In an attempt to address noise complaints from neighbors, the Board of Trustees of Williamsburg Township and the owner of Clear Mountain Food Park have reached an agreement that will see the food park’s performance stage and speakers moved away from residential dwelling units.
Clear Mountain Food Park is located at 2792 Old State Route 32.
Williamsburg Township’s zoning code prohibits outdoor speakers within 300 feet of a residential dwelling unit.
In a court document dated June 21 from the Clermont County Court of Common Pleas, it is shown that the Board of Trustees of Williamsburg Township and the owner of Clear Mountain Food Park, Ken David, reached an agreement to extend the June 3 temporary restraining order to July 21.
Further, the document references an outlined performance area that is not within 300 feet of any residential dwelling unit, and therefore not subject to the temporary restraining order.
The court document also shows that the bluetooth speakers located at the subject premises, and that were the subject of the variance granted in March 15, 2021, are not subject to the temporary restraining order.
Clermont County Assistant Prosecuting Attorney Brian Shrive, who is counsel for the Board of Trustees of Williamsburg Township, explained what the agreement means.
According to Shrive, Ohio law allows temporary restraining orders to last 14 days initially unless the parties agree to a longer order. The judge can extend them another 14 days, again, unless the parties agree to a longer order.
“In this instance, the initial order was longer than 14 days at the agreement of the owner of Clear Mountain,” Shrive wrote in an email to The Sun. “The zoning administrator and I met with Mr. David and his attorneys to negotiate an agreed extension of the temporary restraining order.”
Shrive also explained that the new stage stage /performance area is in the “middle” of David’s lot, and that it is more than 300 feet away from any residential dwelling unit.
“Mr. David represented that going forward, he would have ‘amplified acoustic’ music and redirect the sound toward the wooded area behind his lot,” Shirve added. “We are hopeful that this will alleviate the noise issues suffered by neighbors.”