Bombyx Center for Arts and Equity is planning on reopening their space this weekend after the organization received word from Northampton fire chief Jon Davine this morning rescinding his cease-and-desist order.
Bombyx’s executive director Cassandra Holden and board president Elizabeth Dunaway told MassLive they were so overjoyed when they heard the news they burst into tears.
Davine had previously shut down Bombyx due to their having large shows in their space without an automatic sprinkler system.
Having put in an appeal to the Massachusetts Automatic Sprinkler Appeals Board just a day prior, Dunaway said leaders at Bombyx had no indication the fire chief’s letter rescinding the cease-and-desist was even in the works.
Bombyx agreed to several building and fire safety conditions to allow for their events to continue this weekend — including not serving alcohol, not moving the pews for the music events, not having dark lighting and having a limit of 310 people in attendance.
Davine wrote that the rescindment is based upon the fact that the organization must file a change of use with the Building Department by the end of the business day on May 30.
“We had always intended to install sprinklers in the building and now we will probably just be revising the timeline for that work,” Holden said.
Due to the high price tag associated with the sprinkler system (projected at several hundred thousand dollars), Dunaway anticipates they will be having a big fundraising push in the new few months.
Holden said Bombyx leaders are meeting with the Building Department on Tuesday to discuss next steps about what a change of use might entail.
“Moving forward, you must abide by any and all restrictions ordered by the Building Department,” Davine wrote in the letter to Holden.
The decision was made in consultation with city building officials and the mayor’s office, according to the fire chief’s letter.
The decision comes after a weeks long back and forth between the organization and the city wherein Bombyx was ordered to halt indoor music until automatic sprinklers had been installed and inspected.
“They were way outside of compliance so the onus was on them to apply for this change of use,” Mayor Gina-Louise Sciarra said.
In a press conference on Tuesday, Bombyx leaders said they believed Northampton’s fire chief was singling out their organization, stating that other buildings of similar capacity and use in Northampton and Florence don’t have sprinkler systems.
“The problem is, when you give one person huge discretionary power to make decisions that don’t have to consult with any other part of the city and can enforce selectively where those codes are necessary to enforce, the obvious and inevitable end result is that you’re going to have favoritism,” Reverend Dr. Marisa Egerstrom, pastor of Florence Congregational Church at Bombyx Center said.
The shut down, which was verbally issued on May 11 in an unannounced visit to Bombyx, already cost the center over $20,000 in one weekend due to the cancellation of Collider! Fest, according to Kyle Homstead, co-founder of Bombyx.
Bombyx has held large music events in their space since 2021, claiming they were working with the city on a multi-year plan for getting the space up to code. Some events were attended by city officials.
But it was only two weeks ago — upon visiting the center — that Northampton’s Building Department and Fire Rescue learn of the large gatherings, according to Sciarra.
On May 11, Captain Mark Curtin from Fire Rescue and Kevin Ross from the Building Department, went to Bombyx due to reported noise complaints. During the visit, the city officials learned that the center was running events with occupancy exceeding 100 people, selling up to 330 tickets sold to the general public for events, moving pews to create a larger dance floor, using dim lighting, and serving alcohol on premises.
This criteria, according to fire chief Jon Davine’s cease and desist letter, characterized the space as a “nightclub” or of similar entertainment purpose.
Building commissioner Jonathan Flagg wrote in a letter that Bombyx had been operating larger events than what was had been previously discussed with the Building Department.
Sciarra told MassLive earlier this week that Bombyx was informed by their own consultants that if there were a change of use — such as holding larger music events — they would need a sprinkler protection system in line with state code.
Sciarra said the city is working hard to give Bombyx possible options to continue their programming, such as having some of their events outside. The mayor is also suggesting potential funding for the automatic sprinklers such as money from the Community Preservation Act or allowing for the repurpose of a $79,200 city American Rescue Plan grant that was already given by the mayor to Bombyx for kitchen renovations.
“Our excitement and sort of belief in their mission doesn’t, you know, it doesn’t change the fact that they need to follow code, they need to follow zoning, and the primary concern at all times is life safety for people who are attending events,” Sciarra said.
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