Bates Troy Is Noisy

a community campaign for environmental justice

A Letter To Bates Troy

Dear Bates Troy,

Will you please comply with the law of Binghamton? You have already acknowledged that your noises violate the noise ordinance and when Randy Widrick, an employee of Bates Troy, was at our home he admitted that he could smell your fumes from our backyard (a violation of the Zoning Ordinance). Why not be a good neighbor and comply with all the laws of Binghamton? We deserve to live in a quiet, clean community. We hope that you will change your mind, stop refusing to operate illegally, and volunteer to undergo Community Accreditation. This campaign will not stop until the law has been enforced.

Important Files

If you are trying to conduct an investigation into Bates Troy, the following files will be useful: Zoning Board of Appeals FOIA (download this first!), Section 239 Review, Expansion FOIA, Revised Planning Staff Report on Bates Troy, Bates Troy Impact Assessment (blank!) and DEC Odor Complaint Form.

A Letter To Future Neighbors of Bates Troy Healthcare Linens

Dear Resident of Binghamton's Westside,

You are probably reading this website because the noise and odors from Bates Troy Healthcare Linens have begun to disturb you and you did a Google search for "Bates Troy". It is also possible that you have tried to sell or rent your home but were unable because of the nearby industrial dry cleaner or that you are a student considering moving into an apartment within 500 feet of Bates Troy. Know that you are not the first to complain about Bates Troy!

In 2008 and 2009, we ran a vigorous and successful campaign against Bates Troy that we have documented on this website. We hope that you will find the information on this website helpful for understanding that Bates Troy is in violation of the law but the City of Binghamton is unwilling to enforce the law.

On March 22, 2009 the organizers of Bates Troy Noisy Neighbor updated this website for the final time. We hope that in the future (perhaps in three or four years when Bates Troy attempts to expand again or extend their operating hours to 24 hours a day), the information on this website will enable you to continue our community campaign against Bates Troy Healthcare Linens. We promise to keep this website online for at least a decade so that the information we uncovered will never be lost. Please note that the information on this website is only accurate as of our previous update which was January 31, 2009. The information on our other websites may no longer be accurate at all.

We have decided to cease updating this website because we realized that we had already given sufficient evidence to demonstrate that Bates Troy is violating the law. What is needed now is to continue this campaign "offline", which will we intend to do.

If you should need to contact us for advice, please email us at organizer (at) batestroynoisyneighbor.org. If, in several years, this website becomes outdated because Bates Troy finally agrees to install additional modifications, please alert us and we will remove this site.

Additional information about Bates Troy can be found at the following websites: Bates Troy Noisy Neighbor, Bates Troy Dirty Neighbor, Restore the Westside, Bates Troy Protest Site

Boycott Bates Troy and Tuxedo Junction

Every dollar you give to Bates Troy or Tuxedo Junction translates into more noise and odors for us. Please boycott Bates Troy.

A Letter To Future Binghamton Law Enforcement

The following information is accurate as of March 22, 2009. As we are no longer updating this website, it may be inaccurate by the time you read it. Email us if you have any questions.

We are writing on behalf of Binghamton residents who are directly impacted by the noises produced by Bates Troy Healthcare Linens either because the noise is audible in their homes/yard or because it interferes with their enjoyment of Recreation Park. Over thirty individuals have signed a petition asking for the City of Binghamton to enforce its Noise Control Ordinance against Bates Troy Healthcare Linens. Each has attested that the noises produced by Bates Troy are annoying and decrease the enjoyment of their property or community. As such, the noises are illegal according to Chapter 292 Section 5B (11) of the City of Binghamton's laws.

Furthermore, we now possess the technical evidence to prove that the noises produced by Bates Troy also violate the allowed decibel (dBa) levels. As we lack the technical expertise to conduct sound measurements, we must rely upon the measurements compiled by Keystone Associates on behalf of Bates Troy's management. These measurements were released by Brian Kradjian, Bates Troy CEO, to Dave Chadwick, Supervisor of Code Enforcement, and were then released to us via a FOIL response. The measurements that Bates Troy's management commissioned demonstrate conclusively that, even after the modifications they have installed, Bates Troy is in clear violation of the law. On all sides of the building, Bates Troy's sound levels are between 3 to 11 dBA over the permissible limit. These measurements provide empirical evidence for what residents already subjectively knew: the noises are too loud, and are therefore illegal.

We respectfully ask that the City of Binghamton carry out an investigation into the following violations of the law and the agreements that Bates Troy has made with the City. It is our belief that Bates Troy Healthcare Linens should not have been given permission to expand an industrial dry-cleaning plant into an R-3, high density-residential area. Now that such a mistake has been made, the City of Binghamton has an obligation to its citizens to protect property values and the health of nearby residents by enforcing all applicable laws against Bates Troy.

Constant, Annoying Noise: Bates Troy's Violations of the Noise Control Ordinance

As we have already indicated, Bates Troy is in violation of the permissible decibel levels. According to Chapter 410-24 B, Table 1 of the City of Binghamton's Zoning Ordinance, a commercial or industrial facility may not produce a noise level greater than 55dBa between the hours of 7:00AM and 10:00PM or greater than 50dBa between the hours of 10:00PM and 7:00AM as measured from a residential property . The law is quite clear. According to the measurements provided by Bates Troy, the sound levels they produce after their most recent modifications, as measured from a residential property, are between 53dBA and 61dBa. In other words, every single measurement provided demonstrates they are currently violating the law.

On the one hand there is the empirical evidence that the sound levels produced by Bates Troy are simply too loud. But, on the other hand, there is the evidence provided by residents who declare that subjectively, they know the sound levels are too loud because they find them to be annoying. The fact is that Bates Troy produces noise that "annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities" . These noises include:

a) A constant, whirring noise between 6:00AM and 6:00PM each weekday. This noise can be heard in homes over 400 feet away. This noise is worst on Clarke St between Main and Catherine. However, it is audible in most directions including in Recreation Park and on Beethoven St as well.

b) A second, harmful noise between 6:00PM and dawn each day. This noise is a low, reverberating hum that can cause physical discomfort and rattle windows. Some residents describe this noise as a truck idling or a subwoofer being left on. This noise has recently disappeared, however in the past it disappeared for two weeks before returning. Dave Chadwick heard this noise at a resident's home on Saturday, November 22.

a) Bates Troy unloads their semi-trucks between the hours of 8:00PM and 6:00AM. This is in violation of Chapter 292 Section 5B (7) because their large trucks create a disruptive noise in nearby homes. It is also a violation of Bates Troy's expansion permit application (see below).

Neurotoxins in Our Air: Bates Troy's Violations of the Zoning Ordinance

Bates Troy produces a detectable odor that is potentially unhealthy. The odor is caused by DF-2000, a dry-cleaning solvent known to the Environmental Protection Agency to be a neurotoxin. This odor is in violation of Zoning Ordinance, Chapter 410-24 K which states: "No land use or establishment shall be permitted to emit odorous gases or other odorous matter in such quantities as to be readily detectable without instruments at the property line of the lot from which they are emitted..." This odor can be easily detected within several hundred feet of Bates Troy's dry-cleaning plant. It is very strong on Clarke St between Main St and Catherine St.

During the summer months, these odorous gases will go into people's homes through open windows. This is a major community health concern. Bates Troy uses a solvent called DF-2000 and according to the EPA, this solvent is a known neurotoxin that also irritates the skin and eyes . One can reasonably surmise that it is an urgent health concern if a known neurotoxin is being pumped into the air in such quantities that it can be readily detected several hundred feet from the dry-cleaning plant.

The highly respected Union of Concerned Scientists has this to say about DF-2000:

"Not all cleaning methods advertised as 'green' are as environmentally benign as they may seem. For example, a solvent called DF-2000 being touted as an 'organic' dry cleaning fluid is actually a petroleum product manufactured by ExxonMobil. It is indeed organic in the same way gasoline and PERC are organic: it contains a chain of carbon atoms. But the EPA lists DF-2000 as a neurotoxin and skin and eye irritant for workers, and its use can contribute to smog and global warming."

We request that Chapter 410-24 K of the Zoning Ordinance be enforced in order to protect the health of our community.

Bates Troy Violations of their Expansion Permit Application

We believe that Bates Troy intentionally lied in their expansion permit. An intentional lie is grounds for revocation of their expansion permit. Brian Kradjian told the City of Binghamton several lies that formed the basis for their decision to grant Bates Troy permission to expand an industrial dry-cleaning plant into a high-density residential area.

As you can see from the below excerpt from Bates Troy's Expansion Permit Application (Figure 1), Bates Troy promised the City of Binghamton that they would only operate between 6AM and 6PM, Monday to Friday and that they would only receive deliveries 6AM to 6PM, Monday to Friday. This form was signed by Brian Kradjian. But now, Bates Troy wants to run whenever they'd like and to receive deliveries whenever they'd like. At the moment, Bates Troy is daily violating their expansion permit application by receiving deliveries after 6:00PM.

Figure 1:

Bates Troy Violations of the Mediation Agreement

The official position of the City of Binghamton as articulated at the mediation meeting is that Bates Troy may operate from 6AM to 6PM, Monday to Friday only. The exception to this rule is that Bates Troy may operate on Saturdays in case of an emergency. Bates Troy is an "emergency backup" for local nursing homes and hospitals. This means that if an emergency arises, like a flood, and the nursing homes are unable to do their own laundry, Bates Troy may step in to help.

Within a month of the mediation meeting with the City, Bates Troy broke the agreement. They operated at 5:28AM on November 13 and then they operated on Saturday, November 29. Both of these operations were not caused by an emergency and violated the mediation agreement. These operations also violated their expansion permit application.

Conclusion

Bates Troy is violating the Noise Control Ordinance, they are violating the Zoning Ordinance, they are violating their expansion permit application and they are violating their mediation agreement with the City. The result of these violations is a substantial decrease the community's ability to enjoy their homes, their parks, and their neighborhood. The long-term result of these violations is decreased property values, the inability of landlords to find desirable tenants and the overall degradation of our community's character. There are also potential health problems connected with the long-term exposure of residents to Bates Troy's dry-cleaning solvents that are known to be a neurotoxin.

The City of Binghamton has a duty to resolve the problems created by the expansion of an industrial dry-cleaning plant into an R-3, residential area. The City of Binghamton has a responsibility to its citizens to protect their health. And, finally, the City of Binghamton has a responsibility to enforce its laws in protection of its citizens.

We urge you to act immediately to solve this issue.

Thank you very much for your time and for protecting our community,

Who Are We

We are Bates Troy Noisy Neighbor, a neighborhood organization of families concerned about the noise pollution produced by the Bates Troy Healthcare Linens dry-cleaning plant located at 151 Laurel Ave in Binghamton, NY 13905.

We are engaged in a campaign to bring attention to our community that is suffering under an onslaught of illegal annoying noises. We believe that the Zoning Board of Appeals made a negligent decision in allowing an industrial dry-cleaning plant to expand into a high-density residential area.

90 second background summary on the Bates Troy issue (click here if video doesn't appear):

Bates Troy attempts bribery to stop this campaign (click here if video doesn't appear):

Bates Troy Noisy Neighbor is an environmental justice organization in Binghamton, NY HomeFactsViolationsEnforcementBoycott