College Neighbor Files Noise Complaint

Author: Anne DeWitt Local News Editor

Gorham Lane resident Allen Israel has filed a legal complaint against Middlebury College regarding the noise produced by Bicentennial Hall. He asserts that the disruptions have decreased his quality of life and, furthermore, that they violate the College's permit for the building.

Israel requested that the Planning and Zoning Office of Middlebury look into the problem and notify the College of the violation. He has also submitted documents to the state, alleging that the building transgresses the Act 250 permit. Act 250 deals with the state's development laws.

The College's application to the town for a permit for Bicentennial Hall was approved by the Middlebury Planning Commission in 1997 on the condition that the building not create any noise disturbance for the residents of Gorham Lane. Similar language was used by the state in the granting of the Act 250 permit.

Director of Public Affairs Phil Benoit says that Israel's action has prompted the College to look into the issue, but says that there is no clear plan as of yet. "We'll continue the effort to find the problem," he said, adding, "We'll do whatever we can to correct it."

Israel said that the worst of the noises that emanate from Bicentennial Hall are caused by the cooling towers on the roof, part of the building's air-conditioning system. "On a muggy night, it sounds like there's a jet aircraft parked in your backyard," said Israel. He added that there is noise year-round. "It's taken away the enjoyment of living in this neighborhood."

He also feels that it has decreased the value of his property. This prompted him to appeal this summer to the Middlebury Board of Civil Authority (BCA) for a reduction in his property taxes. The BCA denied his request, but partly on the grounds that the issue was not one appropriate for tax relief but rather for Act 250. Three members of the BCA visited Israel's property 14 times and agreed that the noise constituted a cause for complaint. Israel said that he would have sought legal redress no matter the outcome of the BCA decision.

Henriette Leaner Hahn, another Gorham Lane resident, agreed with Israel's assessment of the situation. "There is a lot of noise. There is noise year round," she said, calling it a nuisance, although she says it affects her less directly than others because of the location of her property.

Resident Shelly Hudson is likewise irritated by the noise and by the fact that it prevents her from enjoying her yard and forces her to close up her house in the summertime. "I think he [Israel] stated it well in saying that there's no joy left," she said, referring to a Nov. 8 article in The Addison Independent. Hudson thinks that most of the neighborhood shares her feelings and those of Israel and Hahn, although Israel and his wife Paula Israel are the only ones involved in the legal action.

Hahn is also frustrated by the College's response. "It seems to me that the College is doing nothing," she said, adding that she has made efforts in the past to contact someone at the College about the noise problem.

The College did hire the acoustical engineering firm of Shen, Milsom and Wilke, Inc. to measure noise levels in the neighborhood this summer. Following their 24-hour noise monitoring, they reported that the cooling towers did not affect ambient noise levels. Benoit mentioned the possibility of having the firm repeat their investigation from a different site in the neighborhood, possibly Israel's property. He also said that the informal feedback he has received from Gorham Lane residents suggests that they find the noise present but not disturbing.

The Planning Commission is in the beginning stages of its investigation, according to Town Planner Fred Dunnington. He said that it is too early to tell what the outcome will be. "We're just in the stage of gathering information," he said.