Live music may be live wire in New Paltz

In the latest version of a decades-long debate over what the defining characteristics of New Paltz are, village residents and hangers-on are hashing out the balance between the right to perform music for an audience and the right to quiet enjoyment of one’s home and community. The most recent conversation was sparked by the posting of a petition on Facebook, intended to garner support for the continued use of a Main Street parcel next to Water Street Market for live performances. The hope is to make some kind of proposal to the Village Board about that use, but one individual who lives across Main Street from the venue raised the issue just a week later, at the April 26 meeting. 

The venue is question is called “Blueberry Field” by its owners, who also own the Groovy Blueberry retail store that’s just across Water Street from the field. As pictured on the petition page, the music is performed in front of the store, presumably to take advantage of the available electricity; attendees sit in the field across the street. Josh Cohen, eldest child of Groovy Blueberry owners Amy and Jon Cohen, organized the petition, writing, “The shows we’ve been putting on have been a boon for locals old and new, college students, tourists and the businesses surrounding. But now, we’ve reached an impasse. Over the years, we’ve racked up a number of noise complaints. Should these noise complaints continue, we’d be at risk of taking on some serious legal penalties. Live music is beautiful, but noisy of course, so we can’t continue putting on shows until this is solved.” 

Noise is what worries Charlotte Moss enough to talk to village trustees at their April 26 meeting. Moss lives in a Town and Country condominium, and said that during the shows last summer, the volume of the music made it impossible to enjoy being out on the porch or in the yard, but that even after going inside, “I could still hear it.” On Facebook, other residents spoke about hearing the music wafting up Southside Avenue to South Chestnut Street, on North Front Street and even on Millrock Road. To be clear, those were reports of hearing music; it’s not clear from what was written online if others experienced the level of disruption that Moss described to trustees. The present definition of “noise” in the village code is, “A sound which exceeds the ambient noise of a particular area to the extent that it is plainly audible and disturbs the peace, comfort, repose or concentration of a reasonable person of normal sensitivities.” The code also includes in the list of what’s considered excessive noise an example that appears to suggest that these performances may qualify: “Noise from any sound reproduction system operating or any device that reproduces or amplifies sound at a level as to be heard 50 feet beyond the property line from where the sound emanates.” 

The online debate has been as lively as those about local issues tend to get, and unsurprisingly many other issues were raised. These included a debate on the morality of not paying performers when tickets are not being sold, and whether complaints about noise are a proxy for a political discussion, as both Amy and Jon Cohen have run for mayor at times over the years. 

Questions about whether live music is noise predates the performances in this field, which Josh Cohen claims began in 2020, when other venues were impacted by pandemic restrictions. The village noise ordinance has been revisited more than once this century. When a group of residents pushed for changes in 2010, musician and trustee Brian Kimbiz organized a petition drive against it; instead, village officials put up signs requesting courtesy. As those signs were not illuminated, it’s not clear if they were noticed by the roaming bands of bar patrons who tend to create a lot of passing noise that can disrupt sleep. A 2016 revision replaced particulars about decibel levels at certain distance with a “reasonableness” standard, that depends on what can be heard with an unaided ear.” 

Moss has sometimes called the police, and acknowledged that the volume has sometimes been reduced after taking that step. Speaking directly to the property owners is neither required in the law, or an option with which Moss appears comfortable. Moss did add, “It’s not about music, it’s about the volume of the disturbance,” which may be why “a number of noise complaints” have been “racked up,” as Josh Cohen wrote for that petition. 

Among those who commented on Facebook was an individual who claimed to have been a Groovy Blueberry employee around the turn of the century. That individual recalled that passersby and neighbors to the Main Street location would sometimes complain about the volume of recorded music in that shop, and asserted that in those days Jon Cohen would turn the music down for a period of time and then return it to the louder level. 

Mary Ann Tozzi is also a former employee of Groovy Blueberry, but worked at the Water Street location. Tozzi said about the recorded music played at that time, “A lot of times there were complaints, but the music was really not that loud! I answered the phones when Amy ran for mayor and there were some really nasty phone calls … I usually took the complaints as passive-aggressive bullshit. I may concede now that maybe there was an echo and maybe it was louder up the hill, but maybe if the complaints had been presented that way I would have taken them more seriously.” 

That’s an idea that Mayor Tim Rogers appears to have fixed on, as well. During the discussion prompted by Moss’ comments at the public meeting on April 26, Rogers speculated that there seems to be some quality about that particular location that amplifies the sound, that it may be the river itself. It’s possible that if and when a proposal is brought before this board, the mayor may suggest commissioning a study to determine if that’s in fact the case. 

Amy Cohen did provide a statement in response to a press inquiry, which read, “As the owners of ‘Blueberry Field’ we are delighted to share our sweet sculpture garden with living artists & musicians. The mission of the Groovy Blueberry is to empower artists, musicians & peace lovers — by doing this we are promoting good will & bringing light, love & awesomeness to our corner & to the community. Thank you for 26 fun years of being your local Mom & Pop!”