GLEN RIDGE, NJ — The Borough Council decided unanimously on Monday evening to table the second reading of an amendment to the current noise ordinance. They did this after listening to a resident, Cheryl Tuosto, express her concerns that the noise ordinance is not being enforced equitably.
The borough, Tuosto and her husband, Richard, are currently being sued by Tuosto’s neighbors who, in court papers, complain that the borough has not prevented the Tuostos from operating a central air conditioning unit that makes noise above the legal limit.
Tuosto told the council that she moved into the borough four years ago and installed central air conditioning units. Her neighbors became concerned with the noise the units emitted and a lawsuit followed. Tuosto said the units were tested and the nighttime noise-level reading was 53 decibels. The borough ordinance sets the permissible limit at 50 decibels, following the state recommendation.
According to Tuosto, her neighbors, identified in court papers as Therese Brady and Stephen Corum, refused to allow the borough access to their property for noise-level reading to be taken. Tuosto said she and her husband have already paid $60,000 in legal fees.
“We selected efficient, quiet units and still have a lawsuit,” she told the council.
Mayor Stuart Patrick questioned how was it possible that the noise level of an ordinance can be set lower than what is commercially available.
“She has the most efficient,” he said. “Every air conditioner in town is above the code. We’ll table this.”
According to court papers, Brady and Corum allege Tuosto and her husband installed two large air conditioning units side by side 4 feet from their property. Each unit, they allege “operates at a noise specified by the manufacturer to exceed 70 decibels, which use constitutes a noise nuisance and violates the municipal code.”
In court papers, Brady and Corum also allege that the borough had been notified of the excessive noise level since April 2014.
“The units failed all tests conducted by Glen Ridge at or within the receiving property,” the court documents said. “The units failed the June 6, 2014, noise test conducted through a shared service agreement with Bloomfield Board of Health measured at or within receiving property. The units failed the July 17, 2014, noise test conducted by the Glen Ridge Police noise control officer at or within receiving property. The units were determined to violate the Glen Ridge code in sound levels measured by an acoustical engineer on July 13, 2015, at or within receiving property.”
The complaint alleges that on July 13, 2015, Glen Ridge conducted an improper noise test on Tuosto’s property instead of Brady and Corum’s property and with Richard Tuosto holding a piece of cardboard in front of the sound meter held by GRPD Noise Officer Christopher Grogan.
Brady and Corum are asking the borough for compensatory damages, enforcement of the law to prohibit using the air conditioning units to operate and attorney fees. From the Tuostos, they are asking for compensatory damage, an enjoinment preventing the Tuostos from entering their property and a judgement that they do not have title to an easement along the properties.
After tabling the amendment, Borough Administrator Michael Rohal suggested a stop-gap noise ordinance for construction sites. This was agreed upon.
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