Re. by Steve Biagiotti, letters, June 26

I read with interest Steve Biagiotti’s recent letter complaining about the live amplified music at Adriano’s restaurant in Dillon. I too live (and own investment property) a stone’s throw from the restaurant, and my family has been disturbed by the music since it started on June 20. I have discussed the matter several times with the owner and his son and, while our conversations have been cordial, they have made it clear to me that the restaurant intends to continue the live music up to five times per week (including large events such as weddings). I do not believe that use is compatible with what I have come to know and love as a quiet, family neighborhood. While the music may or may not violate the town noise ordinance (I’d be shocked if it doesn’t), the noise ordinance is not the only applicable law. The town code bans nuisances, which would include any activity that unreasonably interferes with the neighbors’ use and enjoyment of their properties. I believe the volume and consistency of the music at Adriano’s does constitute a nuisance in violation of the town code. I am not aware of any venue in the county where live music is permitted immediately adjacent to residential properties. Also, the restaurant is subject to restrictive covenants, which restrict that “anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.” The covenants further indicate that any business use on the property must be “entirely within an enclosed building.” I believe Adriano’s music violates the covenants in these regards. I support Adriano’s right to run a business, but the live amplified music needs to stop. I request that interested neighbors contact me at Noah@TheKlugLawFirm.com to join together and formally request that the town take action.