Noise Complaints Dog Board 1, Boro Cabinet
BY RICHARD GENTILVISO

Borough President Helen Marshall said sidewalk cafés are "part of the ambiance of Astoria".

Noise is the number one complaint in New York City. An estimated 355,000 complaints are made to 311 each year, according to the city's Department of Environmental Protection (DEP).

"Noise has changed as a result of 311," Paul Cosgrave commissioner of the city Department of Information Technology and Communication said at the June 19 meeting of the Queens borough cabinet.

A comprehensive overhaul of the city's noise code, the first in 35 years, is set to go into effect on July 1. There are six key areas of change in the noise code: construction activities, animals, circulation devices (air conditioners), commercial music, vending vehicles and motor vehicles/motorcycles.

Noise was a primary concern of residents at the June 19 meeting of Community Board 1 as well. An application to expand a manufacturing building in a residential zone was rejected and a request to establish an unenclosed sidewalk cafe was amended by the board, largely because of community complaints about noise.

At the Board 1 meeting, a manufacturing building located at 19-03 75th St. in an R4 residential district asked for a variance so the building could be expanded for additional office space. But nearby residents were not receptive to the proposal.

"We are strongly against the addition," one resident wrote in a letter of opposition received by the board. Chairperson Vinicio Donato said the board had received five letters against the addition. "The situation has gone too far," said another letter referring to the amount of "noise pollution in a residential area".

Other residents of 75th Street testified against the expansion at the public hearing. One said there was a noise problem concerning idling trucks and another said, "The noise is unbearable."

A vice-president for the company said they have been in the area for "about 20 years". "We've tried to work with our neighbors. This is the first time I've ever heard there's a problem with noise," he said.

Although an application for an unenclosed sidewalk café at 44-18 Broadway (Time Café) was mostly endorsed by both community speakers and the board, the request for a sidewalk café was amended from 11 tables and 40 seats to 8 tables and 28 seats because of noise concerns.

Some residents of 45th Street said they were opposed because of loud music and patrons seated on the more residential street side of the establishment. Board Member Paul Vallone asked if the owners would limit the tables on 45th Street and the board recommended the total be lowered in general as well.

The DEP says there is a seasonal aspect to noise complaints. "Every May, windows go open and people complain," a DEP representative said at the borough cabinet meeting.

Board 1 District Manager George Delis, also at the borough cabinet meeting, said the noise complaints he hears about sidewalk cafés often refer to nothing more than the sound of people talking. "When I tell people there is no violation [for talking], they get angry," he said.

Charles Shamoon, assistant counsel for the DEP, said at the cabinet meeting that under the new noise code the standard for noise violations has been changed from measured decibel levels to "plainly audible" standards. "When it's quiet at night, any noise may be amplified," Shamoon said.

Under the new code, the decibel limit for a violation has been lowered from 45 to 42 inside a residence. The DEP is responsible for enforcement inside residences, while the police generally enforce noise out on the streets. "NYPD can more easily measure noise out on the street under this code," said Shamoon. "We were able to devise a method for transient noise, it's used in many states."

Music from bars and restaurants, for example, can be measured by the NYPD. Violations for a first offense are $3,200 and are then doubled, up to a maximum of $24,000. Motor vehicles and motorcycles are also prohibited from having excessive sound from a muffler or exhaust in 35 mph or less zones. Also, cars and motorcycles can's be audible at a distance of 150 feet or more. "We know that every NYPD officer can't have a sound meter, so we created the 'plainly audible' standard," Shamoon said.

In regard to construction noise, the city now requires a noise plan on all construction (one- and two-family, owner-occupied homes are exempt). Animal noise from a residence is a violation if it lasts for more than five minutes from 10 p.m. to 7 a.m. and for more than 10 minutes from 7 a.m. to 10 p.m.

Besides Time Café, there were requests for five other sidewalk cafés at the June 19 Board 1 meeting, of which four were approved. Those approved were: Nova Vita, 40-11 30th Ave. for 8 tables, 16 seats, Brothers Pizza, 30-50 14th St. for 6 tables, 12 seats, Margaritaville, 38-01 Broadway for 6 tables, 24 seats, and Oliput, 37-11 30th Ave. for 7 tables, 14 seats. A request by Galaxy, 37-11 30th Ave. for 8 tables, 26 seats was denied.

Speaking at the Borough Cabinet meeting, Borough President Helen Marshall said sidewalk cafés are "part of the ambiance of Astoria".