Well the neighbors are not being heard and this is getting a bit unpleasant and unneighborly isn’t it ?

Sharing verbatim from Berwyn Dispatch:

The Dispute Between the Neighbors and the Upper Main Line YMCA Over Pickleball Noise Continues

I have written 2 versions of this post and have deleted both due to both posts being convoluted and overly detailed. When I find myself in this box, I go to an old stand by. The question and answer format. It allows for easier reading and sharing of information. I apologize for the lack of brevity.

What is going on with the Y and their nearby neighbors?

In short, this is a dispute over noise resulting from the play of pickleball (PB) at the Y. I was surprised to learn that the conversion of courts from tennis to PB happened approximately 2 years ago. There are 12 PB courts and each court can have 4 players during open play time. The location of the courts was not well thought out (my opinion) with the courts being adjacent to a residential neighborhood. Also, the Y did virtually nothing regarding sound mitigation when converting from Tennis and constructing new PB courts.

According to numerous neighbors who have been appearing at Easttown Board of Supervisor meetings since June, the persistent noise has destroyed their peace and quality of life. They live in a R1 zoned residential neighborhood and don’t expect to have to continually deal with this level of noise day in, day out. EVERY DAY.

Is the Y in violation of noise regulations?

That depends on who you ask. The township has measured the noise and maintains that there have not been noise violations as measured by their equipment. The neighbors have engaged with another expert who maintains that there are violations. I am not an expert on this issue and cannot say which equipment is measuring correctly. Still, the noise is a consistent nuisance for these neighbors and the Y has not completed a sound study of their own according to the neighbors. There is a ricochet effect to the noise as well. It bounces off of the building connected to the courts into the neighborhood. I know in my house the volume on my TV in the living room is louder upstairs than it is for me when watching it directly. This is not just an issue in our community. These types of disputes over PB noise is happening all over the country.

Whatever the case may be the Y has done very little to help end the dispute. Honestly, outside of attending a meeting offering to slightly decrease hours of play, they have done nothing. Supervisor Sean Axel stated that the Y has not acted in good faith and more needs to be done by the Y. I am paraphrasing.

Why haven’t the neighbors and the Y worked out this dispute themselves?

It is difficult to work out a solution when one side won’t respond. Per a neighbor’s statement at Monday’s meeting, the Y has not responded directly to the Neighbor’s concerns at all during the last 2 years. I followed up with a neighbor this morning and she stated that the Y responded several weeks after she had reached out to them but with no solution. The Executive Director for the Upper Main Line Y did attend a board meeting on November 18. More on that later.

Has there been any progress on this issue?

Yes. At the November 18 meeting the Y proposed a 2 hour reduction in their hours. The board, at Monday’s meeting, agreed to this reduction. This will be a change to the ordinance that first needs to be advertised. The new hours will take effect in January. PB will be played on Mon – Fri from 8 am to 7 pm and on Sat – Sun from 8 am to 5 pm.

At the November meeting the Y stated that they received a quote for sound mitigation. The cost would be $119,000. According to the vendor’s website, there is no guarantee their sound mitigation materials will work.

The Y requested that the township “partner” with the Y on this issue. Excuse me? The Y is a national organization with deep pockets. Do NOT be fooled by the non-profit status. That is an accounting designation only. They have plenty of money. The township’s lawyer, Andy Rau, clearly stated that Easttown would not be paying any $$ towards this cost. However, Mr. Rau also said that the township may be able to assist with the procurement of grants to help offset the Y’s cost. I do NOT agree that the township should be involved in this effort at all. Paid township employees who work for the taxpayers of Easttown should not be used for this purpose. The Y can handle the search and grant writing themselves.

Why do you think the Y has been so reluctant to engage and why do you think they do not wish to pay for the costs of sound mitigation from their own operating funds?

This is an opinion but one informed by many years in the business world. I think the Y doesn’t want to have a precedent set where they cave into the communities concerns over this issue. You may be surprised to learn that there is big money in pickleball now with tournament purses now up to $2m in some cases. Corporate America has taken note of the growth of PB. Many tournaments are now being sponsored and televised.

This all equal money and fees that can be charged for tournaments. UMLY is in this game and they have held tournaments on their grounds. They are not doing so for free. I do not know specifically why they feel as though their own operating funds should not be used but I would bet big money that it comes down to $$$.

Why is it a problem to hold PB tournaments at the Y?

As almost everyone in this community knows already, the Y’s parking lot is generally packed and there is one little road that leads to the Y’s facilities. Clearly, PB is in a growth phase. Given how the Y’s lack of ANY proactive planning (any planning at all for that matter) for sound mitigation, how can the community have any confidence that the Y can handle PB tournaments?

In our area, there are 3,000 PB players through the Y. That is just in our area. The tournaments the Y has held are now being advertised in other areas of the country. As the sport grows can you imagine the parking nightmares in the immediate neighborhood? The traffic congestion? Does the Y have any plans to address those issues? If so, thus far it has been a closely held secret. There are other issues that have impact on the township’s infrastructure and first responders as well. I will leave that for another day.

Why don’t the Board of Supervisor’s just issue new ordinances that force further reductions in hours of play and increased sound mitigation?

This gets tricky and there are legalities involved that I could write a book on. I won’t do that. I will summarize. There are 2 aspects to creating or changing an ordinance. There is zoning and non-zoning. The non-zoning is much simpler. Those can be change at any time and compliance can be forced. However, most zoning regulations cannot force immediate change. In other words, if a zoning regulation is altered, most of the time an entity that existed under the older regulation would be “grandfathered” in under the old regulations. That is why Berwyn Square’s density still has no limitation although the current regulation is now 16 units per acre.

Of course, there is disagreement on this issue as well. One neighbor in particular can’t understand why the board won’t just legislate this issue away. According to Mr. Rau, that isn’t really possible. The board could do that but if it is overturned on appeal then that leaves the neighbors with little recourse outside of a private lawsuit. Mediation was also mentioned by Mr. Rau but both parties need to consent and, from what I have NOT seen from the Y thus far, I would think it may be an immense challenge to have them agree to mediation.

In Lionville, the issue of outside PB was legislated and the Y sued. Ultimately, the Y withdrew their lawsuit. The cynic in me thinks they did so because they had UMLY to lean back on for outside PB. That is solely an opinion. Not an accusation.

What is your view on this issue?

I agree with Mr. Axel. The Y has come up short and has not lived up to their own mission statement. In my opinion (not Mr. Axel’s), this is all about money. The Y did zero planning when constructing (and converting from Tennis) the PB courts. They have sunk $$$ into this effort and do not want to sink more into a fix. Again, an opinion on my part. The Y, itself, is remaining largely silent on this issue.

Even though it will come with a cost, the Y should, in my view, move the courts AND provide sound mitigation AFTER hiring a sound expert to perform a true analysis in order to determine where PB should be played on their grounds and what sound mitigation materials would be optimal to greatly lessen the impact of noise on the Y’s immediate neighbors.

The clear lack of any planning will come at a cost for the Y. A cost that should be born by the Y. Not the community and especially NOT the neighbors. Neighbors who have suffered enough. It is well past time for the Y to step and do the right thing.

Believe it or not, I am leaving out important aspects of this issue. It is my hope that the press picks up this story and reports on it accurately.