Noise complaint over Bagel Hut’s HVAC system addressed at Village of Great Neck board meeting – Great Neck News
A noise complaint related to Bagel Hut’s HVAC systems, located at 503 Middle Neck Road, was aired Tuesday night at the Great Neck Village Board of Trustees meeting.
dr. Carl Abraham said he and other residents of Baker Hill Road, along with some on Berkshire Road and Margot Place — all behind the store and rear HVAC systems — have been dealing with the excessive noise for years. Abraham said the noise has made bringing guests to the backyard a big problem.
“It’s so noisy in the afternoon, it’s like a train that goes on endlessly,” Abraham said. “We’ve all been experiencing this for many, many years… The sound is loud. It’s unfair to all of us.”
Abraham said a certified sound level meter measures HVAC noise in the vicinity of 60 decibels, which would exceed a 35 decibel limit, as set forth in a 1999 violation notice for a neighboring property at 505-507 Middle Neck Road.
According to a subsection of the village code“Any other noise of such nature, intensity and duration as to be injurious to the life or health of a reasonable person with normal sensitivities or contrary to the common good is prohibited.”
Abraham claimed that the HVAC systems, which were located on the back first floor of the building, were installed incorrectly and without the necessary certifications. The only way to fix the problem, he said, would be for the village to demand that the HVAC systems be removed and installed correctly, rather than fines and penalties.
“They ignore the violations, they ignore the warnings. They don’t care, they’d rather pay the fines,” he said. “A fine is not what we are looking for. What we are looking for is a correction so that we can live in peace without any noise.”
Stephen Haramis, the building manager for the village, said he had spoken to the shop owner earlier and explained that someone had to go outside to clear the noise or the systems would have to be moved. The owner said it would be done but nothing has been fixed since then.
Haramis said notices of violations had been filed earlier, followed by a subpoena sent to Bagel Hut before a court on Aug. 11. Haramis also said it is unclear whether the HVAC systems were installed without proper certifications.
Village attorney Peter Bee said that if the structure requires a permit or certificate and does not have it, along with failing to respond to the court subpoenas, the board could take action and allow Bee to request an injunction to settle the matter. put.
“The potential remedy is a court order action against the owner obliging him to reinstate the violation rather than just punish him for allowing it to continue,” Bee said.
Abraham said he believes this would be the best course of action, but acknowledged that he and other residents want the situation rectified without harming the business.
“They’re nice people, I don’t want to do anything to hurt them,” Abraham said. “I have a nice backyard, I have everything I need there and I can’t use it. We can’t sit back there and people next to me are constantly complaining.”
“I think this has been going on for a little too long,” Mayor Pedram Bral said. “As for power, with the new [HVA] machines… it is a lot more efficient.”
Attempts to reach Bagel Hut and its owner Steven Menist for comment on the matter were unsuccessful.