The more than 1,100 signatures on an online petition in favor of outdoor music at Harbourside Place is proof the public wants music to keep playing, the developer said.
“People love the music. We’re circulating this petition to give the town council a clear picture of what the public wants. And 99.9 percent want the outdoor music,” said developer Nick Mastroianni II, the president of Allied Capital and Development, the Palm Beach Gardens-based company that built and opened the $150 million entertainment complex in October.
Mastroianni has hired a public relations firm to collect signatures both online and from customers at Harbourside. Mastroianni said he may present the petitions at a 10 a.m. Wednesday public hearing at Town Hall where a magistrate is scheduled to determine whether Harbourside should be required to pay a $15,000 fine for violating the town’s noise code.
Complaints about too much volume during concerts from the amphitheatre were initiated by residents of Waters Edge Estates, a gated community of 20 homeowners about 500 feet across the Intracoastal Waterway from the development, on the northwest corner of Indiantown Road and U.S. 1.
Waters Edge residents hired a sound engineer soon after Harbourside’s grand opening Dec. 4. They say they can’t sleep or entertain when the music is playing, and want music volume lower. They also want fewer outdoor music events.
“We understand there is going to be music, but it doesn’t have to be every night,” said Paul Chaney, a Waters Edge resident.
Harbourside officials counter that the volume is within the town’s 55-decibel limit. Allied is paying about $80,000 for sound curtains that will be installed between the stage and the Intracoastal Waterway. The roll-up transparent plastic curtains are expected to be installed this month.
The latest the music plays is 10 p.m. on Fridays and Saturdays.
The town is jeopardizing a potential economic engine if further noise restrictions are required, said Ryan Miller, construction manager for Harbourside. The development is expected to create between 1,500-2,000 full- and part-time jobs. Tax revenue to Jupiter is expected to be about $800,000 annually, according to Jupiter records.
“The town designated Harbourside an entertainment district when it approved the project. The music is needed to attract customers,” Miller told the council at a recent council meeting.
The town has imposed restrictions since Harbourside opened.
Outdoor music is no longer allowed in the amphitheatre on Wednesday and Thursday nights, known as Wine Down Wednesday and Throwback Thursday. Music is not allowed until 6 p.m. Friday and Saturday nights. On Sundays, no drums are allowed, only acoustic instruments and vocals. Music is required to end by 10 p.m. on all nights.
“If we have to restrict the music any further, we may not have a viable performance stage,” Miller said.
Harbourside on Wednesday is being cited for three violations from a Jan. 29 concert. They are:
— The music was louder than the 55-decibel limit.
— The speakers were pointed toward the Intracoastal Waterway, facing Waters Edge. The town does not allow speakers for special events to be pointed toward residential properties.
— Harbourside did not supply the town with documentation from a volume recorder after the concert.
Mastroianni plans to fight the $15,000 fine at Wednesday’s hearing.
“I’m getting slapped in the face and I don’t like it,” Mastroianni said.
Fines paid by Allied Capital & Development to Jupiter:
- $200,000 for not meeting April 30 deadline to open Harbourside Place.
- $5,348 for using bass drums in violation of a special event permit.
- $340 for violation of the site plan agreement prohibiting dedicated use of on-street parking spaces.
SOURCE: Town of Jupiter
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