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."