City June 17, 2009 12:00 AM

Bright Lights, Big City

Bright Lights, Big City

Neglectful property owners and an aging housing stock make for a busy City Housing Court docket.  Raggedy stairs.  Missing roofs.  Dangerous porches.  Bright lights.  Bright lights?  Yepp.  Sal Zambito, a principal with Sunset Bay Park, Inc. which converted the apartment building at 65 Whitney Place in the Historic West Village into six condominiums, is heading to housing court over a light illuminating the building's parking lot at 239 Carolina Street.  Did someone say real estate investing is hassle-free?

The complaint, written by Building Inspector Lou Petrucci lists only one count, specifically, Buffalo Code B165.26 Area Lighting Affecting Neighbor. 

The offensive light is a 400w commercial light with a short visor on it.  It is approximately 80 feet away from the houses on Johnson Park where one of the owners has complained.  The light shines across the backyard of The Whitney, across an empty lot at 237 Carolina about 30 feet, across the new parking lot at 239 Carolina about 28 feet, then into the back of the houses on Johnson Park. There is a collapsing graffiti-painted concrete block wall which separates the parking lot from the backyards on Johnson Park.

whitney.png

"I went to city hall on Friday and received a copy of the code which I believe is vague," says Zambito.  "I'm still unsure as to what is required by the parking lot variance."

According to Zambito, "Lou has been helpful but stated he 'spoke to the principals of the corporation twice asking them to adjust the lighting.'  He did not."

"I met with Lou last Tuesday night and tried to settle the issue with the neighbor but I'm not sure if the case is dropped," says Zambito.  "Certainly my company wants to be a good neighbor but we also agreed to light the parking lot when our variance was granted."  

Zambito, who has over fifty city property rehabs and sales under his belt, understands the straying light needs to be corrected.  One neighbor described the light as "extremely bright" and "Close Encounters-like" inside one of the homes.

"We changed the lighting fixture completely from a white light to an amber one right after a complaint was made," says Zambito.  "We have also pointed the fixture down and put a visor on it.  The longer temporary visor fell off since the meeting with Lou so the neighbor has been calling me again.  We've ordered a new visor this past week but it hasn't come in yet."

Somehow the annoying light even got onto Assemblyman Sam Hoyt's radar.  Hoyt texted Zambito two weeks ago seeking information on the bright bulb. 

It is just another headache for those trying to do the right thing in Buffalo.  Arraignment of Florida resident Zambito is scheduled for July 6 in front of Judge Nowak.

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Weird... it's a light in the city of light! I guess I can see how this can be annoying shining into your window in a residential neighborhood. But it seems a little harsh...

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Does BR write these types of articles to try to justify breaking the law? Or are we trying to point how unpleasant it is getting caught breaking the law? Is it supposed to be a pleasant experience? Is this a bull**** law? ( I personally don't think it is) How do we make this better process? I can't tell.

I know if I get caught speeding they give me a ticket. Even if I didn't know the speed limit. Then I go to court and pay. I also one time didn't know I parked on a bus route street after what was it nov 15 and got a ticket for that. Isn't that the same sort of situation?

Pay the fine, put a visor on the light so the light extends the length of the parking lot, maintain the light, live happily ever after.

Or is this another....
http://www.buffalonews.com/entertainment/arttheater/story/702884.html

That's a pretty different story than what was posted on BR weeks ago.

These types of laws are not unique to Buffalo. Getting fines and tickets is upsetting, yes, but it is also a learning experience.

Sounds like poor Lou is a little overwhelmed.

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As a new resident of 65 whitney, I can empathize with both sides of this situation. The bright light is an unfortunate situation for the residents of Johnson Park, but does this really belong in court?

My master bedroom is at the rear of the building, and the light initially caused me some irritation, too. There is also a large, city street light in the front of the building on Whitney that completely illuminates my kitchen. I don't even need to turn on my kitchen lights when fetching a glass of water at 3 am.

Solution: window blinds/curtains. It was amazing that after some basic window treatments, the problem was solved.

Secondly, lighting of the parking lot is absolutely required in this neighborhood. It is on the road to gentrification, but it isn't there yet! I have no desire to walk out to my car at night, or return home from work in the evening to a pitch black parking lot. There is insufficient city lighting on Carolina to provide a safe level of illumination to the parking light, without additional lighting.

I hope that Sal can reach a suitable agreement with the complainants with this lighting situation. It is unfortunate that it has bothered neighborhood residents, but this shouldn't hinder economic developments in downtown Buffalo. This is a completely ridiculous situation that should have been dismissed from the courts.

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Until one's darkness has be invaded by another's over-lighting it may be hard to understand the anger it can cause. We used to live in N Buffalo and a new neighbor moved in next door. She cut all the shrubbery and installed a hideous 'street-sized' light between the houses (which are maybe 25 feet apart) Our entire dining room became fully illuminated in a most unpleasant way. Although we maintained otherwise good relations with this neighbor, we had more than a few words with her over this and had to resort to calling city hall. City hall agreed it was too much. The light was removed. Here's to discreet, directed, or at least motion-detected lighting.

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I am so steamed about this, I have to say more...

1. This isn't a clearly defined legal issue. If it were, then it wouldn't be going to court for a judgment.

2. If bright lights bother you, then install curtains like any civilized human being.

3. Do you prefer dark urban alleyways and parking lots, rather than lighting them? Do you prefer the cost of a rising crime rate in your neighborhood and a negative impact on property values, or to buy curtains? Which is more cost effective.

4. If it is too bright, move to Orchard Park. I hear that it is quite dark there.

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in response to getzvillain, i agree that perhaps there is a compromise that can be made. i think that a better location and aim for the light can be found. Perhaps it should aim towards Carolina, instead of the rear of the homes on Johnson Park?

A motion detector is an option, but it is likely to get turned on every 5 minutes by pedestrians. Also, it is more distracting to have a bright light flickering on and off, as opposed to having it on constantly.

I have noticed that many of the Johnson Park homes facing the parking lot don't even have curtains in the windows, and a couple are undergoing renovation. Who is complaining? I really don't understand why they don't have window treatments LOL!

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"c4h5n20" - this is certainly a clearly defined legal issue. Look it up in Buffalo's charter or the codes of other municipalities. I'm not a lawyer but know that courts are frequently involved in rulings on statutes.


Municiapal laws against "light trespass" are common. Lights should be aimed DOWN, never horizontally or partially horizontally. The illumination should stay on the property of the light fixture's owner. We had a neighbor (3 doors away) with a 175W "security" light on her garage. The glare from the light from while sitting on our patio at night was extremely annoying. Too long a story but she eventually purchased a different light and moved it.


Brighter lights cause darker shadows. Brighter lights cause more glare making it more difficult to identify a person if that person is between you and the light.


"Wall Pack" lights such as are attached to the HSBC Bank at Elmwood and West Utica are extremely annoying to pedestrians - far too much glare. But it is a bank and it is easy to convince people that these obnoxious lights will make the place safer when they will simply make it more difficult to see clearly because of the glare.


Unfortunately good lighting is expensive. Raising a light high so pointing it down is effective is more costly to install and maintain. More lower wattage lights can distribute more even lighting without glare but again it is more expensive.


I haven't checked the Orchard Park codes but I'll bet (seriously) they have similar laws. No one in Orchard Park is going to want to sit on their deck while a neighbor's light is glaring at them.

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This is a courtesy situation. They are allowed to install lighting for their parking lot but not in such a way as to lower the quality of life for their neighbors. Effects that cross property lines are the basis for ALL zoning and land use laws out there. He should have thought about this before buying and installing lights that would have effected everyone around him.


Sorry, he is in the wrong here, not in what he did.. but how he did it. I do hope he resolves the issue before any further fines or problems. Odds are he did the cheapest thing possible. Install a light on the back of his building and shine it outward. All this could have been solved with a little forethought and not what is easiest \ cheapest.

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Whether there is truly a light pollution issue will be left to the judge. Just because someone complains, it isn't automatically the Whitney's fault. The residents of this neighborhood are quite persnickety about a lot of issues. They have complained about the light for a while, and Sal has made a couple changes to the bulb and it's angle. It is a light, but it doesn't cast anymore light than the city street lights.

I completely expect that the light may have to be moved or adjusted. At least, we will have a judge ruling on what needs to be done, and the neighbors will be appeased, even if they don't like it.

I hope the parking lot is finished soon, so I don't have to park on the street. I have had other JP residents complain about where I park my car legally ON THE CITY STREETS, because they assume that they are assigned to them, because it is in front of their house. Next, I expect to receive complaints about walking on the sidewalk. The fun of living downtown :)

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c4h5n2o, I certainly can understand your loyalty to your landlord. Sal and Tim are great guys and we welcome their work in the West Village.
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When I first heard of this issue I was dubious. I spoke with Sal and suggested either a light filter or screen to protect the residents on JP from the light and glare, espcially during hours of sleep and rest.
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Recently, I was over a neighbor's house that has had some issues with the light. We sat in her yard and she pointed out a large outdoor umbrella friends had given her to go over her window as additional shade from the light. When I left, it had become dark out and as I was going through her living room she told me to stop and turn around. Even with the umbrella and blinds, the light was extremely bright and I could just imagine trying to sleep on a second floor.
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Another neighbor has wooden blinds in her bedroom along with light draperies - still the light shines through - not as a beam - but certainly brighter than subdued lighting in a room.
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There are others it affects, but why continue the discourse? These folks have come into a very rough area, much rogher than when Sal and Tim came in last year or so, and truly pioneered the revitaliztion of it. We just need to be good neighbors to one another. You started out with your fist post - very understanding - very soft, now that has changed. Let's go back to working out a solution rather than bickering.

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Very well-stated :) I agree that we all need to be neighborly, and I hope that the light situation improves from everyone's perspective. It is a lovely neighborhood, with more potential. Everyone just wants to improve the quality of life, and is passionate about preserving their privacy in such a tightly packed area.

replied to MRodgers
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For the neighbors sake, hopefully the judge won't rule that the light should just be colored red.

http://www.youtube.com/watch?v=LUvzzEtNevY

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Why should the recipient of the light pollution have to do anything, like erect different window treatments? Shouldn't it be the offender who has to take remedial action?


And for those with the glaring street lights: the local tradition here in Parkside is to cover the offending portion of the globe with black spray paint. Hardly noticable to the casual observer, but very effective in reducing the intense light glare that can be produced.

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The streetlights were installed on Whitney about a year or two ago. The reason was that, before the new lights, there were Cobras whose light was covered by the trees. The streetlights are much lower in light than the parking lot light. And, Whitney finally has enough caste to it to protect those walking on the sidewalks.

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As a Buffalonian born and raised, and looking to move back to Buffalo(funny that the house the wife and I found is within a block or two from this area) I like the idea of light for security. Change the light bulb to a lower watt. Or have people close their blinds or install them. Or, better yet both parties do their part. Is this really an issue in a city of issues? Is there not something else we can bicker about that would have a true effect on the city of Buffalo? Just my thoughts. I look forward to buying my house in this area and rehab the sucker. I look forward to meeting the neighbors. Just seems like there must be an easy compromise to this situation without having to go to court.

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Being from Orchard Park i can say "yes", it is dark.I use to live in Lackawanna. Gross. So bright and so noisey. I had to go, so i left. But if you live in a city ,you have to expect it to be bright. If you dont like it.....leave. Any suburb would be glad to tax the hell out of you so you can have your precious darkness. Johnson Park.........eh

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in film/video lighting, and also concert lighting, you have adjustable metal flaps on the sides of the lighting fixture called 'barn doors'. find or make some barn doors that fit this lighting fixture and adjust the metal flaps to limit the throw of light past the parking lot, this should be done at night obviously to see where the light falls. once the barn doors are adjusted to create a shadow at the neighbors property, spot weld the barn doors in that position so they stay fixed.

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Just to clarify, and to repeat what was stated in the article above, there have been a couple modifications to the light installation due to neighborhood complaints. This include lowering the wattage, and changing the bulb color from white to amber. Additionally, there is a cover on it designed to aim it lower to the ground.

I am sure that the building owners will work this out with the neighborhood. I think everyone wants to put this behind us. THIS ISN'T EVEN NEWSWORTHY, and I can't believe Buffalo Rising published this innane article :)

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I live at the beginning of Whitney Place and both my neighbors on either side have motion flood lights that are constantly turning on and off. I honestly am not bothered by it and am now used to it eventhough it lights up my whole first floor. It makes me sleep better knowing that my whole property is illuminated and hopefully will deter any would be burglars. I agree to just add blinds as well as redirect the light.

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I agree. Without a doubt, lighting is a requirement for safety and peace of mind. I agree that lights going on and off can cause irritation, but not any greater distraction that the existing city street lights, which are very bright. I think that anyone living in the city is going to have to struggle with light pollution to some degree, so I both sides of this debate will have to compromise. It took me a while to get used to all of the lights downtown, compared to the relative darkness of the suburbs. As I've said before, window treatments have completely alleviated all discomfort from the city lights.

replied to brownteeth
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my parents live next to a wilson farms. they had a light in the back of their store to deter delinquents i guess. it shone through my bedroom window driving me insane when i tried to go to sleep. so i'd throw rocks at it trying to break it. never did. guess thats why i played hockey and not baseball. it didn't deter delinquents from loitering either.

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So sad that people think that bright lights actually deter criminals. Where's the evidence?

Extremely bright lighting deters all forms of life, except, perhaps, those intent on hurting others.

It might be better to accept the cover of darkness.

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really? I presume you are talking about a parking lot somewhere else. This is a borderline, good/bad, up-and-coming neighborhood, and not a cul-de-sac off of Nottingham Place. Just a few weeks ago, this parking lot was overgrown with weeds, broken bottles, and a common meeting place for the less respectable citizenry of Buffalo. Not only do I think it needs to be lit, but frequently monitored. I hope no one objects to security cameras, either. You can't expect young urban professionals to dump a load of $$ on a new condo, and park their BMW/Lexus/Mercedes in a dark, unsecured parking lot. Just my opinion!

replied to queenie
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I feel a need to respond since I am one of the people most bothered by this "light. I thought I would include a picture of the light as it shines into my living room, and my bedroom is equally as bright. I hope in the future, "BR" would think to interview both parties involved, when writing an article such as this.
First, I have owned my present home for almost 20 years, and have lived in the neighborhood for over 30 years.I actually purchased my home from Sam Hoyt,as he has many connections in this neighborhood. i don't think I could possibly refer to myself as "persnickety," for I have lived through more in this home then most would even imagine, in these 20 years. The reason the lot between 65 whitney and myself is vacant, is because the apartment building that was there burned. Two men died in that fire! I also experienced the house directly next to me burning, after it had been taken over by neighborhood drug dealers. I was the one who called the police the night the West-Side market was robbed, after the intruder had been shot. I could continue but i will not. None of these incidents would be enough to drive me out ( to the suburbs). I beleve in this city, and want it to thrive. I am so happy that there is development and progress being made. I of course want my own property value to increase also. Unfortunately, I would not even be able to put my house on the market with the present situation. Let me emphasize; This is NO STREET LIGHT!!! I also tried from the beginning to contact Sal directly.As he said, He did change the light to this present light. The original light was so bright, I couldn't see the person sitting in the chair next to me in my living room. When lou Petrucci,came to my home,I said;"You proably thought i WAS JUST COMPLAINING."He responded that often people tend to embellish in these tyes of situations, but he could see that I was not exaggerating! He immediately said he would write it up since it was clearly breaking a city ordinance. It seemed to Lou to be a simple fix, never thinking it would have to go to court. I knew form my conversations with Saskl however, that it was not going to be so simple. He wanted to light up his parking lot, which had yet to be built at the time, with the light. for three months he did not respond to our requests. Lou had no choice but to write it for court. Finally a response!!!After sal, Lou, Tim, and the electrician, put a shield and angled the light, I felt immense relief for one day!! It lasted one day!!!Then the light was once again shining, now for 24 hours a day!!!It is blinding even in the daylight! yes, they once again heard from me. This is a VIOLATION OF MY LIFE!!!!it has caused me IMMENSE ANGUISH!!!I simply want it to be resolved, and know that it will be a lasting solution! An apology would also be nice!
I believe our city will become prosperous when the leaders in all areas of society,truly value the lives of each indiviual person!

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Dear neighbor,

I am very sorry to learn that the light is causing that much discomfort. I didn't personally install it, but I do hope that we can all live happily in the same neighborhood. I'm sure you understand the importance of having a well-lit parking lot. Hopefully, some adjustments can be made that reduce the leve of inconvenience.

I am sure that we all agree that the new parking lot, and condo conversion at the Whitney is a significant improvement over the dark, garbage-filled lot that it was before.

Johnson Park residents are persnickety, but that is a good thing for the most part. It is a lovely neighborhood and you have to take a stand to maintain a beautiful neighborhood.

replied to l51a26g10
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Has anyone else actually walked up Whitney Place from Chippewa Street, along Carolina Street over and up to 102 Johnson Park (across from The New Phoenix Theater) just after 10 PM last night?

I've heard that the light in the back of The Whitney Condos wasn't even on.

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Yes,
timatbuffalo,
The light has been out this week. Very convenient since all this attention has been focused on it this week. How interesting that you pointed that out. After 3 months, i have wondered why this week the light is finally out. i wonder how long it will remain out? It appears that the new shield has been placed on it although it was not on last night . I do hope this situation has been resolved!

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Okay, okay, okay. To both timatbuffalo and l51a26g10:
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If the shield is in place and l51a26g10 has commented how the redirection of the beam and the shield was a positive change for the one evening it was on, then why not use the same formula that seemed to disuade further complaints?
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Here's what would happen in court:
Complaint is read, defendant comments and answers, complainant comments and answers. If the issue has been resolved before the court date, the case could be closed and marked as in compliance with code. Sure, the defendant may be handed a CD (conditional discharge) that might state the light must remain in compliance with code, but isn't that better than the verbal picket fence that is occurring here?
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Give each side a chance to come to a meaningful resolution. Work with one another. The folks that own the properties on JP have lived there many years - some over 20 years, others 10+, the Whitney adds positives to the neighborhood. Both sides must be heard and a solid compromise along with equitable code enforcement must be developed.
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This is a no-brainer, folks. Just mutual respect.

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