WINDHAM – Having debated the town’s special amusement ordinance for months now, Windham town councilors settled on a new sound level Tuesday night for establishments wishing to qualify for an amusement license.

The previous acceptable sound level, 50 decibels as measured at an abutter’s property line, was increased to 80 decibels from the hours of noon to 10:30 p.m. After 10:30 p.m. sound levels must peak at no more than 50 decibels. The average sound level of two people talking in normal voices is between 70-75 decibels.

The ordinance took many months of negotiation, with councilors weighing the needs of businesses in North Windham who rely on entertainment with those of residents wanting quiet neighborhoods. And, with residential neighborhoods directly abutting several of the establishments, namely Club 302 and Gilbert’s Chowder House, councilors felt a need to revisit the town’s policy regarding sound, especially after receiving complaints from a Club 302 abutter, Greg Gallant of Oak Lane.

Gallant, who was at the meeting Tuesday night, expressed dismay that the council would bump the allowable noise level 30 decibels.

“What I’ve researched is that every 10 decibels you increase, it doubles the sound. It doesn’t go incrementally, it doubles it. So you really should know what you’re talking about before you vote on something going from 50 to 80 (decibels),” Gallant said.

While Club 302 couldn’t be contacted by deadline, owners of Gilbert’s and The Landing Restaurant offered opposing perspectives on the council’s newly adopted sound levels.

Jim Gilbert, who opened his restaurant in the former Barnhouse Tavern in 2008 and has a residential mobile home park within yards of his establishment, said he “wished it was higher, but I appreciate the council’s listening to us and coming up with a compromise. It speaks well for the council and, of course, it’s a hell of a lot better than 50 decibels.”

Donald Gordon, owner of The Landing Restaurant, which is adjacent to Charlie Beiggs Restaurant on Route 302, is upset with the council’s action and said he will not renew his amusement license, which runs out Oct. 30.

“Oct. 30 will be our last day having entertainment. (Their vote) doesn’t change anything. I’m not going to pay thousands to install the (sound measuring) equipment. That’s all there is to it. It’s ridiculous. I’m done with them,” Gordon said.

Gordon is most afraid of violating the new ordinance, which could cost businesses $2,500 per violation. According to the new ordinance, a violation would be assessed if a business breaks the sound level 15 times during a 24-hour period. Councilors debated at length Tuesday night how the violation would be determined but settled on the 15 allowable spikes lasting no more than a minute per spike.

The potentially costly violation also worries Club 302’s Bickford, who was interviewed before Tuesday night’s meeting. Bickford said she has already spent upwards of $5,000 retrofitting the business to lower sound levels emanating from the rear of the building, which is about 50 yards from abutter Gallant’s home. Bickford said she’s felt like the “town’s guinea pig” for the past several months having to submit sound level records and being forced to buy recording equipment, while town leaders still hadn’t settled on sound levels and had never enforced the previous 50-decibel level established in 1993.

“In respect for the Town Council, I do feel targeted. We’ve had one complaint and had to spend a ton of money. And now I worry about future complaints. We could pay thousands for one violation,” Bickford said.

Bickford, who also managed The Roost entertainment facility in Buxton for many years, said she understand complaints about noise, but she said people should have thought twice before buying a home near the commercial zone in North Windham.

“We’re compassionate and we want to be a good neighbor, but we also have a business to run and this is the town’s commercial sector, and we do employ a lot of people,” she said.

The council voted 4-1 for the new ordinance. Councilor Bill Tracy voted against the amended sound level, saying a jump of 30 decibels, from 50 dB to 80 dB, was “too extreme” a step for the council to make after nearly 20 years of 50 dB.

Councilor Peter Busque offered an 85 dB level that was rebuffed by Councilor Matt Noel, who recommended the 80 dB level, citing figures from the federal Occupational Safety and Health Administration (OSHA), which describes 90 dB as damaging to the ear.

Councilor Donna Chapman, who’s been lobbying on behalf of the businesses saying they will be impacted financially if forced to stick within the 50dB limit, said “I can already see that The Landing has not renewed its special amusement license and it’s my understanding that Mr. Gilbert can’t comply at 50 dB at the lot line. So I’m assuming he’s going to be next. So, as I’ve been stating about these businesses in the past, we’re going to lose them. And in this economy we can’t afford to.”