The Board of Directors of the Fairmont Plaza condos directly adjacent to the site is advising residents to file a Two-Party noise complaint with the County any night or morning they are awakened outside of legal working hours. Residents of 7770 Norfolk, Bainbridge Bethesda or any other residence in earshot can do the same. Those filing complaints should also alert their building manager each time, so that they can track the infractions by the construction company.
62 comments:
The Montgomery County noise ordinance does not restrict construction work before 7 AM on weekdays and 9 AM on weekends. The ordinance restricts the noise level eminating from a construction site, at the receiving property. It is a misunderstanding that construction work is prohibited before the restricted time. Work can continue 24/7, as long as the noise level is below the allowable level during the restricted hours.
Its sadly comical how much noise there is in the Woodmont Triangle area between 4am - 7am - Constant noises from garbage trucks and construction.
And yeah "Know the Rules" person, you're right. But no one is monitoring the noise levels and the construction companies are exploiting it.
Lets be clear- Demolishing 7900 (currently underway) cannot be done silently, therefore this work can't start in the pre-dawn hours. That includes noise from trucks beeping, running engines, etc.
They are not going to be able to dig a massive hole and construct a building silently. They can't start work in the pre-dawn hours.
Either have noise regulations and enforce them or don't bother pretending the regulations exist.
I doubt Bethesda residents will have their needs catered to until we have a Bethesda resident on the Council that can be responsive to our needs.
6:47AM - "Lets be clear" coming from an anonymous personality posing as an authority. Pfft.
You are flat out incorrect. work can be started at an time. truck's back-up beeping is within noise limits. An engine running is within noise limits.
7:03 AM Construction workers can't create noise above a defined level at 4am. That includes truck beeping. Full stop.
"Full Stop"! I love it, welcome to Babbleonia where know-it-all bloggers profess to know it all, and don't know shit. The arrogance of the Bethesda brainset.
...and beeping trucks are within the "defined level." Full stop.
7:40 AM I've seen many construction sites with signs reminding workers to NOT create any noise before 7AM, including calling out beeping trucks specifically.
Is 7900 reminding their workers of this?
Hey "Boyce Bowles", if you don't mind embarrassing yourself by knowingly spouting bs, then go for it. No one really believed you to begin with, you know, with you being an anonymous personality of the sheepshill variety.
Strange to read a couple of people (small, vocal minority) defending developers creating noise at 4am that wakes neighbors up.
Boyce Bowles/Dyer and 9:16:
It's a pretty black/white situation. The ordinance says the noise cannot be above a certain level. If the noise is above the specified level then the workers are in violation, if not then they are operating perfectly legally.
Simply stating that they're making noise and waking up residents is not a valid complaint.
9:50am Right, but how do you know anything about this particular case.in regards to volume?
You are commenting online about a situation you know nothing about. Why start with the assumption that the residents are wrong?
Dyer is doing good constituent service here.
10:09 AM Journalist, news publisher, community activist, life long resident. No one has been more active in Bethesda issues than Dyer...pretty good resume for public service.
1:16pm keeps posting the same lies anonymously.
Meanwhile Dyer is active on issues important to the Bethesda community.
Dyer has been very active on pedestrian safety, development issues, historic preservation, transportation, etc.
Dyer's Google Analytics tell the true story about his audience. He has wide readership across multiple platforms.
"Dyer's Google Analytics tell the true story about his audience"
So, if you've actually seen them, then what numbers do they show? How do they compare with data for other local news sites?
Same guy posting negative comments anonymously. Believes he is the only reader of Dyer's blog and that Dyer is writing all of this, just for him.
The same few things trigger the troll today as they did years ago: anything posted after "office hours", Dyer's masthead, any mention of a "lit sign", obsession about Dyer's sources while never citing any in his own blog...
Apparently this report was so triggering that someone had to post a threat to me and my family again. You do realize you're facing 2 years in federal prison just for posting that threat, moron?
Robert, you realize we see the comments you delete, right? It’d be easier if you treated other people like humans instead of spending all your time deleting comments. Do you think your readers seriously think only people defend you in these comments?
7:03: Uh, no, construction sites can't operate before 7 AM without a noise waiver from the County. That includes beeping trucks on the site. Idling a vehicle engine more than 5 minutes is against the law in Maryland at all hours.
I love the way Dyer deletes comments, then claims that he was "threatened" in the deleted comment.
Dyer's self proclaimed #1 fan just posted 4 weird anonymous comments in a row.
Anonymously lobs insults and calls the one man who actually signs his comments (Dyer) a "coward". lol...you can't make this stuff up.
Sec. 31B-6. Noise level and noise disturbance standards for construction.
(a) Maximum allowable noise levels for construction.
(1) A person must not cause or permit noise levels from construction activity that exceed
the following levels:
(A) From 7 a.m. to 5 p.m. weekdays:
(i) 75 dBA if the Department has not approved a noise-suppression plan for
the activity; or
(ii) 85 dBA if the Department has approved a noise-suppression plan for the
activity.
(B) The level specified in Section 31B-5 at all other times [62 db for non-residential noise area, 55 dB for residential noise areas].
https://www.montgomerycountymd.gov/DEP/Resources/Files/downloads/compliance/Noise-control-ordinance.pdf
3:57: I guarantee an inspector would shut a site down operating in the middle of the night without a waiver. You can't operate and idle heavy equipment next to a residential building at 4:30 AM. Period.
So, from the actual law that relates to this issue, as long as the equipment/personnel don't make any noise that exceeds 62 dB before 7:00 am (10:00 Dyer Time) at the 7900, they are operating legally.
Dyer, 3:57 PM cited the law that covers the noise limits. Can you cite the section about the requirement that a waiver must be obtained, even if the noise level never exceeds 62 dB?
Fairmont Plaza are the same arseholes who shut down Parva. They should all move to a retirement community.
Dyer most certainly can’t cite any section. If he wasn’t making it up as he went along, he’d have provided the section by now. It’s so evident that he’s wrong here and he still won’t just say, “thanks for pointing that out...I learned something new.”
I just read that the sound of a typical alarm clock is 75 dB; a garbage disposal is 80 dB. Do I need a waiver from the County to use these?
Dyer got #Triggered because he thought "dB" meant "douchebag"
So, Roger Berliner's official response is that his toaster is louder than the demolition and that his constituents should shut up?
I notice Plaza Construction has no visible signage posted about noise.
From the MoCo noise ordinance;
The noise disturbance criteria are more subjective, and dependent upon the observations and testimony of witnesses and/or a code enforcement officer.
A noise disturbance, as defined by the Montgomery County Noise Law (56KB, PDF), is any sound that is:
Unpleasant, annoying, offensive, loud, or obnoxious
Unusual for the time of day or location where it is produced or heard
Detrimental to the health, comfort, or safety of any individual or to the reasonable enjoyment of property or the lawful conduct of business because of the loudness"
"On Monday, December 4, several residents reported workers arrived at the site at 4:30 AM, and began to make noise."
Reported to whom? To they County? Or just to each other? How did you find out about this?
"The Board of Directors of the Fairmont Plaza condos directly adjacent to the site..."
It is not "directly adjacent". The Next Day Sign Express and Pure Om Hot Yoga are in between.
"...is advising residents to file a Two-Party noise complaint with the County any night or morning they are awakened outside of legal working hours."
Have there been any two-party noise complaints filed thus far? Has anyone called 311?
"Unpleasant, annoying, offensive, loud, or obnoxious"
"Unusual for the time of day or location where it is produced or heard"
Does this mean that the County can shut down Dyer's blog as a nuisance?
Of course you can do construction in the middle of the night -- as long as it's below the noise limit.
We did a big renovation on our house and the contractors were running behind schedule, so they wanted to come in on the weekend when the noise limit is lifted at 9am instead of 7am. It was fine for them to work before 9am as long as they stayed below the limit. They got plenty of painting and interior work done at 7am on a weekend morning.
7:19pm Let's be clear: demolition, excavation and constructing a highrise isn't comparable to you moving a paintbrush in your house.
"Let's be clear" coming from an anonymous personality posing as an authority. And being rather insulting to boot. Pfft.
7:19: Again, any construction site trying to operate at 4:30 AM next to an apartment building is going to get a stop-work order from the county. Period.
Boys Balls: "You moving a paintbrush in your house" is an extremely silly straw man. There are plenty of household construction activities that generate significant noise.
Saith Dyer: "Again, any construction site trying to operate at 4:30 AM next to an apartment building is going to get a stop-work order from the county. Period."
Not if they don't exceed the nighttime noise limit. Birdbrain. It's perfectly legal to show up at a construction site and prepare for the heavier work that is allowed after 7 AM.
7:27 AM You want to rehash the same debates again and again. Dyer is a journalist and publishes several local news sites. Meanwhile, you're desperate for attention from Dyer.
7:42AM - Meanwhile, you're desperate to please Dyer.
He's not a professional journalist.
What professional organizations does Dyer belong to? The American Society of News Editors? Society of Professional Journalists? Investigative Reporters and Editors? Bureau of Investigative Journalism? or the Online News Association?
What subjects did Dyer study to become a journalist?
Undergraduate Programs? A bachelor's degree in a relevant field, such as journalism, communications or English?
Dyer is an armchair journalist, armchair construction engineer, armchair accountant, armchair musician.
8:27 am
I don't know what organizations Dyer belongs to, but there is no journalist license or certification. There is no secret badge and no entity exists that bestows any kind of official designation.
You and I both know you don't have to have a journalism degree to be a journalist. Many publishers and journalists I read daily have come from different backgrounds.
It's fine you don't like Dyer for whatever reason. That doesn't change the fact that he is a journalist and local news publisher. He's certainly a subject matter expert on Bethesda.
@Dyer 7:19: 7:19: Again, any construction site trying to operate at 4:30 AM next to an apartment building is going to get a stop-work order from the county. Period.
Cite your source.
How is Dyer an "armchair" journalist and musician when he is producing local journalism daily and is a music artist with published work?
"Armchair" would be an out of shape guy like you sitting at home blogging about sports.
Can I gift you a dictionary and thesaurus for the holidays?
8:55 AM No one covers the Bethesda retail, restaurant, transportation, crime and development beats like Dyer. He is well established.
And photos taken after your office hours are not 3 AM.
Please go back to your dream of blogging about sports and leave the local news coverage to a subject matter expert like Dyer.
8:39AM - Note my comments were regarding professional journalists and nothing about liking or disliking anyone.
You need to brush up on your reading comprehension.
Instead of that knee-jerk reaction to insult and dismiss what others say, why not try listening to them? Whatever your reasons for constantly stroking Dyer's ego, it doesn't change the reality that he misrepresents opinion as fact.
9:11 AM There is no "professional" certification to be a journalist! Journalism is not a profession like law or medicine which require a license.
Dyer is a professional journalist...he publishes journalism daily. It is what he does.
You may think it's great or bad journalism, but it is journalism.
"And photos taken after your office hours are not 3 AM.
"Please go back to your dream of blogging about sports"
Who is this "sports blogger" to whom you keep referring?
'https://www.americanpressinstitute.org/journalism-essentials/what-is-journalism/elements-journalism/
Robert Dyer meets none of these criteria.
He won't even disclose his conflict of interest regarding the Fairmont Plaza.
Thanks for the link! Dyer satisfies all of those requirements.
Most importantly as an "independent monitor of power". Much needed in MoCo, more than ever.
I never said it wasn't journalism. I never said there was a certificate. You're ignoring the word "professional."
He would not be considered a professional journalist. Is he engaged in journalism as his main paid occupation rather than as a pastime? Does he have the education or experience? Does he possess the appropriate skill and competence of a professional journalist?
"Its essence is a discipline of verification"
"When the concept of objectivity originally evolved, it did not imply that journalists were free of bias. It called, rather, for a consistent method of testing information – a transparent approach to evidence – precisely so that personal and cultural biases would not undermine the accuracy of the work. The method is objective, not the journalist.
"Seeking out multiple witnesses, disclosing as much as possible about sources, or asking various sides for comment, all signal such standards. This discipline of verification is what separates journalism from other forms of communication such as propaganda, advertising, fiction, or entertainment."
Robert Dyer doesn't even come close to meeting this criterion.
"Keeping news in proportion is a cornerstone of truthfulness. Inflating events for sensation, neglecting others, stereotyping, or being disproportionately negative all make a less reliable map. The most comprehensive maps include all affected communities, not just those with attractive demographics. The most complete stories take into account diverse backgrounds and perspectives."
Another FAIL for the hobby blogger.
9:49 AM Dyer is more objective than others I've read. I mean, we have folks on other sites reporting on businesses they own without disclosing, so give me a break.
Every other blogger/writer reporting locally is solidly behind our local elected officials. That's their right, but they're not professional journalists. More like professional puppets.
None are acting as a "independent monitor of power" except for Dyer. I'm guessing they're auditioning for jobs with the next Council. Maybe Neil's position will be open.
10:09AM - Are you Dyer's mom? People don't defend others wholeheartedly unless they're paid or family. Which are you?
10:09am you lost this debate, floundered and then you turn to me, shaking, and say "you're Dyer's mother, right?"
You are a weird one, mr. Anonymous.
I would have said Robin Ficker but perhaps Robin thinks that commenting on this blog isn’t good for his candidacy?
The general county noise regulations are only a starting point. Virtually all of these new high rises are required to file a detailed noise mitigation plan with the county, which has to be approved by the county. I have seen a couple of these plans, and they are quite detailed and can be much more stringent than the general county noise rules. Building construction people are required to follow their noise mitigation plan as well as the county rules. I do not know whether 7700 has a noise mitigation plan filed, but if they do, it is probably somewhere amidst the morass of documents on the county planning web site.
The big problem not yet discussed is how to get the noise rules enforced. Based on my previous experience, in general the County Police don't feel that they have the authority to enforce the noise rules. The county environmental protection division can enforce these noise rules, but in general they work only during regular business hours on weekdays; it is not easy to get them to come at 4 AM. It is not clear to me whether filing written noise complaints with the county ever gets anywhere - it might be more effective to go through your county council member.
Take note, Mr. Dyer. Valuable information a journalist would have included.
1:21pm Damn...you desperately want attention from Dyer & Ficker.
I think they'll keep ignoring you.
9:47/9:49, et al: Your amateur lecture on journalism is laughable in the context of Montgomery County's media landscape: A few house organs for the local political cartel. My sites are doing all the heavy lifting, which is why your boss has you spending so many man hours hanging out here and trolling, *****.
1:36: Take note, Mr. Troll. Valuable information I repeatedly stated more briefly: You will be shut down if you try to operate a construction site next to a residential building at 4:30 AM. Period.
"You will be shut down if you try to operate a construction site next to a residential building at 4:30 AM. Period."
Your article claims that, by your definition, a construction site was operated next to a residential building at 4:30 AM, without being shut down. Period.
Also, you once again refuse to acknowledge the distinction between workers arriving on-site, and preparing for heavy construction, and the actual construction itself.
6:12 AM This isn't so hard. If workers want to arrive, that's great. But they can't wake up the neighborhood at 4AM with loud noise.
If JBG wants to be a good neighbor, I assume they will quit the noise before other actions need to be taken.
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