March 7, 2014) A restaurant and bar under construction at 58th Street will have limited hours on its open air second floor and on its first floor deck because of neighbors’ concerns about noise.
The Board of License Commissioners granted a seven-day beer, wine and liquor license for the Yellow Submarine, but stipulated that sales of food and alcohol must cease at 10 p.m. in the open-air areas. The enclosed first floor area will not have those restrictions.
Attorney Joe Moore, representing applicant Kevin Myers, the general manager of Fager’s Island who owns one-third of the Yellow Submarine, said Myers had tried to respond to the concerns of owners of units at the Oasis condominium and his staff would keep patrons from parking at the Oasis parking lot, but they were unappeased.
John Fager, two-thirds owner of the new business, said he had been in touch with Oasis residents since the conception of the Yellow Submarine.
“We have tried to answer every one of their concerns,” Fager told the board. “We’ve tried to compromise.”
They added landscaping, a solid block wall at the trash container and a fence to hide air conditioning units.
“We have tried to mitigate concerns and will continue,” Fager said. This is our way of improving the neighborhood.”
That neighborhood, he said, is a commercial one with a lot of foot traffic. Many people live in the area and walk to Fager’s Island, where the business could be full at 11 p.m., but the parking lot could be half-empty.
John Palmerini, a Oasis unit owner, was concerned about parking for the Yellow Submarine and said Fager’s Island employees had parked in his parking space more than once.
“I couldn’t use my own spot,” Palmerini said. “It’s going to happen all over again.”
He also said Fager’s Island customers walk beneath the Oasis, causing noise and disturbing Oasis unit owners.
Oasis unit owner Michael Helfrich said he and others were “significantly concerned” about the open roof-top bar.
“We’d be greatly indebted to you for protecting the value of our properties,” Helfrich told the board. “We’ll live happily ever after.”
The open-air portions of the Yellow Submarine would have at least as much impact as the former open-air rooftop bar at the Skye Bar above Galaxy 66, which led to noise violations and the ire of nearby condominium owners who were successful in getting the Board of License Commissioners to take away its entertainment privileges. The owners responded by closing in the area.
Tom Edwards, another Oasis unit owner, said the noise from the proposed open-air areas would be unbearable.
“We won’t be able to open up our windows at all,” Edwards said.
Moore said Myers and Fager had done “everything humanly possible” to assuage the unit owners’ concerns except for one thing. “And that is not being there,” he said.
“What we’re hearing is, ‘Don’t put this in my backyard,’“ Moore said.
The board sided with the unit owners and declared that food and alcohol service must cease in the open-air areas at 10 p.m.