Noise complaints prompt possible revisions to law

By JESSICA D’AMICO
Staff Writer

Noise complaints generated by a borough business have prompted the Metuechen Borough Council to consider revising the town’s noise ordinance.

“This has been ongoing for several years,” Councilwoman Dorothy Rasmussen said of the noise coming from The Brown Stone bar and restaurant evoking complaints from nearby residents. “This didn’t just happen.”

Located at 932 Middlesex Ave., The Brown Stone has an outdoor area where events are hosted in the warmer weather. According to Rasmussen, residents from Edith and Connor avenues have voiced displeasure with music from the entertainment venue reaching their homes.

“People contact me, and I feel it’s my obligation to help them,” she said.

In seeking to do so, Rasmussen reached out to county officials to request that they measure the decibels coming from the site during outdoor events, she said at the Sept. 8 council meeting. Because the borough’s noise ordinance is not in line with county standards, however, officials from the county are unable to help, Rasmussen added.

Borough Administrator Jennifer Maier said she is working with Borough Attorney Denis Murphy to revise the borough’s noise ordinance.

“And this way, we can get the services that our residents deserve,” Rasmussen said.

Maier said after the meeting that the county Health Department recommended that the borough adopt something close to the noise ordinance drafted by Rutgers University.

Even after Metuchen’s ordinance is brought up to par, however, borough officials would still have to make an appointment with the county to have someone come out with a decibel meter, according to Rasmussen.

Having to plan ahead for the noise measurements may make it difficult to address the problem, as officials have said noise from The Brown Stone can be unpredictable.

Edith Avenue resident Alex Hirschenfang came forward about the issue at the July 20 council meeting, when The Brown Stone’s liquor license was up for renewal.

While acknowledging that The Brown Stone’s new owner, Mike Anastasi, has been largely responsive to complaints, Hirschenfang also sought to find a solution for times when Anastasi is unavailable to abate the loud music emanating from the bar.

“Mike has been responsive, more so as the summer has progressed, and I’m hoping we can continue to keep things going as far as communications, but we just wanted to remind all of you that it does still happen sporadically, and all we can do is throw our hands in the air and feel a little helpless when it does,” Hirschenfang told the council.

Mayor Thomas Vahalla and council members assured Hirschenfang that they were taking steps to alleviate the problem, enlisting help from borough police officers and the county Health Department. The council voted at that meeting to approve the license renewal for The Brown Stone, with several special conditions. Among them were that any music in the outdoor area there must stop as of 10 p.m., and that the doors to the establishment must be kept shut after that time to keep any noise inside. In addition, the speakers used for outdoor music there must be positioned to face Route 287.

At the Aug. 17 council meeting, Council President Ron Grayzel voiced displeasure with a large-scale event held at The Brown Stone the day before. He said officials’ attention was drawn there because police were alerted that the facility received a threat, which was later found to be false.

“They were running a major event — an event which, in my judgment, would have required applying for a permit under our event ordinance, which they did not obtain,” Grayzel said. “There were enormous numbers of people going to this event. Fortunately, we had no major incidents, no major complaints.”

Still, Grayzel said it was disappointing to have such an event after Anastasi had told the council that he was looking to make The Brown Stone more of a family restaurant than an entertainment venue. He added that without some sort of explanation, he would not vote to approve the liquor license renewal for The Brown Stone next year.

Vahalla echoed Grayzel’s displeasure with The Brown Stone.

“The thing that bothers me is that they park cars at Bridgepointe [a nearby office complex], and I don’t think they have any legal ability to do that,” Vahalla said. “It seems to be, we hear one story here, and then Jennifer [Maier] or I get text messages or complaints, and I fully understand what the public in that area is going through.”

Regarding the parking issue, Maier said officials are looking at shared parking agreements in the downtown, but The Brown Stone doesn’t have one in place.

“They’re just sort of doing it on their own,” she said.

Anastasi, who also owns the Metuchen Diner with his brothers Gus and Pete, said in a Sept. 21 interview that he had alerted the council about the two remaining outdoor events of the season, which included the Aug. 16 event, during his July 20 licensing hearing. He also pointed out that the Aug. 16 event had no live music or DJ. In addition, he said, he canceled an event set for Sept. 6.

“I cannot do those kinds of events,” Anastasi said. “It costs me good business, but I cannot argue with the neighbors and the town so I refuse to accept those kinds of events, and it’s very costly to me.”

Anastasi also said he always complies with the 10 p.m. deadline for music outside, but he still receives noise complaints for music played in the afternoons.

Still, Anastasi said he has had no incidents at the business since he took the reins in April, so he feels uncertain about what other steps to take to be considered a good neighbor.

“I’m trying to be a good asset to the town; I’m not trying to be a troublemaker,” he said.

Both Maier and Cosenza acknowledged that Anastasi has been working to address complaints at his business.

“The new owner is trying to fix all those problems, and is working with the police,” Cosenza said.

Maier added that Anastasi indicated that he would avoid such large-scale events going forward.

“I think what’s going to really help is having continued dialog with the owners there, that if they want to be good neighbors there, they need to comply,” Rasmussen said.