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Bethlehem Planning Board OK's condo plan

The site plans show a proposed outdoor schedule of 7 a.m. to 6 p.m. Monday through Saturday. After discussing work hours with Chairman George Leveille, the board discussed the possibility of an 8 a.m. to 6 p.m. Monday through Friday schedule with Saturday hours of 8 a.m. to 1 p.m.

Leveille questioned the legality and logistics of curtailing the hours of a particular project.

"How could we possible monitor that? I think you're trying to ask the town to enforce something that's unenforceable," Leveille said of Smolinsky's proposal. "This could have the potential to be a precedent setter."

Aside from the curtailed demolition hours for the new CVS Pharmacy in Elsmere, town staff and board members could not recall a recent project having its work hours reduced.

Currently, there is no noise ordinance in Bethlehem; however, the town's noise ordinance task force is creating a draft noise ordinance to be reviewed by the town board. Without a noise law on the books, there is little the town can do in terms of enforcement when it comes to noise complaints by neighbors.

Smolinsky said it would be the developer's responsibility.

"I don't disagree with you," Smolinsky said to Leveille, "but it would be more permissive to have a later start if that's difficult to enforce and to find, then work starts at 8 o'clock in my recommendation."

Board member Katie Powers said she would have preferred to see a reduction in the Saturday hours if it was "agreeable" and wouldn't affect Bolduc's schedule.

Board members Katherine McCarthy and Christine Motta both said Bolduc's originally proposed hours were justifiable.

"I think the hours proposed are fine, and I sympathize with the neighbors because I live by CVS, and it was tough," McCarthy said. "But I think shortening the hours like this would just protract it, and it's like tearing a Band-Aid off " let's get it done."

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