Once you amplify music, you’re over 75 decibels.”

Keith Hamilton, Portsmouth Town Council president

If you grant a variance with no restrictions on it, the sky’s the limit.”

David Gleason, Portsmouth Town Council vice president

PORTSMOUTH — The good news for Ragged Island Brewing is that its outdoor concert series that begins June 7 has been approved by the Town Council. 

The bad news is there’s a big stipulation: The concerts’ amplified sound levels can’t exceed 75 decibels (dBA) as measured from the property line of nearby residences, the council ruled in a 5-2 vote.

Ironically, Ragged Island owner Matthew Gray came to the council on March 24 seeking a variance to the sound limits set forth in the town ordinance (Chapter 257) for his property at 54 Bristol Ferry Road. 

The farm brewery is set in a residential zone, and therefore its maximum sound levels measured from a receiving property boundary are normally limited to 65 dBA from 7 a.m. to 10 p.m., and 55 dBA from 10 p.m. to 7 a.m. The sound limit for all other zoning districts (commercial and waterfront, light and heavy industrial, and public water), is 75 dBA at all times. (dBA is a weighted scale for judging loudness that corresponds to the hearing threshold of the human ear.)

The Original Wailers, featuring Al Anderson of the late Bob Marley’s band, will perform at Ragged Island on Sunday, June 8.

The Zoning Board of Review unanimously approved a special-use permit for the 2025 concerts series back in November, and no objectors were heard.

“It’s a nice community gathering space. We’re family friendly,” Gray told the council. 

Addressing attendance, Gray said he expects somewhere between 800 to 1,000 people to attend the festival. “Last year we had over 800, and we were able to successfully manage that,” he said. 

A previous show by the local reggae band The Ravers — they’ll return June 7 — drew 1,300 to 1,400 people, but that was a non-ticketed event. The festival will be for ticket-holders only, he said. The brewery has met with local police and fire officials to arrange for details, and has also hired a security firm, Gray said.

According to Police Chief Brian Peters, whose department is responsible for coming out to measure decibel levels whenever there’s a complaint, only two residents have objected to noise coming from Ragged Island, and they live on Davey and Willow lanes. Peters said the decibel level readings taken from Davey Lane, which is about three-tenths of a mile from the brewery, were 65.8 and 68.9 dBA shortly before 7 p.m. on July 7.

Noise limits debated

The real debate started when council member David Reise moved to approve the variance request with the provision of a 75 dBA limit as set forth in the ordinance.

Council member Juan Carlos Payero charged that would be counterintuitive. “Setting a limit would not be granting a waiver,” Payero said, noting that an indoor dishwasher can produce noise measured at about 75 dBA.

Council President Keith Hamilton agreed, saying a 75 dBA limit is too low for the concerts. “Once you amplify music, you’re over 75 decibels,” he said.

Reise referenced earlier testimony from the police chief. “They were complaining at 68,” he said, while Hamilton countered the objector was three-tenths of a mile away.

“Ninety-five (dBA) is your lawnmower,” said Hamilton, noting the ordinance exempts lawn equipment.

Council Vice President David Gleason also supported the 75 dBA limit. “If you grant a variance with no restrictions on it, the sky’s the limit,” he said.

Reise agreed. “If you give them a higher threshold, they’ll have less incentive to make less noise at the source,” he said, adding that he didn’t see the limit impinging on the brewery that much. “That’s a big piece of property.”

Hamilton and Payero were the only two council members to cast dissenting votes, because they did not agreed with including the 75 dBA limit.