After a yearlong inquiry into the noise levels at Swifty’s Restaurant and Pub during its live music night, the town has determined the volume is not unreasonably loud.
According to Building Inspector Justin Harbinger, the town had received a number of complaints in 2014. Last summer, the town began the process of measuring the noise levels during live music nights.
“The noise ordinance states that unreasonable noise is not allowed, but who determines that?” said Harbinger. “Apparently, that’s me. On this case, we sent out myself and another person on three occasions to measure and try to get some hard data.”
According to the town code, unreasonable noise is “Any sound that is unreasonably loud, disturbing, and unnecessary, and of such level and duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property by a reasonable person of normal sensibilities within the Town of Bethlehem.” Restricted hours are also between 11 p.m. and 7 a.m.
With a device to measure decibels, the department picked different locations to obtain readings, mostly around the areas where complaints coming. They also went only three different nights, one with no live music as a base, one with amplified acoustic music and a night with electric, amplified music. The last reading was on July 18.
Harbinger said the readings were all fairly similar. They started with a base in the parking lot of Delmar Marketplace, where it was assumed would be the loudest. That ranged on acoustic night between 60-62 decibels, no music 5-60 decibels and then on the night with an electric band, the level was 60-70 decibels. Most noise charts have those levels listed for typical ambient noise for a town.
In residential areas, the levels ranged between 40-50 decibels. Prohibited unreasonable noise under the town code is listed as, “Any noise which, when measured by a sound level meter at the property line of the parcel from which it is emanating or at a distance of 20 feet if it is emanating from something or someone on a street, is in excess of 65 dBA between the hours of 11:00 p.m. and 7:00 a.m. the following day.”
All live music at Swifty’s ends at 11 p.m.
“We did this in all fairness to both parties involved,” said Harbinger. “The neighbors deserve a peaceful night sleep. And in fairness for Swifty’s, they have the right to host music within reason. The numbers I have to base my decision on was what the meter produced.”
However, many neighbors who have complained over the last two years are not happy with the decision.
Bernie Tansey, who lives at the corner of Adams and North Street, said the music started two years ago and has been getting progressively more annoying. He said the music is usually on Thursday and Saturday nights, and it was getting hard to sleep.
“I deem the music as cacophony,” said Tansey. “We went to the town last year and have been in touch by phone and e-mail throughout the season. This past week, they did do decibel readings and deemed it not loud enough according to town ordinance. However, the music isn’t right for a quiet neighborhood such as here. It’s not what we moved here for and not what we expected. We don’t find them to be a good neighbor.”
He said many neighbors either have to get up in the morning or have young children who have to go to bed early.
“If they want to have music, fine. Don’t share it with people half a mile a way,” said Tansey. “I’m not interested in sharing their taste of music. I like to sit out on my balcony and read a book. They have disrupted my life on the nights they have entertainment. I like to go to bed early. I’m 66 years old.”
Other neighbors shared the sentiment.
Joseph Duclos, of North Street, and Daniel Mehlman, of Hudson Avenue, both thought the law was too vague and subjective. They have both lived in their homes for more than 20 years.
“The building department has been cooperative, and they’ve tried to be helpful,” said Mehlman. “It’s not a violation according to decibel, and that’s not surprising, but if enough people complain, it’s unreasonable.”
Tansey said if other neighbors are having the same problem, they should call they town. It’s the only way the town will possible change the code.
“We just wanted to respect everyone’s rights,” said Harbinger. “It’s a tough spot, but a decision had to be made.”
Swifty’s owner Dave Swift coud not be reached despite numerous calls.
