By Dawn De Busk

Staff Writer

NAPLES —The owners of a business that is located in the rural zone off Route 302 would like to have the lot rezoned commercial.

More than a dozen neighbors worry about the worse-case scenario. If changed to commercial, the property could be sold down the road, and the new owners could do anything that is on the list of approved uses in the commercial zone. 

The zone-change proposal to switch Gabby’s Roadhouse BBQ from rural to commercial district was one of several items that were part of a public hearing. 

The public hearing was held Monday night before the Naples Board of Selectmen meeting. More than 60 people showed up, although not all of them for this particular issue. 

Between 15 and 20 people testified about the rezoning proposal. Those were comments for and against the zone change. 

Carlos and Gabriella “Gabby” Oliveira own and operate the restaurant. It is located off Route 302 near the Naples Fire Station and right next to Great Northern Docks.

There was an organized opposition from the abutters. However, at least one abutter, who lives directly across the street, sided with the Oliveiras. 

The selectmen were also torn on the topic, resulting in a close vote, 3-1-1, to put the proposed rezoning question on the ballot of the Primary Election on June 14.

Selectmen Ted Shane, Colin Brackett and Bob Caron II voted in favor of putting it on the ballot. Chairman Jim Gratello voted in opposition. Kevin Rogers abstained, citing conflict of interest. 

This was a letter from Elizabeth Beatty dated April 5 and submitted for the public hearing. 

“Because our property is in close proximity to Gabby’s, we were shocked to learn of the proposed zoning change to commercial for this establishment. Our family has been property owners and summer visitors for over a century. Our history in Naples, as so many other families, has seen logical changes to our landscape: necessary upgrades such as grocery, banks and clothing stores in addition to changes in keeping with a New England, small-town vacation destination,” she wrote. 

“This family history is not due to ready access to bar, nightclubs, batting cages, Dunkin’ Donut or 7-11’s. It is because of our peaceful lakeside community that we all love, and it has only recently come under attack by those who wish only to capitalize on our way of life,” Beatty said. 

Chairman Grattelo explained why he voted no.

“I cannot support this and the major reason is the reason I wouldn’t support the Barn and Gary’s. This is the slippery slope. It never ends. There is always going to be a business next door that abuts the zone they’re nextto. They want to change to commercial, too. That is what happened to North Windham,” Grattelo said.

The owners ofGabby’s knew the restrictions when they purchased the business, he said.

“This business was bought knowing it is in rural, knowing it couldn’t have outdoor music. Like everything else in this town, they want to change it,” he said. 

He addressed a specific comment made during the public hearing portion of the meeting.  

“The ridiculous example of the adult entertainment business — we won’t allow that. But other [commercial] uses might apply,” he said.

During the testimony, one person mentioned that adult entertainment was only restricted from the Causeway, and therefore, that is one type of business that could end up on the lot if it were changed to commercial.  

Later, another person pointed out that some of the worst-case scenario comments like it could be changed into an adult entertainment business were propaganda against the zone change.

As he has in the past, Grattelo referred to the zone change as a slippery slope.

“Great Northern Docks has been there forever. If we do this, we are going to have someone on our doorstep next. We have to protect the residential areas, and the rural areas in our town. Rural is supposed to be the most protected zone in our area,” Grattelo said. “I don’t believe that we as a selectboard should allow this on the ballot.”

The other board members didn’t share his viewpoint. 

However, they didn’t express the points of view prior to the vote. Instead, some selectmen made statements during the public hearing. Selectman Ted Shane spoke after members of the public had turns at the microphone. 

“There are too many different opinions,” Shane said, asking when Great Northern Docks zone change happened. 

The answer came from the town manager: In 2016 the whole property was changed to commercial. 

“Me, as a tax payer, it is the last business in that stretch that could be commercial. Therefore, I am in favor of it. For that dividing line, if Great Northern sold it could be Dunkin’ Donuts. It could be almost anything,” Shane said. 

Several times, Selectman Caron responded to comment, saying that the town will not allow every commercial use.

“It still has to go through the planning board. Not just any business can go in that spot.  Everyone has been saying that any commercial building, any commercial use could go there,” Caron said.

“It still has to be approved by the planning board. It still has to be reviewed by what the town has in place. There is a lot of gray area,” he said. 

Rogers expressed a diplomatic point of view. 

“What is going on started with a request to have music, and not being able to create a level playing field for a business. If this is converted into commercial, that something would change,” he said.

“Whatever the use is would have to still go up with review. We should focus on trying to come up with that compromise. All this started because people wanted music and more potential revenue. How do they get what other restaurantshave? There are other residents in or near residential areas that are near places that have music,” Rogers said.  

“Come up with a music plan rather than rezoning,” he said. 

The outcome of the commercial rezoning will not be known until mid-June — after the election.

Until then, the board of selectmen approved Gabby’s Entertainment Permit. Only indoors music is allowed as part of the permit.