West Stockbridge — Although the Select Board unanimously green-lighted seven All Alcohol licenses and three Auto Class/Taxi licenses on December 2 without a hitch, one of the five proposed entertainment licenses—TurnPark Art Space—had a little hiccup before ultimately passing without discussion.
Attorney Mitchell Greenwald, on behalf of Truc Orient Express owner Truc Nguyen who lives on the same tract, addressed the dais stating that the sound level coming from the entertainment venue was an issue for his client. He said the sound level limit wasn’t clear in the existing permit. “I would suggest that there be clarity going forward,” Greenwald said.
The issue stems from an April 9 meeting during which Select Board members overturned a prior decision to restrict the hours during which the venue would be permitted to have amplified sound. However, the group was in accord with having a “gentleman’s agreement” with TurnPark that the sound levels emanating from the facility wouldn’t exceed 70 decibels at the street.
Greenwald cited a prior noise complaint filed by his client with the local police department regarding TurnPark that was allegedly ignored, with the officer unaware of any sound limitation. “The sound on that occasion was loud and was offensive to her at her residence,” he said.
TurnPark Technical Director Jared Gelormino responded that, following Nguyen’s complaint, his team tested the sound and, finding the level to be at 75 decibels, turned down the level. “Something was definitely done with the public complaint,” he said.
The TurnPark application requested an extension their hours of operation from 5 to 10 p.m. to 10 a.m. to 10 p.m. but a decrease in the number of amplified events from six dates each year to five dates.
“My suggestion to the board is that you be absolutely clear about the limits,” Greenwald said. “That before you set limits, you make sure there’s a way of enforcing it, meaning the police have to know about it and they have to have the means of measuring it.”
He said the town’s sound limits protocol wasn’t “an appropriate situation for a gentleman’s agreement.” “This is a town matter here,” Greenwald said.
The group agreed to vote on accepting the All Alcohol and Auto Class/Taxi licenses as packages, without discussion, but Select Board Chair Andrew Potter was defeated as the lone dissenter to a motion to push through the proposed Entertainment licenses sans conversation.
The following All Alcohol Licenses were approved: Truc Orient Express Inc., WS Public Market, Queensboro Wine & Spirits, Luigi’s, Heirloom Lodge, The Foundry, and Acquevo LLC. The following Annual Entertainment Licenses were approved: TurnPark Art Space, Amici, Heirloom Lodge, and The Foundry (plus Sunday License).
Additionally, board members approved Auto Class I and II licenses for Troy’s Garage and William Kie, with Kie also receiving a Tax license.
At the meeting, the Select Board also appointed Mary Roy to the Parks and Recreation Commission and Jill Beasley to the Cultural Council.
Ryan reminded officials and residents of the upcoming Special Town Meeting set for December 11, at 6 p.m., in Town Hall, with six warrant articles on the agenda.