Business noise complaint

Submitted by MikeG782 t3_108n9yx in newhampshire

New to Reddit so not actually sure if I’m doing this right… I share a property line with a very noisy business in NH. Very. Noisy. They have an almost all outdoor operation and their operating hours are 4am - 11pm. We’ve complained to the town planner and eventually got the contact info of one of the regional directors at the company. He’s very nice and listens but doesn’t change anything about the noise. The only thing they’ve done is put up noise mitigation along their chain link fence which has done NOTHING to mitigate the noise. My family and I feel helpless and aren’t getting enough sleep and can’t even enjoy our own backyard. Does anyone know if we have any legal options in NH or anything we can do with the town? TIA!

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findasafespace t1_j3taa98 wrote

If they aren't violating town ordinances or laws, you have two options. Deal with it, or move.

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Dependent_Ad_5546 t1_j3tkkdc wrote

Reminds me of those who buy properties next to gun ranges that have been around 50 plus year and then try to sue and close them down for noise issues. Gotta research before buying…

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l337quaker t1_j3ua91j wrote

The unfortunate part is when they sue and win. RIP the range in Troy.

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OperatorDelta07 t1_j3wwh1c wrote

My gun club has been going through that type of bullshit for a number of years now.

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-Codfish_Joe t1_j3tmal7 wrote

You've told too little for anyone to know. There are so many variables, that without telling us exactly which business it is (and therefore who you are), no one can tell.

There's fact that you've complained to the town planner and didn't get steered to an official who could help, but only got the contact info to someone at the company. That tells us that there probably isn't something the town can do to stop it.

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chevyadsict83 t1_j3tmgww wrote

Did the business open after you moved in?

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kathryn13 t1_j3tiy8g wrote

Check your zoning law for the town and specifically your property. Is it 1. zoned for business and 2. contain any clauses for business operating hours. The the town planner chat with you about zoning?

If it's zoned for that business and you guys bought the property next door, there's not much you can do about it.

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NHNerfer22 t1_j3tdq97 wrote

Since you said they are operating during their business hours, I believe that "overrides" any noise ordinance in the town, but I am unsure. I would suggest consulting the local or regional PD or ask a lawyer what you can do about it.

If I am correct and everything is legal, you can either move or deal with it.

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Efficient_Dog59 t1_j3teal7 wrote

I don’t see how their “operating hours” would over rude town noise ordinances. The town will/may have quiet hours. That over rides what working hours are for J Random business.

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last1stding t1_j3tleg5 wrote

What's the business not the name but what do they do ? Was it there when you bought the property ? How long have you owned the property ? You might have some recourse if the person/realtor who sold you the property did not disclose this.

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kells938 t1_j3tqqtl wrote

I agree with others. Was the business there first? Most noise ordinances are 10 or 11p. Get a box fan 🤷🏽‍♂️

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Selfless- t1_j3tlxsi wrote

Almost every town has a unique noise ordinance. It’s a zoning or planning issue. Talk to your Town Clerk to file a complaint. Town can then arrange for inspections and hearings.

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StatelessConnection t1_j3tzs92 wrote

Did the business exist before you moved there or did they pop up after? Likely unless they’re violating any noise ordinances you can deal or move.

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TheMobyDicks t1_j3xg0lb wrote

Most towns have noise ordinances based on decibels and time of occurrence. And, for most towns, the earliest one can go above X decibel level is 7:00 AM. Town planners rarely want to deal with public complaints. Talk to a sympathetic City Councilor or Select Board member.

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smartest_kobold t1_j3tqepr wrote

Can your property be seen from the business and how do you look in a Speedo?

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MikeG782 OP t1_j3tsak1 wrote

I WISH we lived next to a gun range haha. We can actually hear the one from the town over. To add a bit more info: The business is a distributor of materials. Don’t want to give much more info than that. The problem with the local noise ordinance is it is for dwellings only. They are in an industrial zone. The business was there before the house. I was well aware we were likely going to be dealing with a decent amount of noise given the size of the business but incorrectly assumed they would be operating during typical business hours 9-5 type deal. How was I supposed to know otherwise? Definitely appreciate the advice so far! I think I’m in a deal with it or move situation ☹️. I might try to do something using state law RSA 147

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grafvonorlok t1_j3tue7i wrote

I don't want to sound like a dick here but what I'm getting from this story is that you bought a house next to an established business, made an incorrect assumption about their noise and business hours, didn't do any research on the company, contacted them and they made some changes at your request (ineffective but they tried something), and now you want to "do something" based on public health regulations?

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MikeG782 OP t1_j3u05bh wrote

What research would you do?

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grafvonorlok t1_j3u1huu wrote

Hard to say without knowing the specifics but if I was moving in next to a business I'd Google then to see what I can find, talk to prospective neighbors, check with my real estate agent, check up on the local zoning and rules.

I've never looked into property near a business of any sort, I prefer rural areas, but that's all stuff I've done for residential properties.

It sounds like a shitty situation and I hope you can find an amicable solution

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MikeG782 OP t1_j3u3a6c wrote

I did some of that but that’s good advice so I don’t make the same mistake twice! I’ll probably see how much further I can get with the contact I have that works there and look into sound proofing

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DeerFlyHater t1_j3vx0uf wrote

Show up at the property and listen is an easy one.

I didn't buy land near a sawmill in Rumney for this reason. Not due to the noise from the saw or trucks, but due to the noise from the backup beapers on the equipment they were running.

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OccasionallyImmortal t1_j3x3457 wrote

> noise from the backup beapers

It's amazing how often the backup warnings are louder than the construction work itself.

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dojijosu t1_j3xlcgz wrote

Drive past at various times of day and listen for noises?

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Able_Cunngham603 t1_j3tv3mv wrote

>> How was I supposed to know otherwise?

Umm, this is just a shot in the dark … but maybe by doing your own research?

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MikeG782 OP t1_j3u06wz wrote

What research would you do?

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are_we_in_a_fight t1_j3u9y64 wrote

Even when purchasing in a residential area, I stalk the property at all hours before deciding to buy... go there at night to see what noises there are, what kind of light shines on the house (street lights illuminating a bedroom, for example), on weekends to see how the neighbors party, etc. I research the utilities available, costs that the current/previous owners paid. Maybe even talk to a neighbor I see working in their yard, ask them what their experience has been. You can also usually pull permit records to see what kind of work the house has had done on it over the years, or if a neighbor is planning a big addition that could block a view you thought you were buying. I might look up the local police logs and local paper to see what kind of drama the town has and ask myself if this is the kind of community I want to invest in. You'd be surprised what you can find. There was one town I looked at buying in (and eventually decided against) that I discovered had a lot of drama at the municiple level with tax increases, tax distribution, permitting, potential growth proposals that would change traffic patterns, light pollution, etc. There was a house we loved that was across the street from farm land. Turned out that the elderly owner was leaving the property to the NRA, which meant high potential for development in the future. We walked away (never get emotionally attached to a property!). The town I currently own in has a lot of issues with over development and the water table being stressed. Many new owners are freaking out because their wells are dry, but had they looked into the meeting logs, Facebook posts, etc. they would have seen that the issues they are experiencing existed for years before they moved in.

You can't catch it all, but there is definitely a lot of due dilligence that can be done before purchasing a property because, as others have said, once you move in, there isn't always a lot of recourse to be had.

Lastly, keep in mind that realtors just want to sell property. They aren't going to be forthcoming with information that makes their job more difficult. You have to do that work yourself (and it's not really as much or as time-consuming as my list suggests).

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MikeG782 OP t1_j3uba7p wrote

Are you a realtor?! That is solid advice. We’ve been in the house for a few/couple years and as you know the market has been high stress for buyers. If you don’t make an offer within hours of viewing then you lose out. In a perfect world we would have had more time to do more research but we made our bed so now we have to lie in it awake because of the noise lol. Based on everyone’s feedback here I don’t think we have any legal options. Just gonna hope it doesn’t get worse and start house hunting

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are_we_in_a_fight t1_j3ud9fc wrote

Ha! Not a realtor, but definitely found myself quickly fed up with dealing with them while purchasing my first property (on my 4th). I rarely work with a buyers agent, make sure I have a solid attorney, and represent myself.

At least your next purchase might go more smoothly and the market is shifting in your favor. Live and learn! Good luck with everything-- sincerely!

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Umbert360 t1_j3uef11 wrote

The upside of this is that you will probably be able to unload the place without taking a big loss because there’s so much demand. But then you’ll be right back in the same boat, looking for a new place for yourself. That’s why I haven’t sold the house I bought in 2019 for a big profit

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MikeG782 OP t1_j3uhl3g wrote

We bought the house before COVID so we will easily make a profit. Only problem is all that profit will have to go towards a down payment for a comparable home to keep the mortgage around the same

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Able_Cunngham603 t1_j3u2nz2 wrote

None. I would make some assumptions and then wait until after I purchased to ask Reddit for help and advice.

… oh wait.

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MikeG782 OP t1_j3uc1qq wrote

Wasn’t trying to be snarky with my question. Just curious if I could have done more research than I did when I bought the house. Of course I could have but too late now. I figured the best way to get honest advice was to ask strangers on the internet

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vexingsilence t1_j3tumpq wrote

>The problem with the local noise ordinance is it is for dwellings only.

Not much you're going to be able to do if you can't convince the business to accommodate you. Maybe install better insulation and windows in the home? That's a solution used for homes near noisy airports. The NH RSA isn't likely to help. You'd have to get the town onboard and they're probably going to side with business given its zoning.

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MikeG782 OP t1_j3u0kwv wrote

Yea I’m exploring all options at this point. Considering sound proofing

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liptoniceteabagger t1_j3tvr3k wrote

They are in an industrial zone, with an established business prior to your house being built? Unfortunately it sounds like your complaints have no merit.

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