OBSERVER Photo by Gregory Bacon Pictured are members of the Mayville Planning Board.

MAYVILLE — Organizers for Chautauqua Lake Pops are waiting until today to see if the state issues a permit to allow their first show to take place on Saturday.

Mike Ferguson, the co-producer of Chautauqua Lake Pops attended the Mayville Planning Board Thursday night and made the announcement. “We are told that we have up until tomorrow at noon for the show that we are getting ready to produce, to give them enough time to cancel, and do what they have to do. There’s still time to receive this permit in time for Saturday’s show. If we don’t receive it we will go by the letter of the law and will not perform on Saturday,” he said.

Hotel California, an Eagles tribute band is set to perform.

The Mayville Planning Board was meeting to review the Waterfront Assessment Form submitted by Chautauqua Lake Pops. During the meeting, the planning board 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 Chautauqua Lake Pops to kick off its season Saturday.

Before the meeting took place, Planning Board member Sharon Smead recused herself from voting on the issue. Smead is one of four residents that has filed a lawsuit against Chautauqua Lake Pops and the village of Mayville, saying the series of concerts should not be permitted because organizers have not received a permit from the state Office of General Services.

As she recused herself, she read a statement, criticizing her fellow board members and the village board’s elected leaders. “In the 40 years I have lived in Mayville I don’t remember a time that was more disturbing or so very sad,” she said.

She accused village officials of not following the Local Waterfront Revitalization Program, saying the document does not permit floating stages. “I am not against concerts in the Lakeside Park. I am not against improving what we already have here. My position is that whatever we do, it must be done right,” she said.

Smead accused village officials of “ramming through” something that doesn’t follow the law. “Now have is a floating stage in our park, every single step that was taken to get it here was not well thought out or in many cases was not done legally,” she said.

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

According to the lawsuit, organizers never had a permit to have a floating stage on Chautauqua Lake, including their years in Bemus Point. The village of Mayville was informed on July 24, 2019 that a permit was required to have a floating stage on Chautauqua Lake. The performances continued that summer without a permit.

The suit states Chautauqua Lake Pops was denied a permit by the Office of General Services on Feb. 24, 2020 and was denied a second time on Oct. 13, 2020.

During the planning board meeting, members stated they believe the concerts enhance Chautauqua Lake and note the performances draw many listeners on their boats and those people would not be able to enjoy the shows if they were on land only.

No comments were permitted by the public. Smead attempted to comment, however audience members began shouting saying she should not be allowed to talk. Chairman Mark Smith said it would be inappropriate for her to comment and she did not talk after that.

After the meeting, Ferguson said if they are forced to cancel their show on Saturday it will cost Chautauqua Lake Pops up to $10,000. He said he has spoken with both Assemblyman Andy Goodell and state Sen. George Borrello, both whom have told him they want to see the state permit issued.

He added that County Executive PJ Wendel has also signed a petition to keep Chautauqua Lake Pops in Mayville. More than 1,200 people have either signed a hard copy or submitted their name on an electronic petition.