Noise hearing held in Summit Hill

A hearing conducted by the Pennsylvania Liquor Control Board was held in Summit Hill on Tuesday morning to determine whether noise complaints at licensed establishments should be enforced by the borough police or the PLCB.

Presently, through previous approval by the PLCB, the borough has an ordinance to address such matters.

The borough received authorization from PLCB to handle the complaints in 2014, but periodic renewal of such permission has to be granted.

The hearing was conducted by Charles Gibbs, PLCB hearing examiner. His recommendation will come after reviewing the testimony and evidence taken during the hearing.

All of the testimony centered on the Batter’s Box, a sports bar and restaurant at 10 Lehigh St., even though there are eight PLCB licensed businesses in the town.

A neighbor to the Batter’s Box, Lawrence Recla, voiced support for the PLCB taking over noise enforcement and complained about noise from the establishment.

He also said of the business’s owner, “Do I like the man? No.”

The business owner, Dan Matika, told Recla, “I do not like you, either.”

Matika and another neighbor of the bar, Michael Comisac, testified in favor of the establishment.

Comisac said he never hears noise from the Batter’s Box.

Chief of Police Joseph Fittos Jr. said he hasn’t had complaints about the noise at Batter’s Box since 2014, and they were from Recla and proved to be unfounded.

Fittos was the first person to testify, saying of the Batter’s Box, “It’s not what I would consider a nuisance bar.”

In 2014, he said, he received four complaints by Recla, none of which warranted citations to Matika.

Recla said, “I will grant that Mr. Matika has completed a lot of work,” installing an air conditioner and keeping windows to the establishment closed when there is entertainment.

“It’s the entertainment out on the deck,” Recla said.

“I don’t think it’s fair to infringe on my right to life,” he said.

He said the borough ordinance specifies a fine of only $50 for violation to the noise ordinance.

Also regarding the ordinance, Recla said, “My hands are tied.”

He said the only way there can be enforcement is “unless you set off sticks of dynamite” after 11 p.m.

Matika testified he has owned the bar for the past seven years and before that, “it was a problem bar.”

He said the first two years of ownership were more successful than he had anticipated and because of large attendance and the lack of air conditioning, there were times when patrons opened windows.

Improvements made include installing an air conditioner and adding a $60,000 deck.

Music on the deck includes a DJ or acoustic performer and occurred about eight times during the past summer. He said such entertainment is held only between 6 and 8 p.m.

“Nobody’s ever complained about it,” he said.

He said many fundraisers occur through his sports bar.

“It’s not a bad bar,” he said. “It’s not a nuisance bar.”

Matika said, “Without that bar, it would be a big loss to the community.”

He said when he first purchased the bar, sales were about 70 percent alcohol and 30 percent food. He said now it is 60 percent food and about 40 percent alcohol.

Comisac was the last to offer testimony.

He said he’s a neighbor of the Batter’s Box.

“Unfortunately, I haven’t heard any noise,” he said, explaining he would enjoy hearing the music from the deck. “There are people who live in this community who wish they had that.”

He said the only music he hears is when bands play at festivals numerous blocks away.

Comisac said his mother moved to Lansford where they have weekly music in the borough park during the summer.

He said he would welcome such music in his neighborhood.