Abate will live on to raise money for motorcycle awareness after Tuesday night’s Marshall County Board of Zoning Appeals decision.
The BZA heard Dan Perry and Richard Sommers’ request to hold the annual Summers End Party on Sommers’ property at the corner of Upas and 10B Roads the weekend of September 18, 19, and 20.
The event was held last year on the property with several hundred people attending the event.
Requesting a special use, the BZA set the requirements of proper sanitation, notification to the sheriff of the event, that amplified music be turned off at midnight, and the EMT and security were to be on site.
“We were here last year. The board gave us a list of criteria to meet and we met everything on the list. We really didn’t have any issues last year,” stated Perry for the record.
Board member Dan Voreis inquired if Perry and Sommers would do the same as they did last year per the board’s requests. Perry responded they were already in motion to do so.
BZA member Jeff Gustafson stated, “One thing you didn’t do was shut off the music last year.”
Neighbors complained that the music was not shut off until after midnight.
Perry stated that the band would not listen to their request and they had to pull the electricity from the stage to comply last year.
Gustafson stated he thought there was a sound ordinance for the county, but Plan Director Ralph Booker and ZA member Mark Wickizer said they did not believe that was the case.
Perry told the commission that the band had been positioned in such a way that the music would be absorbed by the stand of trees it was facing.
Stutler requested the music be allowed till 1 a.m. to allow for encore performances since there is no county sound ordinance. His request was promptly denied.
A letter from neighbor Thomas Snader said, “This is a great event for a great cause. The trees muffled the band and I hardly hear it. You might want to fix the road. It sucks.”
Steve Breeding, who opposed the party last year, stated “I have the same concern this year that I did last year. The noise is the biggest problem, the bands played past midnight last year. You gave Abate an inch and they will take a mile. Traffic down 10B was bad. Why can’t they have the property at speedway or the fair-grounds? Hope the property value on my house does not go down. Who wants to buy a house where there is a biker party going on every year?”
A second letter was read from Michael and LuAnne Falowski.
The letter stated that the floodlights used at the event were too bright and pointed at their residence. They also alleged there was constant noise from the generators and music could be heard in the house with the windows closed, motorcycles were constantly revving their engines, and the family slept in the basement due to the noise and light.
It was also stated in the letter that the son of the family making the complaint saw a topless woman and man walked around buck naked.
Perry stated the flood lights would not be used this year as they were not needed.
When pressed on the issue of public indecency, he stated he was unaware that it had happened but stated that the parking and camper areas would be switched, with parking heading east closer to the pines to prevent it from happening again.
The issue with music running past midnight would be enforced, however it was noted that the variance only stated amplified music could not be played past midnight, not acoustic sounds.
“I understand that you have to consider everybody’s thoughts, concerns, and worries. We’re trying to address every issue they have,” stated Richard Sommers.
After brief deliberation on the issue of hiring security staff, the BZA chose to approve the variance with the same stipulations as last year.
Wickizer stated that next year the issue of allowing more permanency to the event at Sommers’ property would be discussed, pending the success of Abate’s event in September.
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