A New Hyde Park tavern owners’ complaint over a recent summons issued for excessive noise resulted in a heated discussion with Village of New Hyde Park Mayor Robert Lofaro as both men raised their voices at Tuesday night’s board meeting.
Walk Street Tavern partner Jimmy Tubbs told the board he recently received a summons for noise levels which he felt was unjustified.
“The noise level requirement is impossible to meet. It’s not a fair code,” Tubbs said. “You put a code out that sets me up to get a summons.”
Lofaro said the village board had received complaints about noise at Walk Street recently during a recent village board meeting.
“We found a violation and summonses were issued,” Lofaro said.
“I’m complaining about you coming down on me after it’s been okay for five years,” replied Tubbs, who has co-owned Walk Street since 2008
“Do you not know you cannot have live music if it’s over a certain decibel level?” Lofaro said.
Both men raised their voices in what became a heated argument and Tubbs told Lofaro that Logaro was in violation of the village noise code.
Walk Street was cited on June 29, according to village Building Inspector Tom Gannon, when a band called New York Connection was performing in an outdoor space adjacent to the tavern. The village code sets a nighttime limit of 55 decibels for continuous noise, such as a live band performing, in the village’s commercial zones.
Lofaro said the village board had received complaints about noise at Walk Street recently during a recent village board meeting. At that meeting, several residents complained about excessive noise and other issues concerning Empire Billiards, which recently closed.
Tubbs strongly objected when Lofaro referred to problems in what he called the “Ingraham corridor” that he said included Empire Billiards, Walk Street and a BP service station where Nassau County Police had recently made three arrests of people carrying open beer containers at the BP station.
He said Walk Street Tavern had not received any complaints from his neighbors about excessive noise.
“We haven’t had an issue there in five years,” Tubbs said.
Tubbs added that in a private meeting with board members in 2010 to discuss complaints from neighbors about live outdoor music. Lofaro said Tubbs agreed to maintain lower sound levels and stop live music at 10 p.m. instead of 11 p.m.
Tubbs confirmed what Lofaro’s account of the meeting. He said he sought the meeting because he said he was being “falsely accused” by residents of generating excessive noise at Walk Street.
“It was a friendly meeting. We were all on the same page,” Tubbs said.
Lofaro said despite what he called a “noble attempt” on Tubbs part since 2010, the outdoor music still exceeds acceptable levels.
“So when the politicians have their fundraisers [at Walk Street], you’re going to send me a summons,” Tubbs said.
The village, Lofaro said, would issue a summons in those circumstances.
“Maybe we’ll close our business too,” Tubbs replied.
“When you violate the code, summonses will be issued,” Lofaro said.
Tubbs suggested taking a census among Walk Street Taven’s neighbors to determine an acceptable decibel level in the neighborhood.
But Gannon said the village could not define noise code levels for specific neighborhoods.
“Is it fair for a neighbor living next to your establishment?” Lofaro asked Tubbs.
Tubbs said residents living adjacent to Memorial Park are subjected to decibel levels exceeding the village code when outdoor summer concerts are held there.
The concerts, Lofaro responded, were there for the benefit of the public.
“What about people who don’t like it?” Tubbs asked.
“They have a complaint,” Lofaro said.
Tubbs said citing his tavern for a noise violation is “a bit of hypocrisy” for members of the village board who have attended political events at Walk Street.
After the meeting, he said Lofaro is targeting his tavern.
“I think he has singled us out. I have been told that by people,” he said.
Tubbs said he was “shocked” when he received the summons subsequent to the June performance of New York Connection, which he said appeals to an older audience. Tubbs said a village employee told him Gannon was sent to monitor the noise level at Walk Street that night.
The summons could result in a penalty of up to $2,000 or 15 days in jail, Tubbs said.
“He’s entitled to his opinion. He’s not being singled out,” Lofaro said when told of Tubbs comment.
He said Tubbs is a “great guy” and called Walk Street Tavern “a great establishment in the community,” but added, “We take an oath to uphold the codes in the village.”
Gannon said he wasn’t specifically checking on Walk Street that night, but was “checking the area because we had information that Empire was closing.”
During the meeting, Lofaro said he was “happy” the Empire Billiards “problem is resolved.”
“We’re not happy when any business is out of business but this particular business was in violation of village codes,” he said.
He said the village board was seeking a meeting with the owner of the former Empire location at 1215 Jericho Turnpike to discuss his plans for a new business tenant. Lofaro said he was hoping for a business that would be an “appropriate use” for the village.
In other developments:
• Village Clerk Cathryn Hillman said the village has submitted $651,000 in claims for reimbursement to the Federal Emergency Management Agency related to Hurricane Sandy. Lofaro said the village expected to receive $586,000 from FEMA and $32,000 in reimbursement from the state.
• The village board heard an application for a special-use permit from Jainy Thomas for an English language school she wants to establish at 235 Jericho Turnpike. Thomas, an English teacher at Nassau Community College, said the school would offer classes to high school and college students to improve their skills for SAT tests and writing essays.
The board referred the application to the county Planning Commission for review.
• Lofaro said the recent installation of a new roof on Marcus Christ Hall cost $625,000. He said the village had secured a grant through state Assemblyman Thomas McKevitt (R- A.D. 17) for $6,245.
• The next outdoor concert in Memorial Park features a musical group called “Stages” on July 24 at 7 p.m.
