West Stockbridge — After a series of five contentious public hearings spread over two months and totaling nearly 14 hours, the town’s Planning Board approved The Foundry’s special permit application on December 5.
One day after the application was approved, The Berkshire Edge made a Massachusetts Public Records Request under Massachusetts Public Records Law (M. G. L. Chapter 66, Section 10) for a copy of any deliberations and communications made via email between members of the Planning Board concerning special permit application. On Tuesday, Dec. 27, The Berkshire Edge received a 257-page PDF file containing emails from Planning Board Chairperson Dana Bixby.
Pittsfield attorney Mitchell Greenwald, who represents neighboring property owner Truc Nguyen, made a similar request on December 9. Bixby forwarded to The Edge an email she sent to Greenwald where she wrote that her communication with Town Counsel “is privileged and not included” in the PDF file of emails.
Some of the highlights of the PDF file include:
On November 7, Chairperson Bixby wrote an email to the board about developing a sound bylaw for West Stockbridge. “I do not expect to talk in detail, but rather to try to talk about what we ought to be looking at prior to a future regular meeting when we can make an agenda to talk about this in more detail,” Bixby wrote. “If there is to be a sound bylaw for the commercial district (and maybe the whole town, or maybe not at all?) then it would be something that would apply to all equally.”
On November 11, Bixby sent the board members an email with documents concerning Balderdash Winery in Richmond, and the Egremont Barn. While the documents themselves were not part of the PDF file, Planning Board member Gunnar Gudmundson sent an email to the rest of the board about the documents. “It was interesting to see that in Richmond they are willing to consider the effects on residents over 1,000 feet away,” Gudmundson wrote on November 18. “They did place some detailed conditions on the outside performances. Such as 89dB max at 3 feet in front of speakers, sound curtain barriers, speaker orientation, and most notably, no drums, bass guitars, electric guitars, or horns at any time. Also, no amplified music anywhere on the property after 8 p.m. Also of note is that Balderdash will monitor and keep records of the dB levels of amplified music for compliance. The Egremont Barn Special permit is also interesting in that they went so far as to specify acoustic music only, with minimal amplification. By no more than five players and only certain genres. And only inside the building. These are both interesting precedents in our area relative to the effects of high-level sounds on residential dwellings.”
Gudmundson sent an email to the board on November 18 with a list of sound-level regulations from surrounding towns. On the same day, he also sent an email to the board with the results of some of his research on the properties of The Foundry, neighboring property Truc’s Orient Express Restaurant, and a residential home nearby owned by Nguyen. “If we do not set sound limits to protect the adjacent pre-existing residence and business and other nearby residents and businesses, I would not be surprised if our ruling will be appealed in light of the State DEP and CMR noise regs,” Gudmundson wrote. “Also, we should keep in mind that there are actually 2 entities which may claim damages. A residence and a business.”
On November 29, Bixby wrote to John Klett, owner of Tech Mecca, a technical audio consultation company based out of Carmel, N.Y. “I want to hire you, speaking as a Planning Board chair, with a small budget,” Bixby wrote. Bixby sent Klett an email with information concerning The Foundry, including a map of the property and surrounding areas, along with the Planning Board’s draft of conditions. “I am looking to create a spec for the ambient measuring,” Bixby wrote. “I feel I need help in setting the sound level ‘at the property line’ limits.”
On December 2, Bixby requested a Zoom meeting with Klett and Planning Board member Gudmundson. “Gunnar has possession of the Reed sound equipment that the town owns and is teaching himself how to use it,” Bixby wrote. “We want to talk about how to measure ambient, how to set limits for the venue, and especially maybe limits with tolerance for some ‘normal’ variation from the limit? I want to better understand ‘integration’ methods for ‘averaging’ sound for making a limit.” There are no further references to any meeting held between Bixby, Gudmundson, or Klett in the PDF file that was shared with The Edge.
On December 5, Building Commissioner Brian Duval sent members of the Planning Board an email with various suggestions for language in the special permit. In the email, Duval writes about his concerns about “spikes” of noise that may go over allowed sound levels. “…[S]o there should be some language and allowance for short periods of time only,” Duval wrote. “30 Seconds each, no more than two minutes total during the performance.”
Duval also wrote several suggestions for conditions for the special permit. “I am hoping that any parking violations or trespassing violations that may arise become matters for the Police Department as I think that has no business being listed as zoning violations,” Duval wrote. “I have never seen a special permit holder become responsible for actions that private citizens may do while off the property of the permit holder.”
The series of emails also contains letters from residents concerning the special permit application. In an email to Berkshire Edge Publisher Marcie Setlow after the PDF file was received, Bixby forwarded letters from Pittsfield High School students supporting The Foundry. “What The Foundry offers local artists is terrific for the Berkshire County community,” Bixby wrote. “In addition to the record in the letters of support, I say that also from direct experience of friends who are Pittsfield-based artists who have been able to have access to the performing space that The Foundry offers. To my knowledge, no other venue does what The Foundry does.”
Bixby wrote that the letters of support for The Foundry are available online on the town’s website in the minutes of Planning Board meetings. “In the future, I hope that The Edge finds a way to cover the whole community and the supremely positive aspects of what happens in Berkshire County,” Bixby wrote.
Click here to view the PDF file sent by Planning Board Chairperson Dana Bixby to The Berkshire Edge.
