Mary Comstock just wants to reside quietly on Pond Road. Carlos DaSilva just wants to make a living.
So what is all the noise about?
Even with her porch door closed, Comstock can clearly hear the dicing and grinding of wood chips from DaSilva's J&S Pallet Co.'s Lincoln, R.I., pallet-grinding machine. It's gotten to the point where Comstock and 24 other neighborhood residents have signed a petition asking town officials to enforce a noise ordinance, which, they believe, owner DaSilva has been violating.
"It's like turning a boombox on really really loud and putting your head in front of it," Comstock said.
DaSilva said he is trying to keep people happy while making his living.
"We're trying to be a good neighbor," DaSilva said. "I just wish they would be more patient."
A discrepancy in the noise ordinance is making it difficult to keep peace between the parties.
The noise ordinance, established in 2001, allows manufacturing companies such as DaSilva's to generate average noise levels up to 70 decibels, while in a residential area -- like Mary Comstock's -- the decibel level average can reach 60.
The ordinance allows the average reading to be within five decibels of the limit, meaning any reading under 65 decibels would be in compliance in a residential zone. Violations result in $50 to $100 fines.
But here is the rub. According to Police Chief Robert T. Kells, the dilemma is, do you measure the sound from where it's made or from where it's heard?
Though the decibel level in a manufacturing zone is 75, the company could still be in violation of the noise ordinance, Kells said. For instance, if the 75 business-zone decibels reach a residential zone where the level is 65 decibels, the company would be violating the noise ordinance if the reading came from residential property.
"Now, does that make sense to you?" DaSilva asked.
Police reports said that in a 10-minute period on July 22 the noise level from the plant as measured at Comstock's house ranged from 60 to 74 decibels. In terms of violating the noise ordinance, Kells said DaSilva's noise levels are marginal.
The building inspector, Joe Patello, said he believed DaSilva is in compliance with the ordinance and is sympathetic to the owner's situation.
"Carlos is very upset that the people are doing this and he's trying to do his best and going beyond what he has to," Patello said.
DaSilva was cited for noise violations twice this year, once on April 15 and again two days later. Both citations were dismissed based on DaSilva taking action to reduce the noise level, Kells said.
In the meantime, DaSilva said he's doing what he can.
"It's noisy," DaSilva said. "That's why I'm still trying to eliminate the noise."
DaSilva recently asked three noise-abatement companies to work with the company and propose the best way to take care of the issue. DaSilva explained that he has tried to accommodate the residents in the past by putting a muffler on the machine, only using the machine between 10 a.m. and 2:30 p.m., and building a housing around the grinding wheel.
Even with these measures, Town Councilwoman Patricia M. Melucci believes the residents' quality of life is being infringed upon by the noise.
"The noise is like you have a toothache or a migraine," Melucci said after she listened to it on Comstock's porch.
"It's aggravating and a nuisance."
But Melucci does see that DaSilva is trying to resolve the issue. And DaSilva said he'll continue to work on the problem, but added that the residents have to understand where they are living.
"It's just too crazy to be so sensitive to noise and to be living next to an industrial park," DaSilva said. "It's like moving out to the country and complaining that there are cows, sheep and other farm animals." Providence Journal