WILMINGTON, MA — Supporters of the Fun on the Fourth carnival got good news on Thursday night, when the Wilmington Board of Appeals unanimously agreed to hear the town’s request for a carnival permit on Wednesday, April 13 at 7pm at Town Hall.
The Board gave their consent to continue the “repetitive petition” process after agreeing with Town Manager Hull that the difference between the conditions spelled out in the denied Fourth of July Committee’s carnival permit request and those in the Town’s new carnival permit request met the law’s requirement of “specific and material changes.”
Hull’s line of argument focused on six points:
- The initial special permit request was made by the Wilmington Fourth of July Committee. The new special permit request is being made by the Town of Wilmington.
- The initial request had the carnival running from Wednesday, June 29 to Sunday, July 3. The new request has the carnival running from Thursday, June 30 to Sunday, July 3.
- The initial request had the carnival running for 34 hours, including 6pm-10pm on Wednesday & Thursday, 6pm-11pm on Friday, noon to 11pm on Saturday & 1pm to 11pm on Sunday. The new request has the carnival running for only 25 hours, including 5pm-9pm on Thursday & Friday, noon to 10pm on Saturday, and 1pm to 8pm on Sunday. This represents a decrease of 26%.
- The initial request had the carnival with up 15 rides. The new request has the carnival with 12-14 rides.
- The initial request had the carnival with 15 concession stands and game booths. The new request has the carnival with 12 concession stands and game booths.
- The initial request had Fiesta Shows as the carnival operator. The new request does not have a specific carnival operator, as the contract is going out to bid.
Interestingly, it was Board of Appeals member Dan Veerman, the lone dissenter of the initial request, who made the motion.
“Clearly, according to the law provided, there’s absolutely a material change,” said board member Dan Veerman. “And I believe the changes that have been provided are substantial enough to be considered a new petition… Everyone knows how I ruled on the last one, but in regards to this particular question, I have no problem allowing the re-petition.”
“A 25% reduction in hours of operation. A 15% reduction in the number of rides. I think that’s a pretty substantial change,” explained board member Anthony Barletta. “That’s a change in the intensity of the use of the space and that’s a considerable factor for me.”
“If you read some of the case law, it sounds like the changes don’t have to be real substantial,” noted Chairman Charles Boyle. “It’s up to the board’s discretion… It certainly seems to me the changes that have been described tonight are specific and are material.”
“I have no issues with giving the town the opportunity to come in front of us on April 13,” board member Ed Loud chimed in.
Selectman Mike McCoy was the only resident who spoke during public comments as Chairman Boyle reminded the audience that discussion was only pertinent to the changes between the two petitions and not the merit of the petitions themselves.
“To be totally honest with you, there IS change in this application compared to the previous application,” argued McCoy. “Is it a catastrophic change? No, but there is enough change, legally, to give the community another bite at the apple and allow us proceed with the Fourth of July festivities… Let’s do something good for this community.”
After the vote, members discussed a few logistical issues surrounding the “repetitive petition” process, leading Chairman Boyle to observe that in his 20 years on the board, he’s never encountered a petition quite like this. Boyle and the Board’s secretary Toni La Rivee will consult with Town Counsel to ensure the necessary steps are followed.
At the end of the meeting, Boyle announced that he has notified the Selectmen in writing that he does not wish to serve any longer on the board when his term expires in April.
“I’ve finally decided I’ve had enough,” said Boyle, with a smile.
“Gee, what made you decided that?,” joked colleague Dan Veerman.
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