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Select Board begins revising 1981 Mass Gathering ordinance after counsel opinion
Summary
Town counsel advised the Select Board it lacks authority to issue Mass Gathering permits that contradict Planning Board conditional-use permit limits; the board began editing the 1981 ordinance (proposing to raise the threshold to 300 and remove a two-hour minimum) and discussed requiring property-owner applications and on-site dumpsters.
The Town Administrator reported the town received a written opinion from counsel (Drummond Woodsum) confirming the Select Board does not have authority to issue Mass Gathering permits that contradict or exceed conditions in Planning Board Conditional Use Permits. The opinion will be posted to the Town website and the Select Board said it intends to amend the 1981 Mass Gathering ordinance accordingly.
Discussion focused on the numeric threshold that triggers a Mass Gathering permit (current text: 250). Board members expressed enforcement concerns and tentatively agreed to change the threshold to 300 and to remove the ordinance’s two-hour minimum. They also debated who should apply for a permit: Winchell said the property owner should be the applicant to ensure local recourse when out-of-state promoters withdraw; Denekamp suggested the property owner apply while the promoter holds insurance and fees. The board also agreed to require proof of trash handling (a dumpster contract) and to arrange a future decibel demonstration for guidance on allowable noise levels.
