Some press on in battle to quell restaurant noise BY VINCENT TODARO Staff Writer SPOTSWOOD - Despite a recent court decision, neighbors of the Kabaret say noise from loud music continues to be a problem. Polonia Street resident Fred Marshall said he pressed another complaint against the restaurant-nightclub in September, weeks after Kabaret was fined $2,000 by Municipal Court Judge Ed Herman on a nuisance violation. The Summerhill Road establishment is appealing that ruling, and the matter was scheduled to be heard in Superior Court in New Brunswick tomorrow. Though Marshall is continuing the fight, some of the neighbors who have complained to the police and Borough Council about late-night noise have given up. Sara Beth Grossman said she intends to put her house up for sale, though she is worried the situation has affected property values. "It's still bad," she said of the noise. "They pump it every weekend." Herman not only found that Kabaret violated the nuisance ordinance, he ordered the club to shut the music off after 10 p.m. "The homes filter out the ambient noise and just that bass noise transfers through the walls," said Borough Council President Curtis Stollen, calling the situation "torture" for the residents. He said he feels for them and believes they are being honest about the situation. If such activities were occurring at a residence as opposed to a commercial establishment, the town would have stopped it already, but Stollen said it is harder to stop the actions of a business, Stollen said. Residents have signed numerous complaints over the past year, and they've been critical of the borough's response in terms of police and court action. Councilwoman Marge Drozd said that some police officers substantiated the more recent complaints, which played a role in Herman's ruling. She said the town needs such commercial ratables as Kabaret, but that residents "have a right to live in peace." Kabaret's manager, Neil Aydin, has argued that the restaurant plays music at a low level and that he does not understand the complaints, even suggesting that neighbors have complained when the club was closed. Aydin said the club has tried to "be nice" and to reach a compromise with residents. Though neighbors agree the noise remains a problem, Marshall said it has not been quite as bad recently. Marshall's most recent complaint went to court Oct. 10, and Herman told him he could go through with the case or wait until the Superior Court decision. Marshall decided to wait. Grossman has no faith the matter will be resolved. "I don't feel like getting involved anymore," she said. "What's going to happen? Nothing." She even feels the Superior Court will overturn the municipal decision. "We wasted all of our time," she said. "It's an endless battle."