Amy Brentano of The Foundry in West Stockbridge speaks during a special permit hearing this fall. On Monday, she secured that permit from the Planning Board.
WEST STOCKBRIDGE — After weeks of public debate, the West Stockbridge Planning Board on Monday granted The Foundry a new special permit to present musical events, provided it monitor sound levels and keep them within limits.
Amy Brentano, owner of The Foundry, characterized the conditions as strict, but expressed relief and said she hopes to reopen her business in early 2023.
The decision is a setback to Truc Nguyen, owner of a nearby restaurant, Truc Orient Express. Nguyen has repeatedly said that excessive sound from the venue harms her business. She declined to comment after the board’s vote.
The decision ends more than 10 hours of animated discussion over five hearings. During the session Monday, the board’s chairperson, Dana Bixby, used the gavel to quiet unruly discussion, including instances of speakers showing disrespect for others. When the vote came, people in the audience applauded.
Truc Nguyen, owner of the Truc Orient Express restaurant in West Stockbridge, speaks at a public hearing in August 2021.
The application by The Foundry revealed divisions in the community, as people spoke in favor both of Brentano and Nguyen.
The question of how to measure sound levels consumed hours of discussion late this fall. Some people who participated in the hearings were dismayed that the question appeared to turn into a popularity contest. Citizens were asked by the Planning Board to speak in favor or against granting the permit.
The conditions set by the board are more strict than last year’s special permit.
The permit allows The Foundry to continue to present the same programming, including “live music of all genres.”
All conditions were backed by at least four members of the five-member board. Member Gunnar Gudmunson asked, unsuccessfully, for opportunities to review the permit, if issues were to develop.
Brentano must monitor sound levels with properly calibrated equipment at all performances and keep them within boundaries set by the permit. That includes outdoor sound measurements at a Harris Street property line.
In April through October, The Foundry can hold up to four outdoor events on non-consecutive days, in the time frame from 10 a.m. to dusk, subject to an entertainment license granted by the Select Board. Those events must be monitored for sound levels, the conditions say, with that sound falling within limits.
“All setup of sound equipment outdoors shall be done so that sound is directed away from residential neighbors and arranged for reflection of sound to be away from residential neighbors,” the conditions state.
If violations of permit conditions are alleged, The Foundry must produce written evidence of its monitoring results within 48 hours to the town’s zoning enforcement officer.
The rules do not apply to outdoor amplified music at the West Stockbridge Farmers Market, held on land known as the Foundry Green.
Aside from sound issues, The Foundry must take “reasonable steps” to control parking and to prevent “parking trespass” on nearby property.
If The Foundry is sold, the special permit expires. It applies only to the venue’s operations by Brentano, one condition says.
About 50 people attended Monday’s hearing, with 25 more tuning in through Zoom.
