Meeting: Salem Licensing Board held Monday May 11, 2009 at 6:00 in the third floor conference room, 120 Washington Street. Present were Chairman Dave Shea, Members: Rick Lee, Special Investigator, Lt. Ouellette and Melissa Pagliaro, Clerk. Absent was John Casey.
Approved: Street Performers License. Applicant: Cady Vishniac.
Mr. Shea asked what she does.
Ms. Vishniac said she performs as a statue.
Mr. Shea explained the restrictions about performing only with in the B% area and having something stationary for tips. He explained that she is not allowed to pass anything around for money and that performing ends at 8 pm.
Lt. Ouellette said that the BOP is all set.
Mr. Shea motioned to approve
Mr. Lee seconded
Approved: One Day Liquor License. Applicant: Salem Chamber of Commerce for the Salem Arts Festival. Mr. Shea read a letter from Rinus from the Salem Chamber about a Blanket License for Vendors. He said the Board will review that at the June 8th meeting. He said Mr. Oosthoek is here today for a One Day Liquor License for the Arts Festival.
Mr. Oosthoek said they will be using Old Town Hall for the kick off reception for the Arts Festival.
Mr. Shea asked that Mr. Oosthoek get the insurance certificate in and said the fee for this License will be waived.
Mr. Lee motioned to approve
Mr. Shea seconded
Approved: Street Performers License. Applicant: Lawrence Young.
Mr. Shea asked what Mr. Young performs.
Mr. Young said he performs 17th and 18th century music. He said it is unamplified.
Mr. Shea asked if Mr. Young has performed in Salem before.
Mr. Young said he had but not in the last few years.
Mr. Shea went over the conditions.
Lt. Ouellette said the BOP was all set.
Mr. Lee motioned to approve
Mr. Shea seconded
Approved: Sub-Licensee Fortunetelling License. Applicant: Louise Campbell to work for Bill Lazdowski, Bewitched.
Mr. Shea asked how many readers this would bring the store up to.
Mr. Lazdowski said 5 including him.
Lt. Ouellette said the BOP was all set.
Mr. Lee motioned to approve
Mr. Shea seconded
Approved: Two (2) One Day Liquor Licenses. Applicant: Heidi Webb, House of the Seven Gables.
Ms. Webb said that the insurance certificates that she was giving us is for the caterers because that is how her insurance company said it must be.
Mr. Shea asked why that would change.
Ms. Webb said that her insurance company said that is how it should be. She said they told her the certificate should be issued to the caterer and not the establishment.
Mr. Shea said the Board will grant the Licenses to the house of Seven Gables as they have done in the past. He said that whoever is hosting the event is the applicant. He also reminded Ms. Webb that there is a restriction of 30 events in a calendar year.
Mr. Shea asked if the police have been contacted for a detail.
Ms. Webb said they were.
Mr. Lee motion to accept
Mr. Shea seconded
Approved: Weekday Entertainment License. Applicant: Mr. Panajot Ruci for Lynde Street Café.
Mr. Shea asked Mr. Ruci what he was applying for.
Mr. Ruci said he would like to have a TV and a radio.
Mr. Lee asked if there was any amplification.
Mr. Ruci said there was not.
Mr. Shea said the Entertainment would be the same hours as the approved Common Victuallers License from last week.
Mr. Lee motioned to approve
Mr. Shea seconded
Approved: Street Performers License. Applicant: Simon Zaslavsky.
Mr. Shea asked what Mr. Zaslavsky performs.
Mr. Zaslavsky said he plays classical music on violin. He said he has had a license in Salem before.
Lt. Ouellette said there were no problems in the past.
Mr. Shea asked where he usually played before and reminded him of what was allowed to collect tips and told him the time to stop performing is 8pm.
Mr. Zaslavsky said on the Essex St. Mall.
Mr. Lee motioned to approve
Mr. Shea seconded
Approved: Two (2) One Day Liquor Licenses. Applicant: Rachel Sterma for Salem State College Alumni Affairs.
Mr. Lee said there re two applications one for June 6th and one for June 7th.
Mr. Shea asked what the events were for.
Ms. Sterma said the weekend events are for alumni to come back to campus.
Mr. Lee asked who would be serving.
Mr. Sterma said the caterers will be serving.
Mr. Shea noted that the first event is in a residence hall. He noted the second event is outside at Central Campus. He asked Ms. Sterma to be more specific in where the serving would be happening outside.
Ms. Sterma said that they will be out at the Central Campus Tennis Court Patio. She said that area is not near public access.
Mr. Lee motion to approve
Mr. Shea seconded and asks that the License specifically read “Patio near Tennis Court at Central Campus”
Hold: Discussion with the Lobster Shanty. No one is currently present. Mr. Shea said that if no one shows up by the end of the meeting to call them in for a Hearing for the June 8th meeting. He asked lt. Ouellette to bring any police reports at that time.
Hearing: Steve Morris owner of 315 Essex Street, Rooming House.
Mr. Morris, present said he lives at 84 Ipswich Road in Boxford.
Mr. Shea said this Hearing is about the residents of 315 Essex Street and the Bard wants to speak with him about some issues that have been brought to the attention of the Board by neighbors.
Lt. Ouellette said that he pulled all of the reports for 2008-2009 and there were 10. He said all but one involving threats were for medical assist or medical aide. He said these reports are from April 2008 to April 2009.
Mr. Morris Sharpe form the public gallery asked if all of Lt. Ouellette’s testimony is sworn.
Mr. Shea said that it was not and asked if anyone else would like to speak.
Attorney, John Carr, in the public gallery, said he represents several of the neighbors in the zoning decision that was just made to allow Mr. Morris to add three more residential units to this building. He said that part of the appeal in that decision is the chronic nuisance that happens at this property.
Mr. Shea asked when that zoning decision was made.
Mr. Carr said on April 17, 2009. He said that Mr. Morris got approval for 3 extra units. He said he has appealed that decision. The neighbors say that this property is a nightmare. He said that one of his clients have print outs of police reports going back to January 2006, showing over 100 calls to police and an additional 10 calls to fire.
He said that is above average for the McIntyre District. He said that there are rooming houses that are well run and well maintained. However, if one of them is not or they become a nuisance, the residents will turn to the Licensing Board.
From the public gallery, Lori Gavenda, neighbor that resides at 328 Essex Street.
Ms. Gavenda said she has been there for 5 years. She said she has had to call police several times herself for people acting disorderly. She said there are people constantly coming and going, and it is noisy. She said t is a nuisance and she is not happy about it.
Mr. Shea asked how Ms. Gavenda knew the people were from that address.
Ms. Gavenda said she sees them coming and leaving from there.
Mr. Shea asked if it was escalating or the same.
Ms. Gavenda said that it has been the same for the last 6 months or so.
Mr. Shea asked her when she thought was the worse time.
Ms. Gavenda said the worse time is the spring and summer months with the noise. She said there is a lot of violence and fighting and foul language. She said maybe people are just talking loud but they do not seem sober.
Mr. Lee asked about what hours the noise happens usually.
Ms. Gavenda said between 11pm and 2 am. She said the days and times it happens vary.
From the public gallery, Dorothy Hayes, neighbor who resides at 329 Essex Street.
Ms. Hayes said that she bought these facts forward to the LB two years ago and then again two weeks ago. She said that a man that was very violently screaming at a woman two weeks ago caused her to come into the Board again.
Mr. Shea asked where this incident occurred.
Ms. Hayes said out on the sidewalk.
Mr. Shea asked how she knew these people were from that address.
Ms. Hayes said that when she called the police they told her someone else had already called and repeated the address.
Mr. Shea asked if she had any specific information that ties these complaints to this address.
Ms. Hayes said that she has seen people that are inebriated and that are conducting themselves in an inappropriate manner go into the building.
Mr. Shea asked if she could be more specific. He said that he is not trying to be argumentative but he is trying to get specific.
Ms. Hayes said there was an incident at 6:30 am where she saw a man who was heavily drunk staggering into the building. She said the incident with the man threatening the woman was a week later.
She said that Monday morning she went to the police to get the reports but they also included 313 Essex Street, which is another apartment building next door. She said there are no problems from that address. Ms. Hayes said that Mr. Morris lost his license for a rooming house on Boston Street at a property that had nothing surrounding it. She said this property is in a residential neighborhood and surrounded by neighbors. She also said that two years ago a restriction o n the License at 315 Essex Street was that Mr. Morris keeps a register of the occupants. She wanted to know if that has been maintained.
Mr. Shea said that he would assume so because there have been no complaints of it not being done.
Ms. Hayes asked if the residents are being screened.
Mr. Shea said they would address that later.
From the public gallery, Morris Sharpe, abutter from1 Cambridge Street.
Mr. Shoppe said he would like to apologize to Lt. Ouellette. He said that his reports went back to 2006 not just the last year. He said that at 315 Essex Street there are many small rooms on the 2nd and 3rd floors and that they are not ac’s, therefore the windows tend to all be open. He said that naturally it is not as bad in the winter when everything is closed up but in the summer he said there is a lot of foul loud sounds and activity. He said that Mr. Morris lives far away from the building and is not there to see and hear the activity.
Mr. Lee asked about the times incidents were happening.
Mr. Shoppe said that last weekend a tenant of the rooming house and a guest as having a loud argument at 10am. He said the summer months are no longer tolerable with the music and the noise. He said there is also a roof on the back of the building that the tenants use as a deck to hang out on. He said the building is very densely occupied. He said that the Building Card says there should be 8 rooms but the License is for 13 rooms. He asked why the building card did not math the licensed number of rooms. He said that this building is a constant nuisance for him and his neighbors.
Mr. Shea asked if it was the same or worse and if it got worse in the summer.
Mr. Shoppe said that summer is worse.
Mr. Shea asked if he has seen and heard threats being made.
Mr. Shoppe said that he has heard them.
From the public gallery, Jim Carney, abutter from 1A Cambridge Street.
Mr. Carney said that there has been a continuous problem with foul and abusive language and gets woken up by this in the middle of the night.
Mr. Shea asked him if it was worse or better.
Mr. Carney said that before Mr. Morris owned it the previous owners had control over it. Since they have left it has been worse. He said that the building next door is a big building and there are no issues there.
Mr. Shea asked if there was loud music.
Mr. Carney said yes, especially in the summer when they use the rooftop as a deck.
Mr. Lee asked about the times.
Mr. Carney said that it varies but it is usually late.
Mr. Lee said that he keeps asking because he is tying to pinpoint certain times these incidents are occurring.
From the public gallery, Judy Carney, abutter from 1A Cambridge Street.
Ms. Carney said that she would like to concur with what the other neighbors have said tonight. She said that she and her husband are usually only here in the summer months. She said during those months it is unpleasant to hear loud music, arguing, foul language and trash strewn in the parking lot.
Mr. Shea asked the group of neighbors if anyone has been threatened by the residents at 315 Essex Street.
The neighbors in the public gallery all say no.
Mr. Hayes also asks about the signs that Mr., Morris has in the windows. She asked if he was required to get permission from the SRA for them. She also asked if the building had sprinklers.
Mr. Morris said that he did not expect all of this tonight. He said that he recognized these to be the same neighbors from the ZBA.
Mr. Shea asked if the ZBA decision takes him to 13 rooms.
Mr. Morris said yes it does. He said he was just handed an appeal from Mr. Carr on that decision. He said as far as the complaints go that he has an onsite manager that he feels has done a very good job. He said it is what it is. He said that there are no ac’s in the room s because it is a safety issue with the electric. He said as for the roof, maybe people are on there on occasion but he has never seen anyone out there and they are not supposed to be on it.
Mr. Shea asked if he was screening his tenants.
Mr. Morris said that he was and they do an in depth interview.
Mr. Shea said that the last incident involved unit #5 and asked Mr. Morris if he was aware of that.
Mr. Morris said that he was and when there is an incident that the Manager goes over right away.
Mr. Shea asked how Mr. Morris follows up with a complaint.
Mr. Morris said we knock on the door and ask the tenant.
Mr. Shea asked when the last time he evicted someone.
Mr. Morris said it was two weeks ago. He said that some of the tenants have mental health issues and there is no way of knowing that because they cannot ask that in the interview.
Mr. Shea asked how many of the rooms are occupied.
Mr. Morris said that they all are.
Mr. Lee said he does not want to keep doing this. He told Mr. Morris that he knows what the issues are and he needs to correct the problem.
Mr. Morris said that with all due respect, these people have been complaining about this for the last 12-15 years.
Mr. Lee said there has to be some safeguards.
Mr. Morris said that none of the people present tonight have ever tried to call him to discuss or work these issues out.
Mr. Lee said that Mr. Morris knows there is a problem and he needs to take care of it.
Atty. Carr said that it maybe helpful in the future if the neighbors had the manager and Mr. Morris’ number to be able to call when there is a problem. He said that when Mr. Gainesboro won the court case to have the rooming house back in the 1980’s that the Building card says no more than 8 rooms.
***Mr. Lee asks for a 5 minute recess***
Mr. Shea asks if Mr. Morris would like to add anything else at this time.
Mr. Morris said no.
Atty. Carr said that he would like to submit the wider scope of police
reports that Mr. Shoppe got from the police station for the file.
Ms. Hayes asked what would be put in place to address these issues.
Mr. Shea said he would like to offer some ideas to try and help address these issues. He said improvement has to happen. He said that Mr. Morris does have the right to operate a rooming house although he thinks there is a different type of people living in rooming houses these days than there were 10 years ago. He said that the residents of the neighborhood rights extend beyond Mr. Morris’.
*He said he would first like to get clarification from the Building Department on the number of rooms. He asked Mr. Morris to provide anything he may have on this issue to help.
*Secondly, He asked that Mr. Morris give his phone number and the manager’s phone number to the LB so they can give it to the public if they need to contact them for any issues. Mr. Shea encouraged the neighbors to use it if they have to.
* Thirdly, he would like Mr. Morris to initiate eviction proceedings for any tenant that police are called on for disorderly.
Mr. Shea that this will come back before the LB for the last meeting in
June for a review to see if there are any improvements. He said the Board
knows that this is challenging but he’d like to see less police calls and see
if the neighbors notice an improvement. He said the Board would like to see Mr. Morris trying to rectify the issues.
*Lastly He said that id in 30 days there are no improvement that the LB will move to reduce the number of units by 3.
Mr. Lee motioned to approve the above conditions
Mr. Shea seconded
***Further discussion.
Mr. Morris asked why action was being taken immediately.
Mr. Shea said the Board is giving him 30 days.
Mr. Lee said if all goes well that will be the end of the problem.
Mr. Morris gave Ms. Pagliaro his home and cell phone number and the
Cell phone number for the manager, Randy Paradise.
Approved: Transfer of Liquor License for 75 Congress Street. 3 (three) Transfers.
Present: Ron Brogan Attorney Jon Skerry, Attorney Karen Simao and Steve Belakonis.
Mr. Shea began by summarizing what was happening with these transfers. He said that this is a unique transfer and the Board has consulted with the attorney for the petitioners, the ABCC and the City Solicitor. The Board is following the advice based on the above parties to approve this transfer.
This is a full Liquor License that was at 75 Congress Street and fell into misuse because of non payment of taxes. It was then claimed by the DOR and the rights to apply for the License was auctioned. Ron Brogan and Kevin Treanor bought those rights. Mr. Brogan is here tonight to apply for the License. Mr. Treanor and Mr. Brogan have reached an agreement to sell the License to Arthur Beradino who is the new owner of the building at 75 Congress Street, who will then sell the License to the owner of the new restaurant which will be located in the building, Steve Belakonis with a pledge of the License to Arthur Beradino.
Mr. Shea reviewed the paperwork for all three transactions and said it will benefit everybody to get this License active again. He asked for a description of the plan of the restaurant.
Attorney Simao for Mr. Beradino and Mr. Belakonis said the restaurant was inspired by a restaurant in California. She said it will be a relaxed atmosphere with a range of traditional foods and a price range to compliment that. She said that Mr. Belakonis has 4 years of experience serving alcohol. She said he has also hired a very well known chef that has 20 years of experience. She said the proposed hours are from Monday thru Thursday 4pm-1am and Friday and Saturday 11am-1am and Sunday noon-1am. She said the floor plan is going to stay the same at 46 which the prior owner had. She said the current floor plans show fewer seats while they try a few things out.
Mr. Shea asked dif they were looking to keep seating the same at 46.
Atty. Simao said yes. She said there would be around 10 employees; she said they are asking for background music and TV for entertainment. She said they are not requesting any live entertainment.
Mr. Belakonis said that he is TIPS trained and certified and that all the bartenders and wait staff will be to as well as CPR certified. He said they also have a new technology in place for wait staff where the computer will flag anyone who has more that 2 drinks.
Mr. Shea asked who the manager of record will be.
Atty. Simao said the proposed manager is Mr. Belakonis.
Mr. Belakonis said he has worked at Jimmy’s Restaurant in Danvers, Century house as a cook, Natalie’s and some nightclubs.
Mr. Shea asked when he became TIPS certifies.
Mr. Belakonis said in the last few months.
Mr. Shea asked who the chef was.
Mr. Belakonis said his name is Oscar Felix.
Mr. Shea said he encourages them asking for an 11am opening 7 days a week and if the hours change they can inform the Board.
Mr. Lee motioned to approve the following:
- Transfer from DOR to Mr. Brogan and Mr. Treanor.
- Transfer from Mr. Brogan and Mr. Trainor to Arthur Beradino.
- Transfer from Mr. Beradino to C’est La Vie Restaurant Group, LLC.
- Pledge of License from C’est La Vie Restaurant Group, LLC to Arthur Bernadino.
Mr. Shea seconded
Mr. Lee motioned to approve the Entertainment License C’est La Vie Restaurant Group, LLC d/b/a Sonoma Restaurant for background music piped in through surround sound, TV’s radio and CD player.
Mr. Shea seconded
Discussion: Seasonal Liquor Licenses.
Mr. Shea said that what is currently in the works will move forward. He said that after a brief discussion after the last LB meeting the Board has decided to put a temporary moratorium on seasonal licenses. He said that he would like to do it for two years but that Mr. Casey asked for a year.
Mr. Lee motioned to approve a temporary moratorium for 1 year and it will be revisited on July 1, 2010.
Mr. Shea seconded.
Further discussion on this: Rinus from the Chamber of Commerce asked if the City Council was initiating this as well.
Mr. Shea said the LB is initiating this.
Rinus asked if it would be discussed before the July 1, 2010 date.
Mr. Shea said the policy will not change until then.
Discussion: One Day Liquor licenses.
Mr. Shea said there have been lots of questions about these applications.
Natalia Leskaris and Betsy Weisman from PEM were present to hear discussion.
Mr. Shea said that he think the person applying for the License should be the host of the event.
Ms. Leskaris said she has been losing business because of having to obtain a license for very small events with no paid admission and no selling of alcohol.
Mr. Lee motioned to approve the policy of having the host of the party, owner of the premise, apply for the One day Liquor license.
Mr. Shea seconded
Further discussion:
Mr. Shea said the policy for not having to obtain a One Day Liquor License will be as follows:
*If the event is not open to the public
*If there are no ticket sales for events
*If there is no alcohol being sold
*If the alcohol is being provided by the host of the event.
Mr. Shea said if there are any gray areas to contact the LB. He also asked that a Draft of this policy be put in writing and presented at the June 8 meeting for the Board to approve.
Discussion: The Lobster Shanty for a noise complaint. Present: Diane and Lee Wolf.
Diane said that she did not receive the letter to attend and that Rinus went over to the restaurant to get her and Lee.
Mr. Shea said that he attended a neighborhood meeting last week with about 30 neighbors, mostly from Derby Lofts. He said there were specific complaints about the noise at Lobster Shanty and there have been e-mails to the Mayor’s Office. He said he very surprised as he thought that neighbors would have been here tonight.
Ms. Wolf said that the she had a resident call the day a loud band was playing. She said she had previously given a resident her cell phone number and when they called her and the neighbor had a pleasant conversation. She said that the band in question that day has a “box” speaker but the actual speaker was only 12” but she didn’t know if the box effect contributes to the loudness.
Mr. Shea asked if the speakers were faced in wards.
Mr. Wolf said yes they were.
Mr. Shea asked what Mr. & Ms. Wolf thinks they can do.
Mr. Wolf said there have only been a couple of complaints. He said that he thinks that having smaller bands without drummer is successful. He said maybe he could have the drummer on Sunday afternoon. He said they are working with each band and with set up.
Mr. Shea suggested that there be no outdoor entertainment on Mondays, Tuesdays and Wednesdays, NO drums in band after 7pm and enforce 12” speaker size. He said if there was any special event they could come before the Board for approval. He also said one of the new tenants above Edgewater complained and was wondering if there was a way to inform them of the entertainment.
Mr. Wolf asked for clarification on the drums.
Mr. Shea said no drums at all.
Ms. Wolf said that she has a new diary and log book for all complaints that come in.
Mr. Lee motioned to approve conditions
Mr. Shea seconded
Old/New
Business:
Approved: Minutes from April 27, 2009 meeting.
Adjournment: Mr. Shea motioned to adjourn
Mr. Lee seconded
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: May 19, 2009
Approved: June 8, 2009
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