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Select Board fines Iron Tails $5,000 after finding multiple conditional‑use violations
Summary
The Acton Select Board unanimously voted to fine Iron Tails $1,000 for each of five violations identified by the code officer—two unapproved stunt shows, a burnout competition, excessive sound, and occupancy/parking breaches—capped at $5,000.
The Acton Select Board voted unanimously July 1 to assess fines against Iron Tails after a code officer documented multiple conditional‑use violations during events on June 19–20.
A distributed letter from the code officer listed the alleged violations: stunt shows held without approval on June 19 and 20; a burnout competition not authorized by the conditional‑use permit; placement of food and beverage trailers in locations inconsistent with the approved site plan; measured sound levels above allowable limits (the code officer noted a low reading of 82.1 decibels at the front of the property); and patrons spilling onto Route 109 and Milton Mills Road, indicating the site plan parking layout had not been followed. The board discussed the findings before voting to fine the owner.
Owner Greg Martinez told the board he began the approval process in October and that delays were caused by timing and sound‑study scheduling for a seasonal business. Martinez said he had withdrawn a Planning Board application amid a dispute over tree clearing but continued to try to comply: "I still affirm that there is some bias from members of the Planning Board," he said, and asked the board to treat his application consistently with others and allow him to pursue a Mass Gathering Permit.
Select Board members emphasized that the enforcement action is grounded in zoning conditions embedded in town code and separate from liquor licensing. Select Board member Tom McGurty said the board’s duty is to ensure compliance with those conditions. Chair Ed Walsh said the town had allowed similar events in prior years but that recent complaints prompted closer enforcement; Walsh added he favored evolving the venue into more of a music site and said he did not think burnout competitions “belong in the Town of Acton.”
After deliberation, the board set fines of $1,000 for each identified violation, not to exceed $5,000 in total. The motion to fine was made by Daniel Norwood, seconded by David Winchell Jr., and carried on a unanimous vote (yes: Walsh, McGurty, Denekamp, Winchell, Norwood).
The board and the owner noted that Planning Board review remains the appropriate avenue for changes to the conditional‑use permit, and that the scheduled liquor license public hearing (announced in the meeting) is a separate process.
What’s next: Iron Tails faces the assessed fines and has an upcoming liquor license public hearing; the owner indicated he will take onsite sound readings and continue seeking conditional‑use changes through the Planning Board.
