Although Bond Not Paid, Oakwood Works To Comply With Injunction
SYRACUSE — At press time, a $25,000 bond the plaintiffs have to pay to indemnify Oakwood Resorts against damage had not been paid. Meanwhile, Oakwood Resorts has moved to comply with the directions outlined in the injunction issued against it Aug. 14.
Nine homeowners who live across Conklin Bay from the Oakwood Inn filed suit May 27 claiming they have lost the use of their property due to loud music coming from the inn’s restaurant on weekends. After two hearings, Circuit Judge Michael Reed issued the injunction Aug. 14, limiting the decibel level the music at Oakwood can be played at.
The purpose of having the plaintiffs pay a bond is to 1) show they are serious about pursuing their case and, 2) to protect Oakwood from any damages that may be inflicted as the lawsuit goes forward.
Tamra Henry, general manager at Oakwood, explained the court has directed the resort to measure the sound coming from the inn from up to 50 feet of Oakwood’s property line. The property line in this case is the seawall. The decibel level is to be no more than 55 dB-A and 65 dB-C 10 p.m. to 11 a.m. and 60 dBA and 70 dB-C 11 a.m. to 10 p.m. On weekends and holidays the noise level should not exceed 55 dB-A and 65 dB-C 11 p.m. to 11 a.m. and 60 dB-A and 70 dB-C 11 a.m. to 11 p.m.
The A weighted sound level does not take the bass scale into consideration while the C weighted scale includes all sound including bass.
Henry said while performers are playing music, Oakwood staff will be taking sound measurements with a sound meter that measures both A and C scales. She had to purchase a new meter that measured both. “It would be easy for me to bring it (the music) inside, but people enjoy sitting outside on the back porch,” she said. After Labor Day weekend, there will be live entertainment only Saturday evenings.
Henry said Oakwood chose to comply with the injunction despite not being required to until the bond is paid. Sound measurements were taken approximately 20 feet from the property line, at the end of a pier that was attached to the seawall and is in view of the plaintiffs homes.
Henry explained she went with the shorter distance because 50 feet from the property line is actually in the lake and she didn’t have the manpower during the weekend to take a boat out to do the measurements. The weekend went well with the resort staying within the ordered decibel ranges.
Oakwood Resort has also received numerous phone calls from customers who have events booked asking if their events can go forward and at least one band scheduled to play in the next few weeks has called to see if it is still booked to perform.
“We’re just trying to be in compliance until the next steps are taken,” Henry said.
Oakwood staff have also received plenty of support from residents of Oakwood Park and guests regarding the matter.