Page 10 THE VILLADOM TIMES I • September 1, 2010 Franklin Lakes Residents tell council of late night train noise by Frank J. McMahon The noise from trains banging into each other on the New York, Susquehanna & Western Railway Corporation siding behind Mabel Ann Avenue in Franklin Lakes has led to new complaints about the noise from residents. At a recent council meeting, residents of that residential street told the governing body the noise occurs late at night and often wakes them. Hazel Hasacavzian told the council she is new to the area, and the switching of trains about 400 feet behind her home is very disruptive and, at times, unbearable. “As we are getting older and trying to sleep, we are not prepared for that type of noise,” she said. “To have that go on in a residential neighborhood is quite surprising. This is a great town, but I am looking for an alternative to move the siding to a commercial area.” Mayor Maura DeNicola advised Hasacavzian that the railroad siding noise has been an issue in the borough for some time, but she has not received a complaint about it in months. She explained that the railroad is governed by federal regulations, but the borough can look into the matter on her behalf. John Sage, another Mabel Ann Avenue resident, told the council, “I’ve never heard anything like this in my life. The impact of the steel is amazing.” Sage claimed that the reason the mayor has not gotten any complaints is that “people just give up complaining.” Borough Attorney Richard Lustgarten advised the residents that, even if the council passed a resolution to stop the trains from switching at that location, it would be told by the federal government that it has no jurisdiction in the matter because the railroad is governed by federal regulations. The train noise issue has been raised by residents in the past. In 1999, residents of Mabel Ann Avenue complained about the noise from the switching of the trains on the siding behind their homes. At that time, the Bergen County Department of Health Services was contacted by then-Mayor G. Thomas Donch, but the BCDHS responded that federal regulations on trains can only be enforced at the federal level because railroad regulations come under interstate commerce and are exempt from local and state regulations. Seven summonses were issued to the railway corporation at that time for violating the borough’s noise ordinance. When Municipal Court Judge Vincent N. Marino heard those summonses, he dismissed them, explaining that the court was compelled to take that action because the local noise ordinance is preempted by federal law, which governs the railroad and its operation. John Fiorella, the attorney who represented the railway corporation at the time, told Judge Marino the railway corporation had made some engineering studies of two other locations in the borough where the noise generated by the switching of railroad cars on siding tracks late at night would not impact residents. One of those sites was near the Borough of Oakland. That site was eliminated from consideration due to an application for the development of 40 homes in that area. The other site was alongside Route I-287, south of Franklin Avenue and parallel to Colonial Road. That site was deemed unfeasible when officials learned it would require the replacement of a railroad bridge which would add significantly to the cost of moving the siding. The effort to move the siding was then abandoned. But in June 2008, the borough council passed a resolution requesting state and federal legislators who represent the borough’s residents and other Bergen County municipalities, to support the borough in addressing the excessive train noise from the idling of trains on the siding near Pulis Avenue. Nothing came of that request, and the railroad siding has remained behind the homes on Mabel Ann Avenue. Area Valley Hospital Sports Institute offers concussion management program The Valley Hospital Sports Institute is now offering the ImPACT Concussion Management Test. ImPACT (Immediate Post Concussion Assessment and Cognitive Testing) is an innovative computerized evaluation system that assesses the effects and severity of a concussion and helps determine when it is safe for an athlete to return to contact sports. ImPACT is used by professional sports organizations, including Major League Baseball and the National Football League, colleges and universities, and high schools nationwide. ImPACT is suitable for athletes ages 12 and older. It is a 20-minute battery of neurocognitive evaluations, including measures of verbal and visual memory, attention span, brain processing speed, and reaction time. “To participate, we ask that athletes first complete a baseline ImPACT test, offered free of charge,” said Donald Tomaszewski, director of the Valley Hospital Sports Institute. “If an athlete subsequently experiences a concussion, he or she is re-tested and the baseline data is compared to the post-concussion data to monitor recovery and determine when it is safe for the player to return to active sports.” (continued on page 18) Waldwick Chamber of Commerce Waldwick Day Saturday, September 25 12-4 pm – Borough Park (Raindate: Sunday, September 26) 7th Annual Merchant Registration extended to August 25th Midland Park Matters A Publication of The Midland Park Chamber of Commerce A Special Supplement to The Villadom TIMES This feature, published periodically throughout the year, contains items of interest pertaining to Midland Park and its Chamber of Commerce, along with your advertising message. This is a quality opportunity to promote your business, and encourage local consumers to shop, dine and seek professional services in Midland Park. Reservation Forms & Event Information Available At: www.waldwickchamberofcommerce.com EVENT SPONSORS: PLATINUM: Massage Envy GOLD Home Hardware Servpro of NW Bergen Valley Health Medical Group R.F. Reveley Construction Corporation Nellie’s Place • Oritani Bank Atlantic Stewardship Bank • Walgreens Waldwick Auto Body • Duck Derby Steven Glickman DDS • Pie Eating Contest David K. Christensen DMD For Information, Call Kim Post, Chamber Secretary at 201-693-6734 SILVER Activities, Attractions and Entertainment sponsored by the Waldwick Chamber of Commerce and Waldwick Day sponsors. Fall Edition: Wednesday, September 15, 2010 Reservation Deadline: Wednesday, September 8th 201-652-0744 or email: ester@villadom.com Call The Villadom TIMES today to place your advertisement.