The Planning Commission presented an applicant with an all-or-nothing decision at last week’s meeting. A proposal to enclose a deck at The Gravel Bar at 216 W. Van Buren consumed most of a long meeting. Commissioners eventually postponed further discussion and scheduled a special meeting to continue the conversation. Before tabling the item, however, they asked David Avanzino to choose between keeping the deck in its present state or enclosing it completely before playing amplified music.
Avanzino had asked to enclose a deck where patrons of the Gravel Bar currently sit outside and listen to music. The Historic District Commission had already approved his plan, which included garage doors that could be opened or closed depending on the season. The structure would be heated and cooled, and Avanzino said the roof would include noise-dampening materials so that sound levels outside would decrease even with the walls open.
Avanzino emphasized that his business already operates well within the city’s noise limits. When police have responded to noise complaints, even with the mayor along for the ride, they have never found noise levels approaching the 65-decibel limit. “We have followed the law every single time and we’ve never been cited,” Avanzino said. The business bought a decibel meter, and their readings remain far below the limit. The quitting time for amplified music is also strictly observed, he said. “We have gone above and beyond addressing the issue with noise.”
Before opening discussion on this, commissioners heard a group of letters in opposition to the project. Avanzino pointed out that all the letters shared very similar language, reflecting a coordinated effort. He attributed that effort to the same person who filed a complaint with the fire marshal. The fire marshal only verified one allegation, that a tent did not have the required label displaying its fire rating. Avanzino said the tent had the correct rating, but he immediately replaced it with a new tent with the fire rating displayed.
At the outset of the discussion, Chair Ann Tandy-Sallee said, “We are not here to discuss what the sound ordinance is, just to approve the construction with any conditions we may impose.” During the discussion, however, she and commissioner Melissa Greene focused a lot of attention on the issue. Greene acknowledged the business as “an asset to this town” before suggesting Avanzino use car-window glass to minimize the sound. He said that would be prohibitively expensive. Commissioner Fergie Stewart said Avanzino had “gone well beyond what he needed to do,” but Tandy-Sallee said, “I also have concerns about the sound.”
Avanzino asked why he should face higher restrictions in sound and parking than businesses downtown. “All we want to do is build a structure that will help disseminate the sound,” he said. Greene said Avanzino was “not willing to compromise,” and he said this considerable investment demonstrated his intent to operate as a good neighbor. Greene offered to approve the enclosure as planned as long as Avanzino no longer offered amplified music there, or kept the windows completely closed.
“We are really trying. We’re doing everything we can,” Avanzino said. He asked to take noise readings with the windows up before considering any restrictions.
Some commissioners also had questions about parking. Commissioner Tom Buford took issue with people parking alongside the highway, even though they can legally park there. Avanzino offered to post no-parking signs there if necessary. He said neighboring businesses allow Gravel Bar patrons to use their parking areas, but Buford said he would want to see a legal document establishing that relationship. He also asked for a document from the Arkansas Department of Transportation regarding the parking spots along the highway.
Construction was not scheduled to begin until January, but commissioners did not want to make the applicant wait another month for a decision. A special meeting was planned for 4 p.m. on Tuesday, Nov. 23. Avanzino must submit a full parking plan at that time. Sound questions will also continue.