Memorial Town Hall, 1 Library Street, Georgetown, MA 01833
Ph. (978) 352-5755 z Fax (978) 352-5727
BOARD OF SELECTMEN MEETING MINUTES
Memorial Town Hall
Third Floor Meeting Room
4/11/11
7:00 PM
Selectmen Present: C. David Surface, Clerk; Gary Fowler; Stephen Smith; Evan O’Reilly
Others Present: Michael Farrell, Town Administrator; Janet Pantano, Administrative Assistant;
Absent: Philip Trapani, Chairman
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Call to Order
Mr. Surface called the meeting to order at 7:00PM.
Public Hearing
Sports Depot at Rock Pond Restaurant-Entertainment License public hearing
Mr. Surface opened the public hearing and stated that all who speak need to give their name and address and be sworn in.
Mr. Surface invited Mr. Buswell, owner to come forward and be sworn in. He stated that this hearing is being held under MGL Chapter 140 §183A. Mr. Surface explained that the board had a complaint from a neighbor regarding loud noise, screeching of tires, loud patrons in the parking lot. He stated that the Police Department has had complaints and have been to the restaurant. Mr. Buswell stated that the complaints are after 11:15PM when the traffic is quiet. He stated that they have found that band members would open the front door and this increased the noise to the neighborhood but he no longer allows this and they use the back door. Mr. Buswell stated that he has gone outside and did not find it too loud across the street. Mr. Surface stated that he has been at the restaurant early in
the evening and not a problem. He stated that he would like Mr. Buswell to work this issue out with the neighbors. Mr. O’Reilly stated beeping horns and loud patrons is not an entertainment license issue but an issue of patrons. He stated that he has not seen any unruly patrons and the business seems to well run. Mr. Buswell stated that they din not have any issues with the neighbors until they added the music. He stated that the law stated that they must not have unreasonable amount of noise but what is unreasonable. Mr. Surface stated that the Town does not have regulations on decibel levels. Mr. Fowler asked what is different. Mr. Buswell stated that on January 18th they started having bands on Saturday evenings. He stated that they have added the bands because patrons have asked for it. Mr. Buswell explained where the bans perform and that the bands are on the other side of the booths when you
enter. Mr. Smith stated that he has seen bands in the bar area at this location. He asked about soundproofing and if Mr. Buswell has looked into it. Mr. Buswell stated that he did look into acoustic glue and then you add sheetrock but he does not know to what level this needs to be done.
Mr. Surface stated that they will hear from the Police Chief then the residents and see where to go to keep everyone happy. He stated that they want to keep this business going. Mr. O’Reilly stated that what has changed is that there are more patrons then the past restaurants.
Police Chief James Mulligan was sworn in. He stated residents would be the best to articulate what is happening. He stated that they have had calls on 3/19, 3/20, 3/21, 3/26, and 4/2 all in the late evening hours. He stated that his officers talked to the owner and residents. He stated that the officers reported that it is the bass that is heard at the neighbor’s homes. He stated that the bands are in a different part of the building then they have been in the past. He stated that they did find a front door was open that did let out noise to the neighborhood. He stated that regarding the screeching tires he has had officers in the area late at night and this has helped. He stated that there was a band this weekend and there were no complaints. Mr. Surface asked
in comparison to other establishments in town is there more complaints here. Chief Mulligan stated that this location is the only one with an issue. Mr. Surface asked if these complaints are excessive. Chief Mulligan stated that they are and he would like to see both resolve the matter. Mr. Smith asked how many different neighbors have made complaints. Chief Mulligan stated that 3 different residents have made complaints.
Lisa Peart, 201 West Main Street was sworn in. She asked why the board did not act on the petition they gave the board in 2009. Board members stated that they did not see the petition in 2009. She stated that on the night before Thanksgiving it was loud and she did not call because some neighbor’s children were there and did not them to get arrested. She read a statement on the history of the business and neighborhood. She read a section of the entertainment license that relates to the noise to neighbors. She stated did not call this weekend because nothing could be done until there was a hearing. She stated when he first opened she went over and introduced herself and at the time there were no bands. She asked the board to take the license and to change the hours to
limit to earlier times. She stated that they should be only open until midnight on Friday and Saturday and a detail officer present to monitor the patrons.
Mr. Surface asked if the shouting in the parking lot is still happening. She stated that it happens on the weekends and that the music is so loud she can not hear screeching tires.
Mr. Fowler stated that it seems that Ms. Peart wants the license revoked and doe not want to work with the owner. Ms. Peart stated that Mr. Buswell does not think the music is too loud. She stated that the music keeps them up until 1AM. Mr. Fowler stated that there has a club there for many years. He stated he would hope they could come to a resolution. Mr. Surface stated that they need to work to come to a solution. Ms. Peart stated they have to do their job. Mr. Fowler stated that there use to be a lot of honky tonks in this area and in the past they have asked for a police presence. She stated that she would like the board to look at the hours, etc. Mr. Surface stated that this area is business zoned. Ms. Peart stated that late night they come to drink and not
eat at the restaurant. She stated that they are restaurant acting like a bar.
Mark Casper, 207 West Main Street was sworn in. He stated he has lived here for 29 years. He stated when music comes on at 11PM it is loud. He stated that when the police officers came out and went over and asked Mr. Buswell to turn down the volume when they came back you could still hear the music. He stated that he did not call this week as they were coming this evening. He stated that he does not want this gentleman to have an entertainment license as he does not care about the neighbors and has not met with them. He stated when Giordano’s was here you could call and they would take care of any noise right away. He stated that when Mike and Sid had bands they were near the bar and you could not hear them in the neighborhood. He stated that there is a lot of noise
after the band is done and they have to break down and load the equipment. He stated that they are violating his right to quiet.
Mr. Smith stated that he understands the issues and that there a lot of emotions involved. He stated that this is a new business and they are also fighting to keep the business going. Mr. Casper stated that the owner did not keep snow clear from sidewalk in front of building and parking for events were an issue. Ms. Peart stated not all the patrons are from Georgetown.
Nancy Aberman, 199 West Main Street was sworn in. She stated she lives several homes down and across the street. She stated that with this business she can hear the music in her home with the windows closed. She stated that the board should come on a fact finding mission and come down on a Saturday night and listen to the music. She stated that they know this area is zoned for a business. She stated this business is being an abusive neighbor.
Mike Sullivan, 205 West Main Street was sworn in.
He stated that he is okay with the restaurant and the bands if they could not hear the bands in his home. He stated that it has only been recently that they hear the bands. He stated that one weekend he had to turn keep turning up his TV to be able to hear it. Mr. Smith asked if when the music was in the other room at the restaurant if he could hear the music. Mr. Sullivan stated that they could only hear it very faintly.
Mr. Surface stated that after hearing from the residents something needs to be done. He stated that he has had positive dealings with Mr. Buswell and maybe the board can work with him and mitigate a resolution. He stated that he would like to meet again n a few weeks and see if there is any change. Mr. Surface asked Mr. Buswell to come forward again. Mr. Surface asked if there is anything he could do to keep the noise down. Mr. Buswell stated that he is willing to try something but not sure of how much he can spend. Mr. Surface asked if he could move the band to the bar area. Mr. Buswell stated that they are very busy in the bar area and there is not as much room. Mr. Surface asked if he could put the band in the bar area for now and investigate sound measures for the front
area. He stated that the parking area is another issue. Mr. Surface asked if he could charge a cover to pay for a police detail for when the bands play.
Mr. Buswell stated that it in the law it says the noise has to be unreasonable. Mr. Surface asked if they could move the band to the bar area and have a police detail from 10PM on when he has a band. Mr. Fowler stated that the owner is responsible for patrons coming and going to his establishment. He stated that he would not want to revoke his license tonight but feels that there are reasons that they could. Mr. O’Reilly stated that he feels it is tough to put a Police Officer in a business and that this can hurt his business. Mr. Surface stated that other businesses do not have this issue. Mr. O’Reilly stated that this is the first time this issue is before them. Mr. Surface stated that there are certain restrictions they could add to the license. He stated that
they need to give the owner specific directions to help out the neighbors.
Mr. Farrell stated that they can have counsel review the minutes and let us know what to do. He stated that we do not have entertainment regulations and they have to let the business know what he has to do. Mr. Surface stated he would suggest them to make some changes. Mr. Buswell stated that he is trying to make changes and may have a band just once a month. He stated that he and his manger are looking at different options. Mr. Surface suggested moving the band and look at sound blocking measures and hire a police officer while the band is playing. Mr. Surface asked if anyone else had a question or comment. No comments from the audience.
Neighbors stated that this is a restaurant pretending to be a bar. Mr. Smith stated that this is a restaurant with a liquor license and they have an entertainment license. He stated that they have heard both sides and they are trying to mediate and are not revoking a license tonight. He stated that the board would see this through to the right conclusion. Mr. Surface stated that they will see what happens and Mr. Buswell is on notice. Mr. Farrell stated that they need to recess to a meeting date. He stated it would be good to know due process before we go forward. He stated that he would talk to Town Counsel.
Board discussed to continue or a new hearing. Mr. Farrell stated that they should recess to a date certain. Board to recess to May 16, 2011 at 7:00PM
Mr. Smith moved to recess the Sports Depot at Rock Pond Entertainment License public hearing to May 16, 2011 at 7:00PM. Mr. O’Reilly seconded the motion and the motion was approved by a unanimous vote.
Correspondence
Mr. Surface stated that they had a request to recognize Sean Patrick McGrath for achieving the rank of Eagle Scout. The board congratulated Mr. McGrath and signed a letter and proclamation.
Mr. Surface stated that they received a letter from the Building Inspector asking to waive the annual $50 inspection fee for Camp Denison.
Mr. O’Reilly moved to allow the Building Inspector to waive the annual $50 inspection fee for Camp Denison. Mr. Smith seconded the motion and the motion was approved by a unanimous vote.
Board Business
Conservation Commission
Two deeds to be signed Lot A2, Caribou Court and Parcel A, off Phillips Ave.
Mr. Przyjemski explained that the ConCom has approved the deeds for these two lots. Mr. O’Reilly stated that most of the time the lots the town is given can not be used for anything as they are unusable land and are taken off the tax roles. Mr. Przyjemski stated that he agrees for some lots and he would like to tighten the rules and only take land that will help other Conservation land. Mr. O’Reilly stated that he knows that these lots are part of an ORSD plan and he would hope the Planning Board will look at these lots more closely. Discussion on looking at this issue. Mr. Fowler stated that this is where we start.
Ms. Evangelista, Planning Board member stated that the land near Thurlow Street will assist the neighbors and make it legal for them to use trails on town property.
Mr. O’Reilly moved to approve the deed for Parcel A2, Caribou Court, Georgetown, consisting of 54,486 sq. ft. of land, more or less, according to said plan. Mr. Smith seconded the motion and the motion was approved by a unanimous vote.
Mr. O’Reilly moved to approve deed for Parcel A, off Phillips Ave, Georgetown, MA, consisting of 134,845 sq. ft. of land, more or less, according to said plan. Mr. Smith seconded the motion and the motion was approved by a unanimous vote.
Letter of support regarding the Open Space Plan
Mr. Przyjemski stated that the Conservation Commission is looking for a letter of support of the Open Space Plan. Mr. Farrell stated that the board has to vote to authorize the Chair to sign the letter of support.
Mr. O’Reilly moved to allow the Selectman chair to sign a letter of support of the Georgetown Open Space Plan. Mr. Smith seconded the motion and the motion was approved by a unanimous vote.
Authorization for the ConCom Agent to be project manager for the LAND grant.
Mr. Przyjemski explained that this authorization would be to for him to be the LAND grant overseer to use these funds to acquire land and pay the legal fees associated with the purchases. Mr. Fowler asked if any of this could go to trails. Mr. Przyjemski stated that the trails would be in the second phase of the project.
Mr. O’Reilly moved to authorize the Conservation Agent to act as LAND grant overseer/project manager. Mr. Smith seconded the motion and the motion was approved by a unanimous vote.
Planning Board
Street Acceptances
Mr. Surface stated that the board needs to approve the order of layout for Street Acceptances of Belleau Woods, Harris Way, Railroad Ave and Richardson Lane for the ATM.
Mr. O’Reilly moved to approve the order of layout for Belleau Woods, Harris Way, Railroad Ave and Richardson Lane for street acceptance at the ATM May 2, 2011. Mr. Smith seconded the motion and the motion was approved by a unanimous vote.
Commonwealth Capitol Application
Mr. Przyjemski stated that he would explain this as the Town Planner was unable to attend this evening. He stated that this application is so the Town can apply for grants from the State. He stated that the town ranked high on the standards which is very good.
Mr. O’Reilly moved to authorize the Selectman chairman to sign a letter allowing the Town Planner to submit the Town’s Commonwealth Capital Application (CCA) for FY2011. Mr. Smith seconded the motion and the motion was approved by a unanimous vote.
Pit Bull Regulations
Mrs. Shirley Greenberg, 123 Pond Street gave the board a copy of Worcester’s newly adopted Pit Bull regulations. She stated that she is trying to stop a problem with pit bulls in Georgetown. She explained that she has had an issue with neighbor’s pit bulls. She stated that she has worked with dogs for 40 years and explained that the new regulation would require pit bulls to wear muzzles outside. Mr. Surface asked if she had been attacked. Mrs. Greenberg stated that she has almost been attacked and explained issues she has had. Mr. Surface asked Police Chief what has happened. Chief Mulligan explained what has happened and that they have taken enforcement action. Mr. O’Reilly stated he is familiar with the issue with the neighbor’s dogs. Mrs.
Greenberg explained some issues with dogs and stated that there is a bus stop across from her home. Mr. Smith stated that the dogs should be kept to their own property. Police Chief stated that Officer Degio has filed a report and the Greenberg’s can ask for a hearing and both can testify and the board can order the dogs removed. He asked if she has had any more issues with the dogs. Mrs. Greenberg stated she is trying to avoid a hearing and that she does not want to see other pets hurt and that she is asking the board to consider these regulations. Mr. Surface stated that they will look at the regulations and review and forward to other boards. He stated owners need to know where there dog is and be responsible. He stated that you can impose regulations but that does not mean residents will adhered to them. Police Chief stated he has an officer meeting tomorrow and will have his officers take a look at the regulations.
Mr. Fowler stated that they should look at and review these regulations. Mr. O’Reilly stated that this bylaw would not make this town meeting but can look at for the fall. He stated she should stay safe.
ATM Warrant
Mr. Surface stated Mr. Farrell gave him an additional article to add to the warrant regarding Sunday hours for alcohol licenses and that Town Counsel recommended the town add to the warrant. Mr. Farrell stated that the Article is on the warrant as Article 20. Mr. Surface read the article:
Article 20: Acceptance of G.L. c.138, §33B
To see if the Town will vote to accept the provisions of G.L. c.138, §33B, which authorizes the local licensing authority to allow for the sale of alcoholic beverages for on premises consumption between the hours of 10:00 a.m. and 12:00 noon on Sundays, the last Monday in May and on Christmas day or on the day following when said day occurs on a Sunday.
Mr. Farrell stated that the board has to vote to add the article to the warrant.
Mr. Smith moved to add Article 20-Acceptance of G.L. c.138, §33B to the ATM Warrant for May 2, 2011. Mr. Fowler seconded the motion.
Mr. Fowler asked about article ATM11-40 the citizen’s petition to allow alcohol at the Library and Camp Denison. Mr. Farrell stated that Town Counsel has stated that how it is worded it does limit the board to only allow a one-day license to only these two areas. He stated that the petitioner or the BoS can amend the article at the town meeting. He stated that he would have the wording and give to the petitioner for town meeting.
Board voted unanimously on the motion and the motion was approved.
Selectmen’s Report
Spring/Summer meetings
Board reviewed the schedule for Spring/Summer meetings-May 2, 16; June 6, 20: July 11, 25; August 8, 22; September 12, 26
Town Administrator’s Report
Budget update
Mr. Farrell stated that he had nothing new to report.
Mr. Surface stated that he talked to the Attorney General and let him know that the Towns need to get numbers sooner. He stated that there was an article in the Boston Globe on local aid cuts and Georgetown was listed as .6%. Farrell stated that he was told to ignore this number.
Appointments
Mr. O’Reilly moved to appoint Suzanne Caulfield to the Park and Recreation Commission term to expire 6/30/11. Mr. Smith seconded the motion and the motion is approved by a unanimous vote.
Mr. O’Reilly moved to appoint Glenn Clohecy as Alternate Building Inspector term to expire 3/31/12. Mr. Smith seconded the motion and the motion is approved by a unanimous vote.
Mr. O’Reilly moved to appoint Gary Fowler to the Economic Development Committee term to expire 6/30/12. Mr. Smith seconded the motion and the motion is approved by a 3-0 vote. Mr. Fowler abstained from voting.
Mr. O’Reilly moved to appoint the Poll workers (Carole Chouindard, Etta Hallowell, Kathy Roche, Pat Liessner, Suzanne Lind, Earl Johnston, Bob Davidson, Ron Marshall, Margaret Anderson, Terry Hart Lee Meisner, Starr Anderson, Beverly Knapp, Kathy Sachs, Gail Forsythe-Vail, Paul Nelson, Joe Young, Jeannette Laing, Pete Zibell, Margaret Weaver, Sue Clay, Cynthia Tardif) for the Annual Town Election on Monday May 9, 2011. Mr. Smith seconded the motion and the motion is approved by a unanimous vote.
Mr. Surface again congratulated Sean Patrick McGrath for earning the rank of Eagle Scout.
The board sends get well wishes to Mr. Trapani.
Mr. Smith moved to adjourn. Mr. O’Reilly seconded the motion and the motion was approved by a unanimous vote.
Meeting adjourned at 8:55PM.
Minutes transcribed by J. Pantano.
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