2010-08-13 / Letters

Beach Machinery Noise A Nuisance

The following letter was written to Liam Kavanagh, the operations director for the city’s Department of Parks.

Dear Editor,

Mr. Kavanagh, I am writing to place you on notice that, since your letter of July 16, 2010 replying to my 311 complaint that the beach cleaning machine beepers were set at maximum volume in excess of 100 decibels, the crews have lowered the volume of the beepers as required by federal and local laws. However, whether as retaliation for my 311 call or simply because the crews don’t give a damn about the residents, I have since had a daily 6 a.m. “up close and personal” visit at my home. I find it impossible to believe that it is a coincidence that the crew is at my home at 6 a.m. every day, making excessive noise without using the beeper.

I do not need or want another apology from the Parks Department. I have researched the law and do not see any noise nuisance exemption for the NYC Parks Department as to the hours during which machinery can be operated except for emergencies.

Please provide me with the legal basis for the Parks Department to have heavy machinery operating at 6 a.m. every day in close proximity to residences or immediately cease and desist creating an unlawful noise nuisance in violation of applicable laws.

The foregoing is not a complete statement of my and others’ rights and remedies, all of which are expressly reserved.

HOWARD SIROTA

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