that 37 were loaded up to and including Sept. 1, 1960. The boats loaded this year numbered only 25 up to and including Sept. 1, 1961. Although the number of boats this year was 12 less than in 1960, the tonnage loaded was approximately the same, showing the larger boats using this local dock. I also found that of the 25 boats loaded this year, 11 fell within the four thousand ton category and that these were loaded in an overall period of ninety-two hours. Of this ninety-two hour loading time, thirty-two hours fell within the curfew period of 9 p. m. to 7 a.m.

"At the present time, there is scheduled but four more large boats for the balance of the 1961 season. As nearly as can be estimated with the figures at hand, this coal shaker will operate during the 1961 season for a total of approximately 50 hours during the curfew period.

"While I find that under certain atmospheric conditions, the noise is not too troublesome, I do find that for the most part the operation of this shaker is noisy and could become a definite nuisance.

"If the limited use of this coal dock and shaker were to continue at this coal dock and shaker were to continue at the present level, I do not believe that it would represent an unwarranted invasion of the right of privacy of the people in the area. I do feel, however, that if this installation is to be operated to anywhere near its capacity that it could become troublesome, noisy and a definite nuisance to the area.

"I would recommend to this council that they consider notifying the officials of the D.L. & W. Railroad, above the local level, that if this shaker is to operate during the 1962 season that the railroad must take definite steps to abate the noise and nuisance, otherwise, the curfew would be invoked after the first of the year."

A copy of the attorney's communication was given to each of the aldermen for study. Action in the matter is expected shortly. Attorney Richard C. Mitchell is representing the petitioning resident group.