HOWELL – A resident of Castle Court who has been dealing with the effects of noise emanating from a movie theater near his home is planning to take the matter to Howell Municipal Court. The issue has lingered for almost two years.
“The noise continues despite (the owner of the Xscape Theatres Howell 14) saying he disconnected the sound system. We hear it every day and it is a nuisance,” resident Marc Parisi said.
“We simply want to have the peaceful enjoyment of our home and property we had before the theater opened. We want the township to enforce what was promised, that there would be no noise heard on our property,” he said.
Parisi said he filed complaints in municipal court in August 2017. He said there was a mediation session in October, a summons issued to the theater owner in December, and court dates in February and April which were postponed. He said the matter is now scheduled to be heard in municipal court on May 11.
In September, the Zoning Board of Adjustment upheld a determination by Howell’s zoning officer that the Xscape theater in a retail center on Route 9 is not causing a noise disturbance at Parisi’s home, although noise from the theater is audible there. Parisi is appealing the board’s decision in state Superior Court.
In October, Township Council members adopted a new noise ordinance in a move to conform to the state Department of Environmental Protection’s model noise ordinance. Parisi expressed support for that ordinance.
During a March 6 council meeting, Parisi addressed Howell’s elected officials. He said there was a specific prohibition in the noise ordinance that was in place prior to October “regarding the operation of any sound production device that could make noise that can be heard across real property boundaries between 10 p.m. and 7 a.m.”
“The (council) adopted the model noise ordinance on Oct. 17. This ordinance requires the township to have a noise control officer (NCO) trained and certified to take sound measurements. Howell does not have an NCO (trained and certified), nor does it own a sound meter.
“Howell does not have a shared services agreement with the Monmouth County Health Department. The health department says they are not authorized to enforce the municipal noise ordinance. So basically the township has a noise ordinance without the ability to enforce it.
“I believe the levels of noise heard inside my home would violate the model noise ordinance based on the levels that were measured in June 2017 when my noise expert took measurements,” Parisi said.
On Nov. 3, Howell’s code inspector notified the owner of the Greenleaf at Howell shopping center that the movie theater was in violation of the municipal noise ordinance and that a reinspection would occur on Nov. 14.
In a letter regarding the matter, the parties wrote that “rather than expending the effort, time and expense to respond to Mr. Parisi’s complaints” the Xscape theaters have disconnected the Dolby Atmos Sound System “which is integral in producing the low scale sound (vibration) experience in the two Xtreme auditoriums.”
Parisi disputes the claim that the theater owner disconnected the sound system.
On April 18, Patrolman John Barroqueiro Jr. responded to Parisi’s home. According to a police report, Parisi’s complaint was with noise persistently coming from the movie theater and states the “rumbling” can be heard throughout the day and increases at times depending on the movie playing.
“I stood by on scene with Parisi and listened for a short period of time. I could hear several times light rumbling coming from the theaters. Parisi informed me the issue has already been brought to the attention of the Township Council and zoning officials several times, however, the situation persists,” Barroqueiro reported.
Barroqueiro went to the theater and spoke with management to advise them of Parisi’s complaint. The officer was advised there was nothing management could to do minimize the rumbling, according to the police report.
