West Stockbridge — A final resolution could be nearing for The Foundry in its quest to amend its special permit’s sound-monitoring regulations after numerous sessions before the West Stockbridge Planning Board, expert reports, and a site visit.
Although The Foundry and its owner Amy Brentano originally set out to delete all sound-monitoring conditions within the entertainment venue’s December special permit, that measure was modified—with several iterations—and a September 9 meeting could see a Planning Board vote on a final proposal.
The issue stems from the permit’s requirement that the venue monitor the sound emanating from the facility at its perimeter, with that measurement muddied by exterior noises including highway traffic and wind. Abutters Truc Nguyen and her mother Trai Thi Duong are proprietors of restaurant Truc Orient Express, residing above their establishment. They have long alleged noise issues emanating from a few productions at the site that interfered with their quality of life and business. In all but one of those cases, The Foundry was determined to have not violated its special permit.
The initial proposal morphed into a charge to produce an easily identifiable standard to determine whether The Foundry exceeded the noise levels stated in its special permit: 60 decibels of A-weighted (dbA), or higher frequency sounds, and 65 decibels of C-weighted (dbC), or lower frequency sounds.
Third-party consultant Herbert L. Singleton Jr., president of Cross-Spectrum Acoustics Inc., conducted a site visit at The Foundry on July 10, monitoring the difference in sound decibels produced inside the venue and detected outside the venue, or through its walls. Per his report, Singleton determined that an inside sound level of 104 dbA and 93 dbC will produce the sound levels at the perimeter property line of 60 dbA and 65 dbC, respectively, the upper limits of allowable sound that can be generated by the venue pursuant to its special permit.
According to Planning Board Chair Dana Bixby, the only conditions allowed to be considered by the Planning Board, without readvertising the hearing and essentially starting the process over, are conditions that create a lesser imposition than what The Foundry originally proposed—to eliminate all sound monitoring conditions.
On August 12, the venue’s attorney Bill Martin unveiled proposed changes to the special permit, incorporating Singleton’s July 29 report. Led by Bixby, the Planning Board hashed out the proposal, resulting in a consensus to be drafted for its early-September session that includes modifying the special permit condition allowing live music on the patio bar from unlimited days weekly and ending no later than 9 p.m. to three days (Thursday, Friday, Saturday) and ending no later than 9 p.m.; modifying the ban on amplification of drums or base in the special permit to banning all amplification of live music; and striking the special permit provision allowing live performers only on days when there aren’t other events.
Martin proposed striking the special permit condition of monitoring sound levels at the property line in favor of taking sound measurements indoors with the equipment (microphone) placed four feet above the tech table. However, a protracted discussion involved the proposal by Martin reflecting an A-weighted limit of 104 db and C-weighted limit of 93 db, in accord with Singleton’s findings.
“I don’t agree with 104 [dbA],” Bixby said. She said The Foundry building was better at stopping A-weighted levels than C-weighted levels and repeated that Brentano stated The Foundry doesn’t have productions that go that loud. “We may need an alternate proposal,” Bixby said. “If they never crank it up that loud, why is [The Foundry] asking for that.”
Martin replied that his client was very comfortable at the 104 dbA and 93 dbC levels, with Bixby suggesting if the venue would ever surpass 90 dbA. Martin replied that he needed confirmation from Brentano, who wasn’t in attendance, to agree to a maximum noise level of 90 dbA. Bixby responded that sounds over 85 dbA inside “would likely damage your ears,” with board members agreeing that venue attendees couldn’t withstand a noise level of the proposed 104 dBA. Martin said dropping down the maximum sound level to 94 dbA “was far enough.”
“The hearing damage is a sustained problem; it’s not attending a music venue for a couple of hours,” he said.
The Foundry also proposed allowing an exceedance of the maximum sound levels for bursts of 60 seconds, an increase from the special permit limit of 30 seconds, as well as allowing five minutes of sound over the maximum during a performance, an increase from the special permit limit of two minutes. Martin said this change would provide for applause sounds and ovations that often exceed two minutes. “We were really worried that there might be a spiked applause that would go over the two-minute threshold,” he said. “We think five minutes is enough for a standing ovation. and we expect to stay within that.”
Bixby proposed a change to leave to the discretion of the town’s zoning enforcement officer to request either raw data or an Excel spreadsheet reflecting the monitoring equipment results should a complaint be filed and investigated.
In response to The Foundry’s proposal, Mitchell Greenwald, attorney for Nguyen and Duong, said the measure “didn’t address the reality of sound and vibration within the abutters’ property.”
He produced an expert report by Jeffrey Komrower, USA Noise Control LLC, dated August 9 that reviewed the Singleton report, noting “likely serious shortcomings in the conditions on the Special Permit.” The Komrower document faulted the Singleton report for not considering that buildings aren’t uniform and, therefore, some areas will transmit sound through the site’s walls differently, allowing some sounds through at different levels from different locations at the structure. “Thus, the outside measured noise levels could be significantly different depending upon where the measurement was taken,” the Komrower report stated.
Additionally, the document provided that the low frequency sounds of bass guitar and drums with microphones “are audible and very disturbing to residents and patrons of the Truc properties.”
Addressing the Planning Board, Nguyen reiterated that the noise from drums and bass guitars during The Foundry performances was disturbing. “Drums don’t need to be amplified for it to be disruptive,” she said.
Barbara Sproul, an eight-year West Stockbridge property owner who recently moved to Richmond, voiced concern over the emotional damage, as well as the damage done to the town’s reputation, from the long process.
“It’s so unkind,” she said. “I’ve been reading about it for ages. The reputation of the town is now that it’s this contentious, uncaring place.”
With Martin in agreement, the Planning Board extended its 90-day deadline for a ruling to September 30.
