Showdown Over Oakdale Theatre

But first, the parties have to get past a procedural hurdle in order to keep compromise talks alive, LN Northeast Region Chairman Jim Koplik told Pollstar. Live Nation was issued the C&D in December and given 165 days to resolve the issue. The town’s Zoning Appeal Board, according to state law, must make a ruling when it meets May 27.

“They have three issues,” Koplik said. “One is about concerts in the Dome, which they feel is not in the zoning permit because the plans call it a ‘lobby.’ We’ve been doing concerts in the Dome since it opened as a new theatre. Secondarily, they have some problems with how we handle our VIP parking.

“Third, it says in the permit that we are not allowed to let any sound come from the theatre and, obviously, sound is going to come from the theatre. That is the problem. What we’ve been doing is trying to sit down with the town to work out a sound agreement that we can fit under and the town would be fine with. We were in the middle of that when the 165 days ran out,” Koplik explained.

Live Nation has proposed changes to the town’s noise ordinance that would allow concerts in “The Dome” of the 4,560-capacity Oakdale Theatre.

The current sound restrictions specify that no sound must be audible outside the building.

While writing to the council “that on occasion some events have been louder than we wished,” Koplik said complaints came in about artists including The Fresh Beat Band, a children’s show; Pentatonix, an a cappella group, and Toyota Oakdale Theatre – twice, including on May 20.

“We also had a complaint regarding our sound when we were cleaning our carpets,” Koplik wrote in his letter to the zoning board. He told Pollstar that most of the complaints have come from one of two families that moved in 2009 into homes one street away from the venue. Town councilmembers have generally been supportive of Live Nation’s efforts to amend the sound ordinance, Koplik said, despite comments from a city attorney that might indicate otherwise.

“…They told me a year ago that they would close down, so what should the town’s response be? Be loud and violate the regulations?” Corporation Counsel Janis Small was quoted by the local Record-Journal. “Somehow it’s everyone else’s fault they’re in this predicament. I shake my head.”

The ZBA may have little choice but to deny Live Nation’s appeal, Koplik said, because of the time constraint.

“If we lose, which I think is likely because I can’t promise not to have some sound come from the theatre, we will look for ways to appeal,” Koplik said, adding that the next step could be taking the matter to court. The Oakdale would remain open and concerts continued during that time.

“We had a lot of sympathy from the town council, which is the final ruling authority. I believe we’ll find a compromise,” Koplik said.