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Noise Charges Dropped Against Tom's Market

The market corrected the problem.

TIVERTON—The town dismissed charges against for violating Tiverton's noise ordinance on Tuesday afternoon, citing the store's efforts to minimize the sounds from its cooling fans.

The market, which opened its 492 Main Rd. location on March 30,

The fan system in the rear of the market sits just a few yards away from residential homes. Former Town Council President Donald Bollin, an abutter who lives at 25 Russel Dr., filed two complaints with on March 21 and 30 and complained once more to the store on March 28, according to reports from Jeanne Scott, assistant town solicitor.

Following the complaints, a noise reading on March 30 registered 69 decibels, which is above the town's allowable limit of 65 decibels on constant sounds in commercial areas. A subsequent April 17 reading measured noise from the cooling fans reaching 65.9 to 66.5 decibels.

By the time of the second reading Cpl. Daniel Raymond noted owner Thomas DeAngelis had already beg Styrofoam membrane in front of the compressors facing Bollin's property.

"The town will dismiss the charges with costs as [DeAngelis] took corrective actions and has been in compliance since April 20," said Scott during the 4 p.m. hearing on Tuesday.

DeAngelis is continuing his efforts to reduce the amount of noise reaching the residences behind his market, he said after . Already he has added a plywood sheathing to direct sound upward and away from nearby homes.

"At this point I think everyone is satisfied, I am satisfied and happy that it is resolved," said DeAngelis. "I just want to be a good neighbor and I don't want any problems, especially being new in town."

According to Scott, decibel readings have been compliant with town standards since April 20, although there are concerns that warmer weather could cause more fans to kick on and increase noise levels.

"Tomorrow will be 90 degrees, it's the first time the temperature will reach that high so we will take preemptive readings," said Scott. "That's one of the fears that in summer more compressors will go on and raise the volume. If the volume does go up, we will cite him and hopefully he can stay compliant."

If the market is found to be in violation of the noise ordinance in the future, DeAngelis would face daily fines with a maximum fine of $500. However DeAngelis said that he would continue to work with the town and neighbors and that he plans to paint the plywood and stryfoam membrane that now encase the market's cooling compressors.

"Good luck in your operation," said Tiverton Municipal Court Judge James Donnelly after dismissing the charges. "I am sorry you had this bump in the road, but we got through it and did so in the proper way."

TECH June 20, 2012 at 03:36 PM
Tom's Market has made efforts to correct the noise issue in a very unfriendly business climate. Hopefully no further complaints will be lodged against Tom's. When you own property that abuts commercial real estate, you do so with the understanding that there is a risk of noise. I almost bought a house last year that abuts a restaurant and chose not to for that reason. Homeowners, who choose to purchase property next to commercial real estate, need to recognize they are taking a risk and not blame others for a decision they made regarding their property's location. It reminds me of homeowners who complain about noise or runway expansion at TF Green Airport. Well then, you shouldn't own a house near an airport. Instead you complain and try to hinder economic develop for your town and the rest of the state.
Rade June 20, 2012 at 05:01 PM
I am glad that the town saw fit to drop all charges; I love Tom's Market and hope they have a long and successful stay here in Tiverton.
Ryanthegirl June 21, 2012 at 12:04 AM
If a home were built behind an existing commercial building long after the commercial building was there I would think you would know that the building could change hands and use. I think neighbors of vacant homes have a much stronger complaint. If a home looks vacant- 4 foot tall grass, trash in the yard, no lights on...etc. not only does this drop your property value but now the copper stealing thieves are now right next door. Tiverton should enforce mandatory vacant property registration, similar to Westerly and many other RI towns. If a home is foreclosed you must register that with the town, for a fee. Why? This forces the banks, on record, to show they are now in possession of the property and considered current owners and must be responsible for lawn and maintenance of the home. Is there a way to institute this or would this be something that is just ignored regardless of the potential to help current neighbors of vacant homes and revenue?
Chad G. June 22, 2012 at 11:32 AM
Regardless of your proximity to commercial property if the sound is excessive its excessive. Thankfully the problem was easily solved and hopefully business can go on as usual.

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