TrackRacket
TrackRacket was formed to identify and document how the excessive noise generated by the NJ Motorsports Park affects the quality of life and property rights in the surrounding communities. 

Membership is open to all those who share our goal to reduce the excess noise levels we are currently experiencing.

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Be a part of the solution
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TO THE CAUSE


without proper and adequate noise mitigation
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Call in your complaints to the all new TrackRacket
NOISE HOTLINE
856-899-4098
Report excessive noise, vent your frustration, BE COUNTED!
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NEW VIDEOS!
Yes, you can fight City Hall!
August 17, 2010
Video courtesy of RD Owens
(you can see the full video account of this meeting on RD Owens' YouTube page) 
Judge Porreca on the Noise Ordinance 8-3-2010
Michelle Post wants to know:  "Where's the Fix?"
Noise Pollution at the Maurice River Bluffs, July 17, 2010.
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Noise from 2010 Grand-Am Rolex weekend in local resident's homes:  

Michelle Post telling what really was in the Harris, Miller, Miller and Hanson review:
These two videos are courtesy of RD Owens and was recorded in his back yard and neighborhood:

The Grand-Am Rolex Sports Car Series
presented by Crown Royal Cask No. 16 drew a record crowd for the second consecutive weekend in Sunday's Verizon Wireless 250 at New Jersey Motorsports Park.


"Under these conditions, this was a hearty showing by dedicated race fans," said Kevin Wittman, General Manager of New Jersey Motorsports Park. "The entire Mid-Atlantic region, including South Jersey, is really embracing road racing and this facility. This weekend's attendance is a testament to that."

Click here for a different opinion
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Who said
Misrepresentation?

The overwhelming consensus of residents who are impacted by the excessive noise is that they feel they have been misled and facts were misrepresented in the amount of noise that the race track would produce.  To understand why they felt misled watch this video of the 11-21-05 Millville Planning Board meeting where final approval was given to the project.  The sound experts hired by the NJMP gave their expert projections on the levels of  noise that would be heard on Porreca Drive (which is the closest residential neighborhood to the track), Silver Run School and the Bevin Wildlife Management Area. 

Click Here to see sworn testimony given by Shropshire & Associates to the Planning Board on their expert sound estimates of 55 decibels for the closest properties to the track.

Click Here to hear the Planning Board ask some hard questions, but get sidestepped by NJMP's representative and lawyer, Gary Wodlinger.

Click Here to hear Porreca Drive resident, Harry Fisher and a Laurel Lakes resident voice their concerns about the noise level during the planning board meeting.

Click Here to hear Mr.Wodlinger and Mr. Shropshire reply to Mr. Fisher.

Click Here to hear Commissioner Derella's wrap of the meeting and reassuring concerned residents that all efforts are being made to curb the noise.

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What about
the newspapers?

"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 go-kart track."


Daily Journal 8-11-04 Plan gains momentum in county 

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"
Board member Milt Truxton honed in on the noise issue. Truxton quizzed Shropshire repeatedly about the best methods for reducing sound.  Shropshire said the best method of handling noise issues is to create distance between the source and the nearest neighborhood. For instance, he said, placing a row of evergreen trees as a buffer would have a minimal effect. The engineer noted the closest residential neighborhood is about 3,500 feet away from the proposed site. That is a 'substantial distance' and the developer did not anticipate any problems, he said. 'This is not to say sound will not travel,' Shropshire said."

Daily Journal 11-30-04 Park Developer answers criticisms= Motorsports plan won’t cause nose problems, attorney says
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"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."


Daily Journal 11-30-04 Park Developer answers criticisms= Motorsports plan won’t cause nose problems, attorney says
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"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

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"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."


Press of Atlantic City 9-17-08 Millville race course noise angers neighbors
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"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

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"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

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"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   11-30-04

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"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

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"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

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"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

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"(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

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"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

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"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

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"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

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"The park is aware of the problem, but co-owner Joe Savaro said in an interview last month there are no plans to add more sound barriers."

Daily Journal 1-16-09 Residents voice concerns about noise at raceway

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"Savaro also said no changes are being made to the 2009 calendar because of noise."


Daily Journal 10-29-08 NJ Motorsports Park’s noise levels in check 
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"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

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Click Here to hear Part I of Michelle Post's statement to the Millville City Commissioners on 2-17-09.

Click Here to hear Part II of Michelle's statement.

Judge legislates from bench
8-27-10

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.   

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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

Nice try, but it won't work.  The judge just retroactively exempted it from the  municipal nuisance ordinance, NOT CLAIMED IT TO BE A NUISANCE.

What does this mean to you?  All this means is that we now have no recourse for actions from our complaints.  No finger will be raised to investigate or punish excessive noise generated at the track that you experience in your homes.  All the more reasons to fight for proper sound abatement so we can live in somewhat peace and quiet and have our property protected against the debilitating effects of noise pollution.

For at the end of the day- aren't we worth protecting?
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Yes you can fight City Hall
8-18-10
TrackRacket wants to thank each and everyone of you who came out to stand in unity for a Real Noise Fix at last night's Commissioner Meeting.  Wow!  If you weren't there, you missed some of the best drama ever.  Nothing on TV compares to that!  The best thing being- citizens are taking control of what effects their lives!

The acknowledgment across the board that there is a noise problem for the fine citizens of Millville is was a major concession from the Commission and the NJMP.  Now that they finally acknowledge this, we must hold them to implementing REAL solutions  to the noise.  The next committee that is formed will have the input of the people.  If this new committee does not have citizens who are adversely affected by the noise then we have to stand up once again and exert our control on them.  There should be no less that
three people- one from each effected area around the track.

Hat's off to the Comm
issioners to finally listen to the people.  Enjoy this victory, but the NJMP is not happy.  There will be more battles ahead.

Thanks to the continued and tireless efforts of TrackRacket and other dedicated citizens, we got the City Commissioners to back down and actually say "NO!" to the NJMP!   Pat yourselves on the back because this is quite remarkable and something many people thought would never be able to happen.  Neither the City nor the NJMP ever expected such a large and organized opposition!

Never underestimate the tenacity of the American people when they are unduly trodden upon. 

        
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Fix the Fix
8-13-10
At the last Commissioners Meeting, an ordinance was introduced on first reading that has been touted as the great "noise fix."  This agreement was 8 months in the making, insuring that another season of racing will go on unimpeded by any restrictions that would help us regain some peace in our lives.  This much anticipated and publicized effort on the part of the City and the NJMP gave all the appearance that we were to finally get some relief.

Our hope did not last long when we finally got to read the contents of the ordinance.  Try as we could, we found few items in the document that spelled out relief from the excessive noise we have to endure on any given day.  The best the City could negotiate was for the NJMP to give their "good faith effort" to control the PA system and to "encourage lower exhaust sound emissions."  This is quite sad as the City has the power to

The two positive items in the document were 1) no engine is to be started before 8:00 am.  Before, the rules read: no cars on the race course before 8:00 am.  2) Ambient noise levels are to be taken each time sound monitoring is performed.  Previously, the sound "experts" hired by the NJMP did not do this, even though it is standard protocol for professional sound monitoring.

That is hardly a "noise fix."  The major fix they touted was dealing with start times.  They boasted they moved the start times back to give us relief in the morning.  Sounds really great and very generous.  On close reading of this, it is only a 1/2 hour move (8:20 as opposed to 8:00) and pertains only to clubs and not to the really noisy spectator events.  And, there are many exceptions to that rule.

During the public comment portion of the last meeting, it was asked to the commission if amendments could be made to this agreement before it is voted on at second reading.  Commissioner Derella said he would welcome them and would take them under consideration.

The Porreca Drive Homeowners Association in conjunction with TrackRacket submitted a list of amendments that would help reduce the noise levels.  It was submitted to City Hall on Thursday.
Click Here for the original Ordinance
Click Here for the submitted Amendments
Click Here for the HMM&H Review

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Where's The "Fix?"
8-4-10
An ordinance was brought before the Millville Commissioners on Tuesday night for first reading.  This ordinance outlined the negotiated "noise fix" that is supposedly a quid pro quo to let the NJMP move the ATV/motocross track into existing park and closer to heavily populated residential areas.

The City, NJMP and the local newspapers were painting this agreement to be "THE noise fix", the agreement that solves the noise problem.

But does it really?

Read the Ordinance
Read Michelle Post's comments at the Commission Meeting, Aug 3.
Read what others said that night.

We hope those of you who could not be at the Commisioners meeting tonight to protest the "Noise Fix" Ordinance on 1st reading were watching it on TV.  Then you got to see the Commissioners getting the tongue lashing they deserved!  All you other folks just missed the best theater in town.  Forget the Landis and Levoy- the action is at City Hall!

The majority of the citizens that attended were opposed to the noise and moving more noise into their neighborhoods.  They let the Commissoners have it with both barrels.  Well over a dozen aggrieved residents spoke up at the public comments portion of the meeting. Special kudos go to Jack Kontes who forcefully asked questions pertaining to the ordinance that the Commissioners couldn't answer. Mr. Kontes loves cars and racing and would like to go to the NJMP but he refuses to do so on the backs of the nearby residents.

The attorney for the NJMP, Jeff DiLazzero, as well as the new attorney for the City of Millville, Katherine Morris (TrackRacket lawsuit), was at hand but only DiLazzero got up to say anything.  His only fall back was the economic benefits the track brings to the area.  Nothing about the amount of noise the park generates and how little they are doing to lessen it.  Morris took lots of notes.  She will be billing the City for her time to be there no doubt.

We want real reforms.  Real agreements that are codified by a legal settlement and able to hold them accountable when they falter.  How can you hold someone accountable who promises “good faith efforts?” 

It is time to say "NO!" to the fox guarding the hen house!
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Pearls of wisdom
7-10-10
RD Owens is always one who speaks his mind.  Read his latest pearl on the subject of Millville's Noise Committee and the NJMP's ATV/Motocross track:
"Quid Pro Quo- But for Whom?"
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What was really in the HMM&H report
7-6-10
 

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

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TrackRacket's NJMP Mascot Entry

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What other realtors across the country know
6-12-10
This just in from Steventown, NY:
http://eastwickpress.com/news/2010/06/stephentown-motocross-tabled-again/

Excerpt from article:
"Lewis Oliver, an attorney from Albany representing Alice Caton and other abutting landowners, submitted a 15-page letter with attachments. Oliver also pointed to a memo sent to the Zoning, Planning and Town Boards of Stephentown by Eric Valdina, a licensed real estate broker with experience attempting to sell properties in this area. Valdina stated that, “I can state unequivocally that this type of activity and proposed land use has a negative effect on residential property values, lowering the market value for current area residents who live within a certain radius of such activity and depressing the future value of property held for residential investment purposes.” Oliver suggested that motocross might result in decreased assessments for homeowners within the affected area while at the same time result in increased property taxes for landowners in other parts of the Town."

The above statement parallels the one from Robinson Leach, who owns a real estate company near Lime Rock Racetrack in Lakeville, Conn.  He states (in a statement concerning a new track to be built in Taughanic, NY):  “If a sports track that allows unmuffled vehicles, Ducatis, Harley Davidsons, jet skis, snowmobiles or the like is built,” he said, “everyone in three miles will have their property values [reduced] by 50 percent more or less, and the time [looking for buyers] stretched for years. The town fathers will be sentencing the town’s property owners to lowered property values.”  

And from The Dever Post in Colorado "Two cities taking different roads over NASCAR" 2007:
'Residents at Reunion protested loudly against the racetrack, saying the noise and dust would ruin property values and their way of life.  A proposed ordinance would restrict any public money from being used to build a racetrack within 9 miles of a residential area in Commerce City.

Mayor Paul Natale - who is joining a majority of the council in backing the ordinance - said the measure is aimed solely at racetracks and not other businesses or sports ventures. It is scheduled for a July 16 public hearing and final vote.

"Commerce City is open for business. We want to be clear on that," Natale said. "But we also want to make clear that putting a racetrack near homes just doesn't make sense."'

Realtors across the country know what noise pollution does do residential property values.
 
Why aren't ours speaking up?

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Solidarity from a national organization
3-26-2010

Matt Blake of the American Littoral Society voices his solidarity for our cause and provides another viewpoint about the adverse effect of noise pollution in our environment.

"Paul Porreca’s idea of addressing more motorsports noise by keeping the possible future ATV facility were it was originally planned creates more problems than solutions. Before rushing to embrace added noise, both the city and motorsports officials should first address the controversial noise levels area residents are already battling. Moreover, there’s no guarantee that locating an ATV facility across the street from the motorsports park on the 200-acre city-owned “Buckshutem Tract” will be far enough away to keep the added racket out of residents’ ears and backyards.

"As evidenced by a recent lawsuit brought on by the local citizens’ group TrackRacket, many believe they’re already being forced to live with more noise than anyone bargained for. If Phase II comes to fruition and woodlands are cleared to make way for a new oval track, ATV and motocross park, things will certainly get even louder, and for a larger affected area.  Having heard the unending roar of engines from a kayak just north of the Mauricetown Bridge, well south of Millville city limits on a now diminished Wild and Scenic River, it’s not hard to sympathize with this group’s dogged efforts to seek concessions to reduce present and anticipated noise.  Indeed, the numerous noise complaints being reported across city limits and beyond indicate that there are many variables involved in how and where unwelcome sound travels.  Distance is an important factor, but it is greatly influenced by elevation, weather and prevailing winds...

Read the full story click here
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City of Millville in Default

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.

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Doubtful about loss of property values?
1-27-10

From The Register Star Online, Hudson, NY:
Robinson Leach, who owns a real estate company near Lime Rock Racetrack in Lakeville, Conn., implored the board members to reject the application.

“If a sports track that allows unmuffled vehicles, Ducatis, Harley Davidsons, jet skis, snowmobiles or the like is built,” he said, “everyone in three miles will have their property values [reduced] by 50 percent more or less, and the time [looking for buyers] stretched for years. The town fathers will be sentencing the town’s property owners to lowered property values.”

Gary Stoller, a 33-year resident of Taghkanic, contacted New Lebanon realtors and found they had experiences similar to Leach’s when the speedway there expanded.  “The properties closest to the track were not always the most affected,” he said. “Often a few miles away it was worse, especially in the elevated areas.”  He also learned that no new homes were built near the track.

Barbara Willner read a letter from Sydney Puccio, talking about how her New Lebanon Shaker farmhouse lost half its value and took a long time to sell in the boom market of 1998 after the speedway, three miles away, expanded.


Read the full article "Noise, property value concerns raised at hearing"

Published: February 10, 2009
Read the outcome of their lawsuit-
"Group is ‘cautiously celebrating’ decision" Published: Wednesday, January 13, 2010 ___________________________________________________________________
We are not alone
1-23-10

Solidarity from Georgia.  Read about it
Click Here
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Can you hear us now?
TrackRacket has hired counsel and a complaint against the City of MIllville and the NJMP has been filed at the Cumberland County Courthouse on 12-23-2009.

Read the full article in the Press of Atlantic City.

Read the editorial that got it right!

We are serious about reducing the incessant, irritating noise from the NJMP that has disrupted our lives and is diminishing our property values.  We are angry that our letters and our telephone calls pleading for relief have been met with stonewalling and empty promises from Millville City Officials with hopes that we will tire and go away.   The only thing we are tired of is the condescending treatment we receive from our elected officials.   

Our organization has now taken the necessary action as a result of the non-action of the City.  We have filed a suit to force the issue of noise.  We have not filed a suit to close the NJMP.  

Now that we have secured legal counsel, what does that mean for you?  It means that  you will finally be heard.  It means you have a voice now. It means that they will have to take us seriously now.  No more hiding behind a ridiculous ordinance, no more pretending to be concerned about our pain.  It means that no new track expansion until the noise issue is resolved on the tracks they currently have.  It means that any new tracks will have the proper noise abatements in place before the first car roars around it.

Why join TrackRacket?  A voice speaks, but many are heard.  It takes all of us banding together and with one big voice say: "This is enough!"  Your voice alone will not cut it.  Your complaints over the fence to your neighbor won't cut it.  When we all band together into one force, that cuts it.

Lawsuits are costly and time consuming.  We have hired the law firm of Spector, Gadon and Rosen from Philadelphia who are not entangled in the politics of Cumberland County.  They cannot be influenced in any way from the opposition. 

TrackRacket is here to be the voice for you.  TrackRacket will be your advocate.  TrackRacket will suffer the slings and arrows of the bullies and detractors that want to derail us.  In exchange, all we ask is for your support.

We have added a new page on our web site:  Join TrackRacket!  We have a link to PayPal where your membership fee can be made safely and securely.


Don't want to join? Want to keep a low profile?  Consider donating to the cause.  Donations can be any amount that you can afford.  You will be added to the mailing list and will be kept informed on all the latest updates. 


JOIN or DONATE
Either way, YOU help US help YOU!

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What they didn't want you to hear
12-2-09

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.


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Do Sound Studies tell the real story?
1-15-2010

Depends on the outcome you want to display.
If you were a business who's main by-product was noise pollution, you would want a sound study that minimizes the noise levels.  How would you go about achieving that?

We all know that wind plays a very important role in the levels of noise we hear.  Sound waves are carried with the wind.  This explains why some folks hear more noise than others on any given day. 

Was this type of misrepresentation employed by the NJMP?  We take it on face value that the reports that were given to the City by the NJMP were thoughtful, accurate readings.  And on the surface, this seems entirely so. In the first Sound Study submitted to the City by Shropshire and Associates during the 2008 inaugural season, they took readings on actual race dates and at locations close to the track.  The decibel levels averaged 65.  They make a concerted effort to point out that 65 decibels is the level of conversational speech.

So what's the problem?

If one was to dig a bit deeper, into the results that were printed in The Daily Journal, one would discover that the readings were taken at locations that would produce the lowest readings on that day.  How do we know that?  Because they were all taken with the wind in the opposite direction from the noise (with the exception of one where the wind was perpendicular).  Data is supplied by www.weatherunderground.com under historical data for Millville, NJ.


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Is there no sanctuary
in our homes anymore?


Not if Freeholder President Lou Magazzu and the Millville City Commissioners have anything to say about it.  They don't believe us when we tell them that the noise pollution from the New Jersey Motorsports Park is damaging our quality of life and
diminishing property values for those who live within the 3-mile noise zone.

This diminishing value of property doesn't care if you like the track, have a job at the track, do business with the track.  It does not discriminate.  It hits us all- especially at a time when we least can afford it.

Yes, we are in a recession.  Yes, all our homes have lost value because of the housing crisis.  Yes, the economy is in shambles.  However, the economy will improve, the recession will give way to prosperity again, and the housing market will rebound.  However, we will not regain the value that is lost to pollution!  It will continue to diminish our property values and degrade our quality of life. 

Hear for yourselves the noise pollution we are subjected to.  Remember, we can't turn this off like we can to our tv or radio.  It starts at 8:00 am and continues all day long, up to seven days a week for 10 months of the year.

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How loud is a decibel? 

We have been told that a normal conversation is about 65 decibels. 

A vacuum cleaner is 80 decibels. 

A telephone dial tone is 80 decibels
(yes, really!  This was printed in the Daily Journal!) 


So- how loud is a decibel anyway when it pertains to racetrack noise?  All we got are these numbers.  These comparisons.  What does it really mean in real life?   What does it really sound like? 

The sound expert for the NJMP stated under oath that the projected levels of noise during a race would be 55 decibels at the closest residential property line.  However, our town fathers institute a noise ordinance for our "protection" that sets the bar at 80 decibels before the track is in violation (Oh, btw, that 80 decibels has to be sustained for 20 minutes to be in violation).

Eric Zwerling, president of The Noise Consultancy, LLC and director of the Rutgers Noise Technical Assistance Center, the foremost sound expert in the state of NJ, has stated under oath to the Planning Board that race track noise "at 65 decibels will be difficult to next to impossible for residents to enjoy normal outdoor activity."  The Planning Board went ahead and approved the project even when they were told of the adverse effects that residents would be subject to.   

So........What does of 55 decibels of racetrack noise sound like at our homes?
Hearing is believing:
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What the Mayor has to say:
On August 29th, the Daily Journal printed the answers to questions posed to Mayor Shannon after his first 100 days in office.  Here is the article:

Question: The largest issue readers submitted questions for regards noise at the New Jersey Motorsports Park. Given the number of complaints from those who reside near the NJMP, what does the city plan to do about the issue and what actions is it prepared to do for the park? Also, would the city’s Planning board allow for construction of more tracks at the park before the issue is dealt with?

“There is a process we are going through. What’s been most frustrating for me is that the commission has been accused of not listening to the residents. We have listened and have responded. We’re doing our due diligence.

“We have people out there doing sound testing during events, and on the weekend, and we have a Shropshire and Associates report submitted by the park. We are doing a comparison of the readings and will come up with a joint report and release our findings.

“I ask for a little bit of patience. I don’t think in this short period of time you can make a decision” about what to do with the noise.

“When it comes time, the issues need to be addressed clearly and the emotion must be taken out. Let’s realistically talk about the facts. It’s not noise every weekend or 24 hours a day, seven days a week. We receive as many calls from people saying the noise is not a problem. It doesn’t bother one set of people, and another set it does. We will try to find an amicable agreement.

“Regarding the Planning Board, there is a process that the developers go through and the board has a public hearing where residents voices can be heard.”

Shannon later added that the city is researching options to help curb some of the noise.

"It’s not noise every weekend or 24 hours a day, seven days a week." 

No, Mayor, it is only 10 hours a day, 7 days a week for 10 months out of the year.  So in your opinion, it would be a problem for you only if it was 24 hours a day?
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The DJ acknowledged that the most questions submitted concerned the noise from the NJMP. 

THIS HAS TO ACCOUNT FOR SOMETHING! 

I am offended that he dismisses our pain:  "It’s not noise every weekend or 24 hours a day, seven days a week." He doesn't live near the park!  He gets to go home to a quiet neighborhood and enjoy his property.  We don't!  And, just because people are not bothered by the noise does not validate it's continuation.  Bully for them, it's nice that they are not bothered, but it doesn't make our pain go away and it will not bring back our property values and our peace of mind. 

If he was serious in his role as mayor, he would be doing everything he could do make sure that we are protected.  That is the role of the mayor and we need to hold him to it.

“Regarding the Planning Board, there is a process that the developers go through and the board has a public hearing where residents voices can be heard.”  Really?  Residents, as well as expert consultants did beseech the Planning Board and voiced their concerns about the noise and quality of life- and what good did it do?  They wouldn't even listen to the top expert in the field of noise- what makes them want to listen to residents?  Is he naive enough to think that the outcome would be different this time....  (Keep this thought in mind- to be continued)

We can choose to, sit back, do nothing, take it on the chin and let the noise eroding our quality of life, our property values and our peace of mind, internalized our stress every time we hear the whining engines that screech and scream.

Or we can choose to fight for what is right- our protection! 
WE WERE HERE FIRST AND THAT NEEDS TO COUNT!

It was very interesting to read Mayor Shannon's take on himself:  "I’m the same dummy I was eight years ago, and no one called me then to solve their problems.”

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What Really Happened at the
TrackRacket Meeting at the Library!

Below is the May 11, 2009 Letter to the Editors-
(printed in the Reminder, but NOT by The News or The Daily Journal):


Regardless what the newspaper and the newspaper forums say, the confusion at our meeting on Thursday night stemmed from miscommunications between me and Irene, the library director.  I had stated that we were a non-profit group wanting to hold a formal meeting.  At that time it was not brought to my attention as to the distinction between the 503c3 and 503c4.  Only after our meeting did I find out that the library does not allow a political organization hold meetings there and if meetings were held that they would be public in nature.  I truly didn't know there was this requirement in their policy.  And unfortunately, she didn't ask as to our non-profit distinction.  To add to the confusion, the meeting went on record on the Library's web site as a "Town Hall Meeting." (View actual application)

My press release stated clearly that we are holding our first formal meeting, not an open public "Town Hall Meeting."  I want to thank Mr. Fauerback for jumping at the chance to come to this meeting, however if he exhibits such enthusiasm to start a dialog, I want to let him know that I have been waiting for the invitation from him and Mayor Quinn to do so in the proper setting.  It takes more than one to tango.

There is obviously a need for an open dialog and it has to begin somewhere.  TrackRacket will make themselves available to meet with the track officials and the new slate of commissioners at their convenience.  Until then, I remain,

Very truly yours,

Michelle Post
Founder- TrackRacket
PO Box 115, Millvllle, NJ
www.trackracket.org
609-577-0352


UPDATE:  As of JULY 1, 2009, we have not been contacted to participate in an open forum or any other such consortium between us, City Officials and officials from the NJMP.

UPDATE:  As of August 13, 2010, we have not been contacted to participate in an open forum or any other such consortium between us, City Officials and officials from the NJMP.

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This Is About Noise Pollution

Overexposure to excessive sound can be physically and mentally debilitating.  Excessive noise can cause stress, hearing loss, sleeplessness and increased blood pressure.  Many of us deal with noise by plugging our ears, shutting doors and windows or simply distancing ourselves from the source.  However, we are all entitled to a reasonable amount of peace and quiet, especially in a state as densely populated and industrialized as New Jersey.

Pure and simple - and how it is affecting the health and lives of taxpayers and residents in our community.  Living within a 3 mile radius of a motor racing facility should not disqualify people from the basic human right to enjoy some peace and quiet, and the sanctity of their private property, especially over the summer months, when everybody likes to get out and enjoy the warmer weather.  For many, the noise is brutal, intrusive, unbearable, depressing, stressful and inescapable. Even sitting inside with all doors and windows shut does not stop the noise of race cars from invading their homes.

The worst affected area is within the 3 mile radius of the track.  Keep in mind we measured the rings to start at the center of the track.  However, you may be closer to the noise if you measure to the nearest part of the race track.  For example, someone residing in south Millville would be 2.5 miles, not 3, from the edge.  Where are you?
 


Folks residing in the surrounding community have lived in this area for ... 20 years, 38 years, 7 years, 17 years, "generations", 33 years, 83 years, 55 years, 5 years, "was born here 50 years ago" etc., etc. - so please don't tell us to "leave if we don't like it " - our families, friends and roots are here in this area. 

Many people who have relocated to this area for its quiet and natural environment with the intention of spending their all to precious time enjoying the peace and tranquility of their property. 

All these residents have been betrayed and railroaded by the political machine that saw only the  elusive $in the project and not the value in the surrounding community's quality of life.  Is it ok to trash and degrade a segment of the population that was living a modest, yet fortuitous life for the "betterment" of the city as a whole?  Aren't we supposed to bring the standard of living up across the board- not push it down deliberately???? 

We should not be in this position to have to desperately protect our quality of life and our property values.  Our protection should have been a priority with the commissioners when this project first came to light.  This project should have been developed with sound mitigation the number one priority or else it should not have been approved for that location.


Racetracks and neighborhoods don't mix!
without proper and adequate noise mitigation
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This is about current City Officials who do not believe there is a Noise Problem
3-5-2009

The NJMP noise experts and the elected city officials say that the current noise levels are acceptable for the surrounding community to live with and have stated to TrackRacket in the only and only meeting between all the parties (March, 2009) that they do not believe there is a noise problem. 

We counted approximately 4,500 homes that lie within the 3 mile "noise-zone."  This is their definition of "sparsely populated?"  Times this number by 2.5 (average number of people to a household) and you have roughly 11,250 people being subjected to noise levels that far exceed the amount that was represented during the planning stages.  Minus those who live in the townships and you are left with 10,000 residents.  This represents 35% of Millville's population.  Imagine that!  

What about those who live outside the city?  NOISE KNOWS NO BOUNDARIES!  Noise travels indiscriminately, to the rich and the poor, and it's effects are the same- it degrades our quality of life.  TrackRacket believes that everyone who is affected by the noise has equal rights to address it, no matter where you live.


What's missing in this picture?
YOU!

Because you're inside your house with the windows closed trying to escape the noise
instead of relaxing and enjoying a nice cold beer in your own backyard!
In Millville, this is considered a fundamental right!

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We know the racetrack complies with the Municipal Noise Ordinance

The NJMP officials say they are meeting all the standards required of them. The current noise levels are not acceptable to those taxpayers who have to leave their own homes for hours on end to escape the outrageous and egregious noise that descends upon them while they are tying to enjoy cherished outdoor activities in their own backyards.  It is not acceptable to those who have to shut themselves inside their own homes to find the peace and quiet that was so abruptly taken from them.

However, did you know that this ordinance has not been approved by the NJ Environmental Protection Agency?  According to Solicitor McCarthy (July 7, 2009) DEP's approval is not necessary to enact the ordinance.  So, if they have an ordinance, why aren't they enforcing it?  

UPDATE: At the Commissioner's meeting on July 7, 2009, we were informed by Commissioner Finch that the city does not enforce the noise ordinance during the weekends.  The person who is (finally) certified to take readings does not work on the weekends. Well, most of us know that the noisiest racing activity occurs on the weekends.  How protected to you feel now, knowing that they are not enforcing this ordinance they say they have?

UPDATE: 8-13-2010.  The city is no longer conducting sound monitoring at any of the established locations it did previously, even when calls come in reporting excessive noise levels. 
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We think that people living near
  a motor vehicle racing facility
should be
protected not punished

The New Jersey EPA, in their Noise Model Ordinance, set the maximum sound level during the day in residential areas to be 65dB. (This is the level of noise that Eric Zwerling of the Noise Consultancy deems to be difficult to next to impossible to carry on normal outdoor activities.)

For every 10 decibel increase in noise, the loudness doubles.  This continues in a logarithmic scale.  If your neighborhood's ambient noise level was 45 dBL, an increase to 55 dBL would be a doubling of noise.  An increase to 65 dBL would be a doubling of the noise already doubled.  An increase to 75 dBL a doubling of the noise that was quadrupled from before.  And we are not even to the limits the City of Millville has approved for you to experience in your home on a daily basis.

The City Commissioners were well aware that
NJ exempts racetracks from this and any noise ordinance when they set the city noise ordinance at 80dB.  So any sound level studies the city engages is a charade, and not aimed at protecting us taxpayers, but allows the racetrack to pollute our air space with noise levels illegal anywhere else in the state- except next to a motor vehicle racetrack.


The NJ Legislature by passing the Noise Control Act of 1971, determined that the "people in the State of New Jersey are entitled to and should be insured an environment free from noise which unnecessarily degrades the quality of life."  "Noise means any sounds of such level and duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property throughout the State."

So we ask:  "How are we being protected???"
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“This is not a smokestack. 
This is not something that will bring deleterious effects.”
 

This quote by Freeholder Director Lou Maggazu, was opined when the city approved the NJMP's plan.  It quite clearly shows Mr. Magazzu's ignorance about noise pollution. 

Obviously, Lou does not live within 3 miles of the racetrack. 

Mr. Magazzu, the following video is dedicated to you:


The above is just a reminder of what we've lost. 

Here is the real deal, recorded on May 24, 2009 by RD Owens who lives 2 miles from the NJMP:


RD Owens: "I know, we should all just live with the noise. This is real and prevalent. It happens 40 weeks annually. This is not how things sounded when I moved into this house. This is why I contend my quality of life has been affected by the racetrack.

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 : "

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A Little Closer to Home

Here is an example of the noise levels at a property located 2.5 miles away from the closest part of the Thunderbolt Raceway at the New Jersey Motorsports Park, Millville, NJ. The footage is from Friday, June 5, 2009 of something going on at the NJMP. It states on the calendar that these two days are: Private Test and the Riesentoter PCA. It is not known which event was making the noise, but at 2.5 miles away, we shouldn't be hearing this for 9 hours straight during the day. 

Update- Upon physical inspection at the NJMP, the noise depicted in this video was the "Private Test."   It was one open-wheel car going around the track.  If one of these types of cars can make this much noise, imagine what it will be when the real race is going on....