PETERSBURG — Township Committee is looking to make changes to its noise ordinance that would go into effect throughout the community.
On Sept. 22, four residents of the island community of Strathmere expressed their concerns about what they characterize as disruptive noise generated by a popular waterfront restaurant.
Addressing the agenda item listed as “noise ordinance discussion,” Dodie Reagan Correntini said the Deauville Inn has grown way beyond its original size and now is operating in violation of zoning.
“It expanded physically in its role over the decades,” she said, noting it has hosted charitable dinners, dances and small gatherings “but large-scale weddings and multi-day receptions were not part of its regular business operations.”
She said that changed in October 2019, when Tim Fox and Robyn Kjar bought the property.
“The focus has shifted to an upscale dining and full-service event planning that includes weddings and large corporate events,” Correntini said. “Since 2020, hosting these large events has become a central part of their business operation.”
She said many of the events are held outside and feature amplified music, lasting late into the evening, mostly in May, June, September and October — outside the busiest summer months.
She said the township’s noise ordinance provides guidance on construction, landscaping and commercial equipment noise but “is less clear regarding amplified music and public gatherings.”
Correntini said the lack of specific guidelines “creates enforcement challenges for our zoning officer and law enforcement.”
She said that even though an ordinance established in 2010 was intended to protect residents’ health, peace and quality of life, “amplified music can be very disruptive.”
Correntini said a local reasonableness standard in the existing ordinance is valuable but lacks a clear definition and criteria for enforcement. She would like there to be a “plainly audible” standard coupled with distance guidelines.
She said the restaurant is located in the resort commercial zone, which is “intended for modest small-scale commercial uses like restaurants and shops.”
“Banquet halls or large-scale outdoor events are not listed as permitted uses and activities beyond normal restaurant operations would typically require a formal review such as a site plan amendment or variance,” she said.
Correntini said the township has different noise guidelines in different areas.
Sophia Wisniewska said noise is a “huge problem” in Strathmere, calling the large crowds, loud music, frequent deliveries and traffic congestion associated with the Deauville Inn “simply overwhelming.”
“I would really appreciate your placing some restrictions on noise, restrictions on social gatherings and on live music,” she said.
Chris Kinicki said the noise level from the Deauville Inn was better for a few years when renewal of its liquor license was dependent on meeting certain conditions.
“They did a phenomenal job and it was better. They had a governor on the sound system and it was pretty solid,” he said. “This summer that has kind of fell to the wayside.”
Kinicki said his biggest frustration is that they cannot change the situation.
“I know that it’s possible to have a system that the Deauville can operate under, other businesses can operate under and the community can live with,” he said.
Mayor Curtis Corson said that is Township Committee’s goal.
“That’s why we opened up a discussion around our noise ordinance. We’re going to do a noise ordinance that is going to work township-wide, not just one village,” Corson said. “We have 13 villages in Upper Township. It’s a problem everywhere.”
Kinicki said he also is unhappy with the timing of the deliveries and trash collection, noting La Fontana gets deliveries as 5 a.m. and trash pickup at 6:30 a.m. He said those are issues that can be controlled.
Amy Lombardo, who noted she has owned her property “sandwiched between La Fontana and the Deauville” since the 1990s, said another thing that can be controlled is the volume of music.
She told Township Committee that she used to manage restaurants and “knows what it takes to run a business in a residential area.”
She said she knows owning a property near a business “comes with a price tag” — listing delivery trucks, drunken conversations, jitneys idling out front and septic pumping noises as issues she can accept — but “the one thing that can be controlled is the volume of the music.”
“If I was to stand here for four hours and make the sound of a bass, and make you all sit through it, and you couldn’t leave this room or you couldn’t go outside without hearing me, you’d probably get a little nuts,” she said.
Lombardo set it has gotten to the point that she leaves her house on Saturdays and Sundays to avoid the noise and no longer invites her family over for dinner.
“All I ask if it’s the one thing they can control, to make everybody else’s life that lives around it more enjoyable, it’s a simple fix,” she said.
Township Administrator Jimmy Van Zlike said after looking at the township noise ordinance, it was found to be “extremely lacking,” having no measurable metrics.
He said he spoke with the county prosecutor and found that “there is no way to issue a citation for the noise ordinance because it is not prosecutable.”
Van Zlike said township officials began their discussions with the State Police, which is the sole law enforcement agency in the township. He said the State Police does not have the ability to measure decibel levels so would be unable to enforce rules that require a reading.
“They don’t have the equipment or training to enforce a decibel violation,” Van Zlike said, noting that supports employing a “plainly audible” standard.
He said solicitor John Amenhauser and code enforcement officer Rich Kaczmarski worked to come up with a solution.
Amenhauser said he looked at what other municipalities have on their books, listing Sea Isle City, Somers Point and Margate, all of which have lively bar scenes.
He noted some have decibel restrictions and use measurement equipment to issue violations and others use the “plainly audible” standard.
“To me, the ‘plainly audible’ standard makes the most sense,” Amenhauser said, noting a distance can be put in place, making it “much easier” to prosecute noise ordinance complaints.
He said the current standard of “unreasonable and unnecessary noise” is discretionary and “creates an issue from a prosecutorial standpoint,” adding that the “plainly audible” standard is much better.
“It does what you’re looking to get done by having this type of ordinance in place,” Amenhauser said. “It prohibits violations from occurring or should at least deter violations from occurring if they occur once from occurring multiple different times.”
He said changes can be made “to strengthen the existing ordinance … without being overburdensome.”
“I think if you put that standard in place in the ordinance, as well as putting some restrictions in terms of timing in place for certain types of activities, you’ve got a much stronger ordinance that’s more easily enforceable,” Amenhauser said.
Van Zlike said that while the Deauville gets “picked on quite a bit,” it is impossible to police yourself without an objective standard.
“Deciding on a public standard gives them the ability to then police yourself to our standard as opposed to just keeping it extremely ambiguous,” he said.
Noting that current rules allow septic pumping at different times for individual businesses, Corson suggested setting a time for the entire community.
Amenhauser said they should look at every aspect.
“If you are going to overhaul the ordinance, let’s do it right and make it all encompassing,” he said.
Deputy Mayor Victor Nappen suggested restaurant owners be asked for input and said it’s important not to make the rules “too restrictive.”
“We are pro business as well as we want to advocate for our residents,” he said. “I want to make sure that the businesses can host and have their events as well.”
Corson asked that Amenhauser have a draft ordinance available for the next meeting so that committee members could look at it and then introduce the amended ordinance at a later meeting.
“If we have a working draft we can get headed down the right path,” he said.
– By CRAIG D. SCHENCK/Sentinel staff