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Thursday, July 19, 2001

Bistro owners hit with more noise violations

By JIM AUSTIN
Editor

The owners of the boisterous Hoffman Lane Bistro racked up another three violations of the village noise ordinance in a four-day period beginning last Thursday and Monday night the village board listened to complaints about the establishment from neighbors.

There have been persistent problems with noise from the Bistro, according to Village Police Chief Michael Crippen. Complaints from neighbors resulted in officers issuing numerous warnings to the two owners, but recently police gave up on the warnings and began writing tickets.

The fourth ticket was issued to David Neil at ten minutes before midnight on Thursday, July 12, and according to the police log, another complaint was received by the department less than an hour later at 12:45 a.m. That complaint did not result in another ticket being issued.

But Friday was another day, another complaint and another ticket. This one went to co-owner Mark Lowenguth, again for a violation of the village noise ordinance. Police also issued a warning that if they had to return because of another complaint that night, they would charge the members of the band with a violation.

Saturday night came and so did a complaint, but no ticket was issued because, according to the log, patrols had made several passes down Hoffman Lane that evening and it was quiet on the patio.

Sunday night all was well until 20 minutes past midnight when another complaint was lodged and a ticket issued to David Neil. The latest violation bumps the number issued to half a dozen.

Crippen said the pair had already appeared in village court to answer the first two violations and entered pleas of not guilty.

The police department is also making referrals to the New York State Liquor Authority because the Bistro is licensed to sell alcoholic beverages on the premises, the police chief said.

Paula and Terry Wikoff, who operate an inn on Hoffman Lane next to the Bistro, attended Monday night's board of trustees meeting and played a short video for the board that was recorded during one recent late night's merriment to give them an idea of what they have been complaining about.

The Wikoffs said they have spoken to the Bistro owners and asked them to quiet things down after 11 p.m., but had not been successful at solving the problem.

The Wikoff's are concerned about the negative impact the noise is having on their business. "The reputation of my place will be ruined in one summer," said Paula Wikoff.

She said that last summer it was like living on Bourbon Street. They called police about the noise, but never signed a complaint. When the Bistro went to the planning board this winter to get approval for their expansion to provide room for bands, Wikoff said they went to the village and expressed concerns about potential noise problems.

According to the couple, they asked the village planning board to require the bistro owners to install soundproofing in the building to reduce the likelihood there would a problem because the two buildings are packed very tightly together.

Mayor Wendell Tripp said he was sympathetic to their plight, but that village had to operate within the law. The village's noise ordinance addresses amplified sound, but only that coming from speakers mounted on the exterior of a building, not amplified sound emanating from within a building.

The board had looked at the possibility of changing the law, but never did, in part because of concerns that with out setting a decibel level for the sound, it would difficult to enforce.

Tripp said the law could be reviewed again and that he would be happy to meet with the Wikoffs and the Police Committee. "I don't know what the answer is," he said.

Trustee Stu Taugher, chairman of the Police Committee, said he will speak with the village attorney and also investigate if the liquor authority has standards for the operation of establishments serving alcoholic beverages which might be applied to solve the ongoing problem.

But Tuesday, David Neil said he and his partner are just trying to bring "music, culture and fun to Cooperstown. We're not trying to ruin anyone's business."

Neil said he doesn't fault the police who are doing a great job. "They're caught in the middle of a Hatfield and McCoy battle," he said.

When the Bistro put on the addition they did talk to the Wikoff's and agreed to and did install soundproofing in the walls, he said. "We did everything we possibly could to appease them. They signed off on the plans," he said.

Several people who have been guests at the Wikoff's inn have come to the Bistro and told the owners how much they enjoyed it. "We believe the trouble is stemming from the Wikoff's and not their guests," he said. "There is one neighbor that is complaining. If there were others we would understand we had a problem. At this point no one else is complaining."

Part of the problem, he believes, is that the Wikoff's may have an unrealistic expectation about the Hoffman Lane area. "We are zoned commercial. They moved into a commercially zoned area. This is not Lakeland Shores or Nelson Avenue," Neil said.

Patrons at the Bistro have rallied around the nightspot, he said, by the fact that more than 250 of them signed a letter of support. "We are just two guys trying to make a living. We don't want this problem. We're just trying to create an environment where people can have some fun in a responsible way."

Wednesday morning, Chief Crippen said that the Wikoffs were not the only ones who had registered complaints about noise from the Bistro.

Lowenguth and Neil will appear in village court at a later date to answer the most recent charges.

 
 
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