Tag Archives: noise

NY SLA Denies Outdoor Beer & Wine Permit To Earl’s Beer and Cheese!

#KeepResidentialBackyardsRESIDENTIAL

May 6, 2015

Short update, more to follow.

Late yesterday afternoon, the NY State Liquor Authority denied the application of Earl’s Beer and Cheese to serve beer and wine in their backyards, yards faced in by hundreds of residents in eleven walk-up buildings on the Western half of East 97th and 98th Streets, between Park and Lexington. That’s in the southern end of East Harlem. Or the northern end of the Upper East Side… aka us, 97-98 Lexington and Park Ave. Neighbors

(click to expand photo). Red arrows are all buildings with air-sound access to the proposed backyard beer joint.
(click to expand photo).
Red arrows are all buildings with air-sound access to the proposed backyard beer joint.

Towards the end of the NY SLA hearing, the attorney for Earl’s repeated previously-voiced threats that if they lost the hearing, the owner, Michael Cesari, will serve food-only in the backyards, 7 days a week.

In our humble opinion, given the overwhelming consensus of the SLA agreeing with the majority of the rear-window-facing neighbors who objected to Cesari (or anyone else!) doing any business in the residential backyards, Cesari will be doing this out of spite, and his customers should know about it.

Get ready… Continue reading NY SLA Denies Outdoor Beer & Wine Permit To Earl’s Beer and Cheese!

REVISED 05/06/15: Resident-Focused Policies For Backyard/Rooftop/Sidewalk Bars

REVISED 05/06/15 Resident-Focused Policies For Backyard/Rooftop/Sidewalk Bars

Attention CB11M, & CB11M Licenses & Permits Committee
re: revising the Application process for outdoor, sidewalk or rooftop bar & restaurant expansions.

This document is available as a PDF on request: contact 9798Lexpark@gmail.com

INTRODUCTION:
Community Board 11M’s Licensing & Permits Committee is in the midst of revising their application process for bars trying to open or expand into residential backyards & rooftops. They briefly discussed it at the last two meetings, & we are hoping to help them come up with new procedures ASAP, before any more blocks are disrupted by outdoor bars & restaurants that ruin the lives of those who live above & next to them.

Because the previous L&P Chairwoman recently moved to another Committee, last winters’ CB11M L&P meetings never had a chance to get started on

“a. Committee discussion on establishing a review procedures
ii. Liquor Licenses in rear yards & roof tops”

The new Chair has stated he is interested in the process but has not yet added the above to his agenda yet.

Our suggestions are at least partially due to the ongoing noise & friction raised during our community’s battle to stop Earl’s Beer & Cheese from expanding into 3 adjacent backyards. Visit WWW.9798LexPark.com for the details on that issue. We hope to avoid a repeat situation, similar to the contentious fights over Earls, where our block association had to attend 4 NY SA hearings before prevailing, & we pray that the Chair starts this review as soon a possible.

We are leaning very strongly to opposing all commercial & entertainment-type development in NYC residential backyards, with or without liquor, but in the interim, if these proposals are at least reviewed & taken into consideration and some are implemented, we are open to the CB’s serious revision of the process.

CURRENT SITUATION:
Currently the CB11M L&P committee requires a semi-detailed application, as well as posting on the door of the bar & “200 feet” from the establishment only SEVEN DAYS ahead of the hearing, & require “circulated petitions of support”; these latter vague & short-date requirements giving neighbors virtually no notice to find out the hours, details of operation (i.e., HOW LOUD, HOW LARGE ARE THE NEW CROWDS), to show their support or opposition, etc. And in the past, even that minimum posting requirement has been ignored.

Being grateful that the CB11M Licensing Committee has, on their own, suggested requiring more affected residents’ approval for future bar expansions, we have created a set of modest suggestions for how CB11M can revise their application process.

We hope this could become a city-wide issue to help both renters & residential property owners stop the noise & the lessening of the quality of life outside their rear windows, & on their street-side of their blocks as well.
Continue reading REVISED 05/06/15: Resident-Focused Policies For Backyard/Rooftop/Sidewalk Bars

WED OCT. 1, VIP, STOP SIXTY DRINKERS IN OUR BACKYARDS….We Need You To Do Just a Few Minutes More…

It’s confirmed that Earl’s is going for a capacity of SIXTY OUTDOOR CUSTOMERS stretched across THREE BACKYARDS, 1257, 1259 and 1261 Park Ave. (those neighbors who you spoke with who said “only a few people, no big deal”, get back to them now!)

See below after the pic for what else YOU can do today to help stop SIXTY hard drinking, chattering Earl’s customers from hanging outside THREE BUILDINGS’ WORTH OF BACKYARDS / outside your rear windows (and smoking outside your front windows) all hours of the day and night.

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Click on image above to enlarge: see which buildings will be affected by noisy drunks,kitchen odors, and cigarettes from Earl’s Beer and Cheese expanding in the backyard at 1259 Park Ave. (97th & 98th).

A/ If you are holding signed, hard copy petition pages with 1 or more signatures,  PLEASE either scan and email them to us, or fax them to us,  or reach out to us TODAY ASAP to meet so we can pick them up and make copies.

You can fax them to (877) 900-2360, email them to 9798lexpark@gmail.com or arrange pickup by phone at 929-286-1913.

B/ If you can and have not yet done so, please also SIGN ONLINE.

C/ If you are home today, please print our revised flyer and give it to your neighbors who haven’t signed, and hand it to people in the street.

D/ Before you come to the Community Board 11 Meeting tonight, WEDNESDAY, October 1, at 6 PM, please take a few moments and…

E/ Call or go online to 311 today (you can do it anonymously) and file, crowds, noise and/or cigarette nuisance complaints, and add to the complaints already filed over non-permitted renovations in the backyard.

F/ Email our local elected officials, including the Community Board, and politely clue them in on why Earl’s expansion should be opposed.

G/ Try and come early to the Community Board 11 Meeting, tonight at 6 PM. It’s a small space…. Some neighbors may be meeting at the NE corner of  98th and Park at 5:30 PM to share car service or a taxi.

And finally, check this for some inspiration….

See you tonight!

There’s Hope! “Long Island City restaurateurs hit roadblocks in bids for backyard seating…”

Long Island City restaurateurs hit roadblocks in bids for backyard seating

Two eatery owners say it’s nearly impossible to open up rear outdoor seating in the booming dining district.

BY LISA L. COLANGELO, MELISSA CHAN, NEW YORK DAILY NEWS, Monday, June 30, 2014, 2:00 AM

Sometimes good fences aren’t enough to make good neighbors.

A Long Island City restaurateur claims a “moratorium” on backyard gardens has taken a bite out of the booming dining district after his bid for outdoor seating was nixed twice.

“There’s a high demand in this area for nice dining options outside,” said Alobar owner Jeff Blath. “People love coming here for brunch, but on a nice day they want to sit outside. They just go somewhere else.”

Blath, 40, offered to install high fences, ban external audio speakers and close at 10 p.m. to get approval, but his bid has been rejected by Community Board 2 twice since 2010 due to noise complaints from residents.

“We look at everything on a case by case basis,” said Joseph Conley, who chairs the board and insisted no moratorium on backyard gardens exists. “There was uproar from his neighbors directly affected.”…

For full article click here.

And then come back and make sure you have the latest flyer and blank petitions, and get your neighbors to the Community Board 11 Meeting, Wednesday, October 1 at 6 PM. 1664 Park Avenue at 117th Street.

Do You Have Children or Someone Else In Your Home Whose Wellbeing Will Be Affected By The Expansion Of This Bar?

There’s no question about it. Almost everyone we talked to in the neighborhood these past 2 weeks dislikes Earl’s for the current street noise, and for the current cigarette smoking of Earl’s customers, who stand outside the bar, puffing away, completely oblivious as their smoke and chatter are wafting up to and into the windows of the apartments above  and around them.

butts

If the potential expansion of Earl’s into the adjoining backyard is approved, your entire sense of wellbeing as well as your sleep will be even more disrupted by the noise, cigarette, food, and beer odors coming from the additional bar customers in the backyard. And more customers in the backyard means more of Earl’s customers hanging out in the front on Park Avenue, with even more chatter and smoke billowing into the windows of the apartments above.

Who knows, maybe Earl’s will soon have a velvet rope-line with a doorman and a bouncer…and a fancy ashtray / concrete plant potter…

Back to reality:

If you have a newborn or infant who needs regular rest, or if you have school-age children whose ability to concentrate on their studies after school will be disrupted by the noise in the backyard, and who will not be able to get a good, quiet, restful, full nights sleep from the noise and smells coming in their windows from the bar in the backyard, we need to hear from you.

If you or someone living with you is pregnant, or is being treated for high blood pressure, stress, or other ailments where a lack of regular, uninterrupted rest and peace and quiet could affect your or their health, we need to hear from you.

If you know a neighbor who fits the above description, PLEASE show them this page and please have them get in touch with us ASAP.

We can be  reached at 9798lexpark@gmail.com or by phone at 929-286-1913.

Don’t delay. The Community Board 11 meeting to approve or disapprove the expansion of this bar is TUESDAY, OCTOBER 21.

We need to hear from you now, especially if you have children and/or health concerns.

We need your signatures on the online petitions and on the hard copy petitions.

And we need you to know if you can show up at the Community Board Meeting.  

If you have specific quality of life and/or health issues that will be affected by this bar expanding intruding into the shared air of our backyards, please contact us 9798lexpark@gmail.com or by phone at 929-286-1913.

Sincerely,

Your 97-98 Lex & Park Neighbors.

UPDATED: Sign the Petition: Plan To Attend Community Board 11’s OCTOBER 1st Meeting: Stop Noisy Bars From Expanding Into Our Backyards.

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Click on image above to enlarge: see which buildings will be affected by noisy drunks, kitchen odors, and cigarettes from Earl’s Beer and Cheese expanding in the backyard at 1259 Park Ave. (97th & 98th).

“BREAKING NEWS” Community Board 11  has advised us that Earl’s has withdrawn their application (to expand into the backyard at 1259 Park Avenue) from the September 3rd meeting, and that they plan to re–present it WEDNESDAY, October 1, at 6 PM.

WithdrawnSept(Click on image above to enlarge)
97-98 LexPark Neighbors still need to sign the Petitions, AND be prepared for Wednesday October 1 at 6 PM to attend the October meeting at Community Board 11, 1664 Park Avenue, between 117th and 118th Streetsto oppose the expansion of Earl’s Beer and Cheese into the backyard behind 1259 Park Avenue, between 97th and 98th Streets.
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VIP: Please call or email us with contact info or a phone number in case the Community Board meeting location is changed due to extra attendance!
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Even if you do not live in or immediately adjacent to 1259 Park, YOUR BUILDING WILL BE EXPOSED TO THE NOISE, cooking smells and cigarette smoke; and if this bar is allowed to expand, our 97-98 Lexington/Park Avenue neighborhood will turn into a haven for loud, late night bars with crowds and noise.

Don’t we have enough noise from the ambulances, the buses stacked up on Park Avenue, and the cross-town traffic across 97th Street? Do we have to stay up all night listening to people “partying” till 2 AM every night?

Click on this link and listen to how loud it is at Earl’s with only a handful of customers

Community Board 11 can refuse permission for the expansion, if they hear from enough neighbors whose quality of life will be heavily diminished by the noise, cigarette smoke, and the rowdy crowds that this bar expansion will bring.

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Earls Beer & Cheese LLC d/b/a Earl’s Beer & Cheese. Alteration of existing partial liquor license (#1270518) at 1259 Park Avenue to include outdoor seating.

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Are you excited about a beer joint in the backyard adjacent to your bedroom windows?

Are you looking forward to hearing intoxicated people shouting and laughing outside your windows, blasting music and cigarette smoke? Impatient to hear the clinking and clamor of beer bottles and glasses all through the night, as you try and rest from your stressful job, or as you or your kids try and study for an exam?

Re the photo above, the red arrows show you the 13 buildings whose rear apartments either surround the backyard or are adjacent and share horizontal air and noise exposure with it. Over a dozen buildings with hundreds of neighbors in rear-apartments face ether directly into the above yard, or their rear yards abut and share the air (and sights, sounds and smells) with Earl’s proposed backyard bar expansion.

Add in the high rise at 1510 Lexington, hundreds more neighbors will be within a few hundred feet of the shared airspace leading to the expanded outdoor bar, with the noise echoing through the narrow canyon of the backs of those brick and masonry buildings. FYI, they have already started gutting the backyard and changing the grade without any building permits, showing their contempt for their neighbors’ safety, and for the law… Not a good sign of their future conduct.

Talk to your neighbors tonight and tomorrow, and have them sign the online and hard copy petitions as soon as possible.

Prepare your neighbors to come to the CB meeting in early October (sign up for email alerts and check back for the exact date) and say “NO” to turning our block into a mecca for beer joints and singles bars.

Remember, even if you don’t live directly on top of or adjacent to 1259 Park, if we don’t stop this one, the next one could be directly under your window.

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If you want to maintain some semblance of residential peace and quiet in this neighborhood, please sign up bellow for email alerts on this and other issues relevant for those who live and/or work in or around 97th and 98th Street, Park to Lexington Avenues. (we will NEVER sell or give away your contact info).