Citizens:

Ambient (without music) noise readings near the proposed music venue at Birmingham Crossroads are <50 decibels.  Why is this important?  Because it completely undercuts staff’s rationale for a finding of hardship regarding the festival noise standard, which is that continuous sound must be <60 decibels.  Staff’s contention is that ambient noise readings (self-reported by the applicant, I might add) were > 60 decibels.  Therefore, it was an impossibility for the applicant to meet this standard and hence the festival standard was deemed a hardship.  However, the only readings that have been presented to substantiate this claim are readings far away from the sound source (e.g., 360 feet) and close to Hickory Flat Road, where road noise (and this is admitted) “contaminated” the readings.  The applicant himself in Nextdoor postings has admitted that the festival ordinance “required no more than 60 dBA ‘continuous’ noise level at the closest residential property line.”  Well the closest property line is only 50 feet from the proposed sound stage and far from Hickory Flat Road (420 feet).  And that reading has never been provided.  That prompted my hike through Birmingham Park to an area right on the boundary with Mr. Mills and the McCurry’s property.  I took my own sound readings and the highest was 46.3 decibels, which is less than half the loudness of 60 decibels.  Following are 3 photos I took of the my on-site readings.

Based on what I know, staff did not participate in the testing conducted by the sound engineer used by the developer.  Furthermore, my understanding is that staff did not take their own independent readings.  The data was provided by the developer.  He chose what measurement locations and readings to present to staff.  (This is to be confirmed . . . see my questions below.)

I have asked the developer for the report, if any, that was generated by the sound engineer, but have not received anything.  Additionally, the developer has stated that he was going to consult the sound engineer to find what, if any, ambient measurements were taken at “closest residential property line.”  However, this reading has, so far, not been provided.  I would also add that when the music was playing, at the closest property line, the sound readings were asserted to be 75 decibels continuous and 75 decibels peak.  This is an impossibility, as music varies considerably in loudness, so the peak decibels should be considerably higher than the continuous decibels.  This discrepancy requires correction and clarification and calls into question whether other developer-provided data are accurate.

I have asked the City to answer the following questions:

1. Where did the sound readings come from?
2. Were they self-reported by the applicant?
3. Were they conducted by an independent sound engineer?
4. Did staff participate at all in the sound testing?
5. Why are the measurements that have so far been cited been at points far from sound source and close to Hickory Flat Road where they would be “contaminated” by road noise?
6. Were measurements made at the closest property line, which is only 50 feet from the sound source (and far away . . . 420 feet) from Hickory Flat Road.  Our noise ordinances refer to being made at the closest property line.
7. Will staff make any independent measurements to determine ambient noise levels at the closest property line to support the staff’s current hardship argument that the festival standard (60 db) is impossible to meet because ambient noise levels at the closest property line are > 60 db.  I did my own decibel testing in Birmingham Park near the site and my readings were < 50 decibels.
8. Is there a sound report or other documentation on sound testing that the City can provide to the public for inspection?
9. Why is an 85 decibel standard (for commercial areas) applicable to AG1 residential areas of Milton?  Why would we abandon the standard of 60-65 decibels that we have applied historically to special event facilities?  Will the City explain to residents that 85 decibels is 4 times louder than 65 decibels and provide examples of what 85 decibels sounds like (a freight train travelling 45 mph when heard 100 feet away) vs 65 decibels (a normal conversation)?

Given that the City might be about to set a precedent of raising the allowable noise level at citizens’ property lines by more than 4 times, it is important that the City prove to citizens that proper and independent due diligence has been conducted at this site.  It is important that the City answer all reasonable questions related to noise.

While I was near the music venue location, I snapped a photo of the little guy above.  I doubt he is going to stay around for the concerts.  Perhaps, he will be a victim of the bush-hogging that might be needed to clear the undisturbed buffer and setback areas that staff and the Planning Commission have recommended for elimination.  That’s right, staff and the Planning Commission have recommended eliminating the undisturbed buffer and setbacks along all the boundaries with Birmingham Park, even those undisturbed buffers and setbacks that are north of and far from the music venue . . . puzzling.  Why would our City even contemplate jamming a music venue, a heavy commercial use on AG-1 land, right next to beautiful and pristine Birmingham Park.  Why would the City ever allow anyone to encroach on–much less eliminate–any of the undisturbed buffers (and setbacks) that protect Birmingham Park?

I urge all citizens to look up the loudness of 60 decibels, the current standard that should be applied to this venue and 85 decibels, the standard that staff is recommending for application.  Imagine 85 decibels at your property line.  In the future, you might not need to imagine it; 85 decibels might become your reality.

Advocating for Smart Land Use and Birmingham Park,

Tim Becker

(Note:  The decibel meter used by me at Birmingham Park is accurate +/- 1.5 decibels.)