(Published in print: Thursday, March 24, 2016)
After a mixup nixed the plan to have voters at Town Meeting decide whether to allow outdoor concerts in Mason, voters will now have their say at a special Town Meeting.
Father and daughter Marty and Nicole Ruggiero, owners of Marty’s Driving Range, brought their case before town officials after noise and safety complaints put the kibosh on a summer concert series that has been held for several years at the Driving Range.
The Ruggieros last year appealed to the Zoning Board for a variance to allow the concerts, but were turned down. Undaunted, they submitted a petition to put a zoning amendment on the warrant to be voted on at Town Meeting. However, the article was submitted in January — within the timeframe for non-zoning petition articles to be put on the ballot, but well past the Dec. 9 deadline for petition zoning articles, rendering it invalid. But the Ruggieros claim that they were acting in good faith on information that came from the town offices about deadlines for petition articles.
“They said that they were told that they had until late in January, which is the deadline for a regular non-zoning warrant article,” said Selectman Charlie Moser in an interview Wednesday. “So we wanted to give them the benefit of the doubt.”
The board has been in discussion with the Ruggieros, Selectman Bernie O’Grady explained to a packed house during the board’s Tuesday night meeting. More than 50 were in the audience, most in support of the business and its concerts.
Since there is the possibility that the Ruggieros were given misinformation from the town, the town has agreed to hold a special Town Meeting to allow a ballot vote on the amendment, rather than open itself to the potential for a lawsuit. There is also a cost to the town to put on a special Town Meeting, about $2,200, said Selectwoman Louise Lavoie.
The town, in negotiation with the Ruggieros, did request a change to the article from its original proposal. The Ruggieros agreed to the change.
The original article would have allowed seasonal outdoor entertainment by right in the General Residential, Agricultural and Forestry District. The new article, which uses much of the same language, would allow it by special exception, meaning that a business would have to go through the Zoning Board of Adjustment and likely a Planning Board Site Plan Review process and gain approval before being able to operate.
“This way, it will have to follow the town’s process,” said Charlie Moser. “There will be criteria to be met, and the ZBA can impose conditions including a Site Plan approval.”
The amendment would allow “seasonal outdoor entertainment” in the district by special exception, but puts certain limits on the activities. Namely, it limits the “season” to the Memorial Day weekend up to and including the Columbus Day weekend. It also limits the events to three or fewer events per week, and stipulates the events must end by 11 p.m. on holidays and weekends and 10 p.m. on weekdays.
O’Grady questioned the specificity of the amendment, suggesting that other uses allowed by special exception don’t carry those restrictions, merely naming the particular use. However, Moser suggested that the limits might ease concerns among citizens. “It might be more palatable to voters with the restrictions,” said Moser.
Marty Ruggiero ultimately asked that the board move forward with the article as written, saying, “This leaves no variance for mistake.”
The first step toward Town Meeting is a review of the ordinance by the Planning Board and a public hearing. The Planning Board is expected to set a public hearing during its meeting on March 30. The Planning Board meets on the last Wednesday of the month and will likely hold the public hearing during its April 27 meeting.
During a regular Town Meeting cycle, the Planning Board is not allowed to make changes to articles submitted by petition. However, since this article is now being submitted by the Board of Selectmen, even though it was written by the Ruggieros, the Planning Board could make amendments to the article. Any substantive changes would require a second public hearing.
Once the Planning Board approves the amendment, the town will notice the special Town Meeting, which by statute must be done five weeks prior to the meeting. The earliest the vote on the amendment could be held is in June.
Ashley Saari can be reached at 924-7172 ext. 244, or asaari@ledgertranscript.com. She’s on Twitter @AshleySaariMLT.