Noise News for Week of February 8, 1998


Florida Development May Threaten Bald Eagles

PUBLICATION: The Florida Times-Union
DATE: February 14, 1998
SECTION: National/International; Pg. A-1
BYLINE: R. Michael Anderson
DATELINE: Eagle Harbor, Florida
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Sierra Club; Florida Audubon Society; Joyce Barr, resident.

The Florida Times-Union reports that plans to build a 3-acre waterfront park in Eagle Harbor, Florida could push out the threatened species for which the Clay County area is named.

The article says developers along with the state and federal agencies that approved Eagle Harbor's development plans, say precautions can be taken so noise doesn't force a family of bald eagles from its home on the south shore of Doctors Lake near Orange Park. The St. Johns River Water Management District and the U.S. Fish and Wildlife Service this week approved the park plans over the objections of the Florida

The article describes the proposed park, near a county boat ramp, which will include a nine-slip dock, three heated swimming pools, sand volleyball courts and a parking area. The water management board issued a permit Tuesday allowing the project, noting that a pair of mating eagles were monitored on the site last year during construction of a new subdivision across the street.

The article says Sierra Club has opposed allowing construction near the eagle's nests. "We have observed over many years that the intense development pressure on the waterfront land around Doctors Lake has caused the dispersal of many of the nesting eagles," wrote Linda M. Bremer, wetlands committee chairwoman for the Florida Chapter of Sierra Club, in a letter to the water management board protesting the plan.

The report explains how Bald eagles, the nation's symbol, are protected by federal law as a threatened species, and no construction noise or activity is permitted near nests during nesting season from November to May. In 1996, 14 eagle nests were recorded in Clay County, but only five were occupied by eagles, said Resee Collins, director of the Center for Birds of Prey in Maitland. Florida is home to about 3,000 eagles, second only to Alaska.

The article says Roger Arrowsmith, Eagle Harbor project manager, said nothing will be done to harm the birds and no construction will begin on the site until the eaglets have learned to fly. "We'll wait until after they fledge," Arrowsmith said Wednesday. Collins, also vice president of the Florida Audubon Society, said some eagles adapt better to encroaching development than others. "If development occurs gradually, giving birds time to acclimate to the changing environment, or if they have alternative nesting sites nearby, birds tend to stay where they've been for quite a while," Collins said. Eagles disturbed by the presence of humans may abandon their nests, leaving their eggs vulnerable to the weather and predators, possibly never returning, she said. But Collins said eagles and development can coexist. "We can have eagles, and we can have development in Florida," Collins said. "One reason the population is increasing is because the birds are adapting to the changing environment. We've even found eagle nests on transmission towers."

The article describes how Eagle Harbor homeowners said they never tire of seeing the beautiful birds. Pam Marciante said she and her husband and two children enjoy watching the eagles during the nesting season. "We usually do a family outing and go up there on our bicycles to watch them," she said. "Sometimes, they'll swoop down on the water after a fish. It's a great learning experience for the children." To ensure that the birds are given adequate space, volunteer monitors from the Florida Audubon Society will keep a close eye on the nest and its surroundings. Joyce Barr, who lives in Eagle Harbor and is one of the Eagle Watch monitors, said she and her daughter go to the Lakeshore Drive North nest at least twice a day, once in the morning and again in the afternoon. "They've got two babies," Barr said. "They're probably 5 or 6 weeks old. They're really fluttering their wings now." She said she takes her duties as a sentinel seriously. "If we see anything [disturbing to the eagles], we're supposed to call the Audubon Society right away," she said.

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Massachusetts Golf Course Construction Bothers Neighbors

PUBLICATION: The Patriot Ledger
DATE: February 14, 1998
SECTION: News; Pg. 09C
BYLINE: Dina Nelson
DATELINE: Quincy, Massachusetts
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Daniel J. Quirk.

The Patriot Ledger reports that noise and dust from the construction of a golf course on a former land fill in Quincy, Massachusetts has been casing problems for neighbors.

The article describes how Quincy auto dealer Daniel J. Quirk, who owns the Quincy Auto Auction near the landfill, last year sued city and state officials, complaining about the dust, noise and congestion created by the hundreds of trucks traveling to and from the construction site. Quirk and city officials on Friday signed a settlement agreement that requires the contractor to build a screened barrier to separate the trucks from the other cars using Ricciuti Drive. Walter Hannon III of Quarry Hills Associates, which will operate the golf course under a 50-year lease with Quincy and Milton, said the contractor also will continue to regularly sweep the street and wash dirt from the trucks' wheels. "We're very happy with the settlement," Hannon said. "We hope to be good neighbors for 50 years."

The article explains how the Quarry Hills project, expected to be complete in 2002, is slated to include a 27-hole golf course, at least six soccer and baseball fields and a golf clubhouse that will also serve as a for-profit function hall. "We're all pleased," said Quincy Mayor James Sheets, shortly after the settlement papers were signed in his office Friday morning. "We've been moving ahead with the project. This makes it easier to continue." City officials declined to release a copy of the settlement agreement Friday, saying not all of the 19 taxpayers who joined Quirk's suit have signed off on the deal yet.

The report says John Keenan, executive secretary for Sheets, said the settlement agreement doesn't address Quirk's allegation that the city could be allowing toxic soil to be dumped at the property. Dirt used for the project is coming from the Central Artery construction site. Both Quarry Hills and the city have acknowledged that low levels of arsenic, chromium, lead, mercury and other chemicals might be in about 400,000 tons of dirt that will be dumped on the site. The state Department of Environmental Protection has been testing the dirt for toxins in Boston before bringing it to the landfill. But in the next two weeks, officials will begin testing the soil at Quarry Hills, and any dirt that contains harmful levels of toxins will be returned to the Central Artery, Keenan said. [also s page 10]

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Kentucky Resident Voices Complaints About Airport Noise

PUBLICATION: The Courier-Journal
DATE: February 13, 1998
SECTION: Forum Pg.08a
BYLINE: Alan Jenkins
DATELINE: Louisville, Kentucky

The Courier-Journal published the following letter to the editor:

The Courier-Journal continues to publish articles and letters about the people who live directly under the new runway paths. But what about all the other thousands of people who are being blasted by the noise and vibration from all these planes? The articles in support of the airport expansion and UPS never seem to look at this issue. The number of jobs created by UPS is small compared to the number of people who are being negatively impacted by noise, air pollution and increased traffic that is the direct result of this expansion.

Why is this noise and pollution permitted in the already polluted Ohio Valley? If the supporters of the UPS expansion (Jerry Abramson, Dave Armstrong and the editors of The Courier-Journal) lived closer to the airport, perhaps they wouldn't have such total disregard for the devastation of people's lives this expansion has caused.

Another important question to ask is why did they change the direction of the runways, resulting in blasting people who until recently had lived in quiet neighborhoods? The new runway should have been built parallel to the old north/south runways. Wait till they close the old north/south runway permanently. Who is going to be impacted by this? The answer is thousands and thousands of people who currently live in quiet neighborhoods, with the majority south of the airport. . . .

Residents need to speak up and find some politicians to run who are against the noise and pollution. . . .

And, finally, does it really make sense to knowingly increase the air pollution in the Ohio Valley? I thought the EPA had required that the Louisville area decrease its air pollution by mandating we switch to RFG gas and tougher vehicle emission testing. By the way, airplanes aren't tested. While airplanes are allowed to sit and run for hours and air traffic is increasing, it is no wonder more and more people in Louisville are reporting breathing and allergy problems.

ALAN JENKINS

Louisville 40219

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Dallas Airport Locked In Battle With Local Church

PUBLICATION: The Dallas Morning News
DATE: February 11, 1998
SECTION: News; Pg. 32A
BYLINE: Todd Bensman
DATELINE: Irving, Texas
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: John Pester, church representative.

The Dallas Morning News reports that the Dallas/Fortworth Airport is destroying an area Church and community center.

The article explains how the Church in Irving was once the center of a thriving community of church-owned housing and missionary quarters in the shadow of Dallas/Fort Worth International Airport, church officials say. They say a new runway and the buyout of the church housing under noisy flight paths have stunted the church's growth as a missionary training and conference center.

The article says the problem has led to a bitter dispute over whether the airport is obliged to buy out the 50,000-square-foot church as well as the community housing. Recently church officials accused senior airport executives of dishonesty and trickery. "One of the reasons why they've abused their power of discretion with us is that they think, These people are Christians and won't sue,' " said John Pester, a church representative. "Well, we intend to fight. We believe we have been wronged."

The report says airport officials have responded with indignation, accusing the 500-member nondenominational church of manipulation and greed. They say they are under no obligation to buy the church, most recently appraised at $4 million, and that the church's claims are motivated by one thing. "I think this is a case of show me the money,' " said airport spokesman Joe Dealey Jr., calling the church's threats of unspecified further action "an attempt to extort money from the airport board. This really is a greed issue."

The article explains how in the early 1990s, D/FW and neighboring cities hammered out a plan for dealing with high noise levels expected from a new runway on the airport's east side. The airport has been using federal money to acquire most properties in areas where noise reaches 70 decibels or more during overflights. It has drawn boundaries around those zones on maps of the area. Properties in zones of 65 to 69 decibels can be soundproofed at the airport's expense, or the owners can be compensated with cash payments. The Church in Irving contends that because the 70-decibel boundary line touches the northwest corner of its property, the airport is required to buy it. Church officials say the airport has erred on the side of buyouts in other close calls. "The real problem is that we haven't been treated equally and fairly under the law," Mr. Pester said. "The treatment that D/FW has given to us is different than any other church they've dealt with. It's actually different than any other property owner out there." For more than five years, the church and airport have argued over interpretations of noise studies, lines on maps and rules of law. Both sides now agree that the 70-decibel line touches the property.

According to the report, airport officials say the boundary line actually runs almost entirely through an undevelopable easement on the outer edge of the property and several hundred feet from church buildings. That, they say, qualifies the church for soundproofing but not a multimillion-dollar buyout. The church has refused soundproofing. "The airport board has determined that since the noise level is below the limits that would require us to mitigate it is not interested in advancing this discussion any further," Mr. Dealey said. Airport officials also point out that they have full discretion over when a property is eligible for buyout, and they say they have been more generous than any other airport in the country.

The article says Mr. Pester and other church officials said they want to get out of D/FW's shadow because there is not much left to stay for. The noise program has claimed more than 60 homes once occupied by church members and missionaries. The vacant lots there now leave little hope for plans to build an international conference center or anything else. "The kind of church life that we had was very close-knit, not just Sunday to Sunday but a daily kind of church life," said Raul Bajandas, the church's treasurer. "I can vouch for the fact that our people have spent untold hundreds of hours trying to get the staff to admit that we should be treated like everybody else." Church officials do not rule out litigation but say they are more likely to take their case to local members of Congress.

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Rhode Island Prepares Noise Control Bills For Airport

PUBLICATION: The Providence Journal-Bulletin
DATE: February 11, 1998
SECTION: News, Pg. 1C
BYLINE: Tony De Paul
DATELINE: Warwick, Rhode Island

The Providence Journal-Bulletin reports that a House committee will hear testimony on four bills aimed at noise at T.F. Green Airport, at a time when the Airport Corporation says it's making progress on reducing noise without state mandates.

The article explains how the Committee on Health, Education and Welfare is scheduled to consider the four noise related bills introduced by Rep. Joseph McNamara, D-Warwick. The bills would:

Require the permanent placement of noise monitors in Warwick neighborhoods.

Require the Department of Education to set airport-noise limits for classrooms, and to order the soundproofing of classrooms that exceed the limit.

Seek a Health Department study on the environmental health effects of airport expansion.

And seek a half-hour extension of the Airport Corporation's curfew on flights between midnight and 6 a.m. The bill proposes that the morning rush of outbound flights begin no earlier than 6:30 a.m.

According to the article, Elaine Roberts, executive director of the Airport Corporation, said the agency's $500,000 noise study, expected to begin next month, "may very well recommend" the permanent noise monitors that McNamara wants to require by law. "We're certainly agreeable to looking at the need for a permanent monitoring system," Roberts said, "but we would rather see that conclusion come from the noise study before we say it's the right thing to do." "I hope we can continue to work with the city in doing this new noise study and finding some common solutions that we can agree to, and, at the same time, continue to pressure the airlines into accelerating their phase-in of the quieter, Stage 3 aircraft." Last week, she said, the Airport Corporation insisted that Metrojet, a low-fare subsidiary of USAirways, use Stage 3 aircraft when it inaugurates service in June with five daily jet flights out of Green. Roberts also said, Continental Airlines recently agreed to speed up the retirement of its last Stage 2 jet flying out of Green. She credited that to an independent monitoring of noise levels by William DePasquale, of the city Planning Department.

The article says Mayor Lincoln D. Chafee McNamara bills said "We're working hard on our own initiatives, targeting those high-decibel flights and working with the Airport Corporation and the airlines to get them out of Green." Chafee said Continental's last Stage 2 jet at Green, a DC-9 that normally takes off at 6:25 a.m., would move to a 7:30 a.m. departure time on April 5 and be phased out entirely on May 1. Chafee said he is organizing a symposium this spring on the growth at Green and the planned retirement of Stage 2 aircraft by 2000. On Jan. 27, he invited Jane F. Garvey, administrator of the Federal Aviation Administration, to address the symposium. "This forum will provide the FAA with the opportunity to reiterate its commitment to the 1990 Airport Noise and Capacity Act," Chafee wrote, "which requires all airlines to convert to Stage 3 aircraft by December 31, 1999."

According to the article, even with those changes McNamara said he expected permanent noise monitors to show that the John Brown Francis School, the Wyman School and St. Peter's School need the same soundproofing treatment that has been installed at the Wickes School, Holliman School, Pilgrim High School, Veterans Memorial High School and St. Rose of Lima, at a cost of $4.9 million, mainly in federal grants. "Basically, what I want the Department of Education to do is establish a policy based on the latest research, which clearly documents the fact that speech-acquisition skills and reading scores are adversely affected by airport noise and disruptions in the classroom." "We've had inquiries from Cranston and East Greenwich as well," McNamara said. "People want to know how this airport expansion has affected their neighborhoods."

The McNamara bills are scheduled to be heard in Room 135 of the State House after the 3 p.m. rise of the House. McNamara estimated a 3:45 p.m. start to the testimony.

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New York City Street Screamers Wreak Havoc In Soho

PUBLICATION: The New York Times
DATE: February 8, 1998
SECTION: Section 14; Page 6; Column 4; The City Weekly Desk
BYLINE: Bernard Stamler
DATELINE: New York City, New York
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Leigh Behnke and Don Eddy, residents; Beth Hassrick, administrative director, Exit Art; Kathryn E. Freed, councilwoman; Laurie Simmons, resident.

The New York Times reports about growing noise complaints in Soho, New York City.

The article describes Leigh Behnke and her husband, Don Eddy, both artists, have lived on Broadway in SoHo for about 12 years. They have seen the changes in the neighborhood, as stores have replaced wholesale fabric merchants, bringing throngs to streets that were once deserted. They have heard the changes, too, notably the barkers who chant, sing and even scream the praises of some of those stores, especially those between Prince and Spring Streets, under their loft windows. "They are driving us crazy," said Ms. Behnke, who said that she and her neighbors cannot work because of the barkers. Sometimes, she said, three or four barkers gather on Broadway at the same time, their voices somehow rising above the city's clamor. "The noise transcends traffic," said Beth Hassrick, administrative director of Exit Art, a nonprofit gallery above a clothing store, OMG, that she labels a principal offender. "They have a woman there who screams," she said. "We can't conduct meetings or hear ourselves think."

The article says recently, after failing to persuade the merchants to give up the practice, Ms. Behnke and others have asked the police and local officials for relief. Councilwoman Kathryn E. Freed, who represents the area, has written to people at Steve Madden, a shoe store, citing antinoise legislation and asking the store to stop using barkers. But Mike Barnes, the store's retail director, said his store uses a singer, not a screamer, who works only during business hours. "We feel he's something of a celebrity," Mr. Barnes said of Rick Rohdes, who has been beckoning patrons to the store with song for some time. "The customers love him, and he's very good for business."

The report explains how Ms. Behnke and her neighbors are not convinced. "It's incredible that three or four people can put everyone's lives in turmoil," said Laurie Simmons, an artist who has lived on the block since 1974. "And some of the people barking are just frightening." Ms. Simmons, Ms. Behnke and others are forming a group to pressure offending merchants to keep the barkers muzzled, and to persuade landlords to outlaw the practice in commercial leases. In the meantime, though, Mr. Rohdes continues to sing. A self-described songwriter who often records the melodies he improvises on a small tape recorder, he insists that most people like his music. "Besides, it's a freedom-of-speech issue to me," he said.

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Gas-Powered Leaf Blower Ban Takes Effect in Los Angeles

PUBLICATION: Los Angeles Times
DATE: February 13, 1998
SECTION: Metro; Part B; Page 1; Metro Desk
BYLINE: Jill Leovy
DATELINE: Los Angeles, California
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Jack Allen, activist

The Los Angeles Times reports that Los Angeles' ban on gas-fueled leafblowers finally went into effect today after nearly a year of debate.

According to the article, a hotline has been set up so residents don't call police departments or 911 to report noise violations involving the blowers. Some say the rules will be hard to enforce since police must witness a violation to write a ticket, but one policeman disagreed. He compared a leafblower violation to running a red light; police officers can't witness every violation, but when they do a ticket is written. Enforcement will also be done by writing warning letters to companies who use the banned equipment or homeowners who have the work done. Repeat violators will be given a citation.

The article goes on to say that while the ban was originally passed last year, gardeners protested -- through marches and a hunger strike -- until the city council agreed to help gardeners get machines that comply with the ordinance. The group Latin American Gardeners of Los Angeles still oppose the ban, saying that promises to fund development of alternative, quieter blowers with $1-million doesn't change the fact that gardeners need their blowers until the alternatives are practical.

According to the article, complaints over leafblower noise have decreased since July when the law was first passed. One anti-noise activist said "As people become aware of the new ordinance, people naturally want to obey the law."

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California City Strengthens Noise Ordinance for Businesses Offering Live Music

PUBLICATION: Los Angeles Times
DATE: February 13, 1998
SECTION: Metro; Part B; Page 2; Orange County Focus Desk
BYLINE: Julio Cano
DATELINE: Cypress, California

The Los Angeles Times reports that Cypress, California's City Council has strengthened its noise ordinance in response to resident complaints. Now, businesses offering live music will need to keep noise under a certain decibel limit, employ security guards, and keep doors and windows shut.

According to the article, residents have been complaining to the City Council for a year. The council will still make permitting decisions by holding public hearings and talking to police.

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Florida Residents Get Angry About Nightclub Noise

PUBLICATION: Sun-Sentinel (Fort Lauderdale, FL)
DATE: February 13, 1998
SECTION: Community Close-Up, Pg. 16
BYLINE: Janet Cho
DATELINE: Plantation, Florida

The Sun-Sentinel reports that the City Council in Plantation, Florida is considering a nightclub ordinance after hearing from seven residents and business owners at a recent meeting about noise and other problems at two restaurant-lounges on State Road 7.

According to the article, the residents and business owners who attended the meeting said it's a nightmare living near The Brickhouse Restaurant and Club and Sensations Restaurant and Lounge. They said there are hundreds of cars at the nightclub every night, thundering "boom boxes," car alarms at all hours, vandalism, theft, litter, gunshots, and rowdy patrons. Resident Ken Anson said he regularly spends his weekends cleaning up after the nightclub across the street. He said he once found a man sleeping inside his car, and he has had items stolen. Wayne McCumber, who owns a motel next to one of the nightclubs, said the club draws 3,000 people and keeps him awake at night. He said, "Having this restaurant open till 4 o'clock in the morning next to my hotel is intolerable." One man, who said he didn't want to be identified because he fears retaliation, said 50 to 70 cars park outside Sensations with their doors open and stereos blaring. "All you could hear was rap music at about 5,000 decibels," he said.

In response to the complaints, city officials initially discussed improving code enforcement and police patrols, but later agreed to explore a nightclub ordinance after listening to the residents and business owners.

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Expansion Plan at Los Angeles Universal Studios Drags On

PUBLICATION: Los Angeles Times
DATE: February 12, 1998
SECTION: Metro; Part B; Page 5; Zones Desk
BYLINE: Sharon Bernstein
DATELINE: Los Angeles, California
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Paul Haje, neighborhood activist

The Los Angeles Times reports that the first round of hearings regarding Universal Studios proposed expansion in Los Angeles, California are drawing to completion. The Regional Planning Commission delayed formal completion, and residents opposed to the expansion were pleased.

According to the article, this phase has taken a year and the rest of the process may take another year. At stake is Universal Studios proposed expansion which would take 15 years.

At Wednesday's meeting, the article reports that planners decided to include limits on the heights of buildings, sign restrictions, and limits for noise produced by construction in the zoning document, termed a "specific plan."

The article notes that the first phase should be finalized at a March 23 meeting. Issues discussed then will include how to limit noise from film production. An environmental review and specific plan will be started after that meeting. Upon completion, they would go to the planning commission and the board of supervisors to be considered.

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California City Fills Vacant Airport Authority Seat With Representative Who Supports Limited Airport Expansion

PUBLICATION: Los Angeles Times
DATE: February 11, 1998
SECTION: Metro; Part B; Page 5; Zones Desk
BYLINE: Andrew Blankstein
DATELINE: Burbank, California

The Los Angeles Times reports that Burbank, California's City Council appointed a new member to the Burbank-Glendale-Pasadena Airport Authority, saying he was on their wavelength when it comes to noise issues and expansion questions.

The article reports that Charles Lombardo was approved by the mayor and two City Council members. He is a top administrator in a local business, having lived in Burbank for 11 years, and has previously been involved in local politics. The mayor says "Charley's been involved with the airport a very long time. He's bright and he knows the issues."

According to the article, Lombardo replaces another authority member who was fired two months ago after only 90 days because he wasn't in line with their airport philosophy.

The article says that Lombardo supports the city's basic position: a terminal expansion to 16 gates, and mandatory flight curfews. Burbank is now involved in a lawsuit that would block the airport from buying land for the new terminal unless Burbank approved it. The city worries that a larger terminal -- the airport proposes 19 gates to start -- will increase air traffic, but airport supporters claim that more gates doesn't mean more air traffic.

The article notes that the lawsuit should resolve soon. The judge has pushed for a settlement outside of court, and Lombardo said he would be for a settlement if the city's basic demands outlined above are met.

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International Air Association Plans Legal Challenge to British Government's Plan to Cut Noise Levels at London Airports, While Airlines Predict London Airports Will Decline Under Rules

PUBLICATION: Travel Trade Gazette UK & Ireland
DATE: February 11, 1998
SECTION: Pg. 18
BYLINE: K.A.A. Holmes
DATELINE: London, England

The Travel Trade Gazette UK & Ireland reports that the International Air Transport Association (IATA) is preparing a legal challenge against the British government's proposal to cut noise levels at London's Heathrow, Gatwick, and Stansted airports. Meanwhile, airline executives are saying that Heathrow airport could lose its spot as Europe's most important airport if the government's noise rules are implemented.

According to the article, IATA director William Gaillard said the result of the noise restrictions could be higher fares, the end of many direct long-haul services from the UK, the loss of thousands of jobs, and a severe blow to the UK travel industry. Gaillard said, "We would not be able to fly a fully-loaded 747-400 direct from London to Hong Kong. It could only fly two-thirds full or else load up with fuel at a continental airport. That will be another nail in Heathrow's coffin. Schiphol, Paris Charles de Gaulle, or Frankfurt would become London's long-haul airport." The article notes that the restrictions were first proposed two years ago, but were dropped after a judicial review brought by IATA last January. Currently, the government has drawn up a consultation paper to re-examine noise limits. In addition, the IATA is working on a legal challenge to the restrictions.

Meanwhile, the article reports, a spokesperson for British Airways said, "The intention of the Government is to ensure that people do not suffer noise pollution and that is entirely understandable. But these levels are simply not achievable." The spokesperson said most British Airways flights would not be affected because the airline uses mostly quieter 747-400 aircraft, but other airlines might move their operations to other airports. He said, "If you cannot operate economically from airport X, you look at the possibility of going to airport Y."

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Dallas Church Vows to Fight D/FW Over Buyout

PUBLICATION: The Dallas Morning News
DATE: February 11, 1998
SECTION: News; Pg. 32A
BYLINE: Todd Bensman
DATELINE: Dallas, Texas

The Dallas Morning News reports The Church in Irving blames the Dallas/Fort Worth International Airport for its demise as a missionary training and conference center. Now the church, involved in a bitter dispute with the airport, contends the airport is obliged to buy out the 50,000-square-foot church.

According to the article, church officials say The Church in Irving was once the center of a thriving community of church-owned housing and missionary quarters in the shadow of Dallas/Fort Worth International Airport. But they say a new runway and the buyout of the church housing under noisy flight paths have crippled the church's growth as a missionary training and conference center. It's the church's perception that the airport should buy out the church as well.

The article reports there seems to be little common ground between the two factions. The fight broke into the open at a meeting of the airport board last week when several church officials accused senior airport executives of dishonesty. "One of the reasons why they've abused their power of discretion with us is that they think, 'These people are Christians and won't sue,' " said John Pester, a church representative. "Well, we intend to fight. We believe we have been wronged." Airport officials have responded by accusing the 500-member nondenominational church of greed. They say they are under no obligation to buy the church, and that the church's claims are motivated by one thing. "I think this is a case of show me the money," said airport spokesman Joe Dealey Jr., calling the church's threats of unspecified further action "an attempt to extort money from the airport board. This really is a greed issue."

The article states the dispute boils down to a matter of interpretation. In the early 1990s, D/FW and neighboring cities worked out a plan for dealing with high noise levels expected from a new runway on the airport's east side. The airport used federal money to acquire properties in areas where noise reaches 70 decibels or more during overflights. The boundaries around those zones were drawn on maps of the area. Properties in zones of 65 to 69 decibels can be soundproofed at the airport's expense, or the owners can be compensated with cash payments. The Church in Irving contends that because the 70-decibel boundary line touches the northwest corner of its property, the airport is required to buy it. Church officials say the airport has erred on the side of buyouts in other close calls. "The real problem is that we haven't been treated equally and fairly under the law," Mr. Pester said. "The treatment that D/FW has given to us is different than any other church they've dealt with. It's actually different than any other property owner out there."

The article goes on to say that for more than five years, the church and airport have argued over interpretations of noise studies, lines on maps, and rules of law. Both sides now agree that the 70-decibel line touches the property. But airport officials say the boundary line actually runs almost entirely through an undevelopable easement on the outer edge of the property and several hundred feet from church buildings. That, they say, qualifies the church for soundproofing but not a multimillion-dollar buyout. The church has refused soundproofing. "The airport board has . . . determined that since the noise level is below the limits that would require us to mitigate . . .it is not interested in advancing this discussion any further," Mr. Dealey said. Airport officials also point out that they have full discretion over when a property is eligible for buyout, and they say they have been more generous than any other airport in the country. Church officials do not rule out litigation but say they are more likely to take their case to local members of Congress. "They ain't going to get nothing!" said airport board Chairwoman Betty Culbreath. "That church is clearly outside the boundary curvature. They're not in it."

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Indiana Planning Commission Approves Subdivision Near Airport's Flight Path

PUBLICATION: The Indianapolis News
DATE: February 13, 1998
SECTION: Metro West; Pg. W01
BYLINE: Bruce Smith
DATELINE: Danville, Indiana

The Indianapolis News reports the Hendricks County Area Plan Commission this week unanimously approved plans for a small subdivision in Danville, Indiana close to the flight path and noise of airplanes from the Indianapolis International Airport. The developer said he would build the homes with extra soundproofing and would warn buyers about the potential jet noise.

The article reports that the site of the new subdivision is just outside the airport's official noise-control area along an east-west section of State Highway 267, about a mile south of Plainfield. Developer Steve Leatherman plans to build five homes on the 9.3-acre site. The article notes that the subdivision is within a path between Plainfield and Mooresville, where hundreds of existing homes are affected by airport noise and where many residents have complained.

According to the article, residents have complained mostly about the overnight cargo flights of the large planes that take off between 1 a.m. and 3 a.m. Some residents in newer subdivisions said they didn't know about potential airplane noise when they purchased homes. The article notes that the Indianapolis Airport Authority has spent $100 million and bought and demolished more than 1,000 homes in the past ten years to address the noise problems.

The article explains that Leatherman said he consulted the Airport Authority before proceeding with his plans. The subdivision immediately to the east of Leatherman's subdivision is partially in an area of homes that will be purchased or soundproofed by the airport. Leatherman said that even though his subdivision will be just outside the FAA noise-control area, he will still soundproof the homes during construction. Two homes are already on the site, Leatherman said, and three new homes will be built. Prices are expected to range from $180,000 to $280,000. Leatherman said the costs for soundproofing the homes won't be very expensive when the materials are installed during construction.

Meanwhile, the article notes, the Airport Authority agreed last week to submit a new five-year noise abatement plan to the Federal Aviation Administration. The plan will propose changes in flight paths and hours of operation to mitigate the noise. Planes would still take off in the same direction, but would climb higher before turning, under the plan.

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