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Home My WebLink About04-02-25 Public Comment - D. Perlstein - Pickle Ball revisitedFrom:DAVID PERLSTEIN To:Bozeman Public Comment Subject:[EXTERNAL]Pickle Ball revisited Date:Wednesday, April 2, 2025 11:16:56 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Winn, et al I am writing to follow up on my formal complaint dated February 24, 2025, regarding the excessive noise generated by the pickleball courts at Bogert Park. To date, I have not received a written response from your office. This lack of engagement is extremely disappointing and seems consistent with the pattern of the City of Bozeman, especially as the City appears to be moving forward with a mitigation plan that, according to its own acoustic study, redirects sound northward—and Westward toward our property at 412 East Olive and also the wildlife corridor on Bozeman Creek. Additional Concerns 1. Wildlife & Ecosystem Impact The sound mitigation design now concentrates noise along the creek corridor, which runs adjacent to restored riparian habitat. There has been no public information shared regarding any assessment of impacts to birds, aquatic species, or other wildlife that use this corridor. • Has the City engaged Montana Fish, Wildlife & Parks (FWP) or any environmental consultant to evaluate this shift in noise direction? • If not, this appears to be a significant oversight in planning. 2. Ignored Expert Recommendations The City’s current plan contradicts the recommendations of its own acoustic consultant, who previously concluded that it was not possible to lower noise to acceptable levels. Will the City conduct post- installation sound testing to measure decibels? What equipment and methods will be used, and will results be shared with the public? 3. Lack of Transparency on Project History There has been no community or neighborhood engagement, zero! I respectfully and urgently request that the City: • Immediately engage neighbors before changes are made. • A wildlife impact study is conducted and reviewed by MT FWP • Disclose all planning, permitting, and funding records related to the original construction and current mitigation plan. Have decibel meters are installed around the area affected. • Provide a clear answer on whether the city believes it is in compliance with Montana Code 23-1-126 (Good Neighbor Policy), given the noise redirection toward private and public lands It's time for Bozeman to be proactive instead of reactive- Sincerely, David Perlstein Braeside Properties LLC 412 East Olive, Bozeman, MT 59715 (406) 579-3500 davidperlstein@gmail.com On Feb 24, 2025, at 12:14 PM, DAVID PERLSTEIN<davidperlstein@msn.com> wrote: Braeside Properties 412 East Olive Bozeman, 59715 406-579-3500 2/24/2025 City of Bozeman City Manager’s Office 121 N. Rouse Ave Bozeman, MT 59715 Subject: Formal Complaint Regarding Excessive Pickleball Noise at Bogert Park Dear Chuck Winn, I am writing to formally file a complaint regarding the ongoing and excessive noise generated by the pickleball courts at Bogert Park. As a resident of Bozeman, I, along with many of my neighbors, have been negatively impacted by the high noise levels associated with pickleball play at this location. Violations of Noise Regulations and State Law 1. Excessive Noise Levels Violating Local Ordinances • Noise studies have documented that pickleball noise reaches levels of 51-70 dB LAFmax, particularly to the west and north of the courts. • These levels exceed acceptable residential noise thresholds and violate Bozeman’s noise ordinance (Sec. 16.06.050 & Sec. 16.06.060), which prohibits excessive or unusually loud noise that disturbs residents. 2. Failure to Comply with Montana’s ‘Good Neighbor Policy’ for Public Recreational Lands • Montana Code Annotated 23-1-126 establishes a good neighbor policy requiring that public recreational lands must not impact adjoining private and public lands through noise pollution, among other concerns. • The pickleball courts at Bogert Park directly violate this law by generating continuous, disruptive noise that affects nearby homeowners. • The City of Bozeman has a legal obligation to prevent excessive noise pollution from public parks and mitigate harm to residents. 3. Lack of Adequate Noise Mitigation Measures • Despite noise studies recommending a 20-foot sound barrier, the City has failed to take sufficient action to reduce noise pollution. • The absence of a western sound barrier and the open sides of the pavilion allow significant noise levels (51-55 dB LAFmax) to reach residential properties, violating both city ordinances and state law. Impact on Residents • Disruption of Peace & Comfort: The constant noise interferes with daily life, making it difficult to enjoy outdoor spaces or maintain a peaceful home environment. • Potential Property Value Decline: Persistent noise pollution reduces property values in nearby neighborhoods, unfairly impacting homeowners. • Health & Well-Being: Excessive noise exposure is linked to stress, sleep disturbances, and reduced quality of life. Requested Actions: To address this ongoing issue, I formally request that the City of Bozeman take the following actions: 1. Enforce Noise Regulations: Apply Bozeman’s noise ordinance to limit excessive noise from the courts, including setting maximum allowable decibel levels. 2. Ensure Compliance with Montana’s Good Neighbor Policy (23-1-126): • Take immediate action to prevent public park noise pollution from impacting nearby residents. • Develop and implement a noise mitigation plan that complies with state law. 3. Implement Noise Reduction Measures: • Install a western sound barrier to block noise from traveling into residential areas. • Restrict court hours to minimize disruption during early mornings and evenings. • Require quieter pickleball paddles and balls to reduce impact noise. 4. Engage with Affected Residents: Conduct community meetings to hear complaints and work toward a balanced solution that supports both recreation and residential quality of life. Failure to take action will leave residents with no choice but to pursue further complaints, legal options, and public action to enforce compliance with city noise ordinances and state law. I request a written response detailing the City’s plan to address this issue. I look forward to your prompt attention to this matter. Sincerely, David Perlstein Braeside Properties LLC Sent from my iPhone