The Select Board was not swayed by Marty’s Driving Range abutters who argued a newly approved zoning amendment was too vague, unanimously denying a request to rehear the issue on Tuesday.
In June, the town voted to approve a zoning amendment that allows properties in the GRAF zone to hold up to three “outdoor entertainment” events by special exception between Memorial Day and Columbus Day weekends. The amendment was based on one originally proposed by Marty’s Driving Range for March, that due to the timing of submission, was not included on the March ballot. Abutters to Marty’s asked by petition for the issue to be reheard and revoted.
Nicosia argued that the terms used in the amendment – particularly “entertainment” – were too broad and opened the town up to the possibility of types of uses the town did not want, and that the focus on Marty’s caused the townspeople to be confused that this was an amendment that could affect the majority of town.
Nicosia also argued that the amendment did not put enough restrictions on outdoor entertainment, start time limits, site limitations, noise, lighting, occupancy loads, parking, traffic or public safety requirements.
But the Select Board disagreed with Nicosia’s points.
Selectman Charlie Moser responded that the process of obtaining a special exception – which is needed for outdoor entertainment – does address impacts of traffic and the use on the neighbors and the impact to their property, and could require the process of a site plan review, which would cover all of the restrictions the abutters were requesting be in the actual ordinance.
“I think the applicants have too little faith in the structure of our Zoning Ordinance. In terms of the voters being confused, I think the applicants have too little faith in the voters,” said Moser.
“During the process, the Zoning Board of Adjustment can and propbably should impose restrictions,” agreed Selectman Bernie O’Grady.
Finding they had made no error in procedure, the board voted unanimously to deny the request for a rehearing. The abutters have 30 days to appeal the decision through the superior court.