UPDATE: Wallingford's Dispute with Oakdale Theatre Continues, Live Nation to Appeal Cease-and-Desist Order

Update:

Joan Molloy, the attorney representing Live Nation, told the Meriden Record-Journal that the company will formally appeal the Zoning Board of Appeal’s decision to uphold the cease-and-desist order in Superior Court next week in an effort to ”preserve the status quo.”

By doing so, the Oakdale will be able to continue to operate and the concerts and events that are scheduled this year will still be held, according to the Record-Journal.

Read more at the Meriden Record-Journal here.

Original story

After more than three and a half hours of debate, and three failed motions, the Wallingford Zoning Board of Appeals upheld the town’s cease-and-desist order against the Toyota Oakdale Theatre, leaving the music venue’s future in doubt.

A large crowd packed the Town Hall auditorium Wednesday night to listen to the ZBA’s hearing on the ongoing dispute between the town and the Oakdale over noise issues and other permit violations, including holding concerts in “The Dome” and using an unapproved parking area.

Joan Molloy, the attorney representing Oakdale owner Live Nation, said the company’s application to modify several conditions of its original permit will be heard by the Wallingford Planning and Zoning Commission on June 8, according to the Hartford Courant.

Molloy also isn’t ruling out appealing the ZBA’s decision to the state Supreme Court, according to Fox CT.

• Related: Live Nation Notifies Wallingford it Faces ‘Real Threat’ of Closing the Oakdale Theatre

During the hearing, Molloy said that only a handful of the 285 nearby neighbors have complained about the noise and the majority have been from residents that recently moved to the area.

However, Town Planner Kacie Costello said it was unfair to blame the neighbors regardless of when they moved in because the town’s recent noise study determined that the noise level produced during concerts was “atypical” for the neighborhood and “something has changed” with the theater in the past three to eight years, according to the Courant.

Leading up to the ZBA’s hearing, Jim Koplik, president of Live Nation Connecticut and upstate New York, wrote a letter to the Town Council saying that the Oakdale is at a “critical stage” and Live Nation faces the “real threat of closing the Theatre.”

Koplik wrote that if the cease-and-desist order is upheld and enforced, the Oakdale will “close and we will not reopen, as we will not be able to book future acts if closed by the Town. Please make no mistake that the closure is an unintended, unavoidable, and unfortunate result.”

The Meriden Record-Journal reports the motions that failed Wednesday night included upholding the cease-and-desist order, reversing the cease-and-desist letter in regards to the noise issue, and reversing the cease-and-desist order in regards to VIP parking and dome events.

Since the board members couldn’t agree on the motions and took no action, the cease-and-desist order remains in effect, according to the Record-Journal.

Since the town issued the cease-and-desist letter was issued, fans of the Oakdale have rallied and shown their support to the music venue and an online petition and a Facebook page, both called Save the Oakdale, were launched.

Image via Facebook

Also on Patch:

• Private Nick Fradiani Concert Being Held in Trumbull
• UPDATE: Missing Massachusetts Teen Found in Wallingford; Man Charged with Sexual Assault
• Nursing Home Fined for Numerous Violations