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September 22, 2008
Meeting:        Salem Licensing Board held Monday September 22, 2008 at 6:00 in the third floor
                conference room, 120 Washington Street. Present were Chairman Dave Shea, Members:
                John Casey and Rick Lee, Special Investigator Ly. Ouellette and Melissa Pagliaro, Clerk.

Approved:       Street Performers License for Shawn Hourihan.
                Mr. Shea asked Mr. Hourihan what he does.
                Mr. Lee asked when he wanted to perform.
                Mr. Hourihan said he had a License two years ago and wanted to perform during the month
                of October.
                Mr. Casey asked how he collected tips and explained he could not pass anything around but
                that he could have something stationary.
                Mr. Lee motioned to approve from 10/1-10/31, 8 a.m. – 8 p.m. in B-5 district.
                Mr. Casey seconded
                
Approved:       Street Performers License for Donald Miron.
Mr. Miron could not be present because he lives in Connecticut. However, Mr. Hourihan spoke on his behalf. Mr. Hourihan said that they work together along with the next person to be heard on the Agenda.
Mr. Shea said that that could give a pre approval with the same conditions as long as Mr. Hourihan came to meet the Board once he was in town before he performed.
                Mr. Casey motioned to approve.
                Mr. Lee seconded.

Approved:       Street Performers License for Donald Deich.
Mr. Shea asked if it was the group’s intention to work in one place. He also asked if Mr. Deich has had a License before.
Mr. Deich said that he did have a License two years ago. He said he does Gothic magic as part of the trios act.
                Mr. Shea asked if they used amplification.
                Mr. Deich said that do not.
                Mr. Casey motioned to approve with the same conditions as the rest of his group.
                Mr. Lee seconded.

Approved:       Street Performers License for Sheila Bremer – Irish Step dancers.
                Mr. Shea asked what the group does.
Ms. Bremer said that they are an Irish step dance group that is made up of mainly children between the ages of 7 – 18, and some parents. They perform with music and a very small amplifier.  
Mr. Shea asked how many would be performing at one time.
Ms. Bremer said that the most would be 12 and the least would be 4.
Mr. Shea said that some of the areas requested on the application to perform cannot be approved by the Licensing Board. Mr. Shea said they can perform anywhere in the B-5 area as long as it is not in front of a tent.
Ms. Talkowsky said that she can give them dates and times to perform o the common under her blanket License during October.
Mr. Shea said they can perform in the B5 area from 8 am – 8 pm thru November 1, and will work with Ellen to identify other places to perform.
                Mr., Casey motioned to approve.
                Mr. Lee seconded.

Approved:       Ellen Talkowsky for the Wheaton College Gentleman Callers – Street Performers           
Ms. Talkowsky said that they have performed in previous years and they are very good. She said they mostly perform on the lawn of the Witch Museum.
                Mr. Casey asked if they are looking to perform for the whole month.
Mr. Shea said the conditions will be that they perform between 8 am – 10 pm for the month of October.
                Mr. Case asked if they collect tips.
                Ms. Talkowsky said they usually just have a basket on the ground.
                Mr. Casey motioned to approve.
                Mr. Lee seconded.

Approved:       Ellen Talkowsky – Blanket License for various events for Haunted Happenings 2008
Ms. Talkowsky passed the Board a listing of events. Not all required the Licensing Board approval. The list was given so the Board is aware of the events happening.
Mr. Shea said that Ms. Talkowsky has earned a lot of respect by this Board and that she has done a great job at coordinating these events.
                Mr. Lee asked about the times for these events.
                Ms. Talkowsky said as they are listed in the Haunted Happenings brochure.
                ***Asking approval for:
                October 11 – Children’s Day - 10 am – 5 pm on the Salem Common.
                Lt. Ouellette said he thought that City Council had to approve the vendors on the Common.
                Ms. Talkowsky said she did not think so but would check into it.        
                
                Fiesta Shows – Food - Daily thru Nov. 1
Derby Street and Salem Common from noon – 9 pm Sun – Thurs and from noon – 10 pm on Friday and Saturdays.

                Fountain Stage – The Gathering – Entertainment
                Noon – 9 pm

                Mr. Casey motioned to approve.
                Mr. Lee seconded.

Approved:       Street Performers License for Reagh Greenleaf.
                Mr. Shea asked what he does.
                Mr. Greenleaf said he performs Irish maritime music.
                Mr. Shea asked if he has had a License before.
Mr. Greenleaf said he did two years ago but never used it. He also asked if he could perform a bit later than the usual 8 pm., maybe until 11 pm.
                Mr. Casey said he is a bit worried about voice and percussion.
                Mr. Lee said that 11 pm is too late because of the residents that live in the B5.
                Mr. Shea asked if noon – until 10 pm would work.
                Mr. Greenleaf said that it would.
                Mr. Shea said that the police can shut him down if they are getting complaints.
Mr. Greenleaf asked permission to also hand out fliers on a cross country walk that he will be doing next year on for awareness about energy.
                Mr. Shea said that he could.
Mr. Casey motioned to approve with the conditions of performing in the B5 district, 10/1-Nov.1, noon to 10 pm.

Approved:       Street Performers Application for Sisters in Dance.
Present were Candi Burke and Christine Moscato, they stated the applicant could not be present due to a death in her family.    
                Mr. Shea asked what the group did.
Ms. Moscato said they are a belly dance troop with 10 members that range in age from 25- 50 years old. She said they have performed for the last two years at the Culture-fest.
                Mr. Shea asked if they had music.
                Ms. Burke said they have a boom box.
                Mr. Casey asked where they wanted to perform.
Ms. Burke said she was not sure where they were allowed to perform because they have never done HH before.
Mr. Shea said because of the size of their group they would have to find accommodating space and asked Ellen to work with them.
Ms. Talkowsky said that would be fine.
Mr. Casey said the boom box might be a factor as to where they are placed.
Ms. Burke asked for the hours to be until 10.
Mr. Shea said that with a boom box that maybe too late, that 9 pm is better.
Mr. Casey motion to approve with the conditions of performing between 10 am – 9 pm, Oct.1 thru Nov.1.
Mr. Lee seconded.

Approved:       One Day Liquor License – PEM – for Harbor Sweets
Natalie said that the police have already been contacted for detail, she has the insurance waiver and the fee has been paid. She said this is for the annual meeting for Harbor Sweets and no Liquor will be served after nine.  The event is for about 18 people.
                Mr. Casey motioned to approve.
                Mr. Lee seconded.

Approved:       One Day Liquor License – Pamplemousse
Diane Mahahan said this event in held together with the Gathering. She said it is a tasting event.
                Lt. Ouellette said he wad not aware of any problems or issues last year.
                Ms. Manahan said that she already has a detail officer in place.
                Mr. Casey asked the point of closing for an hour mid day.
                Ms. Manahan said it was to control how many people are in the building at one time.
                Mr. Lee motioned to approve.
                Mr. Casey seconded.
Approved:       Physic Fair – Crow Haven Corner, Lori Stathopoulos
Lori said she applied in the spring for 4 Licensed she thought was for the fair but got sub-licensee licenses instead. Asked if the fair is in her store; can she have those 4 read at the fair.
Mr. Shea said if the fair is being held at t he store than sub-licensees of the store can work the fair as well.
Mr. Shea asked how it worked.
Ms. Stathopoulos said that they open a t 10 am and close at 9 pm and have a variety which included tarot cards, palmistry and mediums.
Mr. Casey asked what the cost is.
Ms. Stathopoulos said that it is $30.00 per reading. She gets $18.00 of that and the reader gets $12.00.
Mr. Shea said we will approve this request for 13 days between October 1 and Nov 1, with the application for readers submitted tonight.
Mr. Casey motioned to approve.
Mr. Lee seconded.

Approved:       License for sub-licensee – Lorrie Gibson Store: Bewitched, 180 Essex St. between 10am – 9pm
                Present William Lazdowski, owner.
                Mr. Shea asked hoe many sub-licensees this would be at this location.
                Mr. Lazdowski said this would be the fifth and final.
                Mr. Casey said payment has not been made yet.
                Mr. Casey motioned to approve.
                Mr. Lee seconded.
                

Approved:       License for sub-licensee – Store: Rose Medallion Tea Room, 184 Essex St. 7:30 am 9 pm.
                *Mr. Lee excused himself for this portion of the meeting and cannot vote on this issue.
                Ms. Lee said that this will be the second sub-licensee at her store.
                Mr. Shea said the operating hours 7 days a week for the reader would also apply.
                Mr. Casey motioned to approve.
                Mr. Shea seconded.

Public
Gallery:        Ms. Szafranski said that her understanding of the Ordinance on Store Licenses was that they have to be primarily metaphysical.
Ms. Stathopoulos said she wanted to speak to also back up what Ms. Szafranski was saying.
                Mr. Shea asked Ms. Lee what kind of store she had.
                Ms. Lee said that she runs a tea room and does tea leaves.
                Ms. Szafranski said the store had to metaphysical.
                Ms. Lee said that she has metaphysical books in her store for sale.
                Mr. Casey said this is an issue that can be bought up in a sub-committee this winter.




Approved:       Store Fortunetelling License – Rose Watson, owner – The Awakening Guild
Ms. Watson said she knows she had to wait a year to apply for a License and it has just been a year.
                Mr. Casey asked if her store was mainly metaphysical.
Ms. Watson said yes it was; that is basically all she has. Ms. Watson said she just wants to be able to do readings herself if someone asks.
Mr. Casey motioned to approve.
Me. Lee seconded.

Approved:       License for sub-licensee – Gloria Apicella – Store: HEX, 246 Essex St. 10 am- 8 pm, 9 pm in October.
        Mr. Shea asked if this was a metaphysical store.
        Mr. Day said that is the primary business. He said that Gloria goes by another name while doing readings.
        Mr. Shea said the License has to be issued in the person’s legal name.
        Mr. Lee motioned to approve.
        Mr. Casey seconded.

Approved:       Application for Physic Fair – Christian Day
        Mr. Shea asked where it would be held
        Mr. Day said in the Museum Place Mall.
        Mr. Shea asked how fair is run.
        Mr. Day said it runs from 10/31 thru 11/1 and offers services and products. He said it is open from 10 am to 10 pm everyday.
        Mr. Shea said the Board will approve the applicants in front of them for the fair but if there are any changes of these readers he is to come back before the Board with the new information.
        Mr. Lee motioned to approve.
        Mr. Casey seconded.

Approved:       License for two sub-licensees – Ann Lombardo and Patti Hanson – Store: Angels Landing, 131-1 Essex Street.
        Ms. Szafranski asked to transfer some of the readers from Angelica’s at 7 Central Street to Angel’s Landing at 131 Essex Street.
        Mr. Shea said hat she is allowed 5 readers at each store, plus herself as the owner and that the Licenses go with the address of the store and are not transferrable from store to store.
        Mr. Shea said the Board will approve the two tonight for Angel’s Landing.
        Mr. Lee motioned to approve.
        Mr. Casey seconded.

***Discussion took place with the Ms. Szafranski and the Board about the Ordinance and the way it was written and questions she has. Mr. Shea said that as stated before these are issue that can be discussed in a sub-committee over the winter.***

Approved:       Application for Common Victualler’s License: RAJ, Inc. d/b/a Dunkin Donuts 60 Washington Street. Present Bob Johnson.
        Mr. Shea asked what the plan was for this space.
        Mr. Johnson said it was very simple with seating only for 4 people; it is about 900 sq. feet.
        Mr. Casey asked about the hours.
        Mr. Johnson said that he will keep them at 6 am – 10 pm to avoid going before the City Council.
        Mr. Casey noted that is was already handicap accessible.
        Mr. Johnson said that it was done based on Mr. St. Pierre’s recommendation.
        Mr. Casey asked when they plan to open.
        Mr. Johnson said hopefully by the 13th of October.
        Mr. Casey motioned to approve at 60 Washington Street, with seating for 4, from 6 am – 10 pm, 7 days a week.

Public
Gallery:        Mr. Neely, trustee for building at 15 Lynde Street.
        Mr. Neely asked where deliveries would be made because there is already no room at the corner of Washington and Lynde Street.
        Mr. Shea asked Mr. Johnson to explain where deliveries be made.
        Mr. Johnson said that they would be at the front door at around 6 am.
        Mr. Neely said that if it was that early than he did not have a problem with that.
        Mr. Casey asked about trash.
        Mr. Johnson said that he has a dumpster outside on the side of the church.
        Mr. Neely said his other concern was having employees of the business take up resident spots which are already too few.
        Mr. Shea asked that Mr. Johnson advise his employees not to park on Lynde Street.
        Mr. Neely asked if there was any way the employees could not obtain a parking pass and park in the garage.
        Mr. Shea said he is not prepared to instruct them to have to do that.
        
*** Discussion with Board and Mr. Neely about parking meters and resident parking signs***
        
Mr. Shea said that he and Ms. Pagliaro would work on drafting a letter to the Parking Department addressing this issue. He also asked that Mr. Johnson provide the Board with   
a copy of some type of instruction about this issue that he ahs given to his employees.
Mr. Casey motioned to approve.
Mr. Lee seconded.

Approved:       Request to increase capacity – Jay El. Ent. d/b/a Rockafella’s
                Present: Kevin Marchino and Attorney DiPiano
                Mr. Shea asked what the plan was.
Mr. Marchino said that he has had installed sprinklers and added 3 men’s and 2 women’s rest rooms. He said that the Building Inspector said one this was accomplished that hr could then ask for the increase. He said that a letter given to him earlier today said the recommendation was to increase capacity to 214. His certified plans from H.H. Morant Co. say that after this is completed it should be allowed for 261.
                Attorney DiPiano said that Mr. Marchino has spent $93,000 to complete these upgrades.
                Mr. Shea asked Attorney DiPiano to please show the spaces renovated on the map.
Attorney DiPiano said the construction is now completed and they would like to have the capacity raised to 261.
Mr. Shea asked if he could cite a code that would allow the 261.
Attorney DiPiano said he could not at he moment as he had little time to prepare for the meeting. However, they will accept the 214 because they don’t want to miss any opportunity to expand the capacity.
Mr. Shea said the Board will approve the 214 and will give a conditional approval of 261  that must be cleared with Mr. St. Pierre.
Mr. Lee motioned to approve to increase capacity to 214. Approval will be for 261 once a letter is submitted from Building Department.
        Mr. Casey seconded.

        Mr. Marchino also asked about the café seating going to 365 days a year.
        Mr. Casey said that it did and that was in part to input from Mr. Marchino.
        Mr. Shea said a letter would be going out shortly but there will be an exception on 10/31 and 11/1, where the tables have to come in early due to the crowds.
        
*** Discussion about problems with patrons on Thurs., Fri. and Sat. evenings. Mr. Shea said that all the businesses in town house square will be spoken to soon about these issues***

No-Show:        Hearing – Great new World, Inc. d/b/a Fresh Taste of Asia
        *Lt. Ouellette went downstairs to try and see if owner was there and was told by the staff that he was in China.
        He will be notified by certified mail to attend the October 13th meeting on this issue.

Public
Gallery:        Terri Calgren, Owner Artemisia Botanicals, 102 Wharf Street
        Ms. Calgren said that she applied for a sub-licensee license last November and never heard anything back.
        She said she spoke with Ms. Pagliaro about getting an application but did not get one.
        Ms. Pagliaro said the discussion was that she would check with Ms. Davenport to see if she had the paperwork.
        Mr. Shea said that can do an approval for Doreen Turner, sub-licensee today with the condition that she completes the application and complete the B.O.P so she does not have to come back.
        Ms. Calgren said that her other sub-licensee was also only given a badge for one month.
        Mr. Shea said Ms. Pagliaro can fix that for her.
        Mr. Casey motioned to approve with conditions of application and B.O.P. being completed.
        Mr. Lee seconded.

Commun-
ications:       The Old Spot – Board to read correspondence from the Mahoney’s and Melissa O’Riabi and a letter submitted earlier in the evening from Lori Stathopoulos of Crow haven Corner.
        Mr. Casey said that Ms. O’Raibi should be present for any discussion.
        Mr. Shea said that this seems a bit unreasonable all coming out now when there have been no problems.
        Mr. Mahoney said it was because there are now tenants in that building and they are also complaining.

*** A brief & general discussion between the Board and the Mahoney’s and Ms. Stathopoulos took place and Mr. Shea said The Old Spot will be called into the next meeting and these issues can be discussed then.***

Public
Gallery:        Chris Dowin – Individual Fortune Teller
        Mr. Dowin had questions for the Board about the way that the Ordinance was written pertaining to Individual Fortunetelling Licenses. Mr. Dowin had a brief discussion with the Board about a few different issues and Mr. Shea said this would be taken up in a sub-committee.

Old/New
Business:       Mr. Shea asked Lt. Ouellette to get any police reports that there may be to review at the next meeting.

        Mr. Shea said he would like to see the letter that Mrs. Rennard is drafting to the Lobster Shanty.

        Lt. Ouellette said that he feels the outside seating time restriction should be extended to cover Nov.1 as well. Noted that was voted on and approved at a previous meeting.

Public
Gallery:        Councilor Sargent missed most of the meeting and was just curious as to what happened on the Application for a Common Victualler’s License for Dunkin Donuts at 60 Washington Street. He said he was curious how deliveries for that location were addressed.
        Mr. Shea told him that they would be using the front door around 6 am before any heavy traffic.

***Discussion between the Board and Councilor Sargent took place about the various Dunkin Donuts and a few other businesses’ in the city in regards to them being able to use the front of the stores successfully for deliveries. Councilor Sargent was trying to make a comparison to the Dunkin Donuts location in Vinnin Square.***

Approved:       Meeting Minutes from September 8, 2008 meeting.

Adjournment





Respectfully submitted,

Melissa Pagliaro
Clerk of the Board

Submitted: September 24, 2008
Approved: October 14, 2008