2011-11-18 / Top Stories

Neighbor’s Mind Numbing Noise Fight

By Nicholas Briano

A view of the truck parked at Bulloch’s Service Station from O’Connor’s home. A view of the truck parked at Bulloch’s Service Station from O’Connor’s home. For years Bulloch’s Service and gas station on Beach 129 Street has allowed refrigerated commercial trucks to use its electricity during overnight hours to keep perishables on the truck cold.

But at least one neighbor’s recent complaints about the truck and the constant noise it emits all night, is causing a stir.

According to Beach 130 Street resident James O’Connor, whose backyard borders Bulloch’s station, the “mindnumbing” noise can no longer be tolerated.

He says that a Boar’s Head Provisions truck parks for most of the nighttime hours each night and all weekend long, its cooling compressor running on the electricity provided by the gas station, rather than its own gasoline engine.

When the truck’s compressor is running, O’Connor says, he and his family have a hard time falling asleep at night and can’t even host anyone in his backyard because of the noise nuisance.

“It’s been several years since I began dealing with this,” 26-year resident O’Connor said. “Before that it was an ice cream truck with the same type of problem. I can’t use my yard. The compressor is running for hours at a time. During the day it’s one thing, but when the street noise dies down at night, it’s real bad.”

O’Connor says he’s been trying for weeks to get in touch with the owner of the truck, but has had no luck.

“Keep in mind that the truck is parked there every night and is parked there on Friday evening and not moved again until early Monday morning,” O’Connor said. “During good weather my family and I are not able to enjoy our backyard and are embarrassed to have company over to our house because of the noise.”

The owner of the truck, Cosmo Cimino, insists it’s really not that loud at all. In fact, he’s says O’Connor is the only one complaining about it. The only occasion where there was excessive noise that Cimino can recall is sometime last year when the truck’s electrical system failed and he had to keep the food cold with a diesel generator for two days. He says he apologized then and got the truck fixed as soon as possible.

More recently, Cimino responded to a request made through 311 for the compressor noise and agreed to have the truck serviced for any problems with the refrigeration system. According to Cimino, nothing was wrong with the truck and the compressors worked fine. He had the truck tuned up and is again parking it at the station.

“I am a neighborhood guy. I’m not trying to cause any problems, but this guy is harassing me now. I know it’s not that loud at all because when I drive down Beach 129 Street at night with my windows down, I barely hear it,” says Cimino.

Tommy Bulloch of Bulloch’s service station wouldn’t say if Cimino pays for the right to park the truck there, but admitted that no one has ever told him about any problem associated with the noise. When asked if the station would be interested in meeting with O’Connor, he said, “Sure tell him to come to me and talk about it. If it’s the same gentleman that called 311, the cops came down here already and spoke to the truck owner and I believe he put the truck in for service.”

“I’m not a bad guy if someone has a problem I will try and take care of it,” he continued.

O’Connor says that he’s done trying to negotiate with Bulloch’s.

“I have spoken to Tommy’s father in the past and it didn’t go well. I never reached back out to him because I didn’t want to escalate things.”

Councilmember Ulrich’s office says they are looking into the matter. They have reached out to the New York City Department of Environmental Protection to come out to the station and take a noise sample to determine if the truck is exceeding acceptable levels. If so, the truck and gas station owner may be responsible for any fines associated with the noise if not immediately addressed.

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