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Boom, boom, boom - Space Center in Hooksett faces lawsuit over noise

BY NICHOLAS BROWN

Complaints of loud bass noises emanating from the Space Center, a popular Route 3 children’s amusement operation, have prompted lawsuits from Hooksett town officials.

“It’s just bass from the music,” said Mitch Kincaid, whose Zapora Drive home faces the amusement center about 940 feet away. “It’s a thump, thump, thump, thump.”

Kincaid told the town council on Wednesday, Feb. 28, that the bass noise, which began appearing some time last fall, is constant and disruptive. He said he and his wife are now looking to move out of their home of 14 years.

Hooksett Police Department prosecutor Kimberly Chabot said the town has filed three complaints against the Space Center owner in Hooksett District Court based on testimony from Kincaid and his wife – who’ve been keeping a diary of noise activity – and some independent evidence collected by police on two occasions.

The town’s code enforcement officer issued cease-and-desist orders to the Space Center’s owner based on allegations the center was violating the town’s noise ordinance, which restricts noise levels from 10 p.m. to 7 a.m. According to the Space Center Web site, its operating hours go until 9 p.m. on weekdays, and extend to 11 p.m. on weekends.

Chabot also said the fire department intends to investigate whether the building’s interior meets the town’s safety codes.

The Kincaids suspect the loud noise may have started shortly after the Space Center opened a large indoor laser tag center. Councilor David Ross, who works with electronics, said new audio technology may be causing the alleged ruckus.

“There’s probably some new super-duper, super-powered subwoofer,” he said. “Everything’s got to get bigger and better.”

Several attempts to contact the owner of the Space Center were unsuccessful.

Kincaid asked the council to consider revising the town’s noise code to include more quiet hours and a clearer definition of noise pollution. Multiple councilors said they empathized with the Kincaids, but said they’re worried stricter regulations could hamper too many other businesses.

“I am loathe to regulate a business during the day,” said Councilor Jason Hyde. Chabot also warned against amending the code, which she said has been “very effective.” “What we have to be mindful of is enforceability if we enact that amendment townwide,” she said.

Published Thursday, March 08, 2007 11:25 AM by Hooksett Editor

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Diana said:

That's right, this is Hooksett. We dont want to interfer with the rights of business owners or developers now do we?

March 8, 2007 10:18 PM
 

Paul Stevenson said:

I sympathise greatly with the Kincaids.  One is entitled to privacy in one's own home, of all places.  This includes being able to close the door behind you and enjoy peace and quiet.  It means being able to do what you want, or need: sleep, eat, talk, rest or whatever.  If you have no privacy in your own home, then it can hardly be said to be your home.

My wife and I were forced out of our last house three years ago by noise.  Day and night radios, stereos and parties prevented us from sleeping, lying in, or doing anything we wanted to.  We could not choose what we wanted in our own home, because others forced their choices onto us.  Noise, especially bass noise, invades the innermost recesses of your soul, and there is no escape.  It is torture.  One's own home becomes a torture chamber.

This does not constitute progess.  We can hardly speak of having a high standard of living, however many possessions we may have,  when we are forced to endure torture in our very own home.

If someone wishes to make excessive noise, the onus is one them to prevent it from adversely affecting others.  Individuals can wear headphones to listen to loud music.  Machinery can be silenced.  Businesses can install sound-proofing.  There is no excuse for loud noise.  

March 18, 2007 12:04 AM

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