The Town of Newstead is responding to an abundance of complaints against noisy music played at Braun’s Concert Cove by cracking down on electronically generated and amplified noise.
The town’s move to revamp an old noise ordinance that did not address how loud electronic noise can be is pleasing some, particularly residents of nearby Quarry Hill Estates, a senior mobile home park.
But it is not making Ray Braun, owner of the concert venue, happy. Braun put up a $500,000 dome last summer at the town’s request to try to lower the volume for the senior community – but some said that wasn’t enough to resolve the problem.
Through Braun’s Bar & Grill’s Facebook page on Tuesday, Braun reiterated his intention to sue the town for damages over the legislation, saying it will crush his business.
The Facebook post said he had done everything the town told him to do and now the business is out money and appears to be in its final year.
Braun did not return a phone call Tuesday from The Buffalo News.
Supervisor David L. Cummings said the town had no choice but to address the noise complaints about Braun’s, but noted that the measure has implications for other businesses in the town that play music, such as golf courses.
“We have had complaints for years, several from Quarry Hills and also recently from other areas,” Cummings said, citing residents living in the area of Barnum, Howe and Clarence Center roads who have been upset with the noise. “(Braun) happened to be the focal point. I cannot deny that.”
Cummings added, “I think it’s fair and reasonable, and it’s something we had to address at this time. I think it’s best for our community. I think in working together, I think we can make both camps happy, and that’s tough to do.”
The new ordinance, which takes effect immediately, sets the noise limit at 80 decibels from 9 a.m. to 11 p.m., and no more than 65 decibels from 11 p.m. to 9 a.m.
The town’s code enforcement officer, state police and Erie County Sheriff’s Office will help enforce the ordinance. Penalties range from fines of $250 to $500 maximum and/or jail of up to 15 days, if violators are convicted.
Nearly 75 people attended Monday night’s Town Board meeting, where the board adopted the new ordinance in a 4-to-1 vote, with Councilman Justin M. Rooney casting the sole opposing vote.
Cummings said that Braun could apply for an “exception” to the ordinance for certain concerts. “We’re willing to work with him,” he said.