Noise rules don't affect church traffic

BY ROB JENNINGS
DAILY RECORD New Jersey's noise control regulations would not apply to cars entering, exiting or moving around a proposed mega-church in Rockaway Township, nor would they apply to traffic on nearby roads, the state Department of Environmental Protection said in response to an inquiry from the township.

Rockaway Township, though, might be able to restrict noise levels emanating from the 107-acre Christ Church site on Green Pond Road, according to a Jan. 12 letter from DEP Office of Local Environmental Management Chief Deborah Pinto.

"Vehicles that are unnecessarily loud or lack properly operating muffler devices could be subject to enforcement under the local public health nuisance code or other applicable codes," Pinto wrote in a letter to Matthew Murello, a consultant hired by Rockaway Township.

The possibility of high noise volumes was discussed at the 24th planning board public hearing on Jan. 9. Edward Potenta, an consultant hired by the 5,000-member church, testified that noise levels would remain within acceptable levels.

Christ Church's building plan includes a 2,512-seat sanctuary, private K-5 school and other facilities.

Mayor Louis Sceusi, a planning board member, said today that numerous factors -- from an onslaught of car engines starting up on Sunday mornings to doors slamming and squealing brakes -- could result in high noise, particularly when lumped in with 52 air-conditioning units on the roof.

A 25th planning board hearing will take place in February.

Board chairman Mort Dicker said the board will continue exploring the noise issue.

"That's one of the things that would affect the neighboring residents, but just how much it is, and how you would measure it, is something else," Dicker said today.

"We're trying to see what impact it has on neighboring residences," he said.

Christ Church spokesman Marc Weinstein maintained that the church's plan would not result in unreasonable noise. Weinstein charged that building plan opponents were fishing around in a desperate attempt to further stall the controversial proposal.

"We applaud the DEP in recognizing that motor vehicles entering or exiting ... does not constitute a violation of state noise control regulations," Weinstein said.

Pinto, in his letter, said that houses of worship are defined as "community service facilities," along with schools, club meeting halls and hospitals.

Pinto wrote that DEP "has authority to promulgate regulations to control or regulate noise from motor vehicles in accordance with the Noise Control Act ... but has chosen not to do so at this time."

Pinto added that "noise from public roadways is exempt from the (state) regulations" -- a setback to residents who argued that noise volumes on Green Pond Road should be a factor in the planning board's deliberations.

The letter appeared to give the township leeway in trying to regulate noise at the site on its own, but Weinstein wondered how that might be accomplished.

"That's their prerogative, if they have the manpower to do so," Weinstein said, adding, "If they just single out the church's property, that would seem a little bit biased."

Hearings are proceeding despite a federal lawsuit filed by Christ Church against Sceusi, the planning board, council and environmental commission last April and a related civil rights inquiry from the U.S. Department of Justice.

The DEP, meanwhile, has yet to decide whether to revoke or uphold a crucial Highlands law exemption it awarded to Christ Church's building plan in 2004.

DEP was ordered to conduct a fresh inquiry by a state appellate court last year in response to a legal challenge from Rockaway Township.