PORTSMOUTH — The noise level generated by the clamorous crowd at Town Hall Monday night was at times louder than the business that dozens of residents came out to support.

After being charged with violating the town’s noise ordinance back in September, Robert Lantz, owner of Bill’s Sales at 1960 East Main Road, proposed an amendment to the law at a public hearing before the Town Council Monday.

Under the current ordinance, commercial properties may generate noise levels of up to 75 decibels at any time, but when abutting a residential property the sound levels are limited to 65 decibels or lower from 7 a.m. to 10 p.m., and to 55 decibels or lower from 10 p.m. to 7 a.m.

And there’s the rub for Bill’s Sales, because the business abuts residential property on one side. After receiving numerous complaints by Tarney Waring, a neighbor whose home abuts the business at 30 Crossing Court to the west, police took several readings at the property line that ranged from 60 to 78 decibels.

According to police reports, the noise was generated by hammering, a diesel truck, logs dropping, a chain/conveyor belt and other sources. The business, which has existed for 40 years, is primarily known for selling firewood but also carries storage sheds, stoves, gazebos, children’s play sets, lawn furniture and more.

The matter is currently being litigated in the town’s Municipal Court, and was scheduled to continue Wednesday (Dec. 16) morning.

On Monday, Mr. Lantz’s attorney, Adam Thayer, proposed an amendment to the noise ordinance that would give Bill’s Sales some relief. The change would allow any property with a commercial use since the town adopted its noise ordinance in 1991 to generate noise levels up to 75 decibels on all sides from 7 a.m. to 6 p.m.

Mr. Thayer said Bill’s Sales has spent “tens of thousands of dollars” in modifications to lower the noise levels, including a 14-foot-tall cement wall that was just completed Monday, a sound barrier fence and other changes. “His business is nine employees and everything the Lantz family has worked for is in jeopardy,” said Mr. Thayer.

Mr. Waring and his wife, Barbara, were the only people who testified against the ordinance. Mr. Waring said while he understands the business is trying to be a good neighbor and has, in fact, reduced noise levels in recent months, it is still in violation of the current ordinance.

“You should be able to prove you can comply (with the current ordinance) before you ask to exceed something,” said Mr. Waring.

Mr. Thayer responded, “If my client was able to comply to 65 (decibels), he wouldn’t be here. All they want to do is operate at a commercial level.”

‘Started with the kiln’

The Warings said they moved into their home in 2003 and had no complaints about the noise next door until 2011. “It all started with the kiln,” Mr. Waring said.

The business operates a kiln to dry firewood, and the noise from its exhaust fan produces noise that has kept the Warings up at night, the couple claims. “The kiln goes 24/7; it’s always running,” said Ms. Waring.

In addition, the business has expanded operations over the years, she said. Other noises, such as banging and “screeching” metal-on-metal sounds, have also made it impossible to enjoy their property outside during the day, Ms. Waring said.

Mr. Waring likened the experience to moving next door to an airport that flies Cessna planes, but “all of a sudden they’re flying jumbo jets.”

Mr. Lantz conceded there are “noise spikes” when wood is dropped from a truck, but after that the levels drop down.

Council President Keith Hamilton said he’d be more concerned with a constant drone-like sound that exceeded the permitted noise levels. “That would drive me nuts as well,” said Mr. Hamilton.

Residents support business

Council member Elizabeth Pedro, in fact, used a decibel meter to measure the sound levels in the council chambers Monday night and found that the chatter from the overflow crowd often exceeded 75 decibels.

A large majority of the boisterous crowd came out in favor of Bill’s Sales, with many audience members wearing stickers of support. Remarks by the Warings and council members were often interrupted by derisive comments coming from supporters of the business.

When they were given the opportunity to speak, supporters accused the Warings of exaggerating noise levels and the council of being unfriendly toward local business.

Jamie Freitas, who owns a business in town, called the current noise limits on commercial property unreasonable. “When people are cutting their lawns, they’re running over 65 decibels,” he said, adding that it’s the same with a quiet outdoor generator.

“Small businesses are pushed out of town one at a time. Mr. Lantz is doing everything he can to fix it,” Mr. Freitas said.

Joe Raposo said the town should allow a 75 decibel limit on all four sides of a commercial property. “I don’t smell a real friendly business atmosphere here,” he said.

Ginger Cameron rents a Crossing Court home from Mr. Lantz and said she’s never had a problem with noise. She said it’s upsetting to come home and see police cars in the cul-de-sac, only to realize they’re investigating another noise complaint.

Things got particularly testy when Gary Lantz, Mr. Lantz’s brother, took the microphone and accused council members of failing to help a local business he said was making a good-faith effort to comply with the law.

“This is a joke. All of you should be ashamed of yourselves,” he said, before pointing a finger at Police Chief Thomas Lee, sitting in the front row.

“My brother’s taxes pay your salary," he said.

‘Blanket change’

Some council members said they were reluctant to act on the proposal without hard data on whether the business’ recent modifications have lowered its noise levels. (A sound engineer was expected to testify for Mr. Lantz, but could not attend Monday’s meeting due to illness.)

Some members said the main source of most of the noise was still unclear. “You can’t fix something if you don’t know what it is,” said council member Michael Buddemeyer.

Mr. Hamilton added that Portsmouth’s noise ordinance is comparable with other towns, with Newport imposing even tighter restrictions.

Council members also said while they want Bill’s Sales to thrive like any other local business, they were concerned that the amendment would impose a blanket change to the zoning ordinance and would impact any property zoned commercial before 1991.

Mr. Thayer countered that any business that's been around for that long should be fostered by the community.

“If a business has been here for 25 years, it’s part of the fabric of town. It’s important for the town to protect these businesses,” he said.

After spending about two hours on the subject, the council voted unanimously to continue the hearing until 7 p.m. on Feb. 8, 2016. That will give the business time to continue its noise-reduction modifications and have its sound engineer present updated data, council members said.