09/15/2015

Councilors say they favor conditional license for gun club, table vote to October meeting

The Town Council on Sept. 14, 2015 stopped short of approving a conditional operating license for the Spurwink Rod and Gun Club, but all councilors said they would lilkely approve the license as long as the club demonstrates 100-percent shot containment.

The council voted to table their final decision to the Oct. 14 meeting so that their approving motion clearly states their intent.

"I am inclined to support the licensing as long as there is no resumption of live fire unless there is 100-percent shot containment," said Councilor Patty Grennon, echoing the stance expressed by each councilor.

The vote came after an hour-long public hearing, where nearly two thirds of the speakers said they supported the license only if shots are completely contained. Most of those speaking live in the neighboring Cross Hill subdivision, where, some said, bullets have been found lodged in the outside walls of at least three homes. "I have a right to sit on my screened in porch and feel safe," said Cardinal Lane resident Mark Membrino, owner of one of those homes. "I have the right to have my dinner out there with my children and not be worried about getting struck by a bullet," he said.

A safety report submitted by Rick LaRosa, of R Design Works in Kennesaw, Ga., in July said the club at the time did not have the overhead baffling required to fully contain gunfire. On receiving the report, town officials ordered the club halt fire of live ammunition.

Plans for improvements submitted as part of the club's license application also did not guarantee full shot containment, LaRosa said in his report. Since that time, however, the club has submitted architectural plans that LaRosa designed. "If the plan is implemented, Mr. LaRosa, the range designer, has certified with his architectural seal that it's 100-percent shot containment," said Ben McDougal, town code-enforcement officer, who is ultimately responsible for seeing that construction meets the plan.

Other proposed conditions for the license included proof that the club's safety manual meets standards of the National Rifle Association; that a fence to prevent non-club members from entering the facility has been repaired; and, that 50- to 100-yard range shooting remain under suspension until upgrades similar to those allowing 25-yard range shooting are installed and approved by the code-enforcement officer. Councilors also expressed concern over enforcement of a lead-management plan submitted as part of the club's application.

Councilors said they wanted to postpone their final vote until next next month, when a clear motion and set of findings can be presented. "It sounds like we are in agreement on where it is that we are headed, but in terms of dotted i's crossed t's, I'm not sure that we actually have the documentation to be able to take a vote," said Councilor Molly MacAuslan.

For example, councilors said they wanted to be sure future improvements to allow shooting at the 50- and 100-yard distance is not misinterpreted as an expansion of use, which would require relicensing.

The shooting range ordinance was adopted in 2014 to address decades-long concerns from neighbors about the Spurwink Rod and Gun Club. It establishes a mechanism and sets standards for the town to license shooting ranges in Cape Elizabeth.

About a third of those speaking at the hearing defended the Spurwink Rod and Gun Club, established in 1955, as an important part of Cape Elizabeth's history. "If you look at the history of the club, there are no reported injuries," said High View Road resident Mark Doering, who said he was a club member. Other speakers pointed to the service the club provides by teaching responsible use of firearms. One speaker, Sawyer Road resident Alexa Ward, said she grew up near the club and learned to shoot alongside her mother, who is current club president Tammy Walter. "In the discussion about the safety of the range, it's also important to take into account that safety isn't determined just by shot containment, but by the responsibility of the people who are firing the guns," Ward said.