Thomas MacMillan Photo
Josh Philie spoke up for DJs.
Punhon Chan said he wanted to add DJs and bouncing-ball sing-alongs to the attractions at his Elm Street bar. The neighbors said they want a little peace and quiet.
The Board of Zoning Appeals Tuesday night sided with the neighbors and shot down Chan’s application for a zoning exception to allow DJs, karaoke, and acoustic music at his bar, where bands are currently allowed.
Chan runs Elm Bar, which now occupies the site held for eight decades by Rudy’s, the storied neighborhood watering hole. While Rudy’s has found a new home at the corner of Chapel and Howe streets, Elm Bar has found success by running as an eerie simulacrum of the old Rudy’s.
Chan’s Tuesday night appearance before the Board of Zoning Appeals was not his first. A year ago, he petitioned the board for permission to serve drinks on the patio at Elm Bar. Things got personal when the neighbors objected and Chan pulled out Facebook photos to try to discredit his detractors.
On Tuesday night, one of Chan’s detractors returned, but the Facebook photos did not.
Chan told zoners he didn’t understand why he should be allowed to have a jukebox, but not a DJ. Live bands, but not karaoke. “I don’t see the difference,” he said.
“The difference is speakers,” said board member Victor Fasano. “That’s our concern.”
“If noise is the issue,” Chan said, DJ speakers are quieter than heavy metal bands. He said he put in a sound-blocking curtain last March.
Speaking in favor of the proposal was Josh Philie, a local musician, who said the permission would create a good opportunity for local DJs.
Rose Martin said she works at the bar and DJ and karaoke nights would increase her income. She said she’s a single mom. “I’m in favor.”
Hallier.
Speaking in opposition were Martin and Andrea Hallier. They own 115 Howe St., which abuts the rear of Elm Bar. Martin said bar noise is a problem. It goes until 1 or 2 a.m. and tenants call and complain to him, he said. “It’s out of control.”
The alley behind the bar is also the scene of public urination and vomiting, Martin said. “It’s disgusting.”
Andrea said their building has a vacant first-floor apartment that she said she’s not going to be able to rent with the noise the way it is. “What am I going to tell my tenant at 11:30 at night?”
Gilliland.
Rex Gilliland, who tangled with Chan during his previous visit to the Board of Zoning Appeals, also complained about the noise. He lives across the street from the bar. He said the bar already has DJs who are just as loud as the live bands.
“I think there’s a problem with the sound in the neighborhood,” Fasano said later, when it came time for the board to vote. “I think he’s got to make do with what he has.”
The board voted unanimously to deny Chan’s application.
I think this was a bit of a specious decision.
It just sounds very arbitrary. What is the difference between karaoke and a live band? Is a live band actually more quiet than a karaoke night?