Summer Fun Leads to Noise Complaints
By: Melissa Ostrow
For: Long Island Press
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HUNTINGTON-One person's party fun is another's noise pollution, and in summertime the noise complaints heat up with the weather, as bars and restaurants open their outdoor patios and crank up the speakers.
This year, according to police and town governments in some of the most affected communities-particularly those with thriving bar scenes on the waterfront, where noise travels well-say that noise complaints seem to have abated in recent years. The Wall St., for example, a bar in Hauppauge, faced legal charges last year after the town of Smithtown received repeated noise complaints, but hasn't had a problem this year. In North Long Beach, several clubs on the water were the focus of a barrage of community complaints in the past, but police from the 4th Precinct have learned to regularly keep their ears tuned to decibel levels in the area and address noise proactively. "We don't get that many noise complaints [anymore]," says Richard McGuire, commanding officer at the 4th Precinct.
Such successes are little consolation to the people of Huntington, who have made numerous complaints against CoCo's Waterfront Café, a popular nightclub that has been operating in Halesite for more than a decade. On July 30, CoCo's will go to court after receiving six summonses about the volume of its music since the beginning of this summer season. According to Bruce Richard, director of department of public safety, the Town of Huntington has received many phone calls from residents complaining about the volume of music being played at CoCo's, although only one complainant has actually signed affidavits.
"We have entertainment within a normal course of business. Nobody can say CoCo's is making unreasonable noise," says the club's manager, Rocco Rossini. He believes that much of the noise residents attribute to his nightclub comes from elsewhere-nearby Huntington Harbor, for example. "People target CoCo's and make CoCo's a scapegoat," Rossini adds. He says he will investigate any complaints about noise by sending a staff member to the complainer's home to evaluate where the noise originates. But no complainer has yet been willing to give out his or her address. "People call and are very rude on the phone, and slam the phone," Rossini says. But even patrons who enjoy the club have witnessed ear-splitting noise from outside the club, and can understand locals' complaints.
Most of the complaints against CoCo's refer to noise being made before 11 p.m., which puts it in a gray area. According to Huntington regulations, any noise that is plainly audible at a distance of 50 feet from a building between the hours of 11 p.m and 7 a.m. is in violation of the law. But before 11 p.m., only "continued unreasonable noise" is against the law. Although the law contains a detailed explication addressing specific noisemakers, from jackhammers to pet birds, it leaves the judgment of "unreasonable" to community members. That's why most noise summonses in Huntington are based on affidavits from witnesses, Richard explains.
CoCo's isn't the only business in Huntington Village that has allegedly violated the noise code. Among establishments recently facing complaints are Veranda and The Light House Bar. But CoCo's seems to be a repeat offender, which is one reason the town board jacked up fines for this offense last year. "In the past, some businesses paid the $250 fine, considered 'the cost of doing business,'" says Richard. Now fines run from $50- $250 for the first offense; $250-$1,000 if a second violation occurs within 30 days; and anywhere from a $1,000- $5,000 if convicted of a third offense within two years. "The town was attempting to make it more costly for repeat offenders," Richard adds.
Of the six summonses CoCo's will have to address in court next week, three are related to noise violations. The other three were given to the club for not having a permit for outside music. Because of CoCo's type of business and its proximity to residential homes, the zoning board of appeals will not grant the permit. To fight this they would have to go to the zoning board for a grant, which they have not done. In fact, Rossini professed ignorance of the permit requirement. Richard believes that if the music were inside like it is supposed to be, the community would not be complaining of unreasonable noise.
CoCo's can take heart from The Wall St.'s experience. The Hauppauge bar faced 18 charges of noise disturbance in court last year, but 16 of those were dropped, and the problem seems to have evaporated. "Most of the complaints were to support the lawsuit," says Tom Shaw, the bar's manager. "We've had no problems since [the court case] and we haven't changed anything."
