Harbourside: No more outdoor music at amphitheater for now


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Saying Jupiter officials “without lawful authority” have suspended music from the amphitheater at Harbourside Place, the developers of the $150 million entertainment center have stopped free music and other performances.

A full-page ad paid for by Harbourside Place in Monday’s Palm Beach Post read: “Due to this unlawful order, we regret to inform you that the free, live musical performances, and many charity events held at the amphitheater that we provide to the community free of charge, will have to be cancelled for the time being.”

Jupiter town attorney Tom Baird countered that Harbourside must comply with the same rules as other outdoor music venues in Jupiter.

Harbourside is required to have a special event permit to play music through the amphitheater’s amplification system. To be allowed to play outdoor music without a special event permit, Harbourside Place needs an outdoor venue designation approved by the town council, said Baird.

The town has not approved that designation. The amphitheater does not have the proper volume measuring equipment to meet the requirements, said Baird.

Guanabanas, an outdoor restaurant on A1A that plays music, has the approved designation. The Square Grouper, another outdoor restaurant that plays music, is in the process of getting the equipment for the designation, said Baird.

“There is a path to get the proper designation. But Harbourside does not want to follow that path. (Harbourside developer Nick Mastroianni) thinks he is above the law,” said Baird.

Mastroianni said via e-mail that Jupiter is hurting Harbourside Place and its tenants by “unlawfully trying to control the development.”

Added Mastroianni: “I built exactly what (Jupiter) wanted, right down to the last detail. The amphitheater is the most important public component of the project. (That did) not happen by accident. The town required it,” wrote Mastroianni.

The dispute is the latest between Mastroianni, the town and nearby residents.

The town has fined Harbourside Place for a total of about $36,000 for playing music that town officials say was louder than town regulations. Residents of Waters Edge Estates, a gated community of about 20 houses about 500 feet across the Intracoastal Waterway, and other residents who live nearby have complained repeatedly about the music being too loud.

Those in favor of the music have signed a petition. Harbourside Place filed a lawsuit on Jan. 5 saying the town’s limitations on the music are illegal.

A concert was cancelled Jan. 8 when Jupiter police informed Harbourside Place officials that they did not have a permit. Jupiter officials informed Harbourside Place officials the next night that canned outdoor music would no longer be allowed to be played through the speakers attached to the amphitheater without a special event permit.

“The town is not prohibiting Harbourside from having music. Harbourside, like any other business that wants to host outdoor entertainment, has the ability to apply to the town to conduct musical events,” Town Manager Andy Lukasik said via e-mail.



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