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Noises off! Suit settlement bars Markowitz’s concerts from Asser Levy Park

The Brooklyn Paper
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Borough President Markowitz’s summer concert series can’t return to Asser Levy Park.

As part of a settlement of a lawsuit accusing his gigs of violating city noise rules, Markowitz has agreed to obey the rule, which prohibits the use of amplified sound within 500 feet of a house of worship.

“We’re happy to hear that this existing laws will finally be enforced,” said Ida Sanoff, a plaintiff along with officials at two synagogues that are less than 500 feet from the band shell. The settlement also awarded the plaintiffs money for their legal fees, according to Sanoff.

Markowitz did not share Sanoff’s joy, lashing out against his opponents as if they were the music-hating reverend in the movie “Footloose.”

“Their selfish actions could eliminate concerts from Coney Island forever,” Markowitz said in a written statement.

Markowitz has found a new site for his shows. Last month, he begrudgingly agreed to move the concerts out of Asser Levy and into a W. 21st Street lot about a mile away — a deal that foreshadowed the future settlement.

“All of this hard work was necessary because [of] a spiteful minority,” Markowitz said.

But the settlement has threatened more than the music. It could also put the brakes on Markowitz’s controversial plan to build an 8,000-seat amphitheater in Asser Levy Park, as it’d be hard to utilize a $64-million band shell without breaking the decades-old noise code and Markowitz’s out-of-court agreement.

But Markowitz insists that he’s not dropping his plan for the venue, despite the settlement. The amphitheater, paid for out of the city budget for Brooklyn cultural events, will be built by 2012.

And the Beep has dodged the noise code in the past. Just weeks after the lawsuit was filed last summer, the city temporarily overturned the noise code so that the concerts could go on for the 2010 season.

Even Sanoff, who has long protested the Beep’s planned “potato chip” band shell, says that she won’t be surprised to hear the volume in Asser Levy Park tuned to 11 before long.

“There are a lot of creative people in the city government that can change the law quickly,” Sanoff said. “The city will do what it wants.”

Updated 5:24 pm, July 9, 2018
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Reasonable discourse

Friend of Marty Mashugana from Borough Haul says:
Didn't this happen a month ago?
June 27, 2011, 12:06 am
Tony from Park Slope says:
We don't need a $64-million amphitheater. Use the Cyclone's stadium. It was a horrible idea to builg it, but we might as well get a maximized return.
June 27, 2011, 8:52 am
jerry from brighton beach says:
BP Marty still doesn't get it. He violated the NYC Law for over 19 years. I think he knew about it , I think he knew he would not be able to get a Sound Permit, but still went ahead , because He thinks he's above the law.
The Laws of NYC only apply to the little people.
Before BP Marty had his concerts in Asser Levy Park he had them at Midwood Field. He had them there for over 10 years. So Marty... I don't see why you can't go back to Midwood Field. They would love to have you back.
Or Keep them in Coney Island Amusement area . IT's the best place for them for everybody concerned.
Get over it Marty....Move On...
June 27, 2011, 9:17 am
sal from coney island says:
Mr. Markowitz's statement that it was "a few spiteful minority " that caused this action IS NOT TRUE , only Marty's misinformation.

The fact is that Friends of Seaside Park , have over 13,000 signatures against the proposed Amphitheeater, that in fact would be a pay per event Venue, run by a Private Corporation, Seating over 8000 people in a residential neighborhood with high rises & apt. houses located right across the venue.

@ Jerry : You are absolutely correct : BP Marty Markowitz get over it..move on ! Get another place in Coney Island or use MCU Park !
June 27, 2011, 9:59 am
who voted for from marty says:
Who voted for marty?
get the 13,000 signatures to vote against him
June 27, 2011, 10:26 am
jerry from brighton beach says:
@ who voted for.. BP Marty Markowitz is term limited. He's not going to run for Mayor...Can't cut the grueling campiagning schedule..He's 65 now.. will be 67-68 by the time the next mayor's race comes along. Too much pressure.

He'll fade off into the sunset...
June 27, 2011, 11:12 am
Steve from Brooklyn says:
Wasn't it a "spiteful minority" of rich real estate developers that helped Marty ram the Atlantic Yards project down Brooklyn's throat, despite overwhelming community opposition to the project?

How does it feel to get a taste of your own medicine, Marty?
June 27, 2011, 1:58 pm
moshe from midwood says:
@Steve from Brooklyn.....

You got it 100 % right !

What goes around comes around !
June 27, 2011, 4:25 pm
check marty's pockets from fbi watch says:
check marty's pockets for $. fbi, open your eyes.
June 27, 2011, 8:47 pm
Marty's Own Medicine from Prospect Park West says:
Why, it's a "spiteful minority" of millionaires on Prospect Park West who are suing to undo traffic calming, too -- with Marty's 110% backing!

http://brooklynspoke.wordpress.com/2011/06/27/martys-own-medicine/
June 27, 2011, 9:27 pm
Fuhgettaboudit from Borough of Kings says:
If you take away Marty's only "legitimate" source of income, he'll have no choice but to be even more corrupt than he already is. If he makes it out of Borough Hall without an indictment by 2013 I'd be shocked.
June 27, 2011, 11:23 pm

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