Today's big story: the Barclays Center's "signature scent"

Apparently the Barclays Center, like some other sports venues, mists a "signature scent" (citrus-y, clean, depending on whom you asked)  to enhance the visitor experience, as DNAinfo reports in a story that got picked up widely, including by Deadspin, The Atlantic Wire, and Racked (where a commenter says it gets pumped outside the Calvin Klein VIP entrance).

While Leslie Albrecht's article quotes a sports reporter at SNYNets as saying, "It's a brand-new building. They've spent over a billion dollars. [The scent] kind of goes along with the whole over-the-top nature of the building," Ball Don't Lie's Kelly Dwyer is more skeptical:

The Nets have declined comment on the fragrance, and for good reason – even the best of press release mavens would have a hard time accurately describing why, exactly, one would decide to pay to have scented air pumped into Barclays Center, much less describing the scent in un-mockable terms and explaining why it’s fit for the team’s arena.
...No, the Barclays Center should naturally smell like the high end artisanal pretzel rolls and craft brews it offers its patrons, and not some imperceptible, “citrus” (which is a descriptive word all of us go for when we have no idea what a certain wine, cigar, or perfume smells like) odor that the Nets are paying for on top of the four years and $89 million they’ll pay Joe Johnson between last summer and 2016.
It’s their arena, their money, and their ventilation options. We’re just wondering why this ownership group even bothers, for just a first round team.

Well, that's likely because the arena has many more events than Nets games.

Neil deMause of Field of Schemes writes:

It’s only fitting that the Nets are resorting to this, given that they were among the first franchises [in 1997]  to pipe in fake crowd noise to make it sound like fans were actually cheering.

We'll see if any other story about the Barclays Center--like its "signature noise leakage" and consequent fine--gets such play.

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After arena paid fine for noise violation, Barclays Center concert noise still penetrating residences; Rihanna said to be as loud as Swedish House Mafia/Sensation

Though last week an affiliate of arena developer Forest City Ratner paid a $3200 fine for excess noise from a Swedish House Mafia concert (after previous complaints about noise from Sensation and Jay-Z concerts), the Barclays Center has apparently not fixed the problem.

Atlantic Yards Watch cites two 311 complaints and seven phone calls/texts regarding last night's Rihanna concert:

“Rihanna is as loud as SHM or Sensations!!”
“Are you f****** kidding me, why can’t the police do something?”
“YIKES!! Why are they starting so late?”
“It woke us up!”
“Guess they haven’t done anything to minimize the noise!”
“Passed midnight and they’re still going, when will it end?”
“Why are these noisy types of concerts allowed on a Sunday nights?”

Rihanna's second concert will be tomorrow night, just in time for the Atlantic Yards Quality of Life meeting.

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Barclays Center agrees to pay $3200 fine for bass leakage into neighborhood from Swedish House Mafia show; sound was twice as loud as allowed

After six months of periodic complaints that the Barclays Center was operating as a neighborhood sub-woofer, sending bass rumbling into apartments blocks away, the arena yesterday finally paid a fine.

Two potential fines for noise violations during the Sensation show in October had been dismissed on technicalities, but an arena official yesterday agreed to pay $3200 for a reading twice the allowable limits during the 3/2/13 Swedish House Mafia show.

In a very brief hearing before the city's Environmental Control Board, Administrative Law Judge Scott Kegelman read the content of the violation at right, then asked a Department of Environmental Protection (DEP) lawyer if there was a stipulation.

Yes, the lawyer said, "in the amount of $3200."

"Accepted?" asked Kegelman of Jeffrey Gewirtz, the Barclays Center's Chief Legal Officer.

"Yes," responded Gewirtz.

"No defense claimed?" asked Kegelman.

"No defense," confirmed Gewirtz.

While Kegelman was seemingly asking about a procedural issue--would the arena offer any counter-evidence?--his question also brought up whether the Barclays Center could justify the bass leakage from bottom-heavy shows beginning with the Jay-Z concerts that opened the arena at the end of September.

It hasn't. Barclays Center CEO Brett Yormark, responding to my tweet in late October citing ""Loud, wall shaking noise from event" Again? Explanation?, claimed that "we are looking into it and we take the concerns very seriously."

How loud was it?

Note that the reading in the above violation of 55 decibels for low frequency noise (bass) is not simply 22% greater than the allowable limit of 45 decibels.

(The reading was taken inside the Newswalk condominium on Pacific Street a half block east of the arena. In the image at right, Newswalk is outlined in red. Note that no other building besides the arena has been constructed, and the arena as built is smaller, and shifted slightly farther away from Sixth Avenue compared to the image.) 

A 10 decibel increase is about twice as loud as permitted. Similarly, the proposed Sensation violation, though ultimately dismissed, appeared twice as loud as permitted.

The Swedish House Mafia concerts, over three days, were each quite noisy. On 3/3/13, one resident wrote, "More bass from tonight's concert. Seems to be louder than last night."

Another affirmed, "Even louder than yesterdays concert." Another asked, "Why can’t the city do something NOW to shut this down?"

But complaints had surfaced much earlier. As one resident wrote 10/1/12 on Atlantic Yards Watch, "The concert last night was clearly audible from inside my apartment, even with the windows closed."

Even New York Times architecture critic Michael Kimmelman, in his 11/1/13 review of the arena, wrote, "The sound system needs adjusting, and alarming reports have surfaced via the local watchdog-blogger Norman Oder from neighbors complaining about noise and vibrations."

Can fines stop noise? Or something else?

The adjustment hasn't happened yet. For a neighborhood bar, a $3200 fine for a noise violation can cause pocketbook pain. For an arena earning millions from concerts tickets and concessions, it may be the cost of doing business, especially if they can fend off some fines with procedural arguments.

Does the DEP have the capacity to increase penalties to deter future noise violations from the arena? I understand that it does, though I couldn't get any elaboration from the agency late yesterday.

What about arena developer and chief operator Forest City Ratner? While representatives have announced unspecified efforts to ameliorate the situation, they didn't get back to me late yesterday. The issue should be raised at the next Atlantic Yards Quality of Life meeting, Tuesday, May 7.

Still, they have strong business reasons to get things fixed. Forget mollifying neighbors down the block. The first Atlantic Yards apartment tower, B2, opens in August 2014, built flush against the arena. It would be hard to rent market-rate units when there's boom-boom in the living room.

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Proposed fine against Barclays Center for noise violation (Sensation) dismissed on technicality; new fine proposed for bass coming from Swedish House Mafia show

Maybe the third time's the charm, since two previous efforts to impose noise violations against the Barclays Center were dismissed on technicalities.

After seeing proposed fines for noise violations during the Sensation dance concerts last October dismissed on technicalities, the city Department of Environmental Protection (DEP) has now proposed a $3200 fine against the Barclays Center operator (Brooklyn Events Center) for the 3/2/13 show of Swedish House Mafia.

As the notice at right indicates, inspectors found readings of 55 dB, which is several times above the baseline of 45 dB, with an ambient reading of 40dB.

A hearing is scheduled for 1:00 pm Tuesday April 30, at the Environmental Control Board (ECB), 66 John Street, 10th Floor, in Lower Manhattan.

As I wrote at the time, another neighbor told me that the bass was even "louder than Sensation," the October dance show that was apparently twice as loud as permitted.

This was filed under a different section of the noise code, Section 24-231(a)2,  than the violation proposed for the Sensation show.

As indicated at left, Section 24-231(a)2 imposes a fine on music in excess of 45 dB in any one-third octave band having a center frequency between 63 hertz and 500 hertz, which are low frequencies encompassing bass.

Proposed Sensation fine dismissed

On 4/15/13, I asked if arena operators would be fined for violating the city's noise code, as seemed obvious to many residents nearby the arena during the Sensation dance concerts last October?

After all, the DEP took a reading that seemed to indicate the noise was way over permissible limits--and filed a notice of violation, a replacement for an initial violation that was filed against the wrong party.

A hearing on the proposed violation was scheduled for 4/2/13, then rescheduled for 4/16/13. At that hearing, the attorney for the Barclays Center, Jeff Gewirtz, challenged the violation,.

He noted that a dBC violation under Section 24-231(a) requires an ambient noise level above 62, while in this case the notice said the ambient noise was 60dBC.


DEP legal counsel Russell Pecunies did not oppose the motion. The Administrative Law Judge, Scott Kegelman, asked why DEP used that subsection.

“As to why [the inspector] took C-weighted readings rather than A,” Pecunies said, “as you know, 99 percent of the time, they do use the A scale.” (According to this source, C-weightings are used to measure peak or impact noise levels, such as gunfire.)

Kegelman said, "I must confess, I had a question as to why they cited C and cited the readings they did." He added, "If Mr. Pecunies is willing, he can talk to the witnesses about possible further action."

I followed up with the DEP and was told: "The readings that led to the now dismissed NOV [notice of violation] are not subject to further sanction." I got no further explanation, but it's possible the DEP inspector did not take a separate reading and thus was not equipped to file a different notice of violation.

The DEP did tell me that the separate fine for the Swedish House Mafia show was pending, and would not be subject to a similar motion for dismissal.

Community complaints

As I wrote 3/5/13, while a New York Times review called the Swedish House Mafia show "benign bombast," I could hear/feel the rumble walking outside the arena for the third night of the show. And, a resident told me, it was not nearly as intrusive as it had been the two previous nights.

On 3/3/13, one resident wrote, "More bass from tonight's concert. Seems to be louder than last night." Another affirmed, "Even louder than yesterdays concert." Another asked, "Why can’t the city do something NOW to shut this down?"

Atlantic Yards Watch has compiled a map of the locations of 23 complaints lodged during the Jay-Z and Sensation shows last fall, well beyond the radios of the arena into Prospect Heights, Fort Greene, and Park Slope.

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Will Barclays Center be fined for noise violation from pounding bass? A hearing is tomorrow

Click to enlarge

So, will the Barclays Center be fined $3200 for violating the city's noise code, as seemed obvious to many residents nearby the arena during the Sensation dance concerts last October?

After all, the city's Department of Environmental Protection took a reading that seemed to indicate the noise was way over permissible limits--and filed a notice of violation. (The agency did not, however, find violations, despite reports of leaking bass, during the Jay-Z concerts in late September and early October nor during the Green Day concert last week, despite a neighbor's report.)

Hearing tomorrow

A hearing on the proposed violation was scheduled for 4/2/13; while the parties did attend, a lawyer for the Barclays Center challenged a technicality in the notice of violation, and the hearing was rescheduled for tomorrow, 4/16/13, 1:30 pm, at the Environmental Control Board (ECB), 66 John Street, 10th Floor, in Lower Manhattan.

I've heard that fines for first offenses are often waived, but ECB spokeswoman Marisa Senigo said that "ECB judges are independent decision makers and there is no way to measure, nor does ECB track, what would be a 'typical' decision by an administrative law judge in any particular type of case."

An office, not a courtroom

The hearing room two weeks ago was a small office barely enough to fit the six participants and observers. What if more people attend?

"We would do our best to accommodate all members of the public who would like to attend (for example by choosing the largest room we have or perhaps one at the end of a hallway where people could sit outside the room) but of course, I cannot promise that there will be space for everyone," Senigo said.

She noted that the administrative law judge does not issue the decision on the day of hearing and members of the public can only observe, not participate.

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Times, in coverage of sale of Dean Street house, says noise from arena generally "negligible"

The New York Times's Appraisal columnist, who seems verry interested in Brooklyn but less so in Queens or The Bronx, has, in the spirit of her not so reliable coverage of Daniel Goldstein's house, written House in Barclays Center’s Shadow Is Snapped Up:

At the end of February, that little yellow clapboard house at 474 Dean Street was put up for sale, listed for $1.495 million. And despite a domineering neighbor — or perhaps because of it — the owners of that house received an offer, which they planned to accept, after less than two weeks.

Except it's not really the house but the site, which "allows for the construction of a somewhat taller residential building that can include commercial space." You can bet there's a valuable retail outlet to install--or, perhaps, a very carefully constructed new residential building.

The quiet arena

Also curious is the Times's rather positive description of the area: though one resident points to "dozens of flattened cigarette butts on the sidewalk" and shrubs used as a urinal, some neighbors disagree:

“It’s actually way less intrusive than we thought it would be,” said Sally Morgridge, who moved into her boyfriend’s apartment in December. “Though it does depend on who’s playing.”
“It turns out wrestling fans are very loud,” she explained, “and after a big basketball game there are crowds out chanting ‘Brooklyn.’ My boyfriend tells me Justin Bieber fans were quite loud.”

Ok, "very loud," "chanting," and "quite loud." How, then, can the Times tells us that, "[i]n general, residents said that the noise was negligible, less noticeable than sirens from a nearby firehouse and police station"?

Which residents? There's no one quoted. After all, it's not just noise from arena patrons, it's all the trucks idling in the streets--and the occasional concert with bass that penetrates residences. Not so neglible.

The value of free tickets

The article states:

Lourdes Pacheco, who has lived at 478 Dean Street since the early 1980s, said she loved being able to scamper across the street to take in a show or a game, which she had done six times. (The Marc Anthony concert was particularly good, she said.)

Unmentioned: the arena has given away some free or discounted tickets to neighbors, likely including Ms. Pacheco.

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The Swedish House Mafia at Barclays Center: "walloping four-on-the-floor... pumping bass riffs... benign bombast" (but not so benign for neighbors)

From a review in today's New York Times of the Swedish House Mafia concert at the Barclays Center two nights ago, Last Dances, Celebrating Last Tour:

For about two hours, the band members basked in screams and shouts of recognition, pumped their arms in the air, stood silhouetted against the lights of their multistory video screens and, now and then, actually touched their sound equipment. (Every so often, Axwell also took up drumsticks and pounded along with the programmed beat.)

For the audience it was a night to dance nonstop; to sing along to big-beat anthems of sorrows overcome...

Its rhythmic foundation is a walloping four-on-the-floor, rarely deviating very far from 128 beats per minute. It supports pumping bass riffs and a boundless supply of perky, one-bar keyboard lines, in rounded synthetic tones.

It’s monumental, happy music, benign bombast, as positive as it is unsubtle.

The "benign bombast" also translates into leaking bass from the arena, as detailed in noise complaints filed on Atlantic Yards Watch.

Last night, I walked outside the arena at Sixth Avenue and Pacific Street, then walked down the long block of Pacific to Carlton Avenue. I could still hear/feel the rumble. And, a resident told me, it was not nearly as intrusive as it had been the two previous nights.

Let's see if any new fines are pending.

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Barclays Center bass continues to penetrate neighbors' residences, 311 report ineffectual; garbage "shrine" at crosswalk

Well, the next test for leaking bass from the Barclays Center was to be the three-night Swedish House Mafia engagement that began Saturday night, March 2, and, according to preliminary reports, the problem persists.

As noted in an Atlantic Yards Watch post titled Bass issues continue, a neighbor at Dean Street and Fifth Avenue wrote:

Although it's not a surprise, bass is still leaking out of the arena. Guess fines and bad press aren't enough to force operators to fix the problem.

Another neighbor told me that the bass was even "louder than Sensation," the October dance show that was twice as loud as permitted, and which prompted a $3200 fine, subject of a hearing next month.

Arena developer Forest City Ratner has announced unspecified efforts to ameliorate the situation. What they haven't announced is the simplest tactic--turning down the sound--as it likely would alienate ticketholders.

Indeed, the concert Sunday night, March 3, prompted the first neighbor to comment again:

More bass from tonight's concert. Seems to be louder than last night.

A 311 report

A resident filed a 311 report (one of several) regarding the first concert but, as the screenshot below states, "The Police Department responded and upon arrival those responsible for the condition were gone."

Parking and garbage

According to another incident report regarding the first night, police had ticketed four cars in the North Slope, while three other cars were unticketed. However, there was a garbage problem:

Crowd of disturbingly underclad young people (it is cold out) finishing last minute drinks have deposited cans and bottles along Flatbush between Pacific and 5th at the light poles and tree. Photo of largest shrine at Pacific and Flatbush crosswalk. Photo at 9:20PM as crowd is just arriving. 

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Guess what: Atlantic Yards environmental review didn't assess whether arena noise might penetrate the neighborhood or adjoining towers (though some assessment was apparently done for business reasons)

How about that giant neighborhood sub-woofer, the arena that provoked a (proposed) fine for leaking bass?

It sure doesn't look like the environmental review for the Atlantic Yards project ever assessed the potential for arena-related noise--such as bass from the Jay-Z and Sensation concerts--to penetrate residences either within the project site or down the street, much less blocks away.

That's a lapse--apparently a permissible one--in the Final Environmental Impact Statement (FEIS). And it appears to be a flaw in the arena design--one that Forest City Ratner is apparently trying to remedy, though the developer won't issue a progress report yet.

Either way, the state override of zoning to place a sports facility up against a residential neighborhood surely raises the stakes, as does the plan for residential towers immediately adjacent to the structure. The latter plan, far more than a proposed $3,200 fine, is most likely to provoke adjustments.

You might think the pending, court-ordered Supplemental Environmental Impact Statement (SEIS) would require such an evaluation, but don't bet on it, since the only noise impacts assessed relate to traffic and construction.

City and state guidance apparently requires no evaluation of the potential for noise from a enclosed facility to penetrate neighboring buildings.

Why not? I'd guess because it's just not supposed to happen.

What the FEIS said

Chapter 15, Noise, of the FEIS, cited "noise attenuation values for new buildings... based on exterior noise levels," including "both project-generated traffic and construction." Not arena operations.

The "project buildings would include both double-glazed windows and central air-conditioning," both of which "would provide a minimum of 35 dBA attenuation," thus lowering interior levels below 45 dBA.

Neither double-glazed windows now air conditioning have stopped the bass from reaching arena neighbors.

There's no mention of stationary sources in the chapter, but, then again, the official guidance only addresses stationary sources that are open to the air, as noted below.

The project consultant

There are surely business reasons for the developer to analyze noise and vibration issues, and a consultant called Cerami states that it did so:

Cerami provided acoustical and vibration consulting for the new Atlantic Yards development in Brooklyn, NY which includes an 800,000 gsf multi-use arena, a mixed-use tower, three residential towers, and above and below grade parking garages, sited on approximately 7.25 acres.
The arena is set in a busy urban setting near the Atlantic Avenue-Pacific Street subway station and the Long Island Rail Road terminal in Brooklyn, one of the most transit-accessible locations in the New York City. Due to the location, vibration isolation was of the utmost importance.
In addition, it was critical that the residential towers be isolated both from train vibration, as well as sound breakout from, and into, the arena. In order to assess the noise levels from arena events, we conducted benchmark testing of a variety of event types from rock concerts to basketball games. Using this, combined with predictive software, we were able to to establish a baseline by which we were able to establish minimal criteria to provide appropriate sound for arena interiors, as well as facade, roof, and construction details to minimize impact to the adjacent spaces.

(Emphasis added)

That work, as of yet, does not appear to be super-successful. Or, perhaps, it's just stale. The Cerami web site states that the client was original architect Frank Gehry rather than Gehry's successors, Ellerbe Becket (now part of AECOM) and SHoP.

What the SEIS should cover

In her July 2011 decision on a challenge to the state's failure to study the potential of a 25-year project buildout, state Supreme Court Justice Marcy Friedman ordered "preparation of a Supplemental Environmental Impact Statement assessing the environmental impacts of delay in Phase II construction of the Project; the conduct of further environmental review proceedings pursuant to SEQRA in connection with the SEIS, including a public hearing if required by SEQRA; and further findings on whether to approve the MGPP for Phase II of the Project."

The key issue involves the impacts from delayed construction, not the impacts from an arena that sometimes operates as a neighborhood sub-woofer.

What's required

Such assessment of sound is apparently not required.

According to the CEQR (City Environmental Quality Review) Technical Manual, which "assists city agencies, project sponsors, and the public in conducting environmental reviews," the chapter on Noise (revised as of this June) does mention the possibility of Stationary Noise:

112. STATIONARY SOURCE NOISE
Stationary sources of noise do not move in relation to a noise-sensitive receptor. Typical stationary noise  sources of concern for CEQR include machinery or mechanical equipment associated with industrial and manufacturing operations; or building heating, ventilating, and air-conditioning systems. In addition, noise produced by crowds of people within a defined location, such as children in playgrounds or spectators attending concerts or sporting events and noise produced by concerts or by announcements using amplification systems, are considered stationary sources.

(Emphasis added)

Yes, noise produced by concerts would count. But lower down, the guidance implies that only outdoor events could cause problems:

While people are not usually thought of as stationary noise sources, children in playgrounds or spectators at outdoor sporting events or concerts may cause annoyance in communities. Instantaneous crowd noise levels at outdoor events may exceed 90 dB(A). In addition, measurements taken at 10 school playground sites in 1987 concluded that maximum Leq(1) levels at school playground boundaries in the New York City area are 75 dB(A). The equations for calculating playground noise may be obtained from DEP. Potential noise impacts due to amplification systems at outdoor concert or performance facilities, ballparks, amusement facilities, etc., may be avoided if the system is properly designed and operated (see Section 333).

Potential solutions

What are the solutions? Section 333 advises proper research:

In all cases, rather than using theoretical modeling techniques, it is preferable to use actual facility data. Therefore, if a facility comparable to the proposed project can be measured, and its levels can be adjusted to account for differences in conditions between its site and the proposed project site, that is generally a preferred modeling approach.

Or add something at the building to muffle the sound, turn down the volume, or even move "the source in question":

520. STATIONARY SOURCES
The most common mitigation measures available for stationary sources include exterior building attenuation (as discussed for mobile sources in Subsection 511 above), barrier erection (as discussed above), and noise control design on the source in question. Caution should be exercised when erecting barriers in New York City given the limitations mentioned above. In many cases, treating the noise source (i.e., providing baffles, silencers, mufflers, sound insulation, placing it within an enclosed structure,  etc.) may be the least expensive option. Moving the source in question so that receptors would not be significantly affected is also a potential mitigation measure. 

(Emphasis added)

In the 2001 Technical Manual, which was in force during the 2006 environmental review for Atlantic Yards, the chapter on Noise has the same text noted above.

No, "moving the source in question" is not on the table. They're not moving the arena. But perhaps some kind of muffler will be applied.

Forest City Ratner surely has an incentive, not merely to mollify arena neighbors but to ensure that future residents of towers adjacent to the arena--their future tenants--aren't outraged.

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Sensation dance show at Barclays Center in October was twice as loud as permitted, according to notice of (unresolved) violation; neighbors' complaints about pounding bass seem validated; Forest City trying to "improve" structure

Last October, the two Sensation techno shows at the Barclays Center were called an "epic night" by enthused attendees, but they drove neighbors nuts, as the bass penetrated their apartments blocks away.

"Can hear and feel bass from Sensation show at corner of St. Marks and 5th, and can hear it inside our home with window closed," one resident wrote on Atlantic Yards Watch. "Totally unacceptable, annoying, upsetting."

It sounds like such reports have been validated.

In a notice of violation that recently surfaced, the city Department of Environmental Protection (DEP) found a 72 decibel reading on 10/27/12. That, according to an expert I consulted, is double the permitted level of 62 decibels.

(The reading was taken at the Newswalk apartment building on Pacific Street east of the arena.)

Violation dismissed, hearing re-scheduled

Operators of the Barclays Center now face a $3200 potential fine--a relative slap on the wrist, given that the event proceeded without incident--but nonetheless some official attempt at redress.

However, the notice of violation was dismissed at a hearing last month because it was filed against Forest City Ratner, the developer of the arena, rather than an affiliate, Brooklyn Events Center, which is the operator.

The notice was re-submitted, and a hearing before an Administrative Law Judge of the Environmental Control Board has been scheduled for April 2 at 1:30 pm.

I queried representatives of the arena and Forest City Ratner, but got no response. A Forest City spokesman told the New York Post, not so responsively, “We are aware that there have been some complaints about sound and we are looking into those.”

Update: At a meeting of the Atlantic Yards Quality of Life Committee on February 7, Arana Hankin, the state official who oversees Atlantic Yards, said, "Forest City Ratner has been working diligently with their sound engineer to improve the structure so sound doesn't escape. It's a very complex process."

"Can you give us an idea of what you're doing?" one community member asked.

"Not yet," responded Ashley Cotton, Forest City Ratner Executive VP for External Affairs. She later said she didn't know whether the arena operator was contesting the violation. (Shouldn't they know?) 

But given that Forest City is building a 363-unit apartment building adjacent to the arena, the developer surely has an interest in finding a solution to leaking sound.

Part of a pattern

Map via Atlantic Yards Watch

Certain Jay-Z concerts at the end of September and early in October also prompted reports of pounding bass, turning the arena into a giant neighborhood sub-woofer.

However, when the DEP came to test during one Jay-Z concert, it did not find a violation.

As I reported in October, a DEP representative said they heard sound from the concert, which was perplexing, but didn't find a violation. However, as resident Wayne Bailey said at the time, “they didn't measure when the concert was playing.”'

Atlantic Yards Watch has compiled a map of the locations of 23 complaints lodged during the Jay-Z and Sensation shows, well beyond the radios of the arena into Prospect Heights, Fort Greene, and Park Slope. There were no complaints, for example, during the Justin Bieber shows, but the next noise test is likely the electronic dance group Swedish House Mafia, coming to the arena on March 2.

What it means: "clear violation"

"The citation shows a very clear violation of the stipulated noise limit," commented the expert I consulted, Robert Andres, INCE, Technical Advisor to Noise Free America, a nonprofit organization devoted to fighting noise, in response to my query about the Sensation notice of violation.

"A 72dBC reading represents 10 times the sound energy of 62dBC, but, as dramatic as that may seem, it is only perceived by the human ear as a doubling of the sound," he said. "This kind of thing usually happens when inexperienced, irresponsible and inconsiderate young people are left in charge of sound system volume controls."

In this case, it was the first Sensation show in the United States, but hardly produced by young people. It was presumably produced at the volume preferred by attendees used to such dance parties, with some relying on drugs like Ecstasy to power through the night.

Did those in charge care?

The first night of Sensation, 10/26/12, provoked complaints; as one commenter on this blog wrote:

Who do we complain to? I'm at 535 Dean and felt this about two blocks away at 2AM. I went to the police station and they said they'd been getting inundated with calls, but there was nothing they could do about it. I own a restaurant in Brooklyn, and if we were shaking our neighbors out of their beds two blocks away we'd be getting shut down on the spot.
As one cop said to me, "how do you file a complaint on a stadium?"

Early on the second night, at 7:45 pm on 10/27/12. arena CEO Brett Yormark claimed, "we are looking into it and we take the concerns very seriously."

Arena neighbor David Bivins tweeted at 9:12 pm that evening:

@MartyMarkowitz Please follow up on incredibly loud noise from Sensations at Barclays Center. It's unreasonable. They're a bad neighbor.

Markowitz, so far, has been silent.

At around 11 pm that night, a city inspector took readings that led to the violation.

ESD official in promo

As I wrote 10/29/12, the video below, taken from a canned promotional segment taped sometime before Sensation, includes enthusiastic words from show promoters and, astonishingly, the state official overseeing the Atlantic Yards project.

"Well, y'know, Brooklyn's a really young, hip, lively community," states Arana Hankin, Director, Atlantic Yards Project, Empire State Development. "We love to party and dance here in Brooklyn, and I can only imagine people will love to have Sensation in their backyards and be able to walk to the arena to party at an amazing event like Sensation. So I'm hopeful that folks will want to come back year after year."



As I stated, I don't think it was wise for Hankin to be promoting arena events, especially with such an unfortunate choice of words like "Sensation in their backyards." That's doubly true when her agency should be helping make sure arena operations don't boom into neighbors' living rooms.

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Video: state overseer for Atlantic Yards says "I can only imagine people will love to have Sensation in their backyards" (but no response yet on booming bass)

The Sensation EDM (electronic dance music) shows this past Friday and Saturday (Oct. 26 and 27) at the Barclays Center drew an international audience and, going by the six-hour video at bottom from the first show, lasted until 4 am.

The excerpt below, taken from a canned promotional segment taped sometime before the show, includes enthusiastic words from show promoters and, astonishingly, the state official overseeing the Atlantic Yards project.

Arana Hankin's effusiveness contrasts starkly with the inability or unwillingness of Empire State Development, the agency in charge of Atlantic Yards, to protect residents on blocks near the arena from pounding bass inside their homes, a repeat of impacts from the Jay-Z concerts that opened the arena and, by some accounts, even worse.

It strikes me as another example of the Culture of Cheating.

New York as destination

The first video opens with a few words from Sensation creator Duncan Stutterheim, "So I hope now with all our knowledge and experience that this is the perfect timing."

Then comes Live Nation New York President Jason Miller, who says, "One of the great things about New York as the destination for the premier edition is that we're so centrally located that it's as easy for someone to get on a plane from London or Paris or Amsterdam and fly six hours to get to the event, as it is for somebody to come from Los Angeles or San Francisco. So we really become kind of a central hub for others around the globe. So, it makes it cool and unique."



"We have this amazing opportunity to be part of a launch of a brand new facility, the newest, most state-of-the-art arena in the United States, be part of their grand opening and initial rollout of programming, one of the first events," Miller continues. "Once the light bulb went off for everybody, it was like, Of course. And Brooklyn! Let's not forget that it's in Brooklyn."

Dropped into Brooklyn

Brooklyn-born DJ Danny Tenaglia, with his outer-borough accent, then declares, "It's sensational that this is right here, right dropped in the middle of, like, a Brooklyn neighborhood. It's kind of overwhelming, actually. I guess if you would've told me that you were opening up a stadium here, I would've been like, How? How are they going to traffic the people and park the cars and all of that? But they did it."

They did it, of course, with a few side effects unmentioned by the next interviewee, Arana Hankin, Director, Atlantic Yards Project, ESD.

"People will love to have Sensation in their backyards"

"Well, y'know, Brooklyn's a really young, hip, lively community," Hankin states. "We love to party and dance here in Brooklyn, and I can only imagine people will love to have Sensation in their backyards and be able to walk to the arena to party at an amazing event like Sensation. So I'm hopeful that folks will want to come back year after year."

Sure, people who love EDM and are willing to spend $200 and up for a night of partying might love being able to have Sensation "in their backyards." Other people, not so much.

As I stated, I don't think it was wise for Hankin to be promoting arena events. That's doubly true when her agency should be helping make sure arena operations don't boom into neighbors' living rooms.

Nor has her agency nor the arena responded to community concerns, though Barclays Center CEO Brett Yormark, between the first and second shows, claimed, "we are looking into it and we take the concerns very seriously."

Most of the show

The video below from the first show starts at 10 pm, after pre-show DJs, and lasted until 4 am. Doors opened at 7 pm. It was a very long night.

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Sensation again pounds bass into residences, as arena CEO claims "we are looking into it and we take the concerns very seriously"

It wasn't likely that those behind the second of two nightly Sensation shows at the Barclays Center would turn down the music, and arena operators were not exactly able to retrofit the building.

So for the second straight night, residents even three blocks away heard and felt the bass. One resident posted on Atlantic Yards Watch:

Can hear and feel bass from Sensation show at corner of St. Marks and 5th, and can hear it inside our home with window closed.

Totally unacceptable, annoying, upsetting.

Tweeted Daniel Goldstein:

4 blocks away too. RT @lynfield: #barclays #atlanticyards the noise is coming into the house a block away - wow - just like jayz

David Bivins tweeted:

@MartyMarkowitz Please follow up on incredibly loud noise from Sensations at Barclays Center. It's unreasonable. They're a bad neighbor.

The arena brush-off

Barclays Center CEO Brett Yormark, responding to my tweet citing ""Loud, wall shaking noise from event" Again? Explanation?", claimed that "we are looking into it and we take the concerns very seriously." It didn't seem to help.

Nor did the arena's Community Affairs Manager and the Empire State Development's Government and Community Affairs Manager respond to queries I sent yesterday morning.

Yormark also added a personal dig: "As for you, you have no credibility with me." I was just the messenger on this, but I have long documented Yormark's not-so-credible claims.

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Attendees love first U.S. Sensation show; neighbors feel bass in their apartments, just like the Jay-Z show; where are government overseers? (saluting Sensation, actually)

Pic via @dancingastro

"No words needed," tweeted one attendee at last night's first-ever U.S. version of the European dance party Sensation, an event that drew people from around the country and world to the Barclays Center. "What an epic night."

"WEARING ALL WHITE AND IT FEELS SO RIGHT," another tweeted. "you were more than I could have ever asked for," added another.

Feeling Sensation at home

Neighbors near the Barclays Center also considered the concert an extreme experience, but in a different way: they cited bass seeping into their residences, as with the Jay-Z concerts that opened the arena, problems that provoked a belated response from the city Department of Environmental Protection (DEP) and no apparent action.

"Incessant bass from Sensation show from 9pm to time of report at 12:41," reported a resident of South Portland Avenue in Fort Greene, northeast of the arena, on Atlantic Yards Watch.

Another resident, even closer at Flatbush Avenue and Dean Street, cited "continued incessant bass," at 1:42 am.

Here's a report from 1:30 am on South Oxford Street northeast of the arena:

incredibly disturbing dance music that was so loud my noise machine and pillow on my head couldn't block it out. Even more disturbing was the stop/start nature of the noise. I couldn't believe how late this was going on. This was the first event that could be heard in our building, 212 S. Oxford St (at Atlantic.) This building has over 100 kids in it. This cannot be repeated...worse than the 24 hour work permit that we suffered through.

"Loud, wall shaking noise from event at arena" at 1 am, reported another resident of the building. Another report, from 1:30 am on Pacific Street east of the arena:

Bass was worst yet from Sensation show. 311 did take the report and someone from the 88th [sic; surely the 78th Precinct] called at 1:30 to say it was the Arena, and it was really shaking the precinct house, but there was nothing they could do about it. The officer did tell me that there was another show tonight.

Tweeted resident David Bivins:

@TishJames Anything you can do about the deafening noise from Barclays Center would be appreciated. It's after midnight.

The concert ran late, perhaps until 2 am, maybe later. (I'll update this when I learn more.) One arena worker reported a long shift: "I straight up worked 11hrs at #Barclays tonight for #sensation."

Any response likely?

Will there be any response, especially for tonight, the second of two Sensation shows? It's a good bet that the interests of the arena, and its operators, will again trump those of neighbors who didn't choose to live this close to sports facility that gains the benefit of a state zoning override. (Otherwise, sports facilities are banned from being within 200 feet of residential districts.)

At a meeting earlier this month on neighborhood impacts of the Barclays Center, Arana Hankin, Director, Atlantic Yards Project, Empire State Development, brushed off community complaints about the penetrative bass. "I’m confident that the work [DEP has] done was sufficient to date," she declared.

Last night, on the YouTube livestream of the Sensation show, Hankin appeared briefly in a pre-recorded introduction. As I tweeted:

Wow. ESD #AtlanticYards Director Arana Hankin on video promo: "I can only imagine people will love to have Sensation in their backyards" 1/2

She was referring to the accessibility of the show to fans in New York and elsewhere, but it was unwise cheerleading and had an unfortunate double meaning, as it turned out. I followed up:

Not sure ESD #AtlanticYards Director Arana Hankin should be promoting acts at#BarclaysCenter. Too many lingering oversight issues.

That was before I knew how bad the bass would be.

Early this morning, I contacted Derek Lynch of ESD and Terence Kelly of the Barclays Center regarding the noise complaints. (They're supposed to be accessible 24/7.) If/when I get a response, I'll post it.

Is it fixable?

I'm no expert on arena design and acoustics, but it strikes me that there are likely at least four factors at work, not all of them fixable:

1. the arena's placement in/near a residential neighborhood; that can't be changed
2. the arena bowl's below-grade location, which may hasten conductivity of bass; that can't be changed
3. the arena's internal soundproofing; that likely could be changed, but would represent an unanticipated, un-budgeted cost
4. the volume of arena events; that's surely adjustable, but that goes against the arena's business model, since the volume is obviously satisfying to event-goers.

Outside the Barclays Center, partiers on Sixth Avenue before the show, about 8 pm


Excitement under the oculus before the show


Trucks on the pad outside the arena on Dean Street, plus ambulances

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The Barclays Center as giant neighborhood sub-woofer: the rumble from Jay-Z concert continues, but 311 proves highly ineffective

Over the past several nights, during certain songs, the bass rumbles out from the Jay-Z concerts at the Barclays Center such that you can feel it on the streets and even inside apartments on adjacent blocks. The arena thus serves as a giant neighborhood sub-woofer, or a low-level volcano.

Everybody knows. The arena staffers working outside, the cops on the beat, the security guys at the nearby parking garage--they all, with a knowing wink, can identify the concert leakage.

So too do neighbors posting incident reports on Atlantic Yards Watch and contacting 311, which, as the screenshots below show, proves highly ineffective.

Operators apparently convey reports to the police who dutifully examine what is classified as "Loud Music/Party" or even "Loud Talking" (!) and, when the concert is over, determine "No evidence of the violation... police action not necessary." (Note the comment below that explains that the police don't have the equipment to address the issue.)

I spent some time yesterday in an apartment on Dean Street west of the arena, while others reported back east of the arena. The rumble is impossible to capture with my basic video recorder--more sophisticated sound equipment is necessary--but it was palpable.

Official query

I contacted representatives of Forest City Ratner and the arena operator. No answer. Ditto for the mayor's press office and Lolita Jackson, the official in charge of the "Day Two" Task Force, which is supposed to monitor arena impacts.

I did get a response from Empire State Development (ESD) the state agency overseeing Atlantic Yards, and the nominal arena owner. "The [city] DEP [Department of Environmental Protection] is involved and aware of this concern," responded Cassie Harvey, ESD Director of Public Affairs. "We will continue to monitor this issue and get back to you as more information becomes available." (The DEP should have the equipment to measure the impact.)

However, Jay-Z's final concerts are tonight and tomorrow. I'd bet nothing changes. After all, who has the power to tell Jay-Z to turn down the bass?

What next?

Turns out Jay-Z will be live-streaming his final concert, tomorrow night, on his YouTube channel. Some in the neighborhood, apparently, will be able to view it in a local version of Sensurround.

Other upcoming concerts won't necessarily pose the same volume profile, but I suspect that the Sensation electronica event Oct. 26-27 and the Nov. 2 Caribbean Fever will be bass-heavy--though the latter will be in the "Cushman & Wakefield Theater" version of the arena and thus have a smaller audience.

Also, the penetration of bass has to be a question for the designers and future residents of the buildings adjacent to the arena.

Incident reports

No 311 report associated with this one

The concert was over by then.

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Noise, limo parking complaints persist in blocks around arena, with no remedies (but still, an empty parking lot)

South Portland Avenue above Atlantic Avenue

For the fifth of eight Jay-Z concerts, held last night at the Barclays Center, residents on neighboring blocks again reported that sound and vibration penetrated their residences.

Also, while use of the surface parking lot was again slight (and an eyewitness reported no use of bicycle parking), numerous livery cabs and limos continued to idle or park illegally on area blocks.

(The photos were contributed by a Fort Greene resident.)

Expect more challenges with larger crowds expected at the Barbara Streisand concerts and Nets games.

Noise complaints

According to incident reports filed on Atlantic Yards Watch (1, 2, 3, 4, 5, 6):

• "Over 1 block away! I can hear & feel the noise!"
• "thumping bass sound coming into our apt. at 11pm"
• "Barclays concert noise; WHEN WILL IT END?"
• "Once again, the bass rumbling from the concert is clearly audible in my apartment a block away. even with the windows closed."

South Portland Avenue above Atlantic Avenue

Another resident called 311 but got nowhere:

The arena bass is once again audible, causing a rumble that can be heard and felt inside of our apartment. If the operators took the open night to try and implement a fix, it didn't work. Filed a report with 311 on Monday, and unsurprisingly the follow up said "The Police Department responded to the complaint and determined that police action was not necessary."

Concern about lights

Another complaint:

Every night the police have erected enormous flood lights on Flatbush (also on Atlantic) to enhance pedestrian safety. However, these lights are so bright as to irritate my eyes. They are tremendously intrusive even from 3 blocks away (6th Avenue and Flatbush, for starters). THey are an enormous blight on the neighborhood.

Cars vs. pedestrians

As I've written, traffic agents are waving Flatbush Avenue traffic through red lights to ensure traffic flow. According to this incident report, they're not always taking pedestrians in mind:

South Portland Avenue above Atlantic Avenue

As I was crossing Flatbush at the 5th Avenue cross walk, with the light, a traffic agent decided to wave traffic through but did not look to see that I and others were already halfway across. I had to leap back to avoid being hit, as the cars were both accelerating and moving fast.

I waited in the middle the avenue for the traffic to stop and felt lucky that it did.

I spoke with a patrolman on 5th Avenue who shrugged and joked about fine - tuning the traffic management rather than agreeing to tell the traffic agent to look both ways before unleashing a torrent of traffic against pedestrians lawfully and correctly crossing the very wide avenue.

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Again, concert noise from arena penetrates nearby residences; zoning override does not appear to include noise laws

It's an unanticipated impact of Barclays Center operations: a concert venue that leaks noise and bass so it can be heard and felt by neighbors. I reported yesterday about neighborhood complaints, and even heard/felt it myself, albeit from the street.

Three more incident reports on Atlantic Yards Watch, posted last night, repeat those concerns. One resident on Dean Street between Sixth and Carlton avenues reported:

The concert last night was clearly audible from inside my apartment, even with the windows closed.

Another resident, on Dean between Flatbush and Fifth avenues, reported:

For the second consecutive night the bass and music from the concert was audible inside of our apartment. Despite an email from the community affairs manager stating that they were investigating what caused the noise last night, there is no improvement. This is so frustrating and disheartening, yet I'm hardly surprised.

I'll query arena operators, as well, and report back any response. It would be appropriate for them to be proactive on this matter, but, then again, a fix might not be easy: they can't exactly install more noise-muffling panels overnight, but they don't want to turn down the volume on a Jay-Z concert.

Zoning override for noise? No

Lawyer George Locker (involved in previous Atlantic Yards cases, representing renters) commented:

I have litigated noise cases. I believe that the sound levels from Barclays Center are subject to the NYC Department of Environmental Protection Noise Code, with respect to commercial music. I do not believe that the zoning override to build the place also overrides current NYC Noise Laws. That has to be checked.
...Noise in excess of lawful limits can be enjoined in court. Under law, excess noise is a tort called nuisance.

According to the 2009 Modified General Project Plan approved by Empire State Development, the state agency overseeing the project, there's significant "Local Regulation Override" (p. 42) but no mention of noise. Those overrided include:

• Use Regulations
• floor area and open space regulations
• height and setback controls
• minimum distance between buildings on a single zoning lot 
• signage regulations
• parking regulations
• loading requirements for commercial uses
• Zoning Resolution special permit requirements to allow for a platform over or within a railroad right of way or transit air space to be included within a zoning  lot and used for development. 
• land use controls of the Atlantic Terminal Urban Renewal Area as they relate to Site 5 and Site 6A
• the restriction on the use of streets... as it relates to Pacific Street between Flatbush and 6th Avenues, 5th Avenue between Flatbush and Atlantic Avenues. Pacific Street between Vanderbilt and Carlton Avenues and an area underneath 6th Avenue between Atlantic Avenue and Pacific Street. 

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