Back to the noise wars, yesterday, the Lo-Down reported on this week's community meeting to combat excessive noise coming from the Thompson LES hotel. One of my tipsters, a resident of the backside tenements, was also on the scene and submitted the following details:
"People were upset about the pool noise," the tipster reported. The hotel hosted a pool party last week and "it was disgustingly loud." How loud was it? See for yourself. That same tipster sent in this video:
Also reported from the meeting:
Management promised to put sound meters in resident's apartments so "we can hear what you hear" and adjust levels accordingly."
"The one thing that got a giggle from everyone is that management promised to email us with a list of events before they happened. One resident (who lives next to the tent) effectively said, 'What good will that do? So I know when not to stay in my own apartment in case I want to sleep?'"
Finally, there will be another meeting with hotel management in 30 days.
More Hotel Noise News:
Note from the Backside 1
Note from the Backside 2
Friday, May 29, 2009
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17 comments:
Ugh.
And why isn't anyone in the pool? No lifeguard on duty?
I can summarize the whole issue in one word - zoning. This city has never had a logical grasp on that concept, and it's only gotten worse. The fact that anyone could be expected to even remotely tolerate living with this type of noise is beyond any basic or reasonable expectation. This is progress, this is the city we now live in. A pool party? Hardly, it's just another excuse to make money off of "dead from the neck up" new in town residents and their genre, who have come to look at events and places like these as representative of NYC's culture.
it shows how off the charts the noise problem is.
no one moved to the EV/LES to hear birdsong in the mornings and crickets at night. honking horns, occasional street fights, passing radios--all were expected, sometimes hated, sometimes celebrated. but it was tolerable.
not anymore.
it would be pretty uncouth to actually go in the pool during a pool party.. obviously
Zoning is the issue. Having a fun loud party is not evil, it's just the proximity to residential units, which I suppose are intended to be torn down for more hotels? The idea that Management needs to put noise meters in apts is laughable. Anyone can tell that is too loud without a meter.
I wonder if Bloomberg's Quality-of-Life brownshirt squads will do something about this...
(LOL yeah right)
I hate to say it, but it's very likely nothing will happen unless someone sues. The DEP, under the direction of Bloomberg, doesn't really enforce the new noise code, even though it was signed into law by Bloomberg in 2007 and went into effect on January 1, 2008. There are very specific regulations in the noise code as to decibel levels of noise produced etc...and you can sue for what is called nuisance (which is defined by loss of use of property) using violation of the code to prove the hotel's liability. My suggestion is that the residents buy noise meters and measure the noise within the apartment when this happens while simultaneously keeping what is called a "contemporaneous incident log", simply a diary where you write down the noise as it happens (i.e. Sunday the 27th, noise heard at 75 decibels from 10 pm-2 am from revelers on the roof or the sound system etc)...Make this diary on a computer so a tech guy could verify that you entered the information on the date it occurred.
Keep calling 311 literally everytime this happens, and try to get numbers to the DOB and DEP and just leave messages over and over again. The DEP has a couple people who go to locations with noise meters and issue $5000 tickets, they might send one eventually. The problem is that they're in cahoots with developers and landlords and will send someone when nothing is going on (i.e. in the afternoon or when there isn't an event on the roof).
Also, your landlord is responsible for furnishing an apartment consistent with what is called the "warrant of habitability", and activities from neighboring properties depriving you of the use of your property make the landlord liable to you (you could actually stop paying rent but this is dicey and not a good idea). You could easily get out of your lease because of something like this.
You're pretty much stuck in a really tough place. Hiring a lawyer would be expensive so it might not be the best idea, but you can do a pro se lawsuit and sue yourself. Best scenario would be that someone in one of these buildings is a lawyer, and then you could join everyone up and do a group lawsuit. If you sue with a bunch of people together it'll bump up the damages you can claim and especially if you get tenants from multiple buildings, you might get an injunction prohibiting access to the pool after 10 pm or something like that. Best of luck.
jesus that is loud, it's fucked up that an open pool/party area would be allowed that close to a seperate building where people live. so obnoxious, especially in these times.
The DEP was just in my house tonight, it took about 2 weeks for them to come after calling 311. They have a crew that specifically works at night. They do issue summons if the decibels are higher than the limits. Whether anybody enforces them to get them paid, I don't know.
Here are the decibel rules, as they told me: the law says 42 decibels, and they are allowed to go to 45 to account for +/- on the equipment. Then, to be fined you have to be 5 decibels over. Bottom line: 50 decibel limit.
Based on what was measured out of my window, 50 decibels isn't really very loud at all.
I encourage the people who live nearby to keep calling 311, write down your case number, call the DEP during business hours too. Someone will come with their little kit and measure. If you don't make the calls and follow up, you have no right to complain.
Noise is the #1 reason for calls to 311 (I read that somewhere, someone else can try to find the link, I'm too lazy).
I had a similar problem here in Chelsea. I am in a back apt. The Bar/Lounge next door has a back patio under our windows. They had tables and such and served people until 4am. They were very loud. No one could sleep. One night I threw big bowls of water on the partiers. That cleared them out but then the management had the police at my door. I almost got arrested because they were within their legal rights. (They also thought I threw piss on them - idiots). But, it got the message across. They no longer use the patio. I suggest EVERYONE in those apt.'s throw water on the pool parties every night at various hours. They can't arrest all of you.
10pm noise abatement laws should be enforced.
Ah yes, the drunken mating shriek of the yunnette in heat. I am familiar with the species. A pack of these woke me from my slumber at 5:17 this a.m..
For a mere $99, you can have a lot more fun than blasting music:
http://www.shomer-tec.com/product/super-sonic-nausea-1302.cfm
wow.
The hotel wants to put noise meters in nearby residents' apartments so they can monitor the noise and keep it at just UNDER the legal limit. This way they can continue to make noise without fearing getting fined. The neighbors should not let anyone from the hotel in their apartments! Just call 311 over and over and let those fines get levied - multiple violations get higher and higher fines.
Pool party without making a noise, is that possible?? Please show some support for the residents of the backside apartments.
im sure that Bloomberg's Quality-of-Life brownshirt squads would do something for sure. there is nothing more disturbing than a noisy pool party at night when you want to sleep. choose different hotel next time!
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