Need Help on Issue - China Bistro Outside Music on Thier Patio

Argie's Wife · 06-22-2010, 08:38 AM

Quote:

Originally Posted by NHBoat70

You should probably check your spelling before posting

Probably but because I have nerve damage in my right hand I have trouble typing sometimes. I will accidentally transpose letters from the left side of the keyboard first with the right side - I have typed many a "their" or similar misspelling. I can spell but can't get my right hand to follow my brain anymore. Mornings are especially bad.

Maybe that will buy me some grace from the Spelling Police, no?

angela4design · 06-22-2010, 09:13 AM

AC2717, I remember when you brought this up last year. Don't I recall that there is a Town Line issue here? If I recall correctly, the Bistro (why is it called that, anyway?) is in Gilford, but neighbors across the street live in Laconia. That makes things more complicated. How is that handled?

Last year's thread here

Argie's Wife · 06-22-2010, 09:24 AM

The business is in Gilford, then start with Gilford's Planning Dept and go from there. I'd leave it up to them to direct or re-direct you, as they feel it is appropriate. Remember, abutters, even on the Laconia side, were invited to the hearing that was held in Gilford.

WakeboardMom · 06-22-2010, 11:38 AM

Quote:

Originally Posted by angela4design

AC2717, I remember when you brought this up last year. Don't I recall that there is a Town Line issue here? If I recall correctly, the Bistro (why is it called that, anyway?) is in Gilford, but neighbors across the street live in Laconia. That makes things more complicated. How is that handled?

Last year's thread here

Not sure if it makes a difference, but according to info on the web, the restaurant's address is Laconia (as is The Margate's).

Argie's Wife · 06-22-2010, 12:28 PM

Quote:

Originally Posted by WakeboardMom

Not sure if it makes a difference, but according to info on the web, the restaurant's address is Laconia (as is The Margate's).

Yup, it is...

...then start with Laconia... whichever city/town that CB is zoned for, start with that one... go from there.

Good luck.

AC2717 · 06-22-2010, 03:08 PM

It does, but they are in Gilford.
I have made some contacts, I will let everyone know how it is working out

SAMIAM · 06-23-2010, 08:07 AM

AC, I think the problem is the level of volume. The bass guitar is the one that penetrates your walls and windows but does not register very high on a sound level meter outside of the club......maybe 70/75 decibals. Boats and bikes have to be over 82 in a pass by test or around 90 stationary in order to be considered as noise pollution.......so, I think you may have trouble proving your case even though it's driving you crazy. Wish I had a helpful idea for you.

AC2717 · 06-23-2010, 09:07 AM

Well Today and yesterday I received responses from city council memebers which were very helpful, I am continuing on my treck, but according to what they are telling me without releasing the details, everything but the noise levels are approved until the end of this year, in a nut shell

I will continue to address the issue

tis · 06-23-2010, 11:54 AM

It sounds like you are going through exactly what neighbors of Old Lakeview Drive in Wolfeboro went through with the Lakeview Inn in Wolfeboro. They built a new barn and had music which caused a big fight with neighbors which went on for several years.

AC2717 · 06-23-2010, 02:03 PM

Tis - how did that end?

tis · 06-23-2010, 04:29 PM

Well, I think there were really no conclusive decisions because the Lakeview has been for sale and I don't think they were doing much for quite a while. I hadn't heard of them even using the barn recently. The police were called often, they went back and forth to court, the whole thing was a mess. I hear it may be sold so it will be interesting to see if and when they start the music again what will happen. The last I heard neither side was happy.

RI Swamp Yankee · 06-23-2010, 04:32 PM

Quote:

Originally Posted by WakeboardMom

Not sure if it makes a difference, but according to info on the web, the restaurant's address is Laconia (as is The Margate's).

My map shows the town line goes down the middle of the road (rt3) at that area. Water side is Laconia, other side is Gilford.

AC2717 · 06-23-2010, 04:52 PM

Quote:

Originally Posted by RI Swamp Yankee

My map shows the town line goes down the middle of the road (rt3) at that area. Water side is Laconia, other side is Gilford.

Correct!
until Lake st, turns into Weirs Blvd at that blinking light

eillac@dow · 06-23-2010, 07:52 PM

If I am going to continue to read these forum posts, I would appreciate:

Korect speling
proper gramer
and please dont forget about pun-u-ation!

AC2717 & AW...you should not have responded to that particular response. I am far from perfect and that will not hold me back from posting.

Pleaze feel free to korrect me on my speling!

Argie's Wife · 06-23-2010, 08:13 PM

Quote:

Originally Posted by eillac@dow

If I am going to continue to read these forum posts, I would appreciate:

Korect speling
proper gramer
and please dont forget about pun-u-ation!

AC2717 & AW...you should not have responded to that particular response. I am far from perfect and that will not hold me back from posting.

Pleaze feel free to korrect me on my speling!

I was tempted to point out that there was punctuation missing at the end of that response to which you refer but I didn't.

Whoops. I just did, didn't I?

Hey, I'm as human as the next person.

RI Swamp Yankee · 06-23-2010, 09:33 PM

Quote:

Originally Posted by eillac@dow

... and please dont forget about pun-u-ation! ...

I agree That pun-u-ation is specialy portent

Lakesrider · 06-24-2010, 06:02 AM

HA! I went through writing a response about the missing period (.) at the end but just couldn't hit the send button.

As far as the music. My suggestion would be a .50cal to the transformer servicing the place.

AC2717 · 06-24-2010, 06:38 AM

Quote:

Originally Posted by Lakesrider

HA! I went through writing a response about the missing period (.) at the end but just couldn't hit the send button.

As far as the music. My suggestion would be a .50cal to the transformer servicing the place.

Would love to, but then it would be me in the frying pan, not the egg rolls or chicken fingers,

Great now I am hungary at 7:38am in the morning, but not for their food!

AC2717 · 07-01-2010, 11:21 PM

As I sit on my couch awake at 12:05am, trying to get to sleep since 11pm and then finally giving up and having to try to get my daughter to sleep and her just finally passing out about 10:50pm, I had put a call into the Gilford Police department about the noise and vibrations that have been going on since about 9:30pm. I just felt the need to update everyone on the situation.

I have to say I have received some good feedback from the town and they are adressing the concerns of myself and my neighbors. Infact last weekend we barely heard a peep form across the street (the weekend after China Bistro was contacted), we came up this afternoon after work and sure enough they were back at it after the quiet weekend that followed contact from various parts of the town such as the planning board, selectmen, and others. (I was kept in the loop about the contacting) I do not wish to put anymore further about the total details discussed incase this matter has to go further, but will keep the forum updated on the situation at hand to let you know my progress.

I will let everyone know that they received a letter from the planning board about their site plan and how while they were authorized for music inside and out, they were found not in compliance with their site plan and had to remove the fence, string lights, tables, chairs, and anything else out in front of the bldg facing Rt 3 (Lake St) to when I last checked it out a couple of hours ago, they had not. They were advised they would be fined a significant amount starting from the first day they were told to remove everything, so I just emailed asked that the fine be enforce and to have my tonights complaint documented via the email

It is now 12:20am, and still the noise continues after being advised that a police car would go and speak to them about the bass levels. It was quiet for a couple of minutes I am ballparking about midnight till about 12:08am and then right back up to a louder level, hmm wonder why it was lowered for that amount of time???
Well in about an hour their grand finally for the night will turn on for about 20-30 minutes and it will be a constant vibration and noise (it is the same everynight) and hopefully about 2:15am I will be able to get to bed tonight or this morning.

jrc · 07-02-2010, 06:21 AM

I thought the "last call" in NH was 1AM, maybe you should get the liquor commision involved. They tend to have a "take no prisoners" attitude, if evan one person is drinking past 1AM.

AC2717 · 07-02-2010, 06:23 AM

Quote:

Originally Posted by jrc

I thought the "last call" in NH was 1AM, maybe you should get the liquor commision involved. They tend to have a "take no prisoners" attitude, if evan one person is drinking past 1AM.

I am unsure about the liqour, but the club does not shut down until 1:30-2
usually last call is a half hour before closing in most places that I know of even in MA

chipj29 · 07-02-2010, 06:38 AM

Quote:

Originally Posted by AC2717

I am unsure about the liqour, but the club does not shut down until 1:30-2
usually last call is a half hour before closing in most places that I know of even in MA

Last call and closing time are not always related.
A bar/restaurant has to stop serving liquor at a certain hour per local/state laws. This means that after that time, drinks cannot be available or consumed. There is no law about the timing of last call though.

However, unless the local law states a specific closing time, the place can stay open as late as it wants-as long as they are no longer selling liquor. Drinks have to be finished and off the tables/bar by the whatever time the law states.

AC2717 · 08-10-2010, 09:15 AM

Wanted to let everyone know that despite the planning board's letter to the Owners of China Bistro back on June the 22nd to remove everything from their front lawn or face a per day fine and they would not be allowed a hearing infront of the board to do so..

well guess what, just found out that they have a hearing in front of the planning board of Gilford on Monday the 16th at 7pm

AND TO DATE THEY HAVE NOT ATLEAST DONE WHAT THE BOARD HAD ASKED THEM TO DO OVER A MONTH AGO!!!! No fine and they got the hearing anyways

Now how does this work???

Please come out or write letters to the board or whatever you can to hopefully stop them from being granted the outdoor patio space/club area

WinnDixie · 06-22-2010, 09:30 AM

Quote:

Originally Posted by Argie's Wife

Probably but because I have nerve damage in my right hand I have trouble typing sometimes. I will accidentally transpose letters from the left side of the keyboard first with the right side - I have typed many a "their" or similar misspelling. I can spell but can't get my right hand to follow my brain anymore. Mornings are especially bad.

Maybe that will buy me some grace from the Spelling Police, no?

You have done here--as you always do--a very nice job assembling useful information. It took some time and effort. I respect correct spelling etc., but would like to focus here on the informative contribution you made! As they say :"You keep on keepin' on"!

Woodsy · 06-22-2010, 10:29 AM

AC...

Before you get too twisted over the outside music, you need to see if it was a once a year (Bike Week) occurence or if they intend to have the outside music every weekend. If they have the outdoor music this weekend I guess you will have your answer! If its a once a year Bike Week occurence you can state your case to the town (most likely next year when they apply for a permit), but I wouldnt expect much sympathy... when it comes to bike week the towns all "bend the rules" a bit to allow the businesses to make as much money as they can....

In Laconia, no outside amplified music is permitted past 10:30pm with the exception of Bike Week (12:30am) and only in the Weirs.... There was an attempt made a year ago to change this ordinance to allow music past 10:30 only in certain areas (zoned resort/commercial) but it was rejected...

As far as the pre-existing noise conditions (thumping bass) from the night club I doubt there is much your going to accomplish there without spending a ton of money on lawyers and sound studies... that place has been a loud nightclub for a long long time. I remember when they used to have bands play there...

Woodsy

06-22-2010, 09:13 AM	#2
angela4design Senior Member Join Date: Mar 2007 Location: Meredith Posts: 353 Thanks: 45 Thanked 54 Times in 38 Posts	Town lines AC2717, I remember when you brought this up last year. Don't I recall that there is a Town Line issue here? If I recall correctly, the Bistro (why is it called that, anyway?) is in Gilford, but neighbors across the street live in Laconia. That makes things more complicated. How is that handled? Last year's thread here

06-22-2010, 03:08 PM	#6
AC2717 Senior Member Join Date: Apr 2007 Location: Maynard, MA & Paugus Bay Posts: 2,577 Thanks: 755 Thanked 355 Times in 267 Posts	It does, but they are in Gilford. I have made some contacts, I will let everyone know how it is working out __________________ Capt. of the "No Worries"

06-23-2010, 09:07 AM	#8
AC2717 Senior Member Join Date: Apr 2007 Location: Maynard, MA & Paugus Bay Posts: 2,577 Thanks: 755 Thanked 355 Times in 267 Posts	Well Today and yesterday I received responses from city council memebers which were very helpful, I am continuing on my treck, but according to what they are telling me without releasing the details, everything but the noise levels are approved until the end of this year, in a nut shell I will continue to address the issue __________________ Capt. of the "No Worries"

06-23-2010, 02:03 PM	#10
AC2717 Senior Member Join Date: Apr 2007 Location: Maynard, MA & Paugus Bay Posts: 2,577 Thanks: 755 Thanked 355 Times in 267 Posts	Tis - how did that end? __________________ Capt. of the "No Worries"

07-01-2010, 11:21 PM	#19
AC2717 Senior Member Join Date: Apr 2007 Location: Maynard, MA & Paugus Bay Posts: 2,577 Thanks: 755 Thanked 355 Times in 267 Posts	As I sit on my couch awake at 12:05am, trying to get to sleep since 11pm and then finally giving up and having to try to get my daughter to sleep and her just finally passing out about 10:50pm, I had put a call into the Gilford Police department about the noise and vibrations that have been going on since about 9:30pm. I just felt the need to update everyone on the situation. I have to say I have received some good feedback from the town and they are adressing the concerns of myself and my neighbors. Infact last weekend we barely heard a peep form across the street (the weekend after China Bistro was contacted), we came up this afternoon after work and sure enough they were back at it after the quiet weekend that followed contact from various parts of the town such as the planning board, selectmen, and others. (I was kept in the loop about the contacting) I do not wish to put anymore further about the total details discussed incase this matter has to go further, but will keep the forum updated on the situation at hand to let you know my progress. I will let everyone know that they received a letter from the planning board about their site plan and how while they were authorized for music inside and out, they were found not in compliance with their site plan and had to remove the fence, string lights, tables, chairs, and anything else out in front of the bldg facing Rt 3 (Lake St) to when I last checked it out a couple of hours ago, they had not. They were advised they would be fined a significant amount starting from the first day they were told to remove everything, so I just emailed asked that the fine be enforce and to have my tonights complaint documented via the email It is now 12:20am, and still the noise continues after being advised that a police car would go and speak to them about the bass levels. It was quiet for a couple of minutes I am ballparking about midnight till about 12:08am and then right back up to a louder level, hmm wonder why it was lowered for that amount of time??? Well in about an hour their grand finally for the night will turn on for about 20-30 minutes and it will be a constant vibration and noise (it is the same everynight) and hopefully about 2:15am I will be able to get to bed tonight or this morning. __________________ Capt. of the "No Worries"

06-22-2010, 09:24 AM	#3
Argie's Wife Senior Member Join Date: Oct 2004 Location: Alton Posts: 1,908 Blog Entries: 1 Thanks: 533 Thanked 579 Times in 260 Posts	The business is in Gilford, then start with Gilford's Planning Dept and go from there. I'd leave it up to them to direct or re-direct you, as they feel it is appropriate. Remember, abutters, even on the Laconia side, were invited to the hearing that was held in Gilford.

06-23-2010, 08:07 AM	#7
SAMIAM Senior Member Join Date: Apr 2004 Location: Moultonborough Posts: 2,897 Thanks: 334 Thanked 1,676 Times in 586 Posts	AC, I think the problem is the level of volume. The bass guitar is the one that penetrates your walls and windows but does not register very high on a sound level meter outside of the club......maybe 70/75 decibals. Boats and bikes have to be over 82 in a pass by test or around 90 stationary in order to be considered as noise pollution.......so, I think you may have trouble proving your case even though it's driving you crazy. Wish I had a helpful idea for you.

06-23-2010, 11:54 AM	#9
tis Senior Member Join Date: Jan 2006 Posts: 6,741 Thanks: 752 Thanked 1,458 Times in 1,015 Posts	It sounds like you are going through exactly what neighbors of Old Lakeview Drive in Wolfeboro went through with the Lakeview Inn in Wolfeboro. They built a new barn and had music which caused a big fight with neighbors which went on for several years.

06-23-2010, 04:29 PM	#11
tis Senior Member Join Date: Jan 2006 Posts: 6,741 Thanks: 752 Thanked 1,458 Times in 1,015 Posts	Well, I think there were really no conclusive decisions because the Lakeview has been for sale and I don't think they were doing much for quite a while. I hadn't heard of them even using the barn recently. The police were called often, they went back and forth to court, the whole thing was a mess. I hear it may be sold so it will be interesting to see if and when they start the music again what will happen. The last I heard neither side was happy.

06-23-2010, 07:52 PM	#14
eillac@dow Senior Member Join Date: Jun 2008 Location: Dow Island & Weymouth, MA Posts: 365 Thanks: 295 Thanked 94 Times in 48 Posts	If I am going to continue to read these forum posts, I would appreciate: Korect speling proper gramer and please dont forget about pun-u-ation! AC2717 & AW...you should not have responded to that particular response. I am far from perfect and that will not hold me back from posting. Pleaze feel free to korrect me on my speling!

06-24-2010, 06:02 AM	#17
Lakesrider Senior Member Join Date: Jun 2007 Posts: 2,129 Thanks: 380 Thanked 1,016 Times in 345 Posts	HA! I went through writing a response about the missing period (.) at the end but just couldn't hit the send button. As far as the music. My suggestion would be a .50cal to the transformer servicing the place.

07-02-2010, 06:21 AM	#20
jrc Senior Member Join Date: Apr 2004 Location: NH Posts: 2,689 Thanks: 33 Thanked 439 Times in 249 Posts	I thought the "last call" in NH was 1AM, maybe you should get the liquor commision involved. They tend to have a "take no prisoners" attitude, if evan one person is drinking past 1AM.

08-10-2010, 09:15 AM	#23
AC2717 Senior Member Join Date: Apr 2007 Location: Maynard, MA & Paugus Bay Posts: 2,577 Thanks: 755 Thanked 355 Times in 267 Posts	Are you kidding me Wanted to let everyone know that despite the planning board's letter to the Owners of China Bistro back on June the 22nd to remove everything from their front lawn or face a per day fine and they would not be allowed a hearing infront of the board to do so.. well guess what, just found out that they have a hearing in front of the planning board of Gilford on Monday the 16th at 7pm AND TO DATE THEY HAVE NOT ATLEAST DONE WHAT THE BOARD HAD ASKED THEM TO DO OVER A MONTH AGO!!!! No fine and they got the hearing anyways Now how does this work??? Please come out or write letters to the board or whatever you can to hopefully stop them from being granted the outdoor patio space/club area __________________ Capt. of the "No Worries"

The Following 4 Users Say Thank You to WinnDixie For This Useful Post:
jeffatsquam (06-23-2010), Lakesrider (06-23-2010), Pepper (06-23-2010), Redwing (06-23-2010)

06-22-2010, 10:29 AM	#25
Woodsy Senior Member Join Date: May 2004 Location: Weirs Beach Posts: 1,966 Thanks: 80 Thanked 980 Times in 440 Posts	AC... Before you get too twisted over the outside music, you need to see if it was a once a year (Bike Week) occurence or if they intend to have the outside music every weekend. If they have the outdoor music this weekend I guess you will have your answer! If its a once a year Bike Week occurence you can state your case to the town (most likely next year when they apply for a permit), but I wouldnt expect much sympathy... when it comes to bike week the towns all "bend the rules" a bit to allow the businesses to make as much money as they can.... In Laconia, no outside amplified music is permitted past 10:30pm with the exception of Bike Week (12:30am) and only in the Weirs.... There was an attempt made a year ago to change this ordinance to allow music past 10:30 only in certain areas (zoned resort/commercial) but it was rejected... As far as the pre-existing noise conditions (thumping bass) from the night club I doubt there is much your going to accomplish there without spending a ton of money on lawyers and sound studies... that place has been a loud nightclub for a long long time. I remember when they used to have bands play there... Woodsy __________________ The only way to eliminate ignorant behavior is through education. You can't fix stupid.