MIDDLEBURY - Residents voiced concerns about noise and depreciation of property values at a Planning and Zoning Commission public hearing Thursday, February 5, on Quassy Amusement Park's application to remove the Mad Mouse roller coaster, bocce court and horseshoe pits, relocate a volleyball court and add three new rides.The three proposed rides are a wooden roller coaster, a water slide and a drop tower ride.The application for the water slide, which would be sited along the lakeside, is currently before the Conservation Commission because a portion of the proposed slide is within 150 feet of the lakeside setback area.
The drop tower, called Free'n Fall, is a carriage that moves vertically up and down along a 35-foot high track. The applicant proposes placing this ride adjacent to a ticket booth which the commission already agreed the park could remove.
The proposed wooden roller coaster, estimated to run on a 1,200-foot track, will replace the bocce court and horseshoe pits. The volleyball court, also within this area, will be relocated to the west of its current site.
The applicant proposes to have the new roller coaster ready by 2010, the drop tower by 2011 and the water slide by 2012.
In a letter to the commission, Dean and Linda Yimoyines, who have been living on Lake Quassapaug since 1984, told commissioners, "The park is an eyesore, an unwanted neighbor which continues to interfere with our right to quiet enjoyment... We implore you to stop inch-by-inch expansion of the park and to protect the rights and interests of the many adjoining and surrounding property owners."
John McDonald, whose family property lies to the west of the park, complained about screaming people, noise pollution and the consequent depreciation in property value.
Linda Shapiro, who lives behind the lake, reported she has gone to the police several times with Mr. McDonald to complain about the noise. However, since Middlebury has no noise ordinance, the police said there was nothing they could do.
Attorney Michael McVerry, representing Quassy, submitted material to commissioners about the park's history, site plans drawn by Curtiss Smith of Smith & Co., Engineers and Surveyors, acoustical studies addressing the noise pollution from rides and a letter from the Middlebury Volunteer Fire Department.
Mr. McVerry said his client received 11 complaints last summer about the noise.
Activities on the McDonalds' property or at the former Yacht Club could be held accountable, he said.
Bennett Brooks, president of Brooks Acoustics Corporation, for Quassy, presented a study of the Boulder Dash roller coaster at Lake Compounce.
The Boulder Dash, a wooden roller coaster with cars running on metal wheels against metal tracks laid on a wooden structure, is similar to the proposed roller coaster at Quassy.
Mr. Brooks said the proposed roller coaster for Quassy is "a thrill ride for small children... a much smaller type of foot print" compared to the larger one at Lake Compounce.
The Boulder Dash travels at 65 mph. The proposed Quassy roller coaster is expected to travel at 32 mph.
Mr. McVerry specified the roller coaster was for "family rides" and not for teenagers seeking a Six Flags level of entertainment. At Six Flags, Mr. McVerry said the drop tower climbs to 100 feet. The proposal for Quassy's Free'n Fall is 35 feet.
Mr. Brooks scaled down the results from the Boulder Dash according to the parameters of Quassy's proposal, then projected them out to the nearest property line, Mr. McDonald's.
The result was 48 decibels (dBA), equivalent, Mr. Brooks said, to a quiet voice.
Sixty-two decibels, Mr. Brooks said, is the sound of a quiet conversation. As one moves further away, he explained, toward other property lines, the noise decreases due to distance.
Mr. Brooks said hydraulic pumps for the proposed water slide, called the Bullet Bowl, and the Free'n Fall will be enclosed in a motor house and will not contribute to the noise.
Ms. Shapiro questioned the effects not just of one ride, but the cumulative effects of all three. She said that since Middlebury does not have a noise ordinance, state's noise regulations would govern the park and brought a copy of the Connecticut Regulations for the Control of Noise for the commission.
State noise regulations allow a noise limit of 62 decibels.
"This project is well within the state regulations," Mr. Brooks said, "and it is at such a low level, that it would essentially blend in with the background."
"I don't consider assimilated noise survey particularly accurate," resident David Shapiro said. "It's un-validated. We don't know the data... it's all completely hypothetical. I don't think this commission should be vulnerable to a false sense of complacency."
"This is science," Mr. Brooks said, inviting the commission and members of the public to check the accuracy of his studies for themselves.
Though Commissioner Bill Stowell said he agreed with the scientific calculations, he suggested to Mr. Brooks that it was unfair to talk about just one ride and its numerical value.
"You can't talk about one ride being 48 decibels and not include the other noises."
Mr. Stowell questioned the impact all the rides together would have on neighbors and the disruption to their lives.
"I think they have a valid point... There's a lot more than just a 48. It's not all science and acoustics," Mr. Stowell said.
Engineer Curtiss Smith of Smith & Co. presented the site plans which, he said, fit the criteria specified by the state.
The only effects of the proposal, he said, would be a change in the area coverage: an addition of 2,663 square feet of new rides and a reduction of 3,344 square feet of pavement due to new rides.
Attorney Paul Pollock, on behalf of the McDonald family, said Mr. Smith's site plans show both paved and grass parking.
Grass parking is not permitted, he said, quoting parking regulations. Shrubs, landscaping and the specification of "one tree for every ten cars" for parking lots have not been taken into account, he said.
Mr. Pollock also raised concerns about non-adherence to setback regulations and lack of a buffer area required by CRD regulations between Quassy and other properties.
He disputed the site plan's footprints which, he said, only takes into account the rides' square footage. He said accessories, such as fencing, and extra areas around the rides, were not taken into account.
"There are a number of things he [Mr. Smith] doesn't include in his coverage that fit within recreational, business and service facilities."
Mr. Pollock believed the applicant had not taken into consideration Quassy's beach, private party, picnic and Lakeside Theater. These, he said, are all paid admissions and fall under the commercial, recreation or business regulations.
According to Planning and Zoning regulations, "All commercial, recreation, business services and accessory facilities are limited to 20 percent of the total land area for permanent or semi-permanent amusement installation.
"At least 25 percent of the total land area must be devoted to landscaped open space... The remaining 55 percent is restricted to parking use and service roads."
Mr. Pollock presented a new site plan with the footprints only of each ride transposed onto the open area of the park. He said it totaled less than the maximum allowance of 20 percent.
Mr. Smith site plan, Mr. Pollock said, conveniently helped all the rides to fit within the 20 percent limit, because Mr. Smith was not taking into account accessories that should be included.
"He's taken a very restrictive interpretation of the regulations," Mr. Pollack said. "It doesn't make sense."
Mr. Pollock said the park already has parking problems and if Quassy's new site plans were approved, there would not be any parking left.
"This board has to put a common sense interpretation of what the regulation says.
"The application cannot be granted based on what has been presented before you," Mr. Pollock said. "Leaving aside the noise, leaving aside the other things, the site plan itself doesn't meet the requirements.
"If you continue to let them add piece, by piece, by piece," Mr. Pollock told commissioners, "without living up to their requirements and responsibilities, then the regulations might as well be thrown out."
Mr. McVerry, for Quassy, challenged the "common sense" approach. Quassy Amusement Park, he noted, has been in existence since well before the commission's regulations and should not be required to comply with those regulations.
He emphasized Mr. Brooks' tests as scientific and based on empirical facts.
"He doesn't just pull numbers out of the air. This is what the man does for a living."
Mr. Smith defined a park ride's coverage as consisting of the mechanical components that one rides on and not the accessories. He said he did not feel it appropriate to count the other areas as a building or a ride.
Commissioner Curt Bosco asked Mr. Brooks and Mr. Smith what the net gain or reduction would be with respect to noise levels and land coverage of the new proposal.
Mr. Brooks said there would be a net reduction in noise level. Mr. Smith said there would be a net gain of 0.4 percent in area coverage.
"Negligible, basically," Mr. Bosco said.
Chairman Terry Smith read letters of support the commission has received for the application.
Betty Proulx, director of Parks and Recreation, supported Quassy Amusement Park's proposal.
"The Commissioners and I are impressed with the choice of new rides and the thought that Quassy has put into this enterprise."
Resident Traci Griffin and Charles W. Bray, president and CEO, International Association of Amusement Parks and Attractions, both highlighted Quassy Amusement Park's support of the community and several fund-raising programs.
"Change is a part of life," residents Wayne and Sandra Sullivan wrote, "let's not let it get in their way."
Commissioners continued the public hearing to Thursday, March 5.