ORANGE BEACH, Ala. – With one controversy out of its hands but not out of the way, the Orange Beach City Council now goes headlong into the issue of noise from a proposed restaurant.

Developer and property owner Mark Goldstein of New York has been trying for years to develop the Amber Isle planned unit development. He went before the Planning Commission in February to add a restaurant to the complex.

The first public hearing on the proposed changed came on the heels of the City Council’s vote asking developer Brett/Robinson to pay for public benefits in conjunction with the Phoenix West II condo development. The company’s lawyer said a lawsuit on the city’s action will follow.

To start the meeting, there was a standing-room only crowd in attendance.

A spirited discussion about noise from the proposed restaurant followed. Eddie Spence, who is co-owner of 13 Shrimp Basket restaurants, Mikee’s and The Steamer in Gulf Shores, wants to operate a Bob Marley-themed restaurant on the site.

The addition to the PUD would include a 13,000-square-foot open-air restaurant. There would also be a 6,700-square-foot Ron Jon Surf Shop retail store. The hotel would come in phase II with a four-story, 150-room building and a 4,300-square-foot meeting facility.

Nearby residents opposed the restaurant because of noise concerns and the amendment to the Amber Isle Planned Unit Development was voted down 4-3 in the planning commission. The property Is located on beach road directly south of the Gulf State Park campground.

South of the site on the beach side of the road are single-family beach houses. One of those homeowners is Planning Commission Chairman Al Bradley. Both Bradley and his wife Linda spoke out against the restaurant locating across the street from their home.

As did Cecil Young. Most humorously.

After several employees, many from Pensacola spoke about their working relationship with Spence and his successful restaurants, Young took his place at the podium. Several council members also acknowledged Spence’s integrity and business acumen.

“Is everybody that wanted to talk from Pensacola done before I speak?” Young asked, prompting laughter.

Spence has said the location for the proposed restaurant is the best spot in Orange Beach. It is also right across the street from Young’s home.

“I appreciate that man telling me I have the best spot in the city of Orange Beach and I intend to keep that,” Young said.

On Monday, Spence and Goldstein hired an acoustics expert to conduct a noise test in the area, blaring a Bob Marley tune out of large speakers.

“We had a test by my house, right across the street,” Young said. “We went back to our kitchen and we heard boom, boom, boom, boom. And that was in the middle of the day. We’ve got a little town here and we want to make money, but our residents come first in this city.”

Young said his wife’s family has been in Orange Beach since the 1930s and he acquired the beachfront property in 1953.

“If I start hearing it, I will be calling the police and I won’t put up with it,” Young said. “I’ve paid my dues and I got my home and I admire you for wanting to do it and I don’t blame you a bit. But I can assure you I don’t want to hear the noise.”

Councilman Jeff Silvers asked Young, “do you have a problem with the venue?”

“Well,” Young said, “I have a problem with everything," prompting more laughter. "And I don’t want to be subjected to noise the rest of my life here. I want consideration for y’all to leave us quiet and peaceful where we live.”

Council members requested more testing to be done at night when there is less “ambient noise.”

“Until we see those night-time tests, to me this doesn’t tell me anything,” Mayor Tony Kennon said. “At night we know everything is louder, everything is more of an irritant.”

Goldstein said he would pay for a night-time test, but requested all council members be present.

Councilmembers Pattisue Simpson and Brett Holk said if buildings and other structures were in place that would help muffle the noise.

“I can only benchmark this to a certain degree without the structures and all these other things that would be a factor,” acoustics consultant Chuck Walthall of Pensacola said. He was hired by Goldstein to conduct the testing.

Goldstein told the council that he cannot get financing to build the hotel until work is started on the restaurant and surf shop. He is planning to pay for those two properties out of his own pocket.

“They want me to put my money where my mouth is,” Goldstein said.

His lawyer pointed out all the amenities Goldstein has already provided for the city. Richard Davis said Goldstein has paid impact fees of a quarter of a million dollars and donated 32 acres of land on the part north of this property.

Davis also said Goldstein established easements, set up the trailhead on Perdido Beach Boulevard for the Backcountry Trail and built the restroom facility there.