The Register Citizen (Torrington, CT)
Residents sound off against live outdoor music
MORRIS — A resident’s request to hold outdoor music concerts on his property resulted in nearly four hours of commentary during Monday’s Planning and Zoning Commission public hearing on the issue.
The hearing, which was held at the James Morris School gymnasium and watched by about 200 people — in person and on Zoom — was not resolved, and a second public hearing is set for April 21 at 7 p.m., in the same place.
Neighbors’ concerns pertain to South Farms, an 11-year-old wedding and event business on Higbie Road that, from August to November 2020, held about 45 outdoor concerts. While there have been no concerts since November, property owner Ben Paletsky plans to resume them.
Most of the complaints
revolve around the noise the concerts produced, which many in town claim they can hear from inside their homes with the windows and doors shut.
In his presentation, Paletsky addressed the noise concerns, promising they will lesson if he’s allowed to hold the concerts once again.
He said 2020 was a “test,” to which he said he learned what worked and what didn’t.
“Experiments are simply a test. You identify what works and what doesn’t, and then you figure out how to fix the problems,” he said. “2020 was an experiment.”
He said while changes were made during the three-month venue season, “at the end of the day, the improvements didn’t yield
the changes needed.”
He spoke of specific measures that would be made to adjust noise levels, so people off-premises can’t hear the concerts.
The changes are “complicated, but the tools exist,” he said. “It’s completely feasible . ... We can apply science to address noise.”
Additionally, Paletsky suggested assigning a mediator to work with him on the scope and scale of the project.
A handful of residents spoke out in favor of the concerts, including Beth Murphy, a partner with the Black Bear Music Festival. She said the right production and audio people in place “makes a huge difference in the sound and where it travels . ... This is a challenge that can be overcome with the right technology and operators.”
She added outdoor concerts could be “a great opportunity” for Morris, and
said since Paletsky is a town resident, “I think that he would do everything he can to work with this community. I know that his town means a lot to him and his track record shows that his heart is here.”
Litchfield resident Burke Gibney, who also supports the concerts, said the town and county as a whole should support Paletsky.
“I care about the future economic vitality of our small towns in Litchfield County,” he said, adding that to survive, “local businesses depend on visitors coming to the area.” Those visitors, he said, will spend money in the local businesses like lodging, restaurants and in shops.
“Some of them will discover what a beautiful area Litchfield County is and will decide to come back to visit again,” Gibney said.
About three times as many residents spoke against the application than for it. One of them was town resident Linda McMaster, who lives one mile from South Farms. She said while she loves “music, live dancing and having fun,” she has a right to enjoy peace and quiet in her own home.
“I can’t image what it’s like for those families that live closer. I have to listen to it several nights a week for three and half, maybe four hours a night,” she said.
Another town resident, Renee Normandin, spoke of the reaction her son, who has special needs, has had
with the concert noise.
He is “very sensitive to this noise and chaos,” she said, adding his days of being outside, throwing a basketball and running around in his yard stopped, due to the noise level.
She said the quiet of the community was the main reason she moved there three years ago, adding with all her windows and doors shut, she could still hear the “banging of drums, the sound of base, loud screaming, (and) swearing.
She added her son “would cover his ears, cry and hide in his room, sometimes locking himself in his own closet. I don’t know how this is OK. How did our quiet town become this way?”
Other concerns with the concerts included possible environmental impact, speeding, littering and potential
for drunken drivers. Additionally, there were questions as to how regulations, if established, would be enforced.
Phil Pires, an attorney from Cohen and Wolf in Danbury, representing several Morris residents, said the application is “deficient” in many ways.
Materials that Pires said are missing include a stormwater management plan, site plans and architectural plans “in sufficient detail to show the general nature of the Planned Development District.”
“He needs to give the board a general understanding of what is proposed by this PDD, and he has not done that,” Pires said.
He also said Paletsky’s application is not consistent with the town’s comprehensive zoning plan.
“Outdoor music performances are not a permitted use in any zone in the district, let alone having largescale outdoor concerts or performances,” he said.
He told the board that Paletsky’s specific plans regarding what he intends to do on his property are not known.
“It’s so undefined that you’re really opening up a Pandora’s box if you pass this,” he said.
The three possible outcomes of the application, according to Wiig, are approval, rejection, or rejection without prejudice. With rejection without prejudice, the applicant can come back and reapply at a future date.
The final decision will be made by the Planning & Zoning Board.