Below you will find the exact text from an official document from East Hampton Town Board records concerning East Hampton Town Board meetings, on February 2, and March 2, 2010. The document deals with three separate noise violations committed by the Surf Lodge Club, as defined under Chapter 185 of the Town Code. The purpose of the meetings were to determine what restrictive measures should be taken against the owners of Surf Lodge due to the repeated and continuous violations of the above Code. Measures under consideration included a reconsideration of the favorable status of the bar's Music and Entertainment Permit.

The record indicates that a sound expert, hired by Surf Lodge, recommended certain changes that, if implemented by Surf Lodge, would greatly improve the situation that led to the violations. After reviewing the information and accepting Surf Lodge management's assurances that these recommended steps would be implemented, the East Hampton Town Board gave conditional approval.

Approval that if, and only IF, all the recommended measures were indeed implemented, the Surf Lodge Music and Entertainment Permit would remain in good standing.

It was an agreement in the best tradition of local government working together with private enterprise, through discussion and compromise, in correcting and greatly improving a situation that would benefit the entire community. An excellent example of good government effectively responding to the needs and problems of its constituency.

The only niggling question that remains to be answered of course is did Surf Lodge indeed fulfill its side of the agreement? Were they serious in their wish to correct the situation and provide the effective counter measures to correct a severe self imposed public nuisance? Were the wishes of the people of Montauk, and the laws which govern them as perceived and acted upon by the East Hampton Town Board in an official documented meeting, fulfilled? These questions were directed to Councilman Peter Van Scoyoc, Montauk's Town Board representative, at the March meeting of the Montauk Citizen's Advisory Committee. Given the amount of time elapsed from the 2010 initial Town Board directive, Councilman Van Scoyoc was understandably unsure of the status and level of Surf Lodge compliance but promised to do research and report the facts of the matter at the next Montauk CAC meeting occurring this Monday, May 2nd.

WE WILL SEE...... STAY TUNED....... AND PLEASE READ THE DOCUMENT BELOW

Tom Bogdan

EAST HAMPTON TOWN BOARD MEETING, FEBRUARY 2, 2010

WHEREAS,  Surf Lodge appeared before the Board pursuant to Chapter 117 of the Town Code of February 2, 2010, after having been cited three times for noise violations under Chapter 185 of the Town Code; and

WHEREAS; the Board held the public hearing before making a determination as to the Music Entertainment Permit to the premises pursuant to Chapter 117 of the Town Code; and

WHEREAS; the applicant’s sound expert, engineer Bonnie Schnitta, PhD, of SoundSense, LLC offered mitigation measures that are designed to avoid future noise problems; and

WHEREAS, according to Dr. Schnitta, the measures involve focusing the music on the deck to the establishment’s clients and reducing the amplification of the music on the deck; and

WHEREAS, Dr. Schnitta explained that focusing the music on the deck would involve the use of a continuous acoustic reflector, which can be movable and temporary, to be positioned behind live musicians; and

WHEREAS; the reflector will allow for music to be focused into the audience and serve as a barrier for sound which travels across the Lake; and

Whereas, Dr. Schnitta explained that the volume of the loudspeakers and stage monitors will be reduced, which can be accomplished due to the redirection of previously wasted sound; and

WHEREAS, Dr. Schnitta further explained that the applicant can reduce the amplification of music on the deck by lining the wicker half shells located above tables with an acoustic absorber and acoustically treating certain sections of the exterior wall to prevent amplification; and

WHEREAS; the Board finds that based on the aforesaid representations of the owner of Surf Lodge is taking substantial measures to mitigate potential noise emanating from the premises; therefore  be it

RESOLVED THAT BASED UPON THE MITIGATION MEASURES PRESENTED BY DR. SCHNITTA AND OFFERED BY THE APPLICANT, THE BOARD HEREBY DETERMINES THAT THE MUSIC ENTERTAINMENT PERMIT HELD BY THE SURF LODGE SHALL REMAIN IN GOOD STANDING, PROVIDED THAT THE ABOVE MEASURES ARE IMPLEMENTED AND THAT ALL SUCH MEASURES ARE IMPPLEMENTED IN ACCORDANCE AND COMPLY WITH APPLICABLE EAST HAMPTON TOWN CODE RULES AND REGULATIONS.