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PS/21 seeks permanent status of Tent; neighbors still complain of noise
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| PS/21: Performance Spaces for the 21st Century off of Route 66 North in Chatham is under fire by neighbors who claim the venue is too noisy, while Judy Grunberg, founder of PS/21, wants to modify a permit with the town Zoning Board of Appeals to make the Tent permanent. |
By Fran Heaney
CHATHAM — On Thursday, Jan. 28, the town of Chatham Zoning Board of Appeals held a public hearing for the modification of a Special Use Permit for PS/21: Performance Spaces for the 21st Century to permanently use their tent facility. Originally, PS/21, located on Route 66, was given a Special Use Permit in April 2005, but ever since, White Mills Road neighbors, many situated just north of PS/21, have been concerned with the noise level generated by the cultural center. And several of them attended the public hearing.
ZBA Chairman David Everett called the meeting to order with a warning that all parties keep a polite demeanor. PS/21 founder Judy Grunberg’s lawyer, Scott Longstreet, then addressed the board. He stated that PS/21 had received 126 letters approving their request to modify the Special Use Permit and eight letters for denial.
Longstreet said that in the current economy, arts funding has dried up and PS/21 does not have the $11 million needed to construct the proposed soundproof building. He instead requested the use of the Tent in perpetuity. He stated that in the four years of operation, PS/21’s noise level has not been a problem — a statement that drew rumblings from the crowd.
When the ZBA granted PS/21 their building permit in 2005, the board requested a 50 decibel sound level at the property line; the town building code sound level is usually set at 90 decibels. Raymond Jurkowski, town engineer from Morris Associates, has been monitoring the sound level at the Tent for the past four years and the sound levels have been in compliance.
According to Longstreet, under the town’s zoning law, if the impact of the sound from PS/21’s use is not greater than the impact of sound from other uses which would be permitted at that site under current zoning, then the ZBA cannot deny PS/21’s application.
“It is not a matter of whether PS/21 can be heard or not, it’s a matter of whether it is noisier than other potential neighbors might be,” he stated.
Everett read a letter from the Columbia County Planning Board recommending the approval of the request to modify the previously issued Special Use Permit. “The use is Performance Space for the 21st Century, a performing arts facility located at 2974 NYS Route 66 in the town of Chatham. The proposed modification is to eliminate the condition #18.”
Condition #18 states that, “As agreed to by the applicant, this special use permit as it relates to the use of the seasonal tent shall expire upon the issuance of a certificate of occupancy for a new permanent performing arts facility on the site, but no longer than five years from the issuance of the building permit.”
The Columbia County Planning Board went on to state “that the proposed modification to the terms of the Special Use Permit may help facilitate the continued operation of the PS/21 ‘Summer Tent’ after 2010. The CCPB recognizes that PS/21 is a unique performing arts facility which attracts visitors to Columbia County. Since its establishment this venue has hosted a variety of performances ranging from music to dance to film, attracting many different segments. The ability to resume operation of this seasonal, cultural use beyond 2010 may result in a positive economic impact to the tourism industry, as well as the quality of life in Columbia County.”
Everett then opened the meeting to public comment. Larry Salzman, Howard Reznikoff, Robert Trevellyan, Lee Smith and Oliver Grannis spoke in favor of the modification. Seth Lachterman, president of Walking the dog Theater, praised the collaborative relationship between his theater and PS/21. “The union of Walking the dog Theater and PS/21 has been a boom to the theater.”
Colleen Safford, a White Mills Road resident and opponent of the request to modify the Special Use Permit, stated that she sent noise level complaints to the Columbia County Sheriff’s Office in June and July 2009. Last summer, the Tent held 26 back-to-back performances and neighbors claim the noise is intrusive, especially the sound checks. Everett asked Safford to provide the e-mail complaints to town Code Enforcement Officer Walt Simonsmeier.
Safford, in describing herself as a bold, pushy person, told the ZBA that she took a random sampling of seven businesses on Chatham’s Main Street in which she asked the merchants if PS/21 had an impact on their bottom line. She told the ZBA that all seven owners stated that PS/21 has had no impact on there business.
Terry and Patricia Lasky, the Behrens Family and Mark Jackson, also neighbors of PS/21, spoke out against the modification.
In a prepared statement, the neighbors listed these concerns:
n PS/21 is located on an agricultural piece of property in a residential area.
n PS/21 was granted a five-year permit to operated the Tent with the agreement that the PS/21 tent would sunset with a soundproof permanent structure.
n As a result of a modification to the Special Use permit in April 2008, PS/21 was granted permission to rent to third parties for weddings and other events.
n PS/21 has never developed a fundraising plan to show their good faith in working toward a permanent structure.
These same neighbors filed an Article 78 against the town in June 2005, after the ZBA and Planning Board approved PS/21. Approval included certain restrictions and conditions, which PS/21 met. The lawsuit was dismissed in December of that year.
Grunberg, who purchased the former apple orchard in 1999, was not only grateful to the ZBA and Planning Board for approval, but also to the “detractors,” who “helped her see things and [PS/21’s] impact more clearly,” she previously stated. “We’ve done our best to satisfy [the neighbors’] concerns.”
To this day, the neighbors disagree and pleaded at the public hearing: “PS/21 may be a source of entertainment to you once or a few times per season, but please take the time to consider whether you would be interested in listening to sound checks, matinee performances and the garbled performances again. We are simply asking for PS/21 and the ZBA to stick to their agreement.”
At the end of public comment, Everett reminded the neighbors that there had been no agreement, no promises. He stated that a permit issued is not a promise; an owner can apply for a change to their property.
The ZBA will meet again Thursday, Feb. 25 for another public hearing on the modification of the PS/21 Special Use Permit. At that time, the ZBA will continue to discuss whether the use of the property complies with the town of Chatham zoning law.
ZBA Chairman David Everett called the meeting to order with a warning that all parties keep a polite demeanor. PS/21 founder Judy Grunberg’s lawyer, Scott Longstreet, then addressed the board. He stated that PS/21 had received 126 letters approving their request to modify the Special Use Permit and eight letters for denial.
Longstreet said that in the current economy, arts funding has dried up and PS/21 does not have the $11 million needed to construct the proposed soundproof building. He instead requested the use of the Tent in perpetuity. He stated that in the four years of operation, PS/21’s noise level has not been a problem — a statement that drew rumblings from the crowd.
When the ZBA granted PS/21 their building permit in 2005, the board requested a 50 decibel sound level at the property line; the town building code sound level is usually set at 90 decibels. Raymond Jurkowski, town engineer from Morris Associates, has been monitoring the sound level at the Tent for the past four years and the sound levels have been in compliance.
According to Longstreet, under the town’s zoning law, if the impact of the sound from PS/21’s use is not greater than the impact of sound from other uses which would be permitted at that site under current zoning, then the ZBA cannot deny PS/21’s application.
“It is not a matter of whether PS/21 can be heard or not, it’s a matter of whether it is noisier than other potential neighbors might be,” he stated.
Everett read a letter from the Columbia County Planning Board recommending the approval of the request to modify the previously issued Special Use Permit. “The use is Performance Space for the 21st Century, a performing arts facility located at 2974 NYS Route 66 in the town of Chatham. The proposed modification is to eliminate the condition #18.”
Condition #18 states that, “As agreed to by the applicant, this special use permit as it relates to the use of the seasonal tent shall expire upon the issuance of a certificate of occupancy for a new permanent performing arts facility on the site, but no longer than five years from the issuance of the building permit.”
The Columbia County Planning Board went on to state “that the proposed modification to the terms of the Special Use Permit may help facilitate the continued operation of the PS/21 ‘Summer Tent’ after 2010. The CCPB recognizes that PS/21 is a unique performing arts facility which attracts visitors to Columbia County. Since its establishment this venue has hosted a variety of performances ranging from music to dance to film, attracting many different segments. The ability to resume operation of this seasonal, cultural use beyond 2010 may result in a positive economic impact to the tourism industry, as well as the quality of life in Columbia County.”
Everett then opened the meeting to public comment. Larry Salzman, Howard Reznikoff, Robert Trevellyan, Lee Smith and Oliver Grannis spoke in favor of the modification. Seth Lachterman, president of Walking the dog Theater, praised the collaborative relationship between his theater and PS/21. “The union of Walking the dog Theater and PS/21 has been a boom to the theater.”
Colleen Safford, a White Mills Road resident and opponent of the request to modify the Special Use Permit, stated that she sent noise level complaints to the Columbia County Sheriff’s Office in June and July 2009. Last summer, the Tent held 26 back-to-back performances and neighbors claim the noise is intrusive, especially the sound checks. Everett asked Safford to provide the e-mail complaints to town Code Enforcement Officer Walt Simonsmeier.
Safford, in describing herself as a bold, pushy person, told the ZBA that she took a random sampling of seven businesses on Chatham’s Main Street in which she asked the merchants if PS/21 had an impact on their bottom line. She told the ZBA that all seven owners stated that PS/21 has had no impact on there business.
Terry and Patricia Lasky, the Behrens Family and Mark Jackson, also neighbors of PS/21, spoke out against the modification.
In a prepared statement, the neighbors listed these concerns:
n PS/21 is located on an agricultural piece of property in a residential area.
n PS/21 was granted a five-year permit to operated the Tent with the agreement that the PS/21 tent would sunset with a soundproof permanent structure.
n As a result of a modification to the Special Use permit in April 2008, PS/21 was granted permission to rent to third parties for weddings and other events.
n PS/21 has never developed a fundraising plan to show their good faith in working toward a permanent structure.
These same neighbors filed an Article 78 against the town in June 2005, after the ZBA and Planning Board approved PS/21. Approval included certain restrictions and conditions, which PS/21 met. The lawsuit was dismissed in December of that year.
Grunberg, who purchased the former apple orchard in 1999, was not only grateful to the ZBA and Planning Board for approval, but also to the “detractors,” who “helped her see things and [PS/21’s] impact more clearly,” she previously stated. “We’ve done our best to satisfy [the neighbors’] concerns.”
To this day, the neighbors disagree and pleaded at the public hearing: “PS/21 may be a source of entertainment to you once or a few times per season, but please take the time to consider whether you would be interested in listening to sound checks, matinee performances and the garbled performances again. We are simply asking for PS/21 and the ZBA to stick to their agreement.”
At the end of public comment, Everett reminded the neighbors that there had been no agreement, no promises. He stated that a permit issued is not a promise; an owner can apply for a change to their property.
The ZBA will meet again Thursday, Feb. 25 for another public hearing on the modification of the PS/21 Special Use Permit. At that time, the ZBA will continue to discuss whether the use of the property complies with the town of Chatham zoning law.
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