Bar owner plans to sue over noise law

NEWSTEAD, N.Y. (WIVB) – There is now officially a noise ordinance in the Town of Newstead and the owner of a local bar says he plans to sue.

From 9:00 a.m. until 11:00 p.m., noise can be no louder than 80 decibels from the complainer’s line. Overnight, it’s reduced to 65 decibels.

The noise ordinance was passed in response to the music played at Braun’s Concert Cove. The concerts anger residents at the senior mobile home park, Quarry Hills.

Braun’s Concert Cove owner put up a dome at the town’s request to try to block some of the noise from the senior community. But it wasn’t enough to solve the problem.

Back in March, there was a public hearing on the issue. A few weeks later it was up for a vote. But after Councilwoman Mary Beth Whiting abstained because she was newly elected, the result was a tie.

Recently she told the town supervisor she was ready to vote after doing some research. She cited noise ordinances in other communities as well as hearing from residents that made her vote for the noise ordinance.

Ray Braun, owner of the concert venue, says this will put him out of business.

“Two and a half years of my time, my money, doing things to make them the way they wanted. They wanted some of the stuff that was done here. They wanted a wall, they wanted a parking lot, they wanted the driveway, they wanted everything done over there. We did it the way they wanted. There has to be a lawsuit. I am not going to lose my money,” said Braun.

Thousands of people are drawn to the concert venue, where some big names, like Florida Georgia Line, Brett Michaels, and Rodney Atkins, have played.

Braun says he’s tried to work with the town to keep nearby residents happy. That’s meant shutting down the concerts at 11 p.m., moving the stage to try to keep down the noise, and when that wasn’t enough he built a half a million dollar dome last summer.

Despite these changes, residents at Quarry Hills said it wasn’t enough. They are pleased the noise ordinance passed.

“I’m very happy, yes, because our noise in our house was beating us to death, I can tell you,” said Willis Utter, a Quarry Hills resident.

Braun will be able to host concerts he already has contracts for. Otherwise, the noise ordinance will take effect immediately.

Newstead Town Supervisor David Cummings said, “We don’t want to run anybody out of business, we just want to work with them but have some laws in place where they can run their business and residents nearby can also enjoy their days and evenings.”

The Town of Amherst recently passed a noise ordinance with similar sound levels. From 11 p.m. until 7 a.m. loud speakers can’t be used in fast food drive thrus. Customers have to order at the window.

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