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Businesses feud over Main Street music

By Colin DeVries

CATSKILL — Parisian cafes once served as beacons of contentment on hectic thoroughfares, the soft romantic chanson harmonies imbuing a renewed spirit into patrons and passersby.

This is a sensation that business owner David Miles has hoped to emulate right here on Main Street. By affixing a speaker atop the roof his shop, Hood & Company, he thought some musical influence would transform a drab saunter through the heart of Catskill into a delightful stroll.

“I have put a lot of energy into our community,” Miles said. “I do everything I can do to better the community and the whole of Catskill.”

Unfortunately, music playing continuously throughout the day has not been the neighboring real estate agency’s idea of a good time.

“Right now they have it on the top of their roof and it is coming into our office on an ongoing basis,” said Gary DiMauro, owner of Gary DiMauro Real Estate, Inc., before the village board of trustees Monday. “I’m just asking for some relief, perhaps some guidance as to how we can address this.”

Since day one of settling into the location at 434 Main Street, the music from Hood & Company has been loud and clear.

Negotiations between businessmen have been bittersweet, at best.

Miles has provided some relief to DiMauro by relocating both speakers to the opposite side of the roof. That did nothing to relieve the associates of the real estate office of their great American songbook headache.

The current ordinance that the village has in place to address noise violations states that “noise from any sound reproduction system, operating or playing any radio, portable radio or tape player, television, tape deck or similar device that reproduces or amplifies sound in such a manner as to be heard 60 feet from it’s source or over any property line.”

DiMauro feels that the projection of music from the Hood & Company rooftop violates that statute and should be addressed.

“I certainty would be happy with a compromise,” said DiMauro, ”but short of a compromise I just don’t feel why this owner should be allowed to flirt with violating the law. It certainty violates the spirit of the law if nothing else.”

DiMauro added that, while he would like to see the music cease entirely, he would be willing to compromise if the speakers are removed from the roof.

Miles said that if he were to remove the speakers from the roof the cost to run new wiring would be undue.

A letter was sent to the village board by Miles to consider an amendment to the ordinance, allowing businesses in a commercially zoned area to be an exception between the hours of 9 a.m. and 10 p.m., and not to exceed being heard 100 feet from it’s source.

“All I wanna do is run my business,” he said. “If the village wants me to turn off my music, I will... This is not just an issue between me and (DiMauro), but also an issue of fairness.”

If the music required to be shut off, Miles said that he expects the same out of other businesses which play outdoor music. A few include La Conca D’Oro, Bell’s Cafe, and Wasana’s Thai Restaurant.

Not all neighboring businesses are annoyed by the tunes from the home furnishings shop, however. Rich Wagoner, of Thereforever Tattoos at 430 Main Street, said he enjoys it.

“When I come outside for a break I like hearing something different than in the shop,” he said. “It’s very seldom loud enough that it’s obnoxious.”

While the pleasing sounds continue to appease patrons, the music still continues to irritate those of the real estate agency.

“I have to stop this and I’m willing to spend legal money to stop it,” DiMauro said.

“He’s been dealing with this for a year,” said Village Trustee Patrick McCulloch. “Enough is enough.”

No recommendations have yet be made to amend the noise ordinance, according to Seeley.

“We’re going to continue to review the appropriateness of the law as written,” he added.

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