The owner of a restaurant on Church Street in Montclair claims that a summer concert series a new business organization holds Friday and Saturday evenings is disrupting his diners and hurting his business.
Fresco Da Franco owner Franco Porporino Jr., in a tort claim notice filed against the township July 29, says Downtown Montclair Executive Director Jeremy Pholwattana’s amplified music for his “Church Street Live” series violates local noise control laws.
“This has caused serious financial loss and damaged his reputation in the last three weeks since the inception,” Porporino’s notice states. “Amplified music is not allowed in the township of Montclair, New Jersey, and Montclair Township has allowed Mr. Pholwattana to circumvent the ordinance in town.”
Attorney’s Demand
A tort claim notice informs a public entity of a person’s claim, which if not resolved, could involve a lawsuit. Under state law, the written notification must be filed within 90 days of the injury and at least six months before a lawsuit against a public entity such as a township.
Porporino’s attorney, John Cerza, states in a letter filed with the claim notice that his client intends to file an order to show cause in Superior Court if “the issues and concerns previously communicated to the Township and its agents are not immediately addressed.”
“Injunctive relief and interim damages, including punitive damages, will be included in the relief requested,” Cerza writes. “It must be highlighted that no claim is asserted against the Montclair Police Department at this time.”
An online search of court records Monday, Aug. 11, did not show any action filed by Porporino.
Responses
The township declined to comment. “No comment from the township, as this involves an active legal matter,” said township spokesperson Matthew Amaral.
Speaking during an Aug. 1 concert on Church Street, Pholwattana laughed when a reporter read aloud portions of the tort claim.
“It’s absurd to say that playing music in the street is illegal on township property,” Pholwattana said. “The township has the right to do whatever they want to do. They have their ordinances. They have their procedures.”
The township’s spokesperson previously said that as long as Pholwattana is not charging or selling tickets, he does not need a permit. However, he must comply with local laws, including those concerning noise, said Amaral, who cited the town’s legal department.
Pholwattana said his music does not disturb anybody and instead draws in crowds in a way that helps businesses. He claims it’s the restaurant, Fresco Da Franco, whose music disturbs the peace.
“They pump music loudly, and they’re the one who actually disturbs the peace because they’re the one whose blasting their music until 1 o’clock in the morning and it disrupts this entire block,” Pholwattana said.
Police Reports
In his tort claim, Porporino references police reports detailing officers’ responses to his noise complaints.
“Mr. Porporino stated that the music was drowning out music within his business and his customers were having difficulty holding a conversation,” a July 26 police report says. “Mr. Porporino stated that he had a similar issue the night prior on 7/25/25 with the noise levels.”
The noise issues are not limited to the instances listed in Porporino’s tort claim.
On July 29, the municipal court issued Pholwattana a summonses for “unnecessary noise – disturbance,” and “nuisance – noise,” court records show. The offense date on both tickets listed as July 5. The complaining party on both summonses is listed as “private citizen.” Pholwattana’s court date is Sept. 17.
The Essex Regional Health Commission, a company the county contracts with, responded to a noise complaint on Church Street over the weekend, Essex County spokesperson Anthony Puglisi said on Monday.
“Essex Regional did respond to the noise complaint, but a summons was not issued,” Puglisi said.
Issues with music on Church Street are not new.
David Genova, owner of the Wellmont Theater, produces a summer concert series at Wellmont Arts Plaza. He said he was surprised when he heard Downtown Montclair is hosting music on Church Street because when the Montclair Center Business Improvement District hosted music there years ago, it encountered issues.
“It wasn’t universally liked,” Genova said. “Some of the business owners thought it was too loud or thought it was affecting their outside dining. Rather than solve the problem, they said we have a new summer series on Wellmont Arts Plaza, so we’re just going to discontinue the one on Church Street.”
‘Bypass of established procedures’
Pholwattana, who formed Downtown Montclair as a nonprofit less than a year ago, has declined to work with the Montclair Center BID, which coordinates events downtown. The town established the BID in 2002 to represent retailers and restaurants in the central business district along Bloomfield Avenue.
“For over two decades, the Township has respected the established norms that events within the BID district coordinate through our office, Montclair Center BID Executive Director Abhishake Shah said in a statement to Montclair Local.
“This intentional bypass of established procedures has resulted in significant disruption to our stakeholders, including documented revenue losses for individual businesses, disruption of established dining services and safety incidents requiring multiple police responses,” Shah said.
He did not state what the specific businesses are whose services Pholwattana has disrupted. And he did not state what the safety issues are. Shah, however, said the concerts appear to violate New Jersey’s Noise Control Act of 1971, which establishes sound level standards of 65 decibels during the hours of 7 a.m. to 10 p.m.
“I suggested pausing these events while new ordinances are drafted to allow cooler heads to prevail and establish clear protocols,” Shah said. “Instead, the situation continues to escalate, forcing businesses to seek police intervention and legal remedies rather than working through established collaborative channels.”
Email reporter Matt Kadosh at [email protected]
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