On Tuesday, the Select Board will deliberate on whether or not there are grounds to grant a special Town Meeting to reconsider a vote taken in June.
In June, a special Town Meeting was held to consider allowing “seasonal outdoor entertainment” in the GRAF district, which covers the majority of Mason. The zoning ordinance, which was
approved by the voters, allows entertainment use as often as three times a week from Memorial Day to Columbus Day by special exception. The ordinance limits hours of operation to 11 p.m. on holidays and 10 p.m. on weekdays.
The article, put forth by the Select Board, was authored by Martin and Nicole Ruggiero, who are seeking to reestablish a summer concert series at Marty’s Driving Range, which they own and operate. The Driving Range was told to cease and desist the concerts last year, due mainly to noise complaints and traffic issues, and the fact that the business had never sought zoning permission to hold concerts on the property.
The Ruggieros attempted to submit a similarly-worded zoning amendment for consideration at March’s Town Meeting, but were allegedly given bad information from the town office regarding the time frame for submitting petition zoning amendments and missed the deadline. The Select Board agreed to sponsor an article for special Town Meeting in June.
But some abutters of the Range say that the town has given too much consideration to a single business in putting forth an amendment that has the potential to affect the over 90 percent of Mason land that makes up the GRAF zone.
Eight abutters, who occupy four properties surrounding Marty’s, submitted a petition requesting that the town re-hear the zoning amendment and re-vote the issue.
“The term ‘entertainment’ is not exclusive to music, but to any kind of outdoor entertainment such as a race track, movie theater, etc.,” the abutters wrote in a prepared statement sent to the Ledger-Transcript by Cheryl Davieau, one of the petitioners. “If you are located in the GRAF zone, and there is a good chance you are, and there is a lot near you that has not been developed, it could be the next location for the hottest entertainment in town.”
The abutters also allege that the language of the ordinance is unclear when it refers to the time frame allowed as “seasonal.” The ordinance allows entertainment from Memorial Day weekend, which is in the spring, to Columbus Day weekend, which is in the fall.
“‘Seasonal’ does not specify which season, but covers three seasons in the ordinance. The common definition of seasonal is: relating to or characteristic of a (one) particular season,” the abutters wrote.
The abutters also that the amendment goes against the town’s zoning ordinance, which prohibits uses that are “obnoxious or injurious” by production of “odor, dust, smoke, refuse, matter, fumes, noise, vibrations, glare or similar conditions.”
“This ordinance directly effects the rural charm and character that people have been attracted to here in Mason,” wrote the abutters. “The belief is that being able to live our lives independently without disturbing others, or being disturbed by them is a fundamental value that is prized in Mason.”
The Select Board will deliberate the issue and decide whether or not there is grounds to rehold a special Town Meeting on Tuesday at 8 p.m. in the Mann House.