Bates Troy Is Noisy

a community campaign for environmental justice

We Sent A Letter to Code Enforcement on August 2, 2008

Binghamton Code Enforcement Officer
38 Hawley St.
Binghamton, NY 13901

August 2, 2008

To Whom It May Concern:

This letter represents a complaint under the City of Binghamton Noise Control Ordinance and the Zoning Ordinance of the City of Binghamton. I am a tenant of a nearby house who is suffering the annoyance of constant noise from the Bates Troy Dry Cleaning Plant on Laurel Ave.

The Bates Troy Dry Cleaning Plant located on 151 Laurel Ave, Binghamton, NY is in violation of the City of Binghamton code on several counts:

a) Bates Troy has recently installed a ventilation system that creates a "noise disturbance" as defined in the City of Binghamton Noise Control Ordinance. The Noise Control Ordinance explicitly prohibits "excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities." My wife and I are both reasonable people of normal sensibilities and we have been consistently annoyed by the non-stop whooshing noise of the fans on this building. We have recently begun experiencing headaches related to the constant noise. The noise is clearly audible in our kitchen even when our kitchen window is closed. Such levels of sound are specifically prohibited by the Noise Ordinance.

b) The Bates Troy ventilation system creates a "continuous sound level" that exceeds the limits set forth in Table 1, Chapter 410-24 B which states that Bates Troy may not produce a continuous noise greater than 55 dBa between the hours of 7am and 10pm as measured from our property.

c) The Bates Troy ventilation system is in operation from approximately 5:30am until 6pm Monday to Friday and has frequently also been in operation on Saturdays from 5:30am until Noon. Chapter 410-24 B of the code states that no noise may be produced prior to 7am. Bates Troy is therefore in violation of the code for turning on their ventilation system on too early.

d) There is a detectable odor emanating from their building. This is in violation of 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..." Any passerby on Laurel Ave can smell the fumes from Bates Troy, a clear violation of the code.

I respectfully request that an investigation be carried out concerning these violations. In addition, I would ask that the city provide a person qualified to take noise measurements using a Sound Level Meter to document the sound produced by the ventilation system of Bates Troy as measured from our property. Please call us to schedule a time to measure the sound from our backyard and kitchen. Also, please be aware that the sound levels produced by the ventilation system do vary based on the controls utilized within Bates Troy. Therefore, I ask that you take the sound measurement on at least two occasions on separate days. The fans are always on from 5:45am until 3pm and some days they continue until 6pm.

Furthermore, I wish to be informed that you have received this complaint, whether you intend to investigate and any conclusions you may come to.

I have twice contacted Bates Troy with the utmost of respect to ask whether the ventilation system could be quieter. I was not pleased when I was hung-up on. I bring this complaint forward because I value the high quality of life that Binghamton strives to provide.

Thank you very much for your time.

Sincerely,

Bates Troy Noisy Neighbor

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):

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