Noise ordinance exemption approved for new luxury apartment complex

Construction of a new 16-acre apartment complex off of Dr. Martin Luther King Jr. Blvd. will be extended into the early morning hours thanks to a noise ordinance exemption from the city.

The move has drawn concern from nearby residents, who have complained of noise and traffic from the project since it began last November.

During their Jan. 10 meeting, the board of aldermen unanimously approved a request from Cape Fear Construction for an exemption from the city’s noise ordinance for Proximity New Bern, the new nine building, 252-unit apartment complex under construction near New Bern High School between the new Down East Ace hardware store and Faith United Methodist Church.

Under the exemption, Cape Fear Construction will be allowed to operate at the Proximity New Bern site from 3-7 a.m., Monday-Friday, from Feb.1-July 1 for the purpose of pouring concrete one day per week for a total of nine days.

Though the city ordinance confines construction noise to the hours of 7 a.m. –9 p.m., an exemption can be provided with approval from the governing board. In the past the city has granted noise exemptions for large projects such as the New Bern Marketplace and the U-Haul rental company on U.S. 17.

Wes Esarove, lead superintendent with Cape Fear Construction, said the extended hours would allow the company to complete early morning concrete pours. He said workers would start pouring on designated days starting at 3 a.m. Concrete pours will take place typically no more than one day a week, weather permitting,” he said.

“It won’t be all hands on deck working at 3 a.m., only concrete crews,” Esarove explained.

Esarove said the concrete trucks have a nighttime mode that will muffle the backup alarms that are required by OSHSA.

“The only people that will hear that alarm is in the general vicinity of that concrete truck,” he said. “It will not extend out past the property.”

Esarove said all trucks will be arriving and departing through the MLK Jr. Blvd. entrance and will be avoiding the adjacent Greenleaf Cemetery Rd. He pointed out that on the south side of the property there is a protected wetlands and two ponds that create a buffer between construction and the Haywood Farms Road community.

“The distance is roughly 300 ft. from the farthest building to the residence on Haywood Farms Road,” he noted.

Esarove said he would be present at the construction site to coordinate activity during the early morning concrete pours. A decibel reader would be used to make sure the noise level will be below 55 decibels at both Edwards Way and Haywood Farms Rd., he said.

According to Esarove, a typical residential home requires anywhere from 50-70 yards of concrete, while the buildings at Proximity New Bern will need 300-400 yards.

“Because of the amount of concrete, if we start at 7 a.m. it’s too hard on the crews, they’ll end up with 14-15 hour days trying to pour the concrete and form it up. And starting during the day we will be jockeying for trucks with other contractors,” he explained. “By starting at 3 a.m. we’ll have all the trucks and the crews can get done during normal hours without killing themselves.”

Though Cape Fear Construction’s noise ordinance exemption covers a five month period, Esarove said, weather permitting, the concrete work should be completed in nine weeks.

Ward 6 Alderman Bob Brinson said he was concerned with not just the noise but traffic in the area as well.

“My goal will be to keep all the trucks away from Greenleaf Rd. as much as possible, so they shouldn't be affected at all,” Esarove responded. “They have a 6-ft. privacy fence that will help protect them from the light and drown out the noise.”

City Manager Foster Hughes said if the city receives complaints the project can be stopped at any time.

Jim Fisher, a resident of Beacon Hill Rd., said he lived close enough to the construction site to see the equipment from his front porch.

“Every OSHA vehicle has to have a beeper and every time one of them moves we’re going to be listening to it at 3 o’clock in the morning and we’d rather not have that extended so that there’s unlimited noise for five months,” he commented.

Belle Oaks Dr. resident Margaret Turner said she was worried about the traffic to and from the construction site in the early morning hours.

“Our roads are dangerous enough as it is, and now we’re going to have these big trucks coming and going at the crack of dawn,” she commented.

The Proximity New Bern property was purchased by Cape Fear Development last April for $2.52 million. The proposal includes 18 three-bedroom, 117 two-bedroom, and 117 one-bedroom luxury apartments.

According to Cape Fear Development, the apartment complex is expected to open in the fall of 2023.

Reporter Todd Wetherington can be reached by email at wwetherington@gannett.com. Please consider supporting local journalism by signing up for a digital subscription.

This article originally appeared on Sun Journal: Noise ordinance exemption approved for new luxury apartment complex