At the resumption of the Planning and Zoning Commission’s public hearing on TicketNetwork’s proposed concert venue , the number of white shirts ( symbolizing the unity of residents in opposition to the 1 , 300-seat outdoor theater ) was slightly less than on-par with previous meetings .

However , the residents ( specifically those that identify as Vernon Citizens for Responsible Development , or VCRD ) brought their “ big guns . ”

Attorney Matthew Willis of the Glastonbury firm of Branse , Willis & Knapp , representing VCRD , submitted that the applicant-submitted application , as stated in public notices originally printed in the Journal Inquirer are for a commercial recreational facility , which , according to zoning code language , would mean that it contains “ sports activities . ”

“ Therefore , because the proposed use , a seasonal concert venue , has nothing to do with sports , it is not allowed in the zone , ” Willis said .

As was previously stated by many residents throughout the hearings , Willis said the application does not meet regulation 17 . 3 . 1 , which states that the application must meet the requirements of sub regulations , including that it must not create a hazard to public safety , must be compatible with neighboring uses , and must not create a nuisance .

Willis claimed that by the mere fact that police officers would be required for events at the venue , that means that it would potentially harm the safety of Vernon residents .

He added that since nearby residents would likely be home on weekend nights , the concerts would conflict .

Citing town codes pertaining to “ nuisance , ” Willis said that the sound study performed by TicketNetwork last fall was , in itself , proof that the concert noise would be a nuisance .

Willis introduced acoustics consultant Jonah Sacks from Acentech in Cambridge , Mass ., who reviewed letters documenting the sound test done by Bennett Brooks of Brooks Acoustics Corporation of Vernon , and said the study failed to accurately interpret what a concert would actually sound like to nearby neighbors , because an actual concert would have larger speakers placed higher in the air .

“ For these reasons , and others included in letters I will submit , ” Sacks said , “ the acoustical engineering study is insufficient to assess the noise impact . ”

Resident Jennifer Roggi had several issues with the proposal , including that spills on the gravel parking lot may not be cleaned properly and that the site conflicts with permitted uses near an aquifer .

“ It is my understanding , ” Roggi said , “ that it is their burden of proof , to prove that they will comply with these regulations , and they have not done that . ”

Charity Holter , a resident of West Main Street , likened the potential concerts to football games in her hometown in Pennsylvania , where 6 , 000 people made their way in and out of town on game nights with little or no incident .

“ There’s one way into town , ” she said , “ and somehow , the people manage this , and everyone enjoys it . I have great memories of hearing the loudspeakers ... and hearing the crowd cheer . It’s a nice memory . ”

One resident admitted that townspeople may be confused as to what the commission can control , and what it is not able to .

“ A lot of us are confused on what is enforceable , and what is a proposal that can change the day after youapprove the permit , ” Paul Glascock said .

Another special meeting is scheduled for Wednesday at 7 p . m . for public comments , and the PZC regularly scheduled meeting will take place Thursday , where TicketNetwork’s team will have rebuttal time , and the town staff and commissioners will ask questions and the public hearing will close .

TicketNetwork’s attorney Dorian Famiglietti , said their team of experts will be on hand Thursday , and will attempt to show where they feel specific comments by residents ( or their attorneys ) are inaccurate .

“ We’re not going to go piece-by-piece over everything , ” she said . “ There’s a lot in there that we feel is unsubstantiated . There is a lot in there that , to just rehash it all , would take another four nights . ”

Famiglietti added that , for example , her team feels that the sound report was misinterpreted by Sacks . “ I know he’s from Massachusetts , ” she said . “ I’m not sure if he’s familiar with the Connecticut DEP regulations on noise controls . ”

PZC Chairman Lester Finkle said that at a special meeting on March 11 , for deliberation and votes by the commissioners .

Contact Steve Smith at ssmith@remindernet . com .