Casco Township Noise Committee holds first meeting

The task of the committee is to address the inadequacy of measuring noise by decibels alone

Casco Township Supervisor Allan Overhiser recently established a committee of Casco Township citizens to address inadequacies in the existing Noise Ordinance.

The primary issue with the existing ordinance is its reliance on decibels to measure noise. Decibel measuring devices need calibration and decibel measurement does not always capture low bass reverberations.

Meeting for the first time on Thursday, June 26, at 7:00 pm, the committee appointed by Overhiser includes residents from across the Township to address noise as it is experienced across the entire Township. The Noise Ordinance does not differentiate between areas or zones of the Township.

Committee members include Ryan Brush, a resident of 68th Street and a member of the Planning commission, representing Ag; Brian Murphy, a resident of Sunset Shores; Debbie Weaver, of Miami Park; and Ron Wise, retired Fire Chief from SHAES, representing enforcement. Casco Township Deputy Hoyt also participated in the meeting until he left to address an incoming call.

More than thirty people were in attendance and Overhiser invited public comment at the start of the meeting.

A woman from Mt Pleasant subdivision spoke against the noise created by pickleball, saying that it disturbs the peace in a residential area and creating noise is a misdemeanor.

Mark Siewert of Windcliff Dr. spoke to the need to standardize and calibrate measuring devices. He asked what the process is if there is a violation and if the Township has budget to enforce the ordinance. To this, the Supervisor responded that the Township can hire an officer to issue a ticket, although experience has shown that a warning is often sufficient. The Township has funds in a general legal line item.

Patty Nowlin, owner of Martha's Vineyard Bed & Breakfast, spoke about how noise emanating from Daydreamer Domes every weekend impacts the peace and respite her business seeks to provide its customers.

A resident asked about the process for changing the ordinance; Overhiser responded that amendments to zoning ordinances require a hearing at the Planning Commission; then the Planning Commission makes a recommendation to the Board and the Board makes a decision. The Casco Township Noise ordinance and the Outdoor Gathering ordinance are both "police power" ordinances that regulate activity not particular to any use of land (zone) within the Township. Police Power ordinances are implemented by the Board of Trustees, not the Planning Commission.

The Outdoor Gathering ordinance was developed in the 1990s in response to a Mud Run proposed in the Township. The Township wanted to ensure sufficient sanitary facilities. The Outdoor Gathering ordinance is also used for weddings, quinceaneras, and private events; it has never been utilized for a commercial event and it is not intended for a series of events.

He reminded the public that the focus of this meeting is on noise, and the committee's task is to develop recommendations for the Board to consider. Currently the noise ordinance has quiet hours of 10pm-7am on weeknights and 11pm-7am on Friday and Saturday nights.

A member of the public commented on a community where an autistic child mowed the lawn all day every day, arguing that frequency of noise, whether from all day music at Daydreamer Domes or hours-long pickleball, needed to be taken into account.

Overhiser stated that sports courts were exempt from the noise ordinance but Debbie Weaver pointed out that the ordinance exempts only school-based sports activities. It was noted that pickleball sounds travel differently from golf ball sounds.

James Harpold of Blue Star Hwy reported that the "beep beep beep" sound his RV made when backing up for an early departure was bothersome to his neighbor.

Bruce Nowlin of Martha's Vineyard, quoted the Casco Master Plan and its "quiet, rural quality of life."

A resident read through a calendar of upcoming events at Daydreamer Domes, 13 of which include music. Frustration was expressed that Missy Fojtik had said in her initial application for a campground permit that she wouldn't have amplified music, and that it seems this matter will not be resolved before the end of summer.

Jo Earls cited the Noise Ordinance which states "it shall be unlawful" to create noise which disturbs the peace of others.

The Supervisor closed public comment and asked the committee to focus on deficiencies in the noise ordinance starting with section 5. He noted that hearing noise and being annoyed by noise are real concerns, and that decibel levels don't necessarily capture annoyance.

Deputy Hoyt cited Lee Township's noise ordinance which defines a loud noise as sounds heard 25' over the neighboring property line at night and 50' during the daytime. He concurred that decibels are unenforceable. He has not had complaints about commercial establishments generating noise, nor has he ever had complaints about sports courts.

He also said Daydreamer Domes is now requiring any DJs to use the Domes equipment.

Brian Murphy spoke about dBA versus dBC decibel measurement, with dBC measurement needed in the case of Daydreamer Domes' electronic music with low frequency bass. He liked the Port Sheldon Noise Ordinance as a model for Casco and expressed interest in reviewing the Lee Township Ordinance. He noted that both frequency of noise and amplification of sound were issues that needed to be addressed. He wondered about wording such as "you shall not have commercial amplified sound" or perhaps only a limited number of amplified events per season, approved in advance.

Murphy cited examples from other communities he has been involved with where amplified events had to be pre-approved by April 1 for the entire year.

Committee members liked the 50' rule for hearing sound on another's property. It was noted that sports courts are subject to zoning rules including setbacks, and this was one way to mitigate noise concerns.

Ron Wise noted that he can sometimes hear music from Cogdal Winery at his home on 107th Avenue. With the higher density along the Lakeshore, it is normal to expect more calls about noise complaints. He agreed that the frequency of amplified events needs to be addressed.

Debbie Weaver proposed that Daydreamer Domes use a "silent disco" approach with headphones for each patron. She also said there are soft paddles and soft balls to make pickleball silent.

She also noted that there are issues with residents impacting businesses, and vice versa, but the approach for addressing them differs.

A representative from Daydreamer Domes said that Sunday June 29 would be the first time the Domes would be using a limiter. They have angled their speakers to mitigate how the music travels. They have also cancelled all future karaoke after realizing they cannot control the volume of any particular singer. They cited the cost of purchasing the "silent disco" headphones as a barrier, after purchasing a limiter for their speaker system.

Ryan Brush brought up past noise complaints from the Whiteford Barn located north of Baseline Rd near 66th St. The issue was mitigated by the cooperation of the Whitefords who, after complaints from neighbors, brought musicians inside the barn and closed the doors.

Weaver proposed that violations be issued every 30 minutes until the noise is fully mitigated. She thought Saugatuck had a good approach to managing noise.

In additional public comment, a resident questioned how to separate noise from zoning, proposing that Daydreamer Domes has morphed from a campground into ticketed events that bring in people who are not campers.

The committee will review additional ordinances and material and meet again on Thursday July 10 at 7:00 pm at the Casco Township Hall, 7104 107th Avenue.

Overhiser said any recommendations from the Noise Committee could potentially be considered at an August Township Board meeting scheduled for Monday August 18 at 7:00 pm.