Citizens, Town at odds over late-night UPS facility noise levels

Having delved into what appears to be an escalating dispute between a few Richmond Road residents living adjacent to Front Royal’s UPS distribution facility and the Front Royal Town Council and staff, I am reminded of a famous line from the movie “Cool Hand Luke” (sorry millennials, I’m showing my age again) – “What we have here is a failure to communicate.”

Donald Cochrane has been the prime mover among seven or so homeowners over what are described as late-night noise issues resulting from the UPS facility’s 24-hour operations.  During the public concerns portion of the July 10 Front Royal Town Council meeting, he and fellow Richmond Road resident Bernice Lawson re-broached their call for help from the Town to attempt and quiet down the late night UPS operations.  Cochrane and five neighbors first raised the issue to council on February 3.

On July 10, Donald Cochrane questioned the Town of Front Royal’s commitment to protect its citizens’ welfare from obtrusive commercial operations. Below, Richmond Road resident Bernice Lawson added her voice to the request for help first brought to council’s attention in February. Photos/Roger Bianchini

Twenty-one weeks later, Cochrane was cynical as he spoke during “Public Concerns” shortly after council’s reciting of the U.S. Pledge of Allegiance facing the American flag.  He wondered if there was really “justice for all” in Front Royal, or only for a select few – perhaps the few paying higher commercial taxes to the town government.

Cochrane then referenced the result of a noise study he had commissioned and turned over to the town manager and to which he said he had yet received no response (see “Town side” subsection).

“I would like to convey the frustrations at the postponements we’ve been given since turning the results of the noise study over to the town manager.  I understand from the town’s attorney that he is under deadlines and our neighborhood is not one of them.  I realize that with the noise study we seem to have backed you into a position that you and previous administrations have tried to avoid for 16 years.  I want you to understand that the problem – and the neighbors are still here,” Cochrane concluded.

A changing noise landscape?

Minutes from council’s March 27 meeting describe Cochrane and his Richmond Road neighbors’ perception of their problem.

“Mr. Cochrane stated that he and his neighbors wish that the noise ordinance was returned to how it was when their homes were built. He noted that what the Town has done to the neighborhood is deplorable and unacceptable.”

When he brought the issue before council early this year, Cochrane elaborated on his perception of the history that brought him and his neighbors into conflict with the Town and UPS.  Noting the house he lives in was built in 1974, Cochrane pointed to two subsequent events – the 1977 permitting that he observed turned a small, three-bay garage “into a large distribution center” and a 2006 council-approved amendment to town noise ordinance that he believes grandfathered the UPS facility into a suddenly more lax town noise code.

Cochrane described noise issues ranging from what appear as simply inconsiderate driver behavior – considering it comes in the middle of the night – honking greetings, yelling over “the drone of engines” and loudly tossing large parcels into the back of empty trucks; to more devastating operations he said “reverberate through the ground and into the homes causing stress cracks in the brick work and causing pictures on the wall to go askew.” – THAT operation is tractor trailer cabs dragging loaded trailer sections across the pavement on their skids as they connect or disconnect.

Scenes from daytime operations at Front Royal’s UPS distribution center: above, a cab in search of a trailer; below, smaller trucks loading and unloading.

Other consequences of the UPS operation described include truck air-brakes, starting engines, as well as the base engine noise of trucks entering and leaving the facility – “You can’t imagine how loud these run,” Cochrane says.

The Town’s side

According to recent council meeting minutes, “Mayor Tharpe noted that the Town Attorney researched the matter and the letter Mr. Cochrane received was the result of the Town’s actions over the years.  Mayor Tharpe stated that both he and the Town Manager did visit the neighborhood and the Town would not be going in and overturning the matter.”

Several days after his July 10 appearance before council Cochrane said he had been told to be on the lookout for a posted letter from the town attorney that disputed the result of the noise study he had submitted to council.  Contacted, Town Attorney Doug Napier said he had mailed a letter to Cochrane but did not feel comfortable discussing it further until Cochrane received it and had a chance to review the contents.

However, Napier did respond to other questions related to the issue.  He explained that the 2006 noise codes changes here were driven by a Virginia Supreme Court ruling that the language noise ordinances were based on statewide – “unreasonable or unnecessary” – was too vague.

Consequently, municipalities across the commonwealth established codes by setting specific decibel levels, as was done here.  Napier also noted that when the code was changed here there was a 30-day period when the new code could have been appealed.  However, to his knowledge the neighborhood complaints raised 11 years later in recent months are the first time the problem has been brought to the Town regarding the UPS facility.

Jacob Meza raised the issue of the Richmond Road UPS neighbors and their noise issues during the “Goals” section of the July 17 council work session.  Mayor Tharpe replied that the matter would be a subject of a closed session at council’s July 24 meeting.

Jacob Meza, left, raises topic of Richmond Road residents’ late-night noise issue with UPS distribution facility, only to be told it is now in the hands of the town attorney due to potential of litigation.

The reason it would be discussed in closed session the mayor explained was the possibility of litigation.  During a break between the conclusion of the work session and a second closed session on July 17, the mayor elaborated that Cochrane had broached the potential of litigation, forcing the Town’s hand on how they must now deal with the entire UPS noise issue.  Because of that perceived threat of litigation all subsequent communications on the issue must now go through the town attorney.

Asked about the Town stance, Cochrane said he told the town manager on July 3 that he “hoped it didn’t come to that” as far as litigation to resolve the UPS noise issue.  However, it appears even broached in an “I hope not” manner, the Town’s reaction is to proceed as if litigation is now a possible outcome.

Contacted about his communications with Cochrane in the wake of being named the sole Town contact point because of the specter of litigation, Napier sent Royal Examiner a copy of his letter to Cochrane, stating, “Here is the memo I sent to Town Council, which it authorized me to mail to Mr. Cochrane.

“I have not had an opportunity yet to review the response of the sound engineer, though I hope to soon.  I had too many other issues already lined up that I have had to get to which are time sensitive.

“Within the constraints of what is ethically permissible, I have tried to point to Mr. Cochrane routes he might consider taking that he might want to think about that would create win-win situations for everyone.  I have hoped one of those might have borne fruit. Hopefully, one of those will yet.”

Going to the source

Cochrane told Royal Examiner that he met with UPS facility manager George Ross two days after his July 10 appearance before council.  Cochrane’s impression was that Ross “had no idea there was an issue” and wondered why the town government hadn’t contacted him directly about any complaint about the facility.

“He’s not sure UPS can bring the decibel level down … But the way he reacted, you could see he was blindsided by it – he had no idea,” Cochrane said.  He also said Ross told him he was not local, commuted here and was not aware of media coverage of the issue.

An on-the-road shot of a UPS big rig headed into town and the distribution center on John Marshall Highway (Rt. 55 E) just east of the Commerce Ave./Remount Road intersection with Rt. 55 East.

Cochrane told Royal Examiner that as he met with Ross, the very sort of tractor-cab/trailer skid dragging described above occurred, shaking Ross’s office in much the manner he described homes just up the hill experiencing regularly, including throughout the night.

As of publication Ross had not responded to messages seeking comment on his meetings with Cochrane or town officials; and any potential actions UPS might take to mitigate the late night noise situation in the adjacent residential neighborhood.

Mayor Tharpe verified that on July 18 he, Councilman Sealock and a third individual toured the UPS facility.

Informed of the recent meeting Cochrane had with the UPS facility manager, Napier said that such direct contact between affected neighbors and on-site UPS management could be the most constructive way of achieving the type of result being sought.

And after over five months of frustration, disconnect and perceived legal threats, Cochran and Napier may at least agree on that point.