Farmingdale Village Decides On Noise Ordinance For Rest Of 2023

FARMINGDALE, NY — Amid discussions of amending its noise code, Farmingdale Village plans to stand pat for 2023, Brian Harty, the village administrator, told Patch.

The village will enforce its existing noise ordinance for "at least the rest of summer" and "go through fall," Harty said, adding that noise becomes less of a concern in the winter because of a lack of outdoor dining.

"We’ll keep reviewing it and make changes as necessary moving forward," Harty said. "We’re hopeful we get really good cooperation from the businesses on Main Street so that the residents who surround the business district are satisfied as well."

It would be mid-summer by the time any changes could be made to the code because of the approval process from New York state, Harty said.

"So rather than change horses in mid-stream, the board decided to just enforce the existing code as it's written," he said. "It's pretty clear to the merchants what their responsibilities are."

Potential changes to the noise code discussed were an annual permit required for any business to play music; shops shutting doors and windows if music was played past 9 p.m.; and fines for violations, according to a village document.

Permits allow outdoor music from 10 a.m. to 9 p.m. Thursdays through Saturdays; and on Sunday, music is limited to acoustic from 10 a.m. to 6 p.m., according to the code.

Joe Fortuna, co-owner of The Nutty Irishman and 317 Main Street, said he would like the allowed time on outdoor music extended from 9 p.m. to 10 p.m. on Fridays and Saturdays.

"I think it would be beneficial for Main Street," Fortuna said.

Fortuna opened Nutty Offshore, an outdoor biergarten, behind The Nutty Irishman in spring 2022. Live music is hosted in the outdoor courtyard. Fortuna constructed a wooden fence, trees, a canopy over the stage, and does not allow subwoofers for outdoor bands. Fortuna also uses a decibel meter on his phone and measures the sound from live bands, ensuring no performers go above 70 decibels.

"We take all these steps to not be intrusive to our neighbors," he said.

Joe Garcia, president of the Farmingdale Chamber of Commerce, called the noise ordinance a "balancing act" between village residents, business owners, and people who enjoy going to Main Street.

"We are seeing the balancing act play out, and I expect the village will do its best to make it work for everyone," Garcia said.

Mediating noise concerns between business owners and nearby residents is "certainly worth the effort" of keeping outdoor music because of the "tremendous investment" in the village, Harty said.

"The investment has made us a destination village," he said. "It has had a tremendous impact on the value of real estate surrounding the business district and the village as a whole."

Harty pointed to the Farmingdale School District's decision to build a sports complex and swimming facility near Howitt Middle School as proof of the village downtown's renaissance.

"The showcase they put up with the new swim center and athletic fields were chosen to be done in the village, in part, because of the success of the downtown," he said.

While the noise code will remain status quo for the coming months, Harty said he wishes residents and merchants well.

"I hope they have a happy and safe summer," he said.