A Thornbury restaurant's application for a summer-long exemption from The Blue Mountains noise bylaw was put on hold Monday, as council tabled the matter to consider options.
The owners of The Dam Pub, on Bruce St. S., asked for an exemption that would allow them to offer music on their outdoor patio Thursday and Sunday evenings from 7 p.m. to 9 p.m. and Fridays and Saturdays from 7 p.m. to 11 p.m. The exemption would be in effect from May 1 to October 12.
Letters submitted by neighbours came down on both sides of the issue. Several supported the pub's proposal, saying the music has never bothered them. Others said the music has been loud enough to interfere with their ability to enjoy being outdoors on summer evenings.
In a letter to council, accompanied by a petition signed by 99 patrons, the Dam Pub's owners said they are willing to work with their neighbours, but accused one unnamed resident of "interrupting and demanding our entertainers stop playing and patrons stop talking".
Janis Pratt, who lives across the street, spoke to council as a delegation and said she has had issues with the Pub's owners on several occasions in the past. She said she feels the Dam Pub's owners haven't been willing to co-operate with her in the past and fears they will be even less willing to respect neighbours' concerns if they have the exemption.
"Could I get an exemption from the noise bylaw (to play music) to drown out the noise from the Dam Pub?" she asked.
In their submission, the Pub's owners Gord and Sandy Price, said they have purchased a noise meter and would keep the sound levels within acceptable limits. As well, they said, the stage for the patio is facing the pub so the sound will be directed away from the street and neighbouring homes.
Members of council took a variety of approaches to the issue.
Councillor Bob Gamble said he respects the desire for peace and quiet, but "I don't think we can guarantee 100 per cent that there will be no noise. A business has a right to operate."
He suggested that the town try to bring the sides together to work out an understanding on what level of noise is acceptable to neighbours.
"I do not want to restrict the operation of the restaurant, but the proponent (the Pub) should understand that the noise can't be excessive," Gamble added.
Councillor Cam Kennedy agreed the parties and the town need to have a mutual understanding about what is acceptable. He asked how that could be defined. Director of Bylaw Enforcement David Finbow responded that finding a definition is difficult.
"It comes down to what is tolerable and that's always very subjective," he said. The town owns a sound meter but the existing bylaw doesn't include any mention of the decibel levels that would be acceptable for any given situation.
That issue concerned Councillor John McGee, who asked when a new bylaw would be forthcoming.
"I think we need to come up with a new, modern by-law that recognizes there is going to be some noise and disturbance but we're going to do what we can to mitigate it," McGee said.
Finbow answered that staff have been at work on a new noise bylaw since last fall, but admitted progress has been slow as other priorities have been dealt with.
McGee suggested that the exemption apply to the entire downtown core. If council is willing to grant an exemption for one restaurant, others may follow suit, he said.
"I don't want us to end up with a hodge podge," McGee said, adding that a blanket exemption would mean the same rules would apply to every business.
Councillor John McKean wanted to shorten the initial approval period, suggesting that a two-month approval could allow a trial period.
"If all goes well we could extend it and if not we can change it or remove it," he said.
He suggested the approval run from May 1 to July 6, but Finbow said he didn't believe staff would be able to monitor the situation and prepare a report in time for council to decide whether to extend the exemption or whether any changes would be needed. He wanted a chance to look into how that could be dealt with.
Mayor Ellen Anderson said she understands the neighbours' concerns but also wants to help businesses in Thornbury and Clarksburg to be able to compete with those in Blue Mountain Village and other area communties. The issue of noise in and around the downtown core, she said, has been longstanding. She recalled complaints from some downtown-area residents, during her years on Thornbury council in the late 1980s, about truck traffic in the downtown area.
"It's always going to be an issue," she said. "I have some concerns for protecting the rights of residents to peace and quiet on their own property, but I also have concerns about our economic development. We're working to promote Thornbury and Clarksburg to be able to compete."
Anderson said she does have a concern about allowing an exemption on Sunday evenings.
In their letter, the Prices noted that Blue Mountain Village has a standing exemption in the town's noise bylaw. Finbow explained to council that exemption was granted in 2002 to deal with sound from the Village's events plaza.
At that time, he said, the town received complaints from neighbours in a nearby subdivision. Meetings between Village representatives, town staff and residents of the subdivision resulted in a solution. Since the construction of the Westin Trillium House hotel, between the Events Plaza and the subdivision, there have been no further complaints, Finbow said.
People who buy or rent accommodation in the Village are made aware that there is music and other noise from the Events Plaza most evenings until 11 p.m. After 11, all bars and restaurants in the village have to move their music indoors and close doors and windows to reduce sound levels.
Finbow said council has "a lot of flexibility" in dealing with the exemption application. Various restrictions could be placed on the noise levels, hours, days, and other matters. He added that his department could work with the Pub owners and the neighbours to try to determine an acceptable level of sound.
Council decided to table the motion. Staff will try to get more information and report back at the next council meeting on April 28.
Meanwhile, council did grant two temporary exemptions. One was for a wedding reception at Bridges Tavern, next to the Thornbury Dam, in September, allowing outdoor music until 11 p.m.
The other was for the L.E. Shore Library's annual Party in the Parking Lot, June 20, from 4 to 9 p.m.



