PORTSMOUTH — A local business owner who was charged with violating the town’s noise ordinance last month will ask the Town Council Tuesday night for an exception to the law.

On Sept. 15, Robert A. Lantz, owner of Bill’s Sales, 1960 East Main Road, was issued a summons to appear in Municipal Court to answer charges that he violated the town’s noise ordinance.

The charges were based on numerous complaints filed by a Crossings Court neighbor over noise generated at the business, which sells firewood, storage sheds, stoves, gazebos, children’s play sets, lawn furniture and more. According to police, the noise was generated by hammering, a diesel truck, logs dropping, a chain/conveyor belt and other sources.

Under the town’s noise ordinance, in residential and open space areas the sound level must be 65 decibels or lower from 7 a.m. to 10 p.m., and 55 decibels or lower from 10 p.m. to 7 a.m. The sound levels are measured “within the real property boundary of a receiving land use,” according to the ordinance.

Police took several readings from the property that ranged from 60 to 78 decibels.

Violation of the ordinance is punishable by a fine of not more than $100 and/or imprisonment for not more than 30 days.

In a Sept. 17 letter to the Town Council, Mr. Lantz requested an exception in accordance with Chapter 257-5 of the noise ordinance.

“We have residential properties on our north boundary and we cannot exceed 65 decibels at their property line,” Mr. Lantz stated in his letter. “We also have existing commercial property on the same north boundary and we are not to exceed 75 decibels at their property line. We are asking that our noise level not exceed 75 decibels between the hours or 7 a.m. and 6 p.m. during our business days.”

Mr. Lantz went on to say that all of the complaints come from one neighbor and that the business made several changes in the past “to help contain the noise.” In addition, he said, the new Municipal Court violations are regarding the processing and loading of firewood. “The vast majority of these violations are for noise that is below 75 decibels and last for less than 30 seconds,” he stated in his letter.

Bill’s Sales is also in the process of making several major changes to keep the noise level down, he said, including fencing with an industrial acoustical barrier at its log deck.

“Although we believe these changes will make a major difference in the noise level, we would also like to have an exception to the noise ordinance during business hours. All of these changes have been done at considerable expense,” Mr. Lantz stated.

Neighbor objects

In an Oct. 4 letter to the council, however, Tarney Waring of 30 Crossing Court objected to any noise ordinance variance for Bill’s Sales.

He said when the company applied for a special use permit in 2010 — two years after it became commercially zoned — it promised that the site activities would not change and would not have a detrimental effect on the surrounding area. Also, the company said “any objectionable feature such as noise, smoke or odor” would be controlled, according to Mr. Waring.

“The wood-dried kiln, which has an exhaust/fan with terrible odors was not included with this proposal and was not an activity on this property before this application,” stated Mr. Waring, noting that amounted to a change of activities. He added that the “excessive level of noise made it extremely difficult to sleep with at night from 2012-2014.”

Mr. Waring went on to state that the kiln’s fan and exhaust continue to be an issue, as are the daytime noises and fumes.

The council meets at 7 p.m. on Tuesday, Oct. 13, at Town Hall. To view the complete agenda, click here.