Shows go on for Waterbury businesses awaiting court action on lease dispute

January 16, 2026 | By Lisa Scagliotti

A court hearing regarding a dispute over the rental arrangements for multiple small businesses on Stowe Street in Waterbury has been postponed, with the affected tenants carrying on with business as usual, including new visual arts and music events.

The Phoenix Gallery & Music Hall and WDEV occupy adjacent storefront commercial spaces on Stowe Street in Waterbury. Photo by Lisa Scagliotti

A hearing was scheduled in Washington County Superior Court Civil Division for Jan. 15, but Judge Daniel Richardson granted a request from the landlord to postpone the proceeding for at least 45 days. 

The case involves 5-7 Stowe Street, which is rented by AMPS, LLC, doing business as The Phoenix Gallery & Music Hall on the first floor and Waterbury Studios and The Hesterly Black gallery on the second floor. Business owners Joseph Pensak and his spouse Anna Black sublease space in the two-story building to the nonprofit contemporary music organization TURNmusic, furniture maker TR Risk, and several other tenants, including an architectural design firm and several art and wellness practitioners.      

The building owner is Whitehill Invention Five, a company led by Mark Myers Mermel, a co-owner of the Radio Vermont Group operating WDEV and its affiliated radio stations from the adjacent building at 9 Stowe Street. 

Mermel’s real estate company purchased both of the Stowe Street properties in September 2025 from the previous longtime owner, the Ken Squier family trust. Mermel and business partner Scott Milne have taken ownership of the broadcast company following Squier’s death in 2023.

Pensak and Black have been renting space in the 5-7 Stowe Street building since 2022.

On Dec. 22, Mermel notified the tenants that he was terminating their leases, saying they were in default on rent and numerous lease terms. 

The notices instructed that the upstairs tenants were to “vacate and surrender possession of the premises and deliver all keys and access credentials immediately to landlord’s offices.” The first-floor tenants were instructed likewise, with Jan. 21 as the date by which they needed to move out.  

Pensak and Black noted that they had paid monthly rent according to the leases they had in place prior to the property ownership change, but the checks totaling $3,000 per month had not been cashed for three months. Their leases with the former owners were to end in 2027 and 2028. They responded to the notices from Mermel by filing a suit in civil court to halt the eviction and to request a temporary restraining order for the landlord to not interfere with the operations of any of the tenants. 

Judge Richardson granted their request on Dec. 31, ordering the landlord not lock the premises or interfere with any of the businesses’ operations before a hearing could be held. Richardson also said that the landlord was not to impose any new lease rules or interfere with any planned events in the spaces. And he specified that the landlord was to communicate with the tenants through Pensak and Black’s lawyer, if necessary.

A hearing was set for Jan. 15, but Mermel requested it be rescheduled.

“Defense counsel was just retained this week and needs additional time to understand the matter, review the large volume of pleadings, plaintiffs' motion for injunctive relief and other relevant documents,” the judge’s order issued Thursday states. “This continuance reasonably allows counsel the time to do that while preserving the status quo.”

The order states that the parties agree that the temporary restraining order remains in effect until a court hearing on the matter can take place. It also gives Mermel 30 days to respond to the tenant’s complaint. 

Keeping with the Dec. 31 ruling, the judge further wrote that “all parties shall communicate with each other only through counsel” during this time. Pensak this week said that after the first order, the landlord had posted signs in the building listing new rules for the tenants to follow, but those have since been removed. 

Mermel has not responded to requests for comment on the matter. His lawyer, Alexander J. LaRosa from Burlington, replied to the Waterbury Roundabout on Friday saying, “It is my practice to not speak about pending court matters. We let the case and documents filed therein speak for themselves.”

As of Friday, a new court date had not yet been scheduled in the case. 

Meanwhile, the tenants at 5-7 Stowe Street continue to operate in their various spaces as usual. January events scheduled by TURNmusic, The Phoenix, and The Hesterly Black galleries are all moving ahead as planned.

The Hesterly Black has a multi-media exhibition opening Friday, Jan. 16, with art by Fiona Small. An opening reception, 6:30 to 8 p.m., with Small will include a dance performance by Laurel Jenkins and music by Moira Smiley. That exhibition is to run through March 13. 

TURNmusic’s popular monthly Jazz Jam session is set for next Wednesday, Jan.  21, from 6 to 9 p.m. Jazz musicians, singers and fans gather for the somewhat improvisational performances. On Jan. 24, TURNmusic hosts Boston trombonist Michael Prentky and his 12-piece orchestra for a 7:30 p.m. concert on their album-release tour.

The Phoenix also has a new three-artist exhibition opening next Friday, with works by contemporary painters Elizabeth Powell, Jenny Kemp and Bonnie Morano. An opening reception is scheduled for 6-8 p.m. on Jan. 23.