


"A proposed city ordinance, set for adoption next week,
would set the maximum noise level at
that of a telephone dial tone for most races but would exempt a small
____________
"Shropshire said remedies, such as a sound wall, as are used along most major highways, have not been included in the evaluation because no problems have been anticipated."
"The park's sound expert, Dave Shropshire, said during previous public meetings that noise from the park could average 55 decibels. A normal conversation between people averages about 60 decibels."
Daily
Journal 7-27-09 Group turns up volume on track
"Derella said, as it was told to him, 40 decibels is what you’d expect to find in a library. At around 80 decibels, the sound is similar to that of a lawn mower. Commissioner Dave Vanaman said where he lives he hears the noise, too. 'If my neighbor had his lawnmower on for 11 hours, I’d go over there and smash it,' he quipped."
"The city enacted its own ordinance to protect residents. Any noise of 80 decibels or more sustained for at least 20 minutes in a residential area is considered a violation. Eighty decibels is the noise level of a vacuum cleaner."
Daily Journal Editorial 1-19-09 Officials should try to do the right thing on noise
"Part of the problem, something that was mentioned years ago when the New Jersey Motorsports Park was before the Planning Board, is atmospheric conditions. Commissioner Joe Derella, who is also on the city's Planning Board, said experts told the board then that the sound generated by the race course could be amplified depending on the weather."
Press of Atlantic City 9-17-08 Millville race course noise angers neighbors
_____________
"Other speakers raised questions about traffic, but the noise issue was the dominant concern of those who spoke before deadline."
The Press of Atlantic City
____________
"I know ... racetracks are noisy. But people who live near the track were concerned about this from day one and were told it wouldn’t be a problem. Well, depending on the weather pattern at any given moment, unpleasantly loud noise from the track has even been heard as far away as Vineland. Closer residents say it is unbearable at times."
The
Press of Atlantic City editorial- Jim Perski 12-4-09
"Laurel Lake resident John Worthington complained the city was not restrictive enough in setting maximum noise levels for the park. 'I say it's going to be a nuisance and a constant nuisance,' he said."
Daily
Journal 5-4-05 Residents say NJ Motorsports Park still cause for concern
____________
"We are not, repeat, not against the track, and I
hope this gets written," she said. "We know what it's going to do for
the city."
Michelle Post- Commission meeting 1-21-09
"(Lawrence Twp) Committeeman Joseph Miletta said when the wind is right he can hear it at his Cedarville home on North Avenue, nine miles away.” he said."
The
News 11-12-08 Lawrence twp woman
gets OK to hold meeting
_____________
"Noise studies at the track conducted by both the park and the city have determined noise levels coming from the NJMP are below the 80-decibel legal limit in nearby residential areas. Eighty decibels is roughly the audible equivalent of a telephone dial tone or a commercial vacuum cleaner."
The
News 12-30-09 TrackRacket suing Motorsports park
___________
"Decibel levels of approximately 60 equals the noise generated by conversational speech from 3 to 5 feet away."
The News 11-4-09 NJMP Decibel readings 40-5- average’ spike at 70
_____________
"Residents of the western Millville neighborhood proposed for the track tell the City Commission the facility would ruin the rural quality of life that attracted them to the area."
Daily
Journal 7-9-08 The long road to bring Motorsports to Cumberland County- originally published in 2000
Daily
Journal 1-16-09 Residents voice concerns about noise at raceway
____________
"Savaro also said no changes are being made to the 2009 calendar because of noise."
"The city conducted its own noise study to see if the Motorsports Park, which opened to racing last July, exceeded allowable limits, which considers a violation any noise of 80 decibels or more sustained for at least 20 minutes in a residential area. Eighty decibels is equivalent to a referee's whistle, while a normal conversation is about 50 decibels."
Daily
Journal 1-15-09 – Millville residents protest noise level of raceway







On August 26, 2010, the Superior Court of New Jersey, Law Division, Cumberland County dismissed Trackracket’s claim solely against the City of Millville seeking enforcement of the City’s own public nuisance ordinance against the New Jersey Motorsports Park (NJMP). In a written opinion, the Court determined that since the City had already exempted the NJMP from the City’s specific noise ordinance, the City could not be compelled to enforce its broader and more general public nuisance ordinance against NJMP despite the absence of a specific exemption to the New Jersey’s common law on public nuisance, the basis of Trackracket’s claim.
While Trackracket is disappointed with the Court’s decision, its cause and case remain alive and well against the NJMP and the unacceptable noise emanating from the track. All of the claims for public and private nuisance as well as its statutory claims against the NJMP, none of which were addressed by the Court’s decision, remain. In light of the positive and constructive remarks of Commissioner Finch at the August 17, 2010 Commissioner’s Meeting for the City of Millville calling for cooperation between and among, the City, NJMP and the City’s residents to reach an amicable resolution to the noise issues, combined with the continued prosecution of our legal claims, Trackracket and its members remain optimistic that they will be successful in abating the noise emanating from the NJMP.
We thank our members and residents for their continued support and will continue to work to once again make the City of Millville a peaceful community.
------------
The above was the press release sent out to all the newspapers to announce the dismissal of our claim (not case, mind you- that is still alive and well) against the City of Millville. What the judge did was to legislate from the bench and said that since Millville went to great lengths to basically exempt the NJMP from it's noise ordinance (something that is redundant for the State of New Jersey already exempts it from noise ordinances) that they meant to exempt it from the broader written nuisance ordinance. They simply just didn't do it at the time.
None of the claims that the track is a public and private nuisance were addressed by this decision. But someone please tell the NJMP. They are already stating that the track is not a nuisance. "What it says is the city has no obligation to declare the Motorsports Park a public nuisance, which it's not," DiLezzaro said. -Judge dismisses part of suit, Daily Journal, 8-28-10.
Click here to read the full judgement


Dr. Kim Ayres talked at length during the May 18 commissioners meeting regarding the Sound Study Review undertaken by Harris, Miller, Miller & Hanson. This company was hired by the City to evaluate the original Sound Level Assessment prepared by Shropshire & Associates on behalf of the New Jersey Motorsports Park that was part of the approval process for the NJMP project. This study was to determine how much noise the track will produce and what the projected levels would be at the closest residential property line. They also evaluated the two sound studies undertaken by the City of Millville and the New Jersey Motorsports Park for the year 2009.
She stated that HMM&H had “professional or protocol differences” with Shropshire’s report. She said that while the differences were accepted protocols, they offset each other. But she left this out: “While the two simplifying assumptions used in this analysis may offset each other somewhat, we don’t have much confidence in the Leq (decibel average) values projected for the NJMP site.”
Huh!? You mean to tell us that the NJMP was approved on faulty data?
But there was more in there than that. HMM&H stated that the Shropshire’s Sound Level Assessment included measured noise from the Millville Airport during an Air Show. “While area residents have experienced such relatively high sound levels periodically in the past, air shows are events that typically occur only about once per year, and are well publicized. Because these event are infrequent, residents will have a very different degree of tolerance to the level of noise generated from them than they would to events that might occur several times a month or even several times a year.”
They go on to say that the report “only compares the projected noise levels to the 80 dBA Leq criterion established by the City. No comparisons to existing background (quiet period) noise levels are provided, only to other maximum events. While it could be argued that such a comparison may not be legally required, community reactions to new noise sources are strongly dependent on how the new noise compares to the existing background noise environment. Further, the Sound Level Assessment report makes not one effort to evaluate the likely community acceptance of or reaction to the noise from racing.”
To the City of Millville’s credit, the sound studies conducted by Wayne Caregnato from June through October did include the ambient readings with the report. However, HMM&H went on to say that according to the City’s report “maximum sound levels in the residential areas during racing reached the high 60’s with the ambient levels in the 30’s and 40’s, so louder racing events would be heard very clearly above the existing background in the areas with sound 4 to 8 times as loud as the background to the average person. We conclude that such increases in average noise levels are high enough such that complaints about the noise would be forthcoming in communities newly exposed to such noise. Generally, increases in average noise levels in communities in the range of 5 dB to 10 dB are enough to generate complaints, particularly if these noise level increases occur on a regular basis.”
When you apply simple math to the above statement, we were receiving noise levels between 20 and 30 decibels higher than our ambient- what we normally hear at our homes. I’m sure if we look closely at the true numbers this gap may close, but if HMM&H states that 5 to 10 decibels are enough to generate complaints, what does 15 to 25 decibels generate; what would 20 to 30 decibels generate????
WHERE WAS HMM&H WHEN WE NEEDED THEM? The city 's spin on this report clearly shows their intention to diffuse the damning evidence this report contains. The NJMP facility was approved on faulty and insufficient data and we are the ones who have to live with this noise polluter in our backyards and into our homes.
The big question is- Is Shropshire & Associates merely incompetent or was their Sound Study Assessment written to intentionally mislead the Planning Board and the fine citizens of Millville?
Read the full HMM&H report here
(Aside from filing an OPRA request, this is the only place where this is available)
To read the full statement by Ms. Ayres click here.
To read how the newspapers covered this story click Daily Journal and The News
_________________________________________________________________________

Representatives for an anti-noise group have entered a default judgment against Millville for not responding to a lawsuit that claims the city, along with the New Jersey Motorsports Park, is responsible for harming the quality of life for residents living near the track.
The suit was brought against the city and NJMP in late December by Philadelphia-based lawyer Oliver Griffin on behalf of members of the group TrackRacket. Griffin said the racetrack has responded to the suit but the city has not, despite e-mail follow-ups. A default judgment would allow TrackRacket to automatically win its case seeking enforcement of noise regulations.
The suit was filed in Cumberland County Superior Court but has been moved to Gloucester County Superior Court, a court clerk said Thursday. TrackRacket alleges that the motorsports park deceived city residents regarding noise pollution and failed to make good on economic promises. Millville, the suit claims, is complicit with the track and does not enforce state noise pollution and nuisance laws.
The suit seeks an injunction on development at the track as well as changes to racing conditions. It also seeks damages as it states that property values in the area have decreased specifically because of the track.
Griffin said the default judgment asks that the city enforce nuisance statutes. What constitutes a nuisance is unclear, however, as the noise generated by the track fluctuates depending on a number of variables, including atmospheric conditions, city and track officials have said.
NJMP officials have declined to comment about the case, although they have responded to the suit. Millville has maintained that the noise generated by the park does not exceed local and state levels.
City Solicitor Rich McCarthy said Millville has filed a motion to vacate the default judgment. He did not say why the city did not respond to the suit previously. A hearing on the judgment will be held April 16 in Gloucester County Superior Court in Woodbury.
_________________________________________________________________
Doubtful about loss of property values?From day
one, all references of noise from the NJMP has been couched in numbers. In decibels. “65 decibels is the sound of a normal conversation.” “80 decibels is the sound of a vacuum cleaner.” “80 decibels is the sound of a
telephone dial tone.”
According
to both the Shropshire Report and the City’s Noise Study, the average decibel
readings for this year's season of the NJMP are between 45 and 60.
The City Commissioners apparently feel that these are acceptable levels for us to live
with as all they will say about the reports is that the numbers fall under the City's Noise Ordinance so therefore, are acceptable. Acceptable to whom?
Does
anyone here know what 55 decibels of an unmuffled race car sounds like in your
back yard? Scroll down to the bottom of this page (how loud is a decibel?) and you can hear what it is like in our back yards. The readings were taken at properties that are just under a mile away. Imagine this lasting for 8 to 10 hours
a day, weekdays and weekends. Even at the lowest level (45-50) it comes
in through closed windows. There
is no escape for those who desire the peace and quiet they once enjoyed. You will notice that the meter spikes over 70 decibels at the second location which is just under one mile from the Thunderbolt Raceway.
In order
for noise coming from the NJMP to be in violation of the City Noise Ordinance it must go
over 80 decibels for 20 minutes sustained...I wonder how much noise that would be? Click here for video of the noise demonstration at the City Commissioners Meeting on December 1, 2009. This video was to demonstrate the absurdity of the Millville Noise Ordinance.
So we ask, is the ordinance really there to protect us or enable the NJMP to make as much noise as they possibly can without fear of violation?
Click here to read the Press of Atlantic City article on this issue.
Click here to read the editorial in the Press of Atlantic City.


I enjoy racing. I’ll be watching the Indianapolis 500 and the Coca~Cola 600 today. I do not enjoy hearing it in my home all weekend, virtually every weekend.
It’s a beautiful Sunday morning. The sun is shining, the birds are chirping. I sat down at the dining table to enjoy my breakfast and relax on this gorgeous day. This is what heard from my chair"
___________________________________________________________________
A Little Closer to Home