10855 Bailey Road to the south and east of Glenridge neighborhood
Aug. 21. By Dave Vieser. The town can pass noise regulations but they’re only as good as the paper they’re printed on if contractors won’t obey.
Recent events prove the point: Residents backing up to the rear of an industrial property on Bailey Road say there’s been no abatement in construction noise despite a new ordinance that restricts noise coming from industrial properties.
The ordinance, which governs the times and location construction activities may occur, was expanded to include industrial properties by the Town Board at their Aug. 7 meeting.
Previously, the noise ordinance only applied to residential and business districts, according to Planning Director Rox Burhans. The new amendments expand the applicability to all districts, including industrial sites.
None of that seems to have helped thus far.
No relief
“Crews continue to work well beyond the bounds of the noise ordinance despite the recent changes the Town made,” said Nick Roberts, a Glenridge resident. The neighborhood adjoins the Caldwell Station Greenway which separates it from the industrial site.
Roberts wrote to Cornelius today at 2:30 am Thursday morning Aug.17 “because I cannot sleep through the noise. I’ve actually called Cornelius PD to file a report but I feel pretty helpless.”
The Cornelius Police Dept. tried to help. The contractors were provided notice that the Town Board was changing the law on Aug. 7, so they were aware. “Officers did respond and were advised by on site-personnel that they had received permits for the night work” said Deputy Mayor Wayne Herron. “This is not accurate. No night work exceptions have been issued. The officer then warned that citations would be issued.”
Fines are ‘cost of doing business’
The on-site personnel advised that they would continue to work even if citations and penalties were issued.
“They had about $500,000 worth of concrete to pour and they said the citations and penalties were the cost of doing business,” Herron explained.
Wayne Herron
Herron said If work continues and citations continue to be issued this week the town will draft a stop work order and provide that to the on-site personnel, “and we will shut down the entire project.”
However, after being contacted over the weekend by Cornelius Today, the contractor took a more conciliatory approach.
“ARCO has been advised by the town that they recently revised their noise ordinance and we are working with them to comply with all applicable law,” said Joe Matthews, CEO of ARCO design/build.
Background
The project under construction is the 18-acre North Commerce Center on Bailey Road.
Residents said the site has been clear-cut, adding more noise from Bailey Road businesses and traffic.
In 2022, the Cornelius Planning Board, acting as the town’s Board of Adjustment, unanimously granted a special use permit to Oak Engineering, on behalf of North Commerce Center/Bailey Road. The Charlotte firm sought the permit for vacant property at 10847/10855 Bailey Road.
The 18-acre site, once farmland, has a greenway easement through the western side of the property. The proposed buildings would total 195,250 square feet.
