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Village Mayor Offers Support For Concert Series

MAYVILLE — Village Mayor Ken Shearer has reiterated his support for the Chautauqua Lake Pops, a concert series held on a floating stage that’s currently awaiting a permit from the state and the subject of a lawsuit from a handful of residents.

“We’re still very much for it,” Shearer said Friday of the Mayville Village Board, just moments after organizers announced they had canceled the season’s first show Saturday evening after not receiving the permit from the New York State Office of General Services. The permit would allow organizers to moor the floating stage offshore from the Mayville Lakeside Park.

“We haven’t changed our minds,” he said of the support the village gave the series in the form of a three-year contract.

The Mayville Planning Board met Thursday evening to review a Waterfront Assessment Form submitted by the Chautauqua Lake Pops. The board ultimately issued a negative declaration for the State Environmental Quality Review and also passed a resolution stating what Chautauqua Lake Pops is doing is consistent with the Local Waterfront Revitalization Program.

Those two actions were required for the Chautauqua Lake Pops to kick off its season.

The series is also the subject of a lawsuit filed July 1 in state Supreme Court in Chautauqua County. A group — Thomas and Marina Arko, William Kinney and Sharon Smead along with New York Lake House LLC — is seeking an injunction to stop the concerts due to its lack of permit and the noise it causes around the lake.

A hearing is scheduled for Monday, July 19, at 2 p.m. after an order to show cause was filed. The group’s attorney, Daryl Brautigam, is seeking an order “restraining and preventing” the 2021 concert season from taking place unless the permit is obtained.

The Chautauqua Lake Pops originated in Bemus Point and was moved to Mayville in 2019. Due to the pandemic, there were no shows in 2020.

Dan Dalpra, organizer of the longtime concert series, said the state Office of General Services has been “very responsive” in its initial review of the permit application. However, he noted in a news release, the state advised him it needs additional time to make a final determination.

The same permit sought last year was denied by the state.

Regarding the decision to cancel Saturday’s event, Dalpra said he was “disappointed.” He believes some of the delay in the permit process might relate to the pending lawsuit.

“It is very unfortunate that a few people would bring a lawsuit in an effect to prevent hundreds and hundreds of people from enjoying the concerts put on by the not-for-profit Chautauqua Lake Pops,” he said. “The economic loss and social impact it is causing to our community is immeasurable.”

The next concert is scheduled for Saturday, July 17.

Shearer said this year’s concert series will be important, both for the community and the village. He said the contract calls for a portion of ticket proceeds to go to the village this summer; the first two years called for payments of just $1.

The mayor noted a cease and desist order sent by the village to organizers in June was necessary because a permit had not yet been obtained. However, he said the partnership for the first two years has gone well, pointing out that the concerts — held in 2019 but not last year due to the pandemic — have drawn large crowds to the park.

“It’s done exactly what we thought it would do, bring people to the village,” Shearer said. “That’s the name of the game — put Mayville on display.”

While Shearer has received some noise complaints due to the shows, he said the “overwhelming” response has been positive. He also pointed to a petition created to show support for the Chautauqua Lake Pops, which he signed.

The same petition also was signed by Chautauqua County Executive PJ Wendel, though he later stated that the signature was not part of his official capacity.

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