Fenway Golf Club Orders Resident to "Cease and Desist" His Noise Complaints

A new noise ordinance was passed at Village Hall on Tuesday July 11 – but the timing was too late to save a local resident from legal action.

According to Jeffrey Singer of Hazelton Drive, ever since the Fenway Golf Club did a renovation and moved their parties to a tent the noise from weekend events has been a nuisance.

After numerous calls to the Village, Singer was advised to call the police whenever the noise was too loud, which he did. Police would regularly come to his house and then proceed to the club to ask them to turn down the volume.

However two weeks ago he was shocked to receive a strongly worded cease and desist order via certified mail from Fenway Golf Club. It accused the Singers of using the police force to harass and harangue the members of the club and the people who were paying for their parties to have their night ruined. The complaint said, “We are a potential threat to their revenues,” and if they continued to call the police the club would “initiate further action against us.”

Singer said he called the Village but did not hear back from Village Manager Rob Cole over the year that he has brought this up. Mr. Ward Willis told singer that he was the counsel for the village but not for the Singers, and “that I would need to lawyer up.” Singer said, “I was hoping there would be a resolution soon. That was massively disappointing. I followed the Village’s advice and was left twisting in the wind by the Village. I have spent half my life here because I like it. It was never about decibels. I know about sound engineering… It bothers us a lot. I have lived in harmony with this country club for three decades. It is only when they pivoted to outdoors. They could just move the parties back indoors where they always were and where they belong.”

(Ward Willis said that Mr. Cole got back to Singer on June 28, 2023.)

Later at the meeting, Trustees passed a new noise ordinance that has been discussed for two years. Trustees also asked the police to continue to collect data about noise complaints that can be used for further amendments to the noise ordinance. Commenting on the code change, Mayor Justin Arest said, “It takes a village. This has been two years in the making. There is a meaningful improvement. It is not necessarily finished. The Police Department will continue to collect data.” The new law defines the many kinds of noises experienced in the Village, specifies hours that various noises are prohibited and proscribes penalties for violations. You can see it here.

Does the new noise ordinance prevent Fenway Golf Club from playing loud music at night? Though there is no definition of "nighttime hours" in the new code, it does appear to bar the club from playing music that is audible inside neighboring residences. The code says, "Loudspeakers and public-address systems mounted or placed outdoors: Using or operating any loudspeaker, public-address system or similar device in such a manner that it is Plainly Audible inside the dwelling of an Affected Person, with all windows and doors closed is prohibited, unless it is for the purposes of safety.

So will loud parties in the tent be silenced? Who will need to cease and desist? The neighbors or the club?

Safety

Deputy Village Manager Randy Whitestone made a statement on pedestrian safety. He said, “I will briefly read a few tips that seem like common sense and obvious. But folks should be reminded of those from time to time. And this is from the New York State Department of Health Governor's Traffic Safety Commission Committee and the Department of Transportation. Drivers should yield for pedestrians in crosswalks and intersections. Slow down and obey posted speed limits. We now have a 25 mile an hour speed limit on most village roads. Take extra care around schools, playgrounds and neighborhoods. Always look out for pedestrians especially before turning at a green light or making a right turn on red. Never run red lights. Be careful in passing stopped vehicles. They might be stopping for pedestrians. Pay attention. Do not text and drive. Sharing the road. It is your responsibility to look for others. Pedestrians also need to be responsible. They should cross in marked crosswalks and at intersections. They should use sidewalks. If there are no sidewalks, which is true of many of our roads, they should walk facing traffic. So if you see vehicles and drivers make eye contact with drivers so they see you and stay visible after dark and in bad weather wear light colored or reflective clothing."

Dog Licensing

Also at the meeting, Deputy Village Manage Alex Marshall urged people to get a dog license for their dogs. She said licensing is required for all dogs four months or older. Rabies vaccinations are required as well. Watch a video on how to license your dog here.

Band Concerts

She said there will be free band concerts on Thursday nights at Chase Park and invited people to come down. The Westchester Band Summer Concert Series are at 8 pm and people can bring chairs and a picnic dinner.

Farmer’s Market

The Mayor asked residents to support the Farmer’s Market which is being held in the Village on Sundays from 9 am to 1 pm. He said, “buy something and support it.”