Neighbor appeals Nunan Estate ruling

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JACKSONVILLE — A neighbor has appealed a Planning Commission decision that set noise levels for outdoor amplified music events at the Nunan Estate, saying the decision is in conflict with state law.

In his appeal to Oregon's Land Use Board of Appeals, Tom Scott also contends that the commission's ruling doesn't adhere to the town's historic-protection rules with regard to amplified outdoor music. Oral arguments on the case are scheduled before the board Dec. 10 in Salem.

Nunan Estate, 635 N. Oregon St., was granted a conditional-use permit by the commission to hold up to 10 amplified music events per year with a maximum sound of 68 decibels as measured at the estate's entrance in August. Neighbors contend that the music, usually associated with wedding receptions, disturbs their peace and quiet. The commission has made several different rulings on event numbers and noise levels over a two-year period.

"There are some Oregon (Administrative Rules) that regulate commercial noise," said Scott. "The Planning Commission kind of dropped the ball. The key point will be compliance with the state law."

Scott lives on Grove Street, just 60 feet from the estate's boundary and says noise from the events has kept his children awake at night. According to state rules, the sound measurements should be made at a neighbor's property line and should not exceed 55 decibels, said Scott.

"Jacksonville's comprehensive plan mentions the state rules by reference," said Scott, who is representing himself in the appeal. "There's no discussion within the (Planning Commission) decision as to why they wouldn't apply."

Scott said he is willing to mediate the matter but has not heard back from the city on his offer.

City Administrator Paul Wyntergreen said he is investigating mediation possibilities and will present options to the City Council when it meets Tuesday. He said Nunan Estate representatives also have expressed interest in exploring mediation.

Nunan Estate has not indicated it will participate in the LUBA hearing.

"We're just going to take it as we go," said Nunan co-owner Derek Wolfe. "We had an unlimited number of events. Our concession to go to 10 is considerable, I'd say."

Scott also contends the city has no authority to grant an exception to state rules, that evidence was not presented by the applicant that the commission ruling would have minimal adverse impact upon adjoining proprieties and that the commission incorrectly used economic vitality of the business as a criteria.

"I'm still evaluating (the appeal) to prepare some response," said City Attorney Kurt Knudsen. He declined to comment further on the case.

Objections and motions filed by parties in an appeal often prompt delays in LUBA hearings, said Wyntergreen. The appeal was filed Sept. 25 and the record of decision was received from the city on Oct. 20.

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