Montclair Restaurant Owner Takes Legal Action Over Street Concert Noise
The owner of Fresco Da Franco restaurant has sent Montclair Township a legal warning about street music disruptions. Franco Porporino Jr. claims the Church Street Live shows break noise laws and cut…
The owner of Fresco Da Franco restaurant has sent Montclair Township a legal warning about street music disruptions. Franco Porporino Jr. claims the Church Street Live shows break noise laws and cut into his profits.
The warning targets weekend music shows run by Downtown Montclair. Attorney John Cerza might push the case to Superior Court if officials don't act.
"It's absurd to say that playing music in the street is illegal on township property," said Downtown Montclair Executive Director Jeremy Pholwattana, according to Montclair Local. "The township has the right to do whatever they want to do. They have their ordinances. They have their procedures."
Police files list multiple noise reports from the restaurant. One report from July 26 states diners couldn't hold conversations over the loud music. The issue keeps coming back week after week.
On July 29, officials gave Pholwattana two tickets: one for "unnecessary noise" and another for "nuisance." These came from a July 5 event. The court will hear the case on Sept. 17.
Since the shows are free, no permits are needed, says township spokesman Matthew Amaral. But sound limits still apply. Officials stayed quiet on other details due to pending legal action.
A noise check by Essex Regional Health Commission didn't result in any fines, according to county official Anthony Puglisi.
The concert planners faced sharp words from Montclair Center BID chief Abhishake Shah. "This bypass of rules has hurt our members, with proof of lost money for businesses," Shah stated.
Shah noted the shows might break state noise laws, which cap sound at 65 decibels from morning to night. He wants a pause on concerts while new rules take shape.
Wellmont Theater's David Genova recalled past issues with Church Street music. Earlier shows ended when business owners said noise hurt outdoor dining.
The legal notice starts a 90-day wait before any lawsuit can start, per state law. Court records show no formal case filed as of Aug. 11.
