Do developers have the right to interrupt local business by generating ear-pounding construction noise?

After the community meeting last week in 12South another problem emerged on the neighborhood discussion group with the development on 12th Avenue being built by H.G. Hill Realty and Southeast Venture.

Some neighborhood leaders were concerned about the enormous jackhammer used to demolish on site near the 12South Taproom during lunch hours (11a-1p). Some reported that they could hear the loud noise blocks away and conjectured that it might be having a negative impact on lunch business next to the site.

A representative with Southeast Venture responded to concerned neighbors:

We along with our contractor have been in close contact with the 12South Taproom proprietors from the beginning of construction as their lunch business had the potential to be impacted the most from our hammering and excavation.  As such, we agreed to keep all hammering away from the ‘taproom-side’, (or southern boundary of the site) during lunch hours.  To my knowledge and each time I’ve driven by to check in, this has been the case.  There was never a discussion that we would cease hammering at that time.  Our goal is the get through this stage of the construction as quickly as possible.

I realize the hammering is a nuisance; however, the good news is that it will be over in a few weeks.  We are almost finished with excavating to the grade of our basement level and will commence work on the excavation of the footings for the foundation of the building next week. We will continue to coordinate our efforts to minimize the impact on our neighbors.

There is no ordinance that I know of against construction crews making an objectionable amount of noise during lunch hour. Neighbors who are concerned about the impact on business and their personal lives seem subject to the will of the crews and developers.