By Lynne Hendricks
Correspondent
April 28, 2008 03:54 am ROWLEY — The Planning Board, which says it doesn't want the town's Route 1 corridor to turn into "another Saugus," says nothing good can come of businesses operating between the hours of 1 and 5 in the morning. But the owners of the famous Todd Farm Flea Market on Route 1A, where treasure hunters line up at 4:30 a.m. each week in the summer, disagree. The town plans to ask residents to support a new bylaw at Town Meeting May 19 restricting businesses from operating during the early-morning hours. With the exceptions of pharmacies, gas stations, medical centers, motels or ATM machines, the "hours of operation" bylaw would mandate businesses close during the wee hours, or risk paying a fine of $300 for each violation. It's an attempt to keep Rowley's Route 1 corridor from becoming "another Saugus," says Planning Board member Robert Snow. "Any town can turn very quickly without foresight," he said. The Planning Board took notice several months ago when a fitness center announced it intended to operate 24 hours a day at its soon-to-open Forest Ridge location. The proposal drew the ire of some nearby residents, who disliked the idea of patrons coming and going at all hours of the night. But it also got Planning Board members visualizing the kinds of businesses that could crop up throughout Rowley if they failed to set some type of guidelines today. "Nothing good happens between 1 to 5 a.m.," joked Snow. But the regulatory measure has upset some residents, who feel it's arbitrary to allow a gas station/convenience store to stay open 24 hours a day, and disallow a convenience store that doesn't sell gas from enjoying the same benefit. Starr Todd, whose family owns the Todd Farm that's the site of the weekly flea markets, warned the Planning Board to expect problems if it tries to enforce such a bylaw on his loyal pre-dawn customers. "I told them what would happen if they wouldn't allow businesses to open before 5 a.m.," said Todd. The Todd Farm Flea Market draws more than 250 vendors and thousands of buyers from around New England every Sunday morning from April through November. Todd's Flea Market opens at 5 a.m. on the dot, but the merchants arrive much earlier than that. And hundreds of "flashlight shoppers" are known to wander through in the dark to get first crack at the wares. "If you don't let people in at Todd farm, you're going to have 150 vehicles out on Route 1A," Todd warned the board. Despite some assurances at the public hearing held April 2 at Town Hall that Todd's business might be excluded from the hours of operation bylaw under a "grandfather provision," the bylaw in its final form leaves some question as to whether or not it will be protected. It states any business that maintains regular and consistent hours of operation between 1 and 5 a.m., as of the effective date of the bylaw adoption, shall be allowed to continue operation during those hours. However, should that business be "subsequently suspended or discontinued for a period of sixty (60) or more days, it may not be resumed," according to the bylaw. Todd's Flea Market closes down every November for five months, so it would appear no specific clause was added to the bylaw to accommodate Todd's unique situation. Multiple calls were placed to Planning Board Chairman Clifford Pierce seeking clarification, but they were not returned. Board member Robert Snow, however, was clear he stood in support of the bylaw only if Todd's Flea Market was exempted from it. "If he wasn't grandfathered in, I would not stand for it at all," said Snow. "(The market) is an important part of the history of this town."
—
Copyright © 1999-2008 cnhi, inc.