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07/03/2017 12:00 AMThe Madison Beach Hotel (MBH) formally kicked-off its sixth season of the Grassy Strip concerts on June 28, but opening night came with the ever-present shadow of the lawsuit brought forward by some of the hotel’s neighbors. As the lawsuit heads to court later this summer, MBH General Manager John Mathers took the stage before the show to address the suit and its potential implications.
Issues between the neighbors and the hotel have stretched on for years, with one group of neighbors—known as the Madison Beach Preservation Association (MBPA)—accusing the hotel of several violations and a failure to abide by the variances issued by the town in 2008. Some cited violations include exceeding the building occupancy for special events, exterior lighting beyond what was approved, truck deliveries outside of approved hours and days, prolonged idling by trucks and buses doing business with the hotel, the exterior storage of trash, and amplified music that is audible beyond 50 feet of the hotel property. The original lawsuit filed May 20, 2015 said the violations were disruptive to the neighborhood.
The suit was amended in April 2016 with claims that the hotel continues to expand commercial non-conforming uses in violation with the Madison town zoning regulations. In March 2017, the MBPA announced via a press release that the New Haven Superior Court had denied the motion for summary judgment (a dismissal before trial) and the case would then move to trial.
“The plaintiffs are pleased with the court’s ruling and are highly confident that we will succeed at the trial this summer,” said MBPA member Emile Geisenheimer.
MBH and the Town of Madison are both defendants in the case, but while the town and hotel maintain that all regulations are being respected, the hotel has been reluctant to speak out publicly about the lawsuit. However, with a trial date pending and the potential that, if the judge rules in favor of the plaintiffs, the concerts could be canceled, Mathers said it was time to speak up.
“This is an active lawsuit initiated by six individuals a number of years ago and it has now come to the point were it will be heard in court this summer and make no mistake about it: The purpose and the intent of these plaintiffs is to put an end to these concerts,” he said. “They don’t want to reduce them, they don’t want to compromise, they want to end them.”
Mathers said the plaintiffs want to end the concerts as well as the Tuesday evening movie nights for children, even going so far as filing an injunction in superior court to try to halt this concert. Mathers said the hotel and the town have tried to work with the plaintiff to come to some form of resolution and the hotel has done its part to be hospitable by doing things like voluntarily stopping the music by 9 p.m.
“While we understand their right to challenge the hotel and challenge the town, what we don’t understand is their hostility towards what has become a joyous event on a beautiful summer night like tonight,” he said. “Those suing us have claimed that the concerts have ruined the tranquility of the neighborhood and have reduced the value of their homes. They have also claimed to suffer both medical and emotional harm as a result of these concerts.”
Concert attendees laughed and booed at the lawsuit rationale, with some attendees even shouting out comments like, “let em’ move.” Mathers said despite what the lawsuit claims, the hotel does not make any money off the concerts and sees them as a gift to the town. With a town population of nearly 18,000, Mathers said it would be a shame to see six people bring an end to the concerts.
“Enough is enough,” he said. “I am asking each of you to stand with me tonight to demonstrate your support of the Grassy Strip Concerts…I am asking you to sign the simple petition that is going around tonight to show your support of these concerts.
Clipboards were passed through the crowd and a total of 494 people signed in support.
“This summer can be another great summer of making memories with friends and family listening to great music on the shoreline or this could be the summer where it all comes to an end,” said Mathers.
First Selectman Tom Banisch said Mathers made many good points, particularly singling out that the hotel does not view these concerts as a moneymaker.
“If you just watch the people there and what a good time they are having, to me that says it all,” he said of the concerts. “This is what we are trying to let people understand Madison is all about. It is a town where you can come and have a great night down by the seashore.”
MBPA member Cecilia Pfister said the group did not think it appropriate to comment on Mathers’ remarks, as group members had not heard them in person, but that the MPBA is still optimistic about the upcoming trial.