West Stockbridge — Although the West Stockbridge Planning Board posted its decision on October 3 covering a request by The Foundry, 2 Harris Street, to amend its special permit, the issue didn’t end there. The unanimous September 17 vote by a dais of four members resulted in a change to the method by which The Foundry is required to monitor sound coming from the entertainment venue during performances.
On October 16, abutters Truc Orient Express Inc., Truc Nguyen, and Thi Duong appealed that decision in Land Court. In the filing, their attorney, Mitchell Greenwald, alleged the local government erred in its decision and offered testimony that noise emanating from the venue can be heard within the mother and daughter’s home and restaurant, sounds they argue are “detrimental” to their peace, quiet, and livelihood.
The filing’s named defendants, including the Planning Board members who voted on the amendment and The Foundry/Two Harris Street owner Amy Brentano, responded to the action in an email to The Berkshire Edge. “The Planning Board adhered to all requirements of the zoning and granted a special permit for amendments to The Foundry’s original [special permit] with conditions that were entirely within the scope of its authority, with all necessary findings made in an appropriate and substantial manner,” states Planning Board Chair Dana Bixby, copying members Christopher Tonini, Andrew Fudge, and Sarah Thorne who also approved the measure.
Calling the filing’s allegations “hearsay,” Brentano advocates that “no one other than Nguyen and her mother have ever witnessed or heard sounds that they claim are heard within their home and/or restaurant.”
She also states Nguyen’s restaurant has been closed for indoor dining, with patrons ordering food for take away. “The takeout option is open sporadically and to claim that The Foundry has caused damage to this, at best, partially opened business is questionable at the very least,” Brentano states.
According to Nguyen, the restaurant is “seasonal, open during the summer months and for the time being, takeout only,” with dining allowed on its outdoor deck.
Regarding Nguyen’s statement to The Berkshire Edge alleging The Foundry didn’t comply with zoning regulations at its 2019 inception, Brentano responds that at the time she bought the building, then-Town Administrator Mark Weber said the performing arts venue “did not ‘fit into any of the zoning descriptions for businesses that require special permits and therefore, she did not need to apply for a special permit.’” However, when Brentano learned that this information was incorrect and the venue required a special permit, she says she filed the appropriate application and received the document.
Brentano says she has “complied with every special permit restriction required and bent over backwards to mitigate the abutter’s complaints.”
According to Brentano, sound proofing was added to the venue even though it was not required, and she provided the town with a permanent easement to the tract’s private road, obviating the need to spend town coffers to construct a new access road to Harris Street since the public road across the Williams River was closed.
Although she agrees that “the sound-monitoring microphone was incorrectly placed from the sound source” as alleged in the Land Court complaint, Brentano states she took action to correct the placement “as soon as the [Zoning Enforcement Officer] notified us of noncompliance.” She explains the microphone was placed in that location because the permit’s required site for the microphone fell in the middle of the handicap accessible parking space. “We were not trying to ‘cheat’ as our abutter has accused us of on her social media,” she states.
Additionally, Brentano states the amendment requested the venue not be held to record and monitor sound for events that don’t use amplification, such as play readings, workshops, and rehearsals, “a reasonable request that was granted.”
Responding to the two Planning Board members, Bixby and Thorne, whom Greenwald alleged should have been recused from the amendment, Brentano states that if those members had been removed from the dais, the group would not have had a quorum. Two other members had already been recused, with one being an abutter and the other employed by another local arts organization.
“We are known collaborators in West Stockbridge and send all of our patrons to open businesses to benefit the good of the entire town,” Brentano says, adding that would include sending guests to the abutting restaurant if open. “We are simply trying to run a multidisciplinary performance venue that gives back to the community, struggles to make ends meet, supports artists and marginalized community members, and brings joy through live arts.”
