Marblehead Zoning Board Rules a Backyard Pickleball Court Is a Nuisance, Overruling the Building Commissioner
Neighbors of a private court on Schooner Ridge in Marblehead, Massachusetts, won their appeal Tuesday night after the town’s building commissioner found no violation. The owner says he built the court for his wife after her stroke.
The Zoning Board of Appeals in Marblehead, Massachusetts, ruled Tuesday night that noise from a private pickleball court on Schooner Ridge violates the town’s nuisance bylaw. The decision overturned Building Commissioner Stephen Cummings, who had found no violation, according to the Marblehead Weekly News.
Five neighbors, including Kenneth and Barbara Bane, brought the appeal. Their attorney, Jonathan Paolini, said the court sits 10 feet from one neighbor’s property line and about 75 feet from the Banes’. Two weeks of recordings showed one to four hours of play a day, with noise 20 to 30 decibels above the neighborhood’s background level. The neighbors also brought in Dr. Kathleen Remito, who co-leads the National Task Force on Pickleball Noise, which recommends keeping courts at least 1,000 feet from homes.
Cummings said nuisance noise is usually constant, like a compressor or a roof fan, and that noise under 60 decibels for a couple of hours a day doesn’t qualify. “If we’re going to just pick on pickleball courts, we need a bylaw about pickleball,” he said. The owner’s attorney, Matthew Wolverton, argued that a court is a permitted accessory use in a single-family district, like a backyard tennis or basketball court. He also said a police officer who visited several times didn’t find the noise unreasonable.
The owner, Dr. Ronald Plotka, said he built the court for his wife after she had a stroke and that it gets about three hours of use a week, mostly on weekend mornings. “It’s the most underutilized court in town,” he said. Kenneth Bane said the neighbors’ log showed play on about 70% of weekdays and 90% of weekend days. “That’s not three hours a week as he described,” he said.
The paper didn’t report a vote count, what Plotka now has to change, or whether he plans to appeal.
Why it matters: Most pickleball noise fights, like the ones in Mashpee and Methuen this year, are over public courts, where a town can cut hours, require quieter balls or close courts. This one is a backyard court the town’s own building official said was allowed, and the board ruled against it using a general nuisance bylaw, not a pickleball rule. If the ruling holds, neighbors in other towns could try the same argument. Planning a backyard court? Check how close it would sit to the property line before you pour the slab.