37 °F Ocean City, US
November 22, 2024

Linwood crafting noise law after complaints about country club

By CRAIG D. SCHENCK/Sentinel staff

LINWOOD — The classic battle between commercial and residential interests is playing out in Linwood, with possible far-reaching consequences beyond the city’s borders.

Responding to complaints about noise generated by bands, weddings and other outdoor events at Linwood Country Club, the city formed a committee to look into writing a noise ordinance. Linwood currently has only a nuisance ordinance, according to City Clerk Leigh Ann Napoli.

Council President Ralph Paolone, Councilwoman Stacy DeDomenicis and Councilman Todd Michael have taken up the task of creating a set of rules and advising council on how to move forward. They presented a draft ordinance May 26.

City Council is trying to strike a balance between the concerns of the business, which wants — investors say “needs” — to have outdoor events in order to survive and the residents who are annoyed by the level and frequency of noise.

But there’s more potentially at stake than the survival of a 100-year-old centerpiece of the community. 

During public comment, former City Council president Tim Tighe said it is imperative to support the country club lest “the alternative,” which is the property being sold and developed as housing, increasing the number of families in the city and the number of students in the schools — something that would affect all three high school sending districts.

Tighe, who served on the Planning Board for 23 years and on City Council for 10, lives on Landing Lane, just across the pond from the country club. He said rather than being a nuisance, the sound is welcome.

“I like to hear the music because it means that the country club is doing well,” he said.

Kathleen Spaeth of Country Club Drive, whose back yard abuts the south side of the golf course, sees it differently. She contends she should be able to enjoy sitting in her yard without having to hear noise from the events.

Spaeth said she was told the outside events would return inside after restrictions on gathering and social distancing enacted due to the COVID-19 pandemic were lifted, but said they have not.

“I’m not seeing that,” she said. “Why is music being allowed to play outside? When you have a large banquet facility with an area to play inside, why isn’t the music inside?”

Spaeth said she bought a decibel reader and measured the sound at 55 decibels at her home, which she said is a quarter-mile from the clubhouse.

But Spaeth said it’s not just the music, noting that when a DJ performs he or she gets the crowd “a little exuberant and they are goaded on and they’re then yelling and screaming.”

“I want them to have a good time, but it shouldn’t be at our expense,” she said.

Matt Altman of Carol Road agrees with Spaeth.

“I want the club to be successful but this is a residential town and I shouldn’t have to hear music at my house,” he said. “Thursday wasn’t bad this week, Friday was terrible, Saturday wasn’t good.”

Altman said he felt the duration was excessive.

“Friday was horrible. If you guys had been in my back yard you would’ve lost your minds. Four hours of this? It’s fine for five minutes, it’s fine for an hour. But when I go home Friday and it’s like that, it’s unreasonable,” he said.

Altman also said he was told only acoustic music would be played but that’s not the case.

“If it was acoustic I don’t think I would have a problem, but I don’t know. It’s not acoustic when you plug it into an amplifier. When you plug it into an amplifier and the wind is blowing my way, you can hear it in my house and that’s just the way it’s going to be,” Altman said.

Another thing Altman wanted was for a police officer to measure the decibel level in his back yard, saying it’s a lot louder than out front. 

“I have a brick house and (it was) measured from in front of my house in the street, but sound doesn’t travel well through brick. Maybe they could build a brick wall,” Altman said.

Calling Linwood a residential community by design, Tighe noted the city collects 87 percent of tax revenue from homes and only 13 percent from commercial businesses.

“The alternative to that country club failing again is our taxes would be driven up. We need to protect that country club,” Tighe said. “Remember that you rule for the majority of the people in the town, you don’t rule for a few people.”

Tighe also advised against “spot zoning,” saying a noise ordinance “could have impacts to other properties trying to control with your eyes on one.” That could include high school sporting events, marching band and even graduation ceremonies, all loud events with homes nearby.

Michael said the public’s quality of life must be taken into consideration.

“I don’t think it’s fair to the residents, particularly those bordering the Linwood Country Club, for them to be in a situation where every night music is playing all night,” he said.

Paolone said council should err on the side of the residents but that both viewpoints must be taken into consideration.

“I don’t disagree that we should err on the side of citizens over the commercial entity but you can’t make it so the commercial entity can’t function. That is not what we want to do,” he said.

Todd Timbrook, who identified himself as an investor in the country club, said they are willing to work with residents within the state guidelines, questioning why the city would enact a stricter measure than what’s used in neighboring towns.

“The state statute is 65, 50 decibels after 10 p.m. We can live with that. We will live with that,” he said, noting the country club competes with Atlantic City County Club, Greate Bay Country Club and other area resorts.

Timbrook asked that if council does limit the time outdoor events are permitted that it does so on weekends. He said the demand for wedding venues is heightened by the fact many events were postponed last year and that to accommodate them all, events likely will be booked on multiple evenings.

“This year people are doubling down on weddings because they couldn’t do them last year,” he said. “This year is a little bit of an anomaly. We understand that the music is loud at times and we are going to work to bring it down.”

Timbrook said he is going to recommend the country club purchase its own equipment to measure the decibel level at the source, urging council to move forward cautiously.

“I would encourage you to take a step back, get your own professional. Take the time and get a sound professional and understand how things work,” Timbrook said.

Michael said the committee would work to find middle ground. 

“This isn’t probably going to be a one-solution-fits-all. We can try to come up with something that accommodates everyone, and that’s my goal that we get to a point where maybe it’s not perfect but it’s something everyone can live with, Linwood Country Club can prosper and the local residents are happy,” he said.

Asked to weigh in, Police Chief Jason Weber said it’s his job to enforce laws and City Council’s to enact them.

“I get all points of view. It’s not an easy solution and I don’t envy any of you that are going to make that decision,” he said. 

Spaeth added that she is grateful for the council members’ efforts.

“I really appreciate you guys working the best you can to come up with a solution that makes all of us happy, not just the establishment but also us residents as well,” she said.

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