Austintown nursing home opposes outdoor racino concerts
YOUNGSTOWN
A nursing home and assisted living facility adjacent to Hollywood Gaming at Mahoning Valley Race Course has appealed the granting by the Austintown Township Board of Zoning Appeals of a conditional-use permit for an outdoor concert area.
The appeal was filed Friday in Mahoning County Common Pleas Court by Ashley Facility Realty LLC, which operates Briarfield at Ashley Circle, 5291 Ashley Circle.
“We don’t have any argument with their having concerts. We just think they should be indoors,” said Atty. Peter B. Grinstein, who filed the appeal on behalf of Ashley.
Grinstein said the noise from outdoor concerts would disrupt the nursing-home environment.
“It’s a noise problem. That’s all it is. ... Some of these bands are just very loud,” Grinstein said, based on entertainment listings at other Penn National gaming facilities.
Grinstein said Ashley has no objection to the casino, which will open Sept. 17, or to the racetrack, where horse racing will start Nov. 24.
The conditional-use permit allows establishment of a seasonal 1,500-seat outdoor concert area in a racino parking lot with portable seating and a portable stage, with no more than eight concerts permitted there annually.
The permit limits concerts to 6 to 10 p.m. Fridays and Saturdays and 4 to 8 p.m. Sundays.
The lawsuit says the five-member zoning board of appeals abused its discretion when it unanimously granted the permit July 31.
Bob Tenenbaum, a spokesman for Penn National Gaming, which will operate the racino, said no outdoor concerts are planned for the Austintown racino this year.
Tenenbaum and Darren Crivelli, Austintown zoning inspector, declined to comment on the lawsuit.
The racino is at state Route 46 and Silica Road.