Significant Disturbance to Communal Peace
Noise and Light Pollution:
Noise and Light Pollution from the plan proposed for 1355 Kings Highway would serve as a problem for surrounding residents. Again, Town Code 98-17:A states under Prohibited Uses, “Any use which is noxious, offensive or objectionable… by reason of the creation of noise, vibration, electromagnetic or other disturbance, or by reason of illumination on or from which such light or light reflection emanates… which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants, and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare.” The potential for this property to generate huge amounts of noise and light disturbance is significant.
It must be noted, again, that 1355 Kings Hwy sits directly on Creamery Pond, which is a small, privately owned pond surrounded by the residents who share its ownership. The property’s situation on a body of water is important to emphasize in regard to light and noise pollution because the water itself has the ability to magnify and/or amplify both the quality of sound and glare for surrounding homeowners. Anyone who kayaks, boats or fishes can tell you that a quiet conversation held by two people 50 feet away may very well be out of earshot for a third party when on land, yet the same conversation held over the water can easily be heard. This is due to the scientific principles of sound, which does not travel in straight lines, but rather in waves that curve.
Noise and Light Pollution from the plan proposed for 1355 Kings Highway would serve as a problem for surrounding residents. Again, Town Code 98-17:A states under Prohibited Uses, “Any use which is noxious, offensive or objectionable… by reason of the creation of noise, vibration, electromagnetic or other disturbance, or by reason of illumination on or from which such light or light reflection emanates… which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants, and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare.” The potential for this property to generate huge amounts of noise and light disturbance is significant.
It must be noted, again, that 1355 Kings Hwy sits directly on Creamery Pond, which is a small, privately owned pond surrounded by the residents who share its ownership. The property’s situation on a body of water is important to emphasize in regard to light and noise pollution because the water itself has the ability to magnify and/or amplify both the quality of sound and glare for surrounding homeowners. Anyone who kayaks, boats or fishes can tell you that a quiet conversation held by two people 50 feet away may very well be out of earshot for a third party when on land, yet the same conversation held over the water can easily be heard. This is due to the scientific principles of sound, which does not travel in straight lines, but rather in waves that curve.
According to Howard Shaw, Ph. D. and Cheryl Jackson Hall, Ph. D.
Experience suggests that sound, like light, travels (more or less) in straight lines. However, to the contrary, sound actually tends to curve downwards over a lake's surface. Sound traveling along straight lines would disperse quickly into the space above the lake. Instead, sound that "should" rise up and be lost typically curves back down to the lake/ground level. Therefore, it sounds louder than it "should." This is a well-known and easily demonstrated observation, measurable out there on real lakes. (http://americanboating.org/sound.asp)
The reason sound waves curve over water has to do with the way the water effects air temperature. Air nearest the water is cooler than air farther above the water. As sound travels slower in cool air, if sound waves from warmer air enter the cooler layer they are refracted downward toward the ear of someone in a boat or on property surrounding the body of water. Additionally the pond provides a flat plane that allows sound waves to travel unobstructed, and to reflect from the surface. Instead of dissipating in tall grasses and other obstructions on land, sound waves retain their coherence for longer distances over calm water. Sound waves may thus reflect from calm water's surface, bouncing up to the ear.
Bodies of water also have unique properties in terms of light reverberation and glare. Just as light can be reflected off of a mirror, a smooth, specular reflection can be produced when light hits a smooth surface such as water. Should there be wind, or the water be disturbed for some reason, any light reflecting off the surface would be sent in many different directions, in what is referred to as a diffuse reflection.
All of this information becomes especially pertinent when considering that there is a huge catering hall in addition to a distillery proposed for this property. Catering halls typically host very large amounts of people until quite late at night. They also include DJs and live bands that produce an unusual volume of sound and noise that would carry directly to residents living on and near the pond. Additionally, both the catering hall and the distillery have room in their plans for outdoor entertainment areas. In fact, the catering hall shows a patio that would be approximately 2,513 sq ft and the deck alongside the rear of the distillery would account for another 480 sq ft of entertainment space. In total, these areas account for over 3,000 sq ft of outdoor entertainment space, which would all require significant lighting for safety, and may very well be utilized for weddings and events that take place late in the evening and into the night, directly adjacent to a body of water that carries noise and light to homeowners. Creamery Pond Rd. is home to many young families with 40+ children, most of whom go to bed long before the final call for weddings and the like. This introduction of noise and light pollution would be a serious disruption.
To further exacerbate the sound and noise issues created by the outdoor entertainment venues, there would also be an incredible amount of light and noise generated from the vehicles and parking lots slotted for the property. In the event the catering hall hosts a wedding or event, there could very likely be 100+ vehicles on the property and people entering and exiting those vehicles at all hours of the day and night. In addition to doors slamming and cars starting, the side and rear parking lot are channeled on to a massive driveway that funnels cars just 8 FEET from the waters’ edge where their headlights would not just reflect off the water, but shine directly in the windows of homes surrounding the pond. Nearly all vegetation separating the pond from the driveway has been removed during clear cutting, and the plan as it stands, does not have the space for replanting a (required) buffer.
The Comprehensive Plan for the Town of Chester directly addresses the issue of noise. On pages 107 and 108, it states in its Land Use Policy,
Certain land uses are inherently more likely to generate noise levels, which have the potential to interfere with the comfortable enjoyment of life and property for adjoining residential property owners. Excessive noise can interrupt and degrade sleep, reduce residential and commercial property values, and reduce the use, enjoyment and value of natural, cultural and historic resources… This Plan recommends that the Town code be amended to ensure that it includes necessary provisions to protect residential areas from excessive noise generated from adjoining non- residential land uses, and that it also provides the means for enforcing the standards set forth therein.
The Comprehensive Plan further states on page 109, that the town should “Regulate the amount of noise produced by land uses to minimize impacts on nearby residential properties.” The plan being proposed for 1355 Kings Highway absolutely would not minimize an impact on adjacent properties, but in fact would greatly exacerbate the impact and massively affect residents’ quality of life.
To further exacerbate the sound and noise issues created by the outdoor entertainment venues, there would also be an incredible amount of light and noise generated from the vehicles and parking lots slotted for the property. In the event the catering hall hosts a wedding or event, there could very likely be 100+ vehicles on the property and people entering and exiting those vehicles at all hours of the day and night. In addition to doors slamming and cars starting, the side and rear parking lot are channeled on to a massive driveway that funnels cars just 8 FEET from the waters’ edge where their headlights would not just reflect off the water, but shine directly in the windows of homes surrounding the pond. Nearly all vegetation separating the pond from the driveway has been removed during clear cutting, and the plan as it stands, does not have the space for replanting a (required) buffer.
The Comprehensive Plan for the Town of Chester directly addresses the issue of noise. On pages 107 and 108, it states in its Land Use Policy,
Certain land uses are inherently more likely to generate noise levels, which have the potential to interfere with the comfortable enjoyment of life and property for adjoining residential property owners. Excessive noise can interrupt and degrade sleep, reduce residential and commercial property values, and reduce the use, enjoyment and value of natural, cultural and historic resources… This Plan recommends that the Town code be amended to ensure that it includes necessary provisions to protect residential areas from excessive noise generated from adjoining non- residential land uses, and that it also provides the means for enforcing the standards set forth therein.
The Comprehensive Plan further states on page 109, that the town should “Regulate the amount of noise produced by land uses to minimize impacts on nearby residential properties.” The plan being proposed for 1355 Kings Highway absolutely would not minimize an impact on adjacent properties, but in fact would greatly exacerbate the impact and massively affect residents’ quality of life.