The town’s music volume regulations are too restrictive and are squeezing Harbourside Place businesses, Nick Mastroianni III said in federal court Wednesday morning.
“Entertainment is an important part of Harbourside business. We have met all the required conditions,” said Mastroianni, executive vice president of Allied Capital & Development, the Jupiter-based company that developed the $150 million waterfront project.
Jupiter officials countered by saying Harbourside Place developers knew the restrictions were in place when the project was approved. They said such other outdoor entertainment businesses as Guanabanas and Square Grouper are meeting the requirements.
“We went to great lengths to accommodate Harbourside, even though they were in noncompliance with their development order,” Jupiter Planning and Zoning Director John Sickler said at the first day of a planned two-day hearing in front of U.S. District Judge Kenneth Marra.
Harbourside Place developers filed the 34-page lawsuit against Jupiter in January, saying the volume and frequency limitations in the town’s requirements are unconstitutional. Two months before, the town fined Harbourside $20,000 for violating the conditions of its special events permit.
Jupiter requires Harbourside to have an approved outdoor venue permit to have events in the amphitheater on the Intracoastal Waterway. Without the permit, Harbourside is required to get permission from the town to hold each event.
Harbourside officials say they should be granted the outdoor venue permit because the development was approved as an entertainment district. The town disagrees.
To reduce sound, Harbourside officials have paid plastic curtains around the stage, new speakers and carpeting. Restaurant and retail owners say they need the music to attract customers. When concerts were canceled, revenue went down, they told The Palm Beach Post.
Residents of Waters Edge Estates and Jonathan’s Landing, residential developments across the Intracoastal Waterway from Harbourside, have complained about too-loud music. They hired experts to measure the volume. So did the town and Harbourside Place.
The findings were mixed.
“Just because somebody hears the music does not mean it is too loud,” said Harbourside attorney Anthony Carriuolo.
The hearing is scheduled to resume this morning.
The Palm Beach Post has closely followed the development of the Harbourside Place complex in Jupiter. Read The Post’s archive of stories at myPalmBeachPost.com/harbourside
- · Interactive timeline: Harbourside Place
- · Interactive map of Harbourside Place Jupiter
- · Jupiter’s Harbourside concert exceeds allowed noise level
- Tiger Woods to open his first restaurant at Jupiter’s Harbourside Place
- Is Harbourside music too loud?
- Read past Post stories about the development of Harbourside Place in Jupiter. mypalmbeachpost.com/harbourside