UES Residents Voice Concerns About Late-Night Restaurant Noise at CB8 Meeting

Noise at food establishments seems to be an underlying concern for some Upper East Side residents. This became evident during October’s monthly convening of Community Board 8’s Street Life Committee, which gives locals a chance to comment on liquor license applications for nearby establishments. Ten were put on layover for next month’s consideration.

Applicants before the State Liquor Authority have the merits of said applications discussed by the nearest community board, which issues a non-binding and consultative “yes” or “no” vote that they submit to the state agency for consideration. As such, business owners are highly encouraged to show up and impress board members, as it may influence their ability to serve drinks and open a venue.

In particular, CB8’s review of two of Tuesday’s applicants–a hoped-for spinoff of Greenwich Ave.’s American Bar near E. 73rd St.., and an existing Shake Shack on E. 86th St.–brought the issue of odd-hours noise into stark relief.

Elena Ristovski, the American Bar rep., told the committee that “we are here to connect and become part of your community.” Donald Bernstein, her lawyer, said that the restaurant’s hours would last from 9 a.m. to midnight on weekdays. Weekend closing hours would fall at 1 a.m.

Concerns sprouted up immediately. Tanya Rivero Warren, who lives by American Bar’s planned 1022 Lexington Ave. location, said that she was “a little concerned about your closing hours. E. 73rd St. is a quiet street with a lot of families, and we are right next to you guys.”

“I understand your concerns. I lived in a residential area in the city for a long time,” Bernstein replied. He clarified that midnight and 1 a.m. would be “all-out” hours, meaning that all patrons will need to leave by exactly then. Ristovski chimed in to add that they chose those specific closing hours so that “people aren’t feeling rushed.”

“This place isn’t like going to a nightclub or a gathering speakeasy. This is an upscale restaurant, the music is background music,” she added. After this description, Warren appeared appeased. “That is very reassuring,” she said, beaming.

American Bar’s application earned CB8’s blessing, by a vote of 11-0.

Shake Shack, conversely, appears to have had a bruising number of months before the committee. As the meeting’s schedule noted, the application is an altered one rather than a fresh one, as the E. 86 Shake Shack has been around for more than a decade (the fast-food chain does indeed serve beer and wine, which is perhaps not a widely-known fact by those that don’t frequent it).

Stephan Primal, the corporation’s rep., used his opening remarks to acknowledge the various lingering issues that locals appear to have with the restaurant. While one issue is the irregular cleanings of the store’s exhaust system, the standout complaint involves late-night (or early-morning) noise emanating from the Shake Shack, not to mention a nearby public plaza that it has access to. In particular, some locals are bothered by the noise coming from a ramp that they claim is used by seemingly everybody–delivery workers, disabled patrons, and able-bodied patrons alike.

Primal said that the ramp had been improved as of the morning of the committee meeting, and that exhaust inspections would now be conducted on a monthly–instead of twice monthly–basis.

Diane Rivers, who said she lives nearby, simply began with: “Ok, Stephen, thank you for your update. I feel like we live in two different worlds, though!” She said that she’s been woken up seven times, at four in the morning, by the ramp. Power-washing and bun delivery have also given her “chronic stress.”

Kevin O’Malley, who was sitting next to her on Zoom, said that “activity on the [store’s] roof has been the worst it’s ever been since it opened.” One time, O’Malley continued, he got up to witness “a gang of guys up there with power-washers going. They had what looked like an industrial vacuum going. Of course, when all these machines are going, these guys are yelling and talking to each other.”

Glenda Iwanicki, who lives nearby, used her speaking slot to describe how her two children have been “sleep-deprived” by late-night trash collection at Shake Shack. Sleep, she added, is “crucial for them to grow.”

After this wave of complaints, CB8 Member Russell Squire offered a raft of stipulations that should be attached to a board vote, which committee co-chair Abraham Salcedo reiterated and added to. They include: laying down a blanket any time the ramp is used, a ban on deliveries before 7 a.m., the exhaust being cleaned as much as possible to comply with particle emissions regulations, plaza signs that designate it as a “public space” having more clarity, and the prevention of “loitering” in the alleyway.

With those tough conditions added, the application ended up soaring to approval by a vote of eight-to-one. One member abstained. It remains to be seen what sway the new suggestions will hold on the actual operations of the Shake Shack.