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Former Tiverton Council President Files Noise Complaint Against Tom's Market

The following report was supplied by the Tiverton Police Department.

An abutting neighbor to the newly opened at 492 Main Road recently filed an excessive noise complaint with .

Former Tiverton Town Council President Donald Bollin, of 25 Russel Drive, filed the complaint on April 3 at 10:25 a.m. A trial date has been set for Tuesday, June 5.

According to a report filed by Cpl. Daniel Raymond, Bollin claimed the noise from the grocery store's cooling fans was too high, and said the store should be cited daily for the nuisance. Bollin added that he was informed the owner, Thomas DeAngelis, was working to fix the problem. Raymond took noise readings that day that generated approximately 69 decibels.

Raymond returned to the grocery store on April 17, a hot day in the mid 80s, and noted that would possibly cause the refrigeration to turn on more frequently. Since his first visit, Raymond noted a membrane was placed in front of the compressors facing Bollin's property. He took readings between 65.9 to and 66.5 decibels.

Raymond came back a third time on April 20, a day of clear weather in the upper 60s. In addition to the membrane, he noted pieces of plywood were placed at the top of the compressors to abate the noise. The range of noise readings were between 59.5 and 64.8 decibels.

Renee Cwiek May 24, 2012 at 06:07 PM
Ridiculous.
Jim L May 24, 2012 at 06:23 PM
whats the legal noise level?
Dan D May 24, 2012 at 06:53 PM
typically 65 decibels for businesses.
Jim L May 24, 2012 at 07:22 PM
would that be the law do you know DAN?
Bob Gaw May 24, 2012 at 07:24 PM
This is the attitude that held Tiverton back for years. Instead of encouraging and thanking new business for bringing services into town and lighten the tax burden of homeowners, some have the attitude we should punish business owners, seems to me Tom's market was cooperating to be in compliance. It is well know in the past Tiverton was business un-friendly, this behavior just discourages businesses from relocating to our beautiful town which has so much to offer.
Dan D May 24, 2012 at 07:28 PM
I looked it up on the web. I said "typically" - I could not find it in the town ordinances. It seems the model noise ordinance most towns use is businesses at 65 decibels 24 hours and residential at 65 6am-10pm and 50 10pm to 6am. Tiverton might have a different one, i dont know, with the weirdness of regulation and zoning in this town, really, who knows.
John Dirtdog May 24, 2012 at 07:40 PM
Who cares, small town people always have something to complain about! I lived in the big city for years now and try living right next door to a church that rocks out till 2 am on a Sunday! Get over it!
RO May 24, 2012 at 08:04 PM
Those in glass houses shouldn't throw stones... Is it legal to park a commercial sewer truck underneath a residential unit in a residential neighborhood?
hj May 24, 2012 at 10:32 PM
The commercial building was there first. If you build a residential home in the back an existing commercial structure you must be aware of the noise it can produce.
oldandtired May 24, 2012 at 10:33 PM
Unfortunately, anti-business is synonymous with Tiverton. And that hasn't changed under the new council. Let's hope the next one understands that.
Joe Sousa. May 24, 2012 at 11:17 PM
Now we see why the previous council passed this ordinance. I understand the problem has been rectified.I'm sure the court will be merciful. Let's hope the bread man doesn't make to much noise
RI Politics May 25, 2012 at 12:17 AM
He lost my business. No need for this.
Joe Sousa. May 25, 2012 at 09:59 AM
oldandtired does that mean you are running for Council ? IC FAT is looking for candidate for all offices.
Rade May 25, 2012 at 01:06 PM
This is ridiculous is right. Did the resident complain when CVS was in there, with longer hours operation? What? Dunkin' Donuts and Classic Pizza are quieter? How about the air blower at 3 Ducks that I can hear from MY home 1/2 mile away? And don't get me started on the straight-pipe bikes and altered mufflers of the clown cars that seem to populate our streets any time the sun is out. This IS typical Tiverton mentality; let's not encourage small business. I do and will gladly and proudly shop at Tom's Market.
TivTiger May 25, 2012 at 01:29 PM
From my understanding, the owner of the market has made valiant efforts in reducing the noise after receiving this complaint. He did so despite the outburst that was said to have occurred in the middle of his store, and among his customers. Upset about excessive noise...ok. File a complaint with the police department...understandable. Having a temper tantrum in the middle of someone's place of business, not too classy. I will continue to do a lot of business at this market, mainly because of the dignified way Tom's Market's owner handled this outburst, as well as the benefits this business and other local businesses bring to our community.
Rug Doctor May 25, 2012 at 01:44 PM
Wow, Mr. Bollin has no problem with with violating our zoning ordinance in regards to unlawful businesses in a residential zone. Now this is a legal business in the proper zone. Sorry Don, you reap what you sow....
donna May 25, 2012 at 01:48 PM
oh my god mr.bollin get a life.. your honey truck makes noise too!!!
Rug Doctor May 25, 2012 at 02:21 PM
I propose that Tom's Market be a location for "Sing out Against Hunger" after all they are a market!!! It is OK for Mr. Bollin to violate the zoning ordinance but not anyone else. This guy wants to look the other way when it comes to violations but not when it effects him!!! Too bad for you...
Joe Sousa. May 25, 2012 at 03:26 PM
Anti Business = Higher Taxes. The correlation is evident . We can't go back to a council that acts like this.
Jim O'Dell May 26, 2012 at 12:01 AM
I find it very amusing Mr. Bollin that you built that "house" all those years ago, and never got the certificate of occupancy. Although a little birdie told me that you did recently. Did the zoning board sign off on it? And now you want to complain about our WONDERFUL new grocery store. This is the typical attitude of the members of our previous town council. If others reading this are as mad as I am of this blatant anti-business attitude, keep supporting your new local market and BOYCOTT A&D SANITATION owned by Mr. Bollin!!!!
Austin Powers May 26, 2012 at 12:15 PM
It seems the Police Dept. is pretty diligent when it comes to measuring decibel levels from a complaint by one resident. Where are they when the straight-pipe motorcycles blow through town? They only disturb every resident living within one mile of Main Road.
Rug Doctor May 26, 2012 at 02:58 PM
Austin if you or I called with the same complaint the police would not even come. Mr. Bollin is in violation of many parts of the town's zoning ordinance but that is OK. Special treatment for an insider.... I can't wait to atend a Sing Out Against Hunger event at Tom's Market. Mr. Bollin is a poor sport for causing a scene inside this new business. Mr. Bollin when on the council did not care about enforcement of zoning and now he is the first to want enforcement. Karma is a wonderful thing.... I agree with Mr. O' dell in every way.

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